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Council PKT 08-12-2014 RegularCITY OF Federal Way CITY COUNCIL REGULAR MEETING AGENDA Council Chambers - City Hall August 12, 2014 - 7:00 p.m. www.cityoffederalway.com 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS a. American Flag Installation at 320th near Hwy 99 b. King County Public Health Briefing c. National Night Out Report d. Toys R Us Building Demolition e. Streets Projects Update f. Mayor's Emerging Issues and Report 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 to the podium and state your name for the record. Please limit your comments to three minutes. The Mayor may interrupt comments 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, all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: July 15, 2014 Regular and Special Meetings; July 29, 2014 Special Meeting ... page 3 b. Vouchers... page 18 c. Monthly Financial Report - June 2014 ... page 71 d. Zayo Group, LLC Conduit Lease Agreement... page 86 e. Mark Twain NTS '14 — 25 Dr S & 22 Ave S (S 284th PI to Star Lake Road) ...page 103 f. Demolition of Structure located at 28866 Pacific Hwy S ... page 107 6. COUNCIL BUSINESS a. Confirmation of Parks Department Director—page 110 The Council may add items and take action on items not listed on the agenda. b. Resolution: Possible Closing of King County Public Health Clinic in Federal Way ... page 111 c. American Flag Installation at 3201h near Hwy 99 ...page 121 d. New Dawn Case Management System ... page 124 e. Collective Bargaining Agreement with Police Support Services Association... page 166 7. ORDINANCES First Reading and Enactment a. CB# 655 — Amendments to FWRC Title 19 for Group Homes Type Ill ... page 195 An ordinance of the City of Federal Way, Washington, relating to Group Homes Type 11 and Type ll; amending FWRC 19.05.070, 19.105.050, 19,205.060, and 19.220.090; and adding new sections to FWRC 19.240. (Amending Ordinance Nos. 09 -610, 09 -605, 09 -593, 07 -559, 01 -385, 99 -333, 97 -291, 96 -270, and 94 -223) First Reading b. CB# 654 — Zayo Group, LLC Franchise Amendment... page 245 An ordinance of the City of Federal Way, Washington, amending the Nonexclusive Franchise granted to Zayo Group, LLC to occupy Rights -of -Way of the City of Federal Way, Washington, within the specified franchise area for the purposes of installing fiber optinc network within and through the City of Federal Way (Amending Ord. No. 13 -738) Second Reading C. CB# 653 — Amendment of FWRC Title 13 "Buildings" to Adopt State Mandated 2014 Electrical Code ... page 252 An ordinance of the City of Federal Way, Washington, relating to the adoption of the 2014 National Electrical Code and related matters; amending Title 13 `Building "; and amending FWRC 8. COUNCIL REPORTS 9. ADJOURNMENT The Council may add items and take action on items not listed on the agenda. COUNCIL MEETING DATE: Auuust 12.2014 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUBJECT: CITY COUNCIL MEETING MINUTES POLICY QUESTION: Should the City Council approve the July 15, 2014 Special and Regular, and the July 29, 2014 Special City Council Meetings draft minutes? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtney, Deputy City Cler DEPT: Mayor's Office 1. .................... ...................... . .p .... ......... Y,.. p..._tY h..... Attachments: Draft minutes from the July 15, 2014 Special and Regular Meetings; and July 29, 2014 Special City Council Meeting. Options Considered: 1. Approve the minutes as presented. 2. Amend the minutes as necessary. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A N/A CITY CLERK APPROVAL: Committee Council N/A N/A CHIEF OF STAFF: Enactment reading Committee Council COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the minutes as presented. " BELOW TO BE COMPLETED BY CITY CLERKS OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED IST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 08/12/2010 RESOLUTION # CITY OF . Federal Way MINUTES FEDERAL WAY CITY COUNCIL STUDY SESSION / SPECIAL MEETING Council Chambers - City Hall July 15, 2014 - 5:30 p.m. www.cityoffederalway.com 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 5:30 p.m. City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Jeanne Burbidge, Councilmember LydiaAssefa- Dawson, Councilmember Kelly Maloney, Councilmember Susan Honda, Councilmember Bob Celski, and Councilmember Dini Duclos. City staff in attendance: Interim City Attorney Amy Jo Pearsall and Deputy City Clerk Stephanie Courtney. Councilmember Martin Moore arrived at 5:48 p.m. 2. PLEDGE OF ALLEGIANCE Scott Chase led the Pledge of Allegiance. 3. Panther Lake 2013 Neighborhood Traffic Study — SW 330th Street (W Campus Trail to 10th Ave SW) • Staff Presentation: Senior Traffic Engineer Erik Preston gave a brief history of this traffic study including data collected including speed volume, collision rate, and site distance. He stated the study scored an extremely high score of 9; and modifications to the area will need to be made based on that score is a public safety risk. Mr. Preston stated due to the site distance issue the city will need to address some type of calming measure to the area. • Public Comment: Michael Kun, spoke in concern of increased traffic delays in the area due to added traffic calming devices or suggestions. Kevin Burns, spoke in opposition to installing roundabouts at these intersections. He suggested the use of mirrors in addition to improving the existing landscape and hardscapes will increase site distance. Scott Chase, President to West Campus II Homeowners Association, restated the study scored a 9 and asked Council to address these dangerous intersections. City Council Minutes — July 15, 2014 Special Meeting Page I of 3 Pat Simmons, complimented City Engineers for their hard work on this project and stated he agrees with mini - roundabouts in this area for traffic calming solutions. Rob Graf, President of The Ridge Homeowners Association stated he would like to see any infrastructure be neighborhood appropriate and not distract from the aesthetics of the neighborhood it is being placed in. Ann Woolman, President of Latitude Condominiums stated she has attended all the meetings and feels there are too many traffic calming devices placed upon commuters. She thanked staff for listening to resident's feedback. Margaret Nelson, stated her main concern is the site distance issue in this area and the safety risk it poses, particularly crossing the street. She asked Council to move forward and calm traffic in this area. Bruce Kannenburq, stated staff has identified speed and line of sight as the main issues with this area. He suggested selecting speed tables which will slow down traffic, he feels roundabouts will cause more right -of -way issues. Jerrie Lottes, stated she feels out of area traffic is not aware of the 25MPH zone as the current signs are not visible due to overgrown vegetation and location of the signs. She suggested better signage and speed tables to cut down on speed. Jamaal Cowan, suggested painting the speed limit on the roadway as other cities have done. He stated he is concerned over an increased emergency response time for Fire and Police if the roundabouts are added; and concerned with winter driving conditions on the hill area if speed tables are added. Geoffrey Kelly, Campus Wood- Division 1 resident strongly encourages Council to try speed table first before adding roundabouts to the area; which he believes will create a larger site distance issue. Aaron Burt, Ridge resident stated he uses the 3 r and 330th intersection daily and he agrees there needs to be improvements made. He does not support traffic circle on 3 rd Kile Berg spoke against speed circles on narrow roads; he would rather see the tax money used to widen the road. He is opposed to roundabouts. Deputy City Clerk Stephanie Courtney read into the records two emails as follows: Randy Cunningham, West Campus 2 homeowner and Board Member, submitted a letter of support for the Traffic Calming study as presented. He asked council to take action on this item and resolve the safety issues. Kay Pope, West Campus 2 Homeowner and Board Member, submitted a letter of support for the Traffic Calming study and asked the Council to take swift action to resolve the traffic safety issues. Council asked clarifying questions of city staff members including response time of emergency vehicles and how the scoring in this area is broken down. Mr. Preston stated there will be a total of 6 -8 seconds increased response time for both intersections. Senior Traffic Engineer Rick Perez stated the 9 points is totaled from the City Council Minutes — July 15, 2014 Special Meeting Page 2 of 3 following: 3 points for increased speeds (36MPH); 1 point for volume; 3 points for collisions; and 2 points for collisions with injuries. 4. Economic Development Task Force: Vision and Plan Moving Forward • Staff Presentation: Chief of Staff Brian Wilson reviewed the vision for the Economic Development Task Force stating this is the first of two Council Study Session intended to initiate the vision and process for the beginning of an Economic Development Summit planned for Fall 2014. He asked for Council feedback on the developing Summit partners and stakeholders; Strategies; including Rebranding initiatives; and further development in the downtown core, frame and center. Council consensus would be to include more Councilmember representation and make meetings more available to public attendance and comments. Council also agreed to seek out qualified individuals to give input and also connect with city partners such as Lakehaven, Sound Transit and the School District. Mayor Ferrell asked each Councilmember to forward the names of individuals in the community to himself, Chief of Staff Wilson and Deputy Mayor Burbidge. Councilmembers encouraged anyone interested in this task force to contact the Mayor's Office. 5. ADJOURNMENT Mayor Ferrell adjourned the meeting at 6:40 p.m. Attest: Stephanie Courtney, CIVIC, Deputy City Clerk Approved by Council: City Council Minutes — July 15, 2014 Special Meeting Page 3 of 3 CITY OF Federal Way REGULAR MEETING MINUTES FEDERAL WAY CITY COUNCIL Council Chambers - City Hall July 15, 2014 - 7:00 p.m. www.cityoffederalway.com 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 5:30 p.m. City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Jeanne Burbidge, Councilmember LydiaAssefa- Dawson, Councilmember Kelly Maloney, Councilmember Susan Honda, Councilmember Bob Celski, Councilmember Martin Moore and Councilmember Dini Duclos. City staff in attendance: Interim City Attorney Amy Jo Pearsall and Deputy City Clerk Stephanie Courtney. 2. PLEDGE OF ALLEGIANCE Norma Blanchard led the Pledge of Allegiance. COUNCILMEMBER MALONEY MOVED TO AMEND TONIGHT'S AGENDA TO INCLUDE ITEM 6C FOR DISCUSSION REGARDING THE COUNCIL OFFICIALLY SANCTIONING A COLLEGE UNIVERSITY INITIATIVE; SECOND BY COUNCILMEMBER HONDA. The motion carried unanimously. Deputy Mayor Burbidge yes Councilmember Assefa- Dawson yes Councilmember Maloney yes Councilmember Honda yes 3. PRESENTATIONS a. Fireworks Enforcement Report Councilmember Celski yes Councilmember Moore yes Councilmember Duclos yes Police Chief Andy Hwang gave a report on the calls for service (CFS) from June 28th to July 7th for 2013 and 2014. He noted there was a decrease of 1 call; as 2013 reported 232 fireworks related CFS and 2014 reported 231; and noted approximately 250 pounds of fireworks were confiscated in 2014. He displayed a city map noting where the 911 calls were coming in from in and outside the city limits. b. Sound Transit: Federal Way Link Extension and Long Range Plan Update Sound Transit Representative Chelsey Levy and Sound Transit South Corridor Development Manager Cathal Ridge reported on two separate upcoming open houses on July 16th at Truman High School, and July 31St at the FW Transit Center. They strongly encouraged citizens to attend to give feedback. City Council Minutes — July 15, 2014 Regular Meeting Page 1 of 8 Mr. Ridge reported on the history and projections for the SR99 Federal Way Link. He addressed the height variations of HWY99; and updated Council on parking both current and proposed. He noted the Draft EIS will be available and is a work in progress at this point. Sound Transit is currently looking for feedback to incorporate into the draft EIS. Ms. Levy reported on the Long Range vision of Sound Transit and discussed the multiple steps taken for any project. She also encouraged Council and citizens to give written or emailed comments for the July 16, 2014 Public Hearing at Truman High School. Council asked Ms. Levy how much money has been collected from the Federal Way residents; she was unsure, however will report back to Council with an answer. Council also asked clarifying questions regarding the use of SR99 or along 1 -5; and if all 5 proposed site options would allow continuation of the link rail South. c. Introduction of Code Enforcement Team Mayor Ferrell asked Building Official Marty Gillis to introduce her Code Compliance team. Ms. Gillis thanked the Council for the opportunity to introduce her team and thanked citizens, Councilmembers and staff who also contribute to the upkeep of the city. She brought forward and introduced Code Compliance Officers Anna Garner, Chris Free[, and John Fairbanks; as well as Huimei Nong and Jack Johnson who work with graffiti and sign code violations. Mayor Ferrell stated the city is working towards a more pro- active approach to Code Compliance in the city. d. Multi- Service Center Amanda Santo, Employment and Education Director of the MSC stated the Multi- Service Center is a nonprofit organization that provides help and hope to our neighbors in need. City of Federal Way funding helps support MSC in three major categories including housing; food and clothing and the YES (Youth Employment and Education Services). She stressed the current trends are lack of affordable housing, decrease in donations of meats and other proteins to the food bank, and more complex barriers facing youth and young adults in our communities. e. Certificate of Recognition: Glen Brooks Mayor Ferrell read and presented a Certificate of Recognition to Glen Brooks, resident who is become a leader in making sure his community is safe. Mr. Brooks thanked the Mayor and Council and encouraged others to get involved and become active in their community. f. Certificates of Appointment: Planning Commission At the July 1 st City Council Meeting, Council appointed Diana Noble - Gulliford to the Planning Commission as a voting member and Anthony Murietta and Nikole Coleman - Porter to the Planning Commission as alternate members. Councilmember Celski read the Certificates of Appointment into the record and presented them to the individuals in attendance. g. Certificate of Appointment: Ethics Board At the July 1St City Council Meeting, Council re- appointed Fred Neal to the Board of Ethics. Councilmember Honda read the Certificate of Appointment into the record. h. Comprehensive Annual Financial Report (CAFR) Finance Director Ade Ariwoola presented the 2013 Comprehensive Annual Finance Report (CAFR) which is a 117 page document that outlines the city's finances. He highlighted this document which includes the Transmittal Letter, Auditors Opinion, City Council Minutes — July 15, 2014 Regular Meeting Page 2 of 8 Government -wide Financial Statement; General Fund; and Notes and Statistics. He also presented the Popular Annual Financial Report (PAFR) which is a user friendly brief of the CAFR. He noted this 16 page document is filled with useful information for any citizen wishing to better understand the city's financial picture. Council thanked Mr. Ariwoola for his presentation. i. Mayor's Emerginq Issues and Report • Town Square Park Opening — July 12th: Mayor Ferrell thanked both Interim Parks Director John Hutton and PACC Project Manager Ken Miller for the great day at the Park. He highlighted the picture of the ribbon cutting and remarked it was a great day and was made possible by the project being completed on time. Mr. Hutton stated the weather was perfect and he thanked the Parks staff who created a "spray tent" for cooling purposes which potentially saved the afternoon for many attendees. Upcoming programs for this park will include Yoga in the Park; Tai Chi; and Chess Tournaments. • Toys R Us Building Demolition — July 10th; PACC Project Manager Ken Miller reported on the ongoing demolition efforts at the former Toys R Us site. He highlighted his report with various pictures and videos of the work being completed. • Economic Development Task Force — Mayor Ferrell was pleased to announce the new Economic Development Director will be hired within the next few weeks. Council also discussed the formation of this task force at the Special Meeting held earlier tonight. Street Sweeping Contract: In response to a citizen concern; Mayor Ferrell asked Public Works Director Marwan Salloum to report on the city's Street Sweeping Contact. Mr. Salloum reported the city has historically always had a contract for these services as previous cost analysis have shown the cost benefit is not more effective to bring this service in house. He stated the current level of service is Monthly for arterial and collector streets and Quarterly for residential streets (including two fall sweepings). The total cost of this service is $107,000 annually. He further noted in addition to Street Maintenance Supervisor spot checking for quality; the sweepers are required to have GPS for data collection of speed, location and time. • Meeting with Dow Constantine: Mayor Ferrell was pleased to announce he recently had the opportunity to meet with and take a city wide tour of our city with the Chair of Sound Transit and King County Executive Dow Constantine. He noted he will be meeting with Congressman Adam Smith in August. • Funland Opening — July 16th: Mayor Ferrell announced the Grand Opening of the redesigned Funland would be tomorrow July 16th. Included in the redesign is an Ability Whirl which will be the first in the nation for wheelchair users to enjoy play equipment at a city park. The Ability Whirl was made possible by the Rotary who raised $55,000 for the piece of equipment. He invited citizens to come and celebrate the upgrades at Steel Lake Park. 4. CITIZEN COMMENT Gary Grant, asked Council to pay close attention to cost for current services in regards to the Street Sweeping contact. He asked Council to relook at bringing these services in -house to get a better service. Mayor Ferrell asked Mr. Salloum to conduct a cost benefit analysis and present at the next Management Team Meeting. City Council Minutes — July 15, 2014 Regular Meeting Page 3 of 8 Tracey Hills, spoke to urge the city to have one meeting place for the National Night Out He also inquired on surplus of city shuttles /vans. Jamaal Cowan, spoke in opposition to the proposed Panther Lake 2013 NTS — SW 330th Street improvements. He asked Council to consider the inclement weather conditions and account for these conditions when adding additional traffic calming devices. Norma Blanchard, has been reviewing the RCW and the differences of the % of registered voters that are required for a citizen initiative. She stated term limits are coming up. Scott Chase, resident of West Campus 2 spoke to the Panther Lake 2013 NTS; he stated he supports Council moving forward as this is a safety hazard for neighborhood kids walking to the King County Aquatics Center. Amy Bellante, Public Health Nurse spoke to the proposed closing of two south county clinics in Federal Way and Auburn. She noted these clinics serve 5,000 clients in Federal Way alone and she urges the Council to question the closing of these facilities. Tim Burns, congratulated the city on moving forward with new projects and parks within the city. He would like to see a permanent building and restroom facilities at the Town Square Park and urged the city to look into solar panels for the PACC. Starla Wright, Public Health Nurse spoke to the proposed closing of two clinics in the south sound area. She stated these clinics support many working individuals through the WICK program and maternity support services. She urged Council to step in and lobby against these cut backs to our area. Deputy City Clerk Stephanie Courtney read the following emails into the records: Suzanne Ellebrecht, written comments in support of the Council moving forward for traffic calming measure at the 3rd Ave SW and 6th Ave SW intersections of 330th Street. Kathy Vasale, written comments in support installing the traffic calming devices the city engineers are proposing to make the 330th and 6th Ave safer. 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; all items are enacted by one motion. Individual items maybe removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: July 1, 2014 Special and Regular Meetings b. Fiscal Year 2014 COPS Grant Application c. S 304th St at 28th Ave S Intersection Improvements — 30% Design Status Report d. Grant Funding for Transportation Improvement Projects — Authorization to Submit Applications e. Pacific Highway South HOV Lanes Phase V (S 340th Street to S 359th Street) Project — 30% Design Status Report DEPUTY MAYOR BURBIDGE MOVED APPROVAL OF CONSENT AGENDA ITEMS 5.A. THROUGH 5.E. COUNCILMEMBER CELSKI SECOND. Motion carried 7 -0. City Council Minutes — July 15, 2014 Regular Meeting Page 4 of 8 Deputy Mayor Burbidge yes Councilmember Celski yes Councilmember Assefa- Dawson yes Councilmember Moore yes Councilmember Maloney yes Councilmember Duclos yes Councilmember Honda yes 6. COUNCIL BUSINESS a. Panther Lake 2013 Neiahborhood Traffic Studv — SW 330th Street (W Campus Trail to 10th Ave SW) Mayor Ferrell briefly reviewed this item which was discussed in further depth at the Special meeting this evening. He asked Senior Traffic Engineer Erik Preston and City Traffic Engineer Rick Perez to come forward to take additional questions from Council. Councilmembers asked for clarification on the volume of cars entering at these intersections; projected start date of the project, if approved; and the aesthetics plan for the roundabouts. Deputy Mayor Burbidge and Councilmember Duclos stated they would be supportive of other alternatives such as increased signage in the area. COUNCILMEMBER CELSKI MOVED APPROVED OF THE INSTALLATION OF TWO MINI - ROUNDABOUTS ON SW 330TH STREET AT THE 3RD AVENUE AND 6TH AVENUE SW INTERSECTIONS AND AUTHORIZE THE USE OF UP TO $90,000 FROM THE TRAFFIC SAFETY FUND FOR THIS PROJECT, WITH LANDSCAPING OF THE MINI - ROUNDABOUTS TO BE [MAINTAINED UNTIL ESTABLISHED] BY ADJACENT HOMEOWNERS ASSOCIATIONS; SECOND MADE BY COUNCILMEMBER ASSEFA- DAWSON. DEPUTY MAYOR BURBIDGE MOVED TO AMEND THE MOTION TO APPROVE A MINI - ROUNDABOUT AT 3RD AVE SW AND 330TH AND ADD ADDITIONAL SPEED LIMIT SIGNAGEIWARNING SIGNS AT 6TH AVENUE AND 330TH STREET; COUNCILMEMBER DUCLOS SECOND. The amendment failed 3 -4. Deputy Mayor Burbidge yes Councilmember Celski no Councilmember Assefa- Dawson no Councilmember Moore yes Councilmember Maloney no Councilmember Duclos yes Councilmember Honda no The main motion carried 6 -1. Deputy Mayor Burbidge yes Councilmember Celski yes Councilmember Assefa- Dawson yes Councilmember Moore yes Councilmember Maloney yes Councilmember Duclos no Councilmember Honda yes b. Police Guild Collective Bargaining Agreement Interim City Attorney Amy Jo Pearsall stated this agreement has been ratified by the Guild and will be retro for an effective period of January 2013 through December 31, 2015. COUNCILMEMBER HONDA MOVED APPROVAL OF THE PROPOSED COLLECTIVE BARGAINING AGREEMENT WITH THE FEDERAL WAY POLICE GUILD AND AUTHORIZE THE City Council Minutes — July 15, 2014 Regular Meeting Page 5 of 8 MAYOR TO EXECUTE THE NECESSARY DOCUMENTS; COUNCILMEMBER MOORE SECOND. The motion carried unanimously. Deputy Mayor Burbidge yes Councilmember Assefa- Dawson yes Councilmember Maloney yes Councilmember Honda yes Councilmember Celski yes Councilmember Moore yes Councilmember Duclos yes c. Council Sanctioned College University Initiative (ADDED ITEM) Councilmember Maloney reviewed the background on this item. She stated the concept is to attract and partner with colleges and universities to locate satellite campuses in the Downtown core; offering undergraduate and graduate degrees. This will in turn attract and retain businesses to our city which will mean jobs for Federal Way residents and local options for higher education opportunities. COUNCILMEMBER MALONEY MOVED TO TRANSITION THE COLLEGE INTIATIVE TO A FULLY SANCTIONED COUNCIL INITIATIVE; COUNCILMEMBER HONDA SECOND. The motion carried unanimously. Deputy Mayor Burbidge yes Councilmember Assefa- Dawson yes Councilmember Maloney yes Councilmember Honda yes 7. ORDINANCES First Reading: Councilmember Celski yes Councilmember Moore yes Councilmember Duclos yes a. CB# 653: Amendina Federal Wav Revised Code Title 13 "Buildings" to Adopt State- Mandated 2014 Electrical Code An ordinance of the City of Federal Way, Washington, relating to the adoption of the 2014 National Electrical Code and related matters, amending Title 13 `Building ", and amending FWRC Building Official Marty Gillis gave a brief presentation to Council regarding the State - Mandated 2014 Electrical Code. Deputy City Clerk Courtney read the ordinance title into the record. COUNCILMEMBER CELSKI MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE AUGUST 12, 2014 COUNCIL MEETING FOR SECOND READING AND ENACTMENT; SECOND BY COUNCILMEMBER DUCLOS. The motion carried unanimously. Deputy Mayor Burbidge yes Councilmember Assefa- Dawson yes Councilmember Maloney yes Councilmember Honda yes Second Reading: Councilmember Celski yes Councilmember Moore yes Councilmember Duclos yes b. CB# 651: Amending Federal Way Revised Code 12.45 Taxicabs /APPROVED ORDINANCE #14 -769 An ordinance of the City of Federal Way, Washington, amending Federal Way Revised Code 12.45 "Taxicabs" City Council Minutes — July 15, 2014 Regular Meeting Page 6 of 8 At their July 1, 2014 meeting the Council received a presentation on this item and forwarded the ordinance to this meeting for second reading and enactment. Deputy City Clerk Courtney read the ordinance title into the record. COUNCILMEMBER CELSKI MOVED APPROVAL OF THE PROPOSED ORDINANCE; COUNCILMEMBER MOORE SECOND. The motion carried unanimously. Deputy Mayor Burbidge yes Councilmember Assefa- Dawson yes Councilmember Maloney yes Councilmember Honda yes Councilmember Celski yes Councilmember Moore yes Councilmember Duclos yes c. CB# 652:2014 Budget Adiustment/APPROVED ORDINANCE #14 -770 An ordinance of the City of Federal Way, Washington, relating to Budgets and Finance to revise the 2013 -14 Biennial Budget At their July 1, 2014 meeting the Council received a presentation on this item and forwarded the ordinance to this meeting for second reading and enactment. Deputy City Clerk Courtney read the ordinance title into the record. COUNCILMEMBER DUCLOS MOVED APPROVAL OF THE PROPOSED ORDINANCE; COUNCILMEMBER CELSKI SECOND. The motion carried unanimously. Deputy Mayor Burbidge yes Councilmember Celski yes Councilmember Assefa- Dawson yes Councilmember Moore yes Councilmember Maloney yes Councilmember Duclos yes Councilmember Honda yes 8. COUNCIL REPORTS Councilmember Duclos reported on the recent interviews for the Economic Development Director position. She also commented on a Mr. Federal Way article in the Mirror regarding red -light tickets; she stated Council and staff is not exempt from breaking the law; and has personally paid the penalty. She extended kudos to the staff for the Town Square Park opening — it was a wonderful event. COUNCILMEMBER MOORE MOVED TO AMEND COUNCIL RULES TO ALLOW THE REGULAR MEETING TO CONITUE PAST 10:00 PM; DEPUTY MAYOR BURBIDGE SECOND. The motion carried unanimously. Deputy Mayor Burbidge yes Councilmember Assefa- Dawson yes Councilmember Maloney yes Councilmember Honda yes Councilmember Celski yes Councilmember Moore yes Councilmember Duclos yes Councilmember Moore thanked the Mayor's Office and city staff for the outstanding job of implementing the Town Square Park vision; a wonderful addition to the community. He further noted his experiences on a recent vacation to California and would like to end the homeless epidemic. Councilmember Celski noted there are so many good things happening in our city; he encouraged citizens to get involved. He noted FUSION's 21St Annual Summer Art Festival will be Wednesday, August 6th at Dumas Bay Centre and stated the next meeting of the Land Use/Transportation Committee will be August 4th at 5:30pm. City Council Minutes — July 15, 2014 Regular Meeting Page 7 of 8 Councilmember Honda encouraged citizens to attend some of the many activities at our local parks this summer such as Steel Lake's Kids Day; Summer Sounds at the Beach and the 68th Annual Kiwanis Salmon Bake. She also asked citizens to take a few minutes to complete the Comprehensive Plan Update Survey on the city webpage (Found under the News & Announcements) Councilmember Maloney thanked the Mayor and Council for supporting the College University Initiative. She also reported on 3 books she has been enjoying on bringing higher education into the community and its positive effects these campuses bring. She reported on the hard work the Rebranding Ad -Hoc Committee is accomplishing with Councilmembers Duclos and Honda earlierthis evening. Councilmember Assefa- Dawson is thankful to be involved in the city and thanked Councilmember Maloney for proposing the College Initiative. She believes this will help graduating students who may not be able to live on campus to attend school from home. She commented on a recent report on schools in the south county; and Federal Way's rank. Deputy Mayor Burbidge reported on her attendance at the South County Area Transportation Board where they had a presentation on the Washington State Freight Plan and the Washington State Department of Transportation Strategic Plan 2014 -2017. She encouraged all to attend the 3`d annual Storytelling Festival this weekend on July 18 -20th at Powellswood Garden on Dash Point Road. Federal Way Symphony is hosting the Annual Garden Tour — tickets are available at the Federal Way Symphony website. 9. ADJOURNMENT With no additional items scheduled, Mayor Ferrell adjourned the meeting at 10:12 p.m. Attest: Stephanie Courtney, CMG, Deputy City Clerk Approved by Council: City Council Minutes — July 15, 2014 Regular Meeting Page 8 of 8 CITY OF Federal Way MINUTES FEDERAL WAY CITY COUNCIL SPECIAL MEETING Council Chambers - City Hall July 29, 2014 - 5:30 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the Special Meeting to order at the hour of 5:36pm. City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Jeanne Burbidge, Councilmember Lydia Assefa- Dawson, Councilmember Kelly Maloney, Councilmember Susan Honda, Councilmember Bob Celski, Councilmember Martin Moore, and Councilmember Dini Duclos. City staff in attendance: Interim City Attorney Amy Jo Pearsall and Deputy City Clerk Stephanie Courtney. 2. PLEDGE OF ALLEGIANCE Amy Jo Pearsall led the Pledge of Allegiance. 3. ECONOMIC DEVELOPMENT TASK FORCE • Vision and Council Input Interim City Attorney Amy Jo Pearsall facilitated a discussion regarding the scope and shape of the task force. She noted this is the second of three special meeting /study sessions and reviewed the outcomes of the last Special meeting. Council identified the following for the building the Task Force: Council participation; public meetings; stakeholders; subcommittees; and the moratorium addressed. Councilmember Celski suggested the following categories: City Government/Economic Development Director; Business Community /Chamber of Commerce; Downtown Property Owners; Financial Professionals; Infrastructure- Lakehaven, School District, South King Fire and Rescue, Sound Transit; Development Experts: Urban Planners, Urban Architects or Major Contractors; and Citizens at Large Councilmember discussed the desire for Council input on this task force; and desire to find the "hidden gems" in the community who have expertise in various areas of Economic Development and to include Young Professionals input. COUNCILMEMBER DUCLOS MOVED TO APPOINT ALL SEVEN (7) COUNCILMEMBERS TO THE ECONOMIC DEVELOPMENT TASK FORCE; SECOND MADE BY COUNCILMEMBER MOORE. City Council Minutes — July 29, 2014 Special Meeting Page 1 of 3 Councilmembers discussed the indications such as scheduling and noticing requirements of placing full Council as members which would then classify the Task Force as a Special City Council meeting. COUNCILMEMBER MOORE MOVED TO AMEND THE MAIN MOTION TO APPOINT THREE COUNCILMEMBERS AS PERMANENT MEMBERS OF THE TASK FORCE; COUNCILMEMBER DUCLOS SECOND. Councilmember Maloney suggested the Council be divided up into Subcommittees in areas they are most passionate about which would then report to the Task Force allowing Council a voice on the Task Force without taking up membership positions. COUNCILMEMBER MOORE WITHDREW THE AMENDMENT; COUNCILMEMBER DUCLOS WITHDREW HER SECOND. COUNCILMEMBER MALONEY MOVED TO AMEND THE MAIN MOTION TO APPOINT COUNCILMEMBERS TO SUBCOMITTEES (TO BE DETERMINED) OF THE TASK FORCE; SECOND BY COUNCILMEMBER HONDA. City Attorney Amy Jo Pearsall gave a brief recap of the intent of the amendment. Councilmembers would attend and participate in Task Force meetings; however not actual members of the Task Force, instead they would be appointed to Subcommittees of the Task Force. She further noted the Task Force reports to the Council and if the Councilmember were members they would be reporting to themselves. Councilmember Duclos called the question. The amendment carried 4 -3 as follows: Deputy Mayor Burbidge yes Councilmember Assefa- Dawson yes Councilmember Maloney yes Councilmember Honda yes Councilmember Celski no Councilmember Moore no Councilmember Duclos no COUNCILMEMBER DUCLOS WITHDREW THE PENDING MOTION AS AMENDED; COUNCILMEMBER MOORE WITHDREW HIS SECOND. Mayor Ferrell suggested Councilmembers table this discussion to the next meeting. COUNCILMEMBER DUCOLOS MOVED TO TABLE THIS DISCUSSION TO THE NEXT MEETING; COUNCILMEMBER MOORE SECOND. The motion carried unanimously. Deputy Mayor Burbidge yes Councilmember Assefa- Dawson yes Councilmember Maloney yes Councilmember Honda yes Councilmember Celski yes Councilmember Moore yes Councilmember Duclos yes Ms. Pearsall reviewed the pending goals of the Task Force as well as elements of the Subcommittees. The list of potential sub - committees had previously been discussed are: Rebranding /Marketing /Market Study; Code Amendment/Design Guidelines; Retention; and Recruitment. City Council Minutes - July 29, 2014 Special Meeting Page 2 of 3 4. EXECUTIVE SESSION • Collective Bargaining Pursuant to RCW 42.30.140(4)(b) • Evaluate Qualifications of Employees Pursuant to RCW 42.30.110(1)(g) The Mayor, Council and Interim City Attorney adjourned to Executive Session at 6:30 p.m.to discuss Collective Bargaining pursuant to RCW 42.30.140(4)(b) and Evaluate Qualifications of Employees Pursuant to RCW 42.30.110(1)(g) for approximately thirty minutes. The Mayor, Council and Interim City Attorney adjourned from Executive Session at 6:56 p.m. 5. ADJOURNMENT The meeting was adjourned at 6:56 p.m. Attest: Stephanie D. Courtney, CIVIC Approved by Council: City Council Minutes — July 29, 2014 Special Meeting Page 3 of 3 COUNCIL MEETING DATE: /4UlG�ue,4 I'L, wC CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: VOUCHERS ITEM #: POLICY QUESTION: Should the City Council approve the vouchers in the total amount of $3,795,606.55? COMMITTEE: Finance, Economic Development, and Regional Affairs Committee CATEGORY: N Consent ❑ Ordinance MEETING DATE: July 22, 2014 ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Ade Ariwoola, Finance Director DEPT: Finance I, the undersigned, do hereby certify under penalty of perjury that the materials have been furnished, the services rendered, or the labor performed as described herein and that the claims are just and due obligations against the City of Federal Way, Washi at I am authorized to authenticate and certify said liens. � A Finance Director Attachments: Voucher List Options Considered: MAYOR'S RECOMMENDATION: MAYOR APPROVAL: r 4—f 7 / /-1k/ i —7I DIRECTOR APPROVAL: Initial CHIEF OF STAFF: .w y D,L Coy wt ee Council COMMITTEE RECOMMENDATION: I move to forward the vouchers to the August,g,"2014 consent agenda for approval. Dini Duclos Martin Moore Bob Celski Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the vouchers pursuant to RCW 42.24. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # City of Federal Way - Accounts Payable Check List Key Bank Page 1 of 52 Check No. Date Vendor Invoice Date Invoice Description AmountGL Total ACCOUNT PAYABLE -ESCOM $150.00 241090 6/30/2014 ST. JOSEPH'S PARISH, 6/16/2014 41764 $150.00 DBC- REFUND RENTAL DEPOSIT 05/3 ACCOUNTS PAYABLE - RECREAT $2,614.33 241123 6/30/2014 WICKS, SARA 5/7/2014 1469588 $60.00 PRCS- REFUND 04/14 CLASS 241035 6/30/2014 MORRIS, FRANCES 6/11/2014 1490208 $44.33 PRCS- REFUND MEMBERSHIP - MOVIN 241038 6/30/2014 NELSON, DONALD 6/11/2014 1490209 $20.00 PRCS- REFUND MINIMUM NOTACHIEV 241150 7/15/2014 BERGLAND, MEL 6/14/2014 1502383 $150.00 PRCS- REFUND RENTAL DEPOSIT 06/ 241296 7/15/2014 SUTTON, ED 6/30/2014 1502381 $95.00 PRCS- REFUND 06/21/14 CANCELLED 241321 7/15/2014 WALIA, RAVINDER 6/30/2014 1502382 $500.00 PRCS- REFUND RENTAL DEPOSIT 241330 7/15/2014 WILSON, STEVE 6/3012014 1502384 $500.00 PRCS- REFUND RENTAL DEPOSIT 241237 7/15/2014 LUND, AL 6/30/2014 1502394 $225.00 PRCS- REFUND RENTAL DEPOSIT 241221 7/15/2014 JOHNSON, MICHAEL 6/30/2014 1502633 $770.00 PRCS- REFUND SOFTBALL 44386 241322 7/15/2014 WALKER, MALISSA 7/7/2014 1506411 $250.00 PRCS- REFUND CAMP WITHDRAW ADVERTISING $193.85 241241 7/15/2014 MARKETING BY MARLOW, 6/27/2014 1275 $81.25 DBC - ADWOODS REVIEW & CONSULTIN 6144759 7/3/2014 US BANK, 6/25/2014 JUNE 2014 $87.60 FWCC- CONSTANT CONTACT MARKETIN 6144759 7/3/2014 US BANK, 6/25/2014 JUNE 2014 $25.00 FWCC- PILATES INSTRUCTOR AD AGRICULTURAL SUPPLIES $224.80 241215 7/15/2014 HOME DEPOT -DEPT 32- 250075/27/2014 JUNE 2014 $13.11 CHB -PEAT MOSS 241040 6/30/2014 NEW LUMBER & HARDWARE 16/11/2014 280134 $51.44 SWM -HOSE & NOZZLE 241190 7/15/2014 EWING IRRIGATION PRODUC - 6/12/2014 8185729 $104.13 SWM- IRRIGATION TOOL 240977 6/30/2014 FURNEY'S NURSERY INC, 6/4/2014 1 -75929 $56.12 PKM -DWARF MOUNTAIN PINE SCHRUB AIRFARE $743.96 6143793 7/1/2014 US BANK, 6/25/2014 JUNE 2014 $50.00 PD -IABTI CONF. MARTIN BAGGAGE 6144759 7/312014 US BANK, 6/25/2014 JUNE 2014 $100.00 CC -AWC CONF. MOORE, ASSEFA -DAW 6144759 7/3/2014 US BANK, 6/25/2014 JUNE 2014 $298.00 CC -AWC CONE. HONDA 6143793 7/1/2014 US BANK, 6/25/2014 JUNE 2014 $295.96 PD- SPILLMAN USER CONF. SHINES ANIMAL LICENSE $25.00 Key Bank Page 2 of 52 Check No. Date Vendor Invoice Date Invoice Description AmountGL Total 241009 6/30/2014 KUDLO, JASON 6/19/2014 JUNE 16, 2014 $25.00 PD- ONLINE PET LICENSE DUPLICAT ASPHALT & ROAD OIL $2,634.69 241234 7/15/2014 LAKESIDE INDUSTRIES INC, 6/18/2014 12039725MB $733.06 PWST- ASPHALT MIX 241031 6/30/2014 MILES RESOURCES LLC, 6/9/2014 237757 $136.36 SWM- ASPHALT MIX 241031 6/30/2014 MILES RESOURCES LLC, 6/9/2014 237788 $88.13 SWM- ASPHALT MIX 241031 6/30/2014 MILES RESOURCES LLC, 6/9/2014 237813 $265.23 SWM- ASPHALT MIX 241031 6/30/2014 MILES RESOURCES LLC, 6/9/2014 237902 $177.10 SWM- ASPHALT MIX 241031 6/30/2014 MILES RESOURCES LLC, 6/2/2014 237562 $227.82 SWM- ASPHALT MIX 241245 7115/2014 MILES RESOURCES LLC, 6/16/2014 237945 $93.95 SWM- ASPHALT MIX 241245 7/15/2014 MILES RESOURCES LLC, 6/16/2014 238018 $107.26 SWM- ASPHALT MIX 241245 7/15/2014 MILES RESOURCES LLC, 6/16/2014 238033 $273.54 SWM- ASPHALT MIX 241254 7/15/2014 NEW LUMBER & HARDWARE 16/20/2014 280345 $3.44 SWM- PROPANE TORCH LIGHTER 241245 7/15/2014 MILES RESOURCES LLC, 6/24/2014 238261 $156.31 SWM- ASPHALT MIX 241245 7/15/2014 MILES RESOURCES LLC, 6/24/2014 238296 $124.72 SWM- ASPHALT MIX 241245 7/15/2014 MILES RESOURCES LLC, 6/24/2014 238326 $124.72 SWM- ASPHALT MIX 241245 7/15/2014 MILES RESOURCES LLC, 6/30/2014 238490 $123.05 SWM- ASPHALT MIX ASSOCIATION DUES $322.90 241086 6/30/2014 SOUTH KING FIRE & RESCUE6 /5/2014 01746 $100.00 CHB- OCCUPANT LOAD PERMIT 6144759 7/3/2014 US BANK, 6/25/2014 JUNE 2014 $116.00 SWM -PE LICENSE RENEWAL F TANG 241114 6/30/2014 WA STATE LABOR & INDUSTR1 /31/2014 242074 $106.90 CHB- FACILITIES BOILER INSPECT ATHLETIC SUPPLIES $1,300.29 241226 7/15/2014 KIMMELATHLETIC SUPPLY CC5/12/2014 0445531 -IN $936.23 PRCS- SOFTBALLS 6144759 713/2014 US BANK, 6/25/2014 JUNE 2014 $274.08 FWCC - FIRSTAID SUPPLIES 241267 7/15/2014 PRAXAIR DISTRIBUTION INC, 6/20/2014 49663370 $63.62 PKM- WELDING SUPPLIES 241267 7/15/2014 PRAXAIR DISTRIBUTION INC, 6/20/2014 49671952 $26.36 PKM - WELDING SUPPLIES BOOKS, MAPS, & PERIODICALS $218.02 241242 7/15/2014 MATTHEW BENDER & COMPA6/26/2014 60918349 $218.02 LAW- EMPLOYMENT RLS # 16 BUILDING MATERIALS $2,498.38 Key Bank Page 3 of 52 Check No. Date Vendor Invoice Date Invoice Description AmountGL Total 241254 7/15/2014 NEW LUMBER & HARDWARE (6/6/2014 280026 $181.32 PARKS - PICNIC TABLE PAD SUPPLIE 241197 7/15/2014 FLOYD EQUIPMENT COMPAN'5 /29/2014 86429 $17.45 PARKS- FLATBAR 241197 7/15/2014 FLOYD EQUIPMENT COMPAN'6/27/2014 86863 $83.14 PARKS -TUBE STEEL & FLATBARS 241215 7/15/2014 HOME DEPOT -DEPT 32- 250075/27/2014 JUNE 2014 - $202.47 PARKS - EXTERIOR STAIN 241172 7/15/2014 CONSOLIDATED ELECTRICAL2 /12/2014 0220 - 575770 $1,998.07 PKM- BALLAST KITS 241172 7/15/2014 CONSOLIDATED ELECTRICAL5/2/2014 0220- 046873 $- 1,186.48 PKM- RETURN BALLAST KITS 241215 7/15/2014 HOME DEPOT -DEPT 32- 250075/27/2014 JUNE 2014 $155.82 PKM- DECKING, SCREWS, TRIM HEAD 241215 7/15/2014 HOME DEPOT -DEPT 32- 250075/27/2014 JUNE 2014 $39.32 CHB -PEAT MOSS 241215 7/15/2014 HOME DEPOT -DEPT 32- 250075/27/2014 JUNE 2014 $39.88 CHB -10 YEAR ION SMOKE PAINT 241215 7/15/2014 HOME DEPOT -DEPT 32- 250075/27/2014 JUNE 2014 $77.55 CHB - CHANNELLOCK PLIERS, KWIK S 240982 6/30/2014 GRAINGER INC, 6/5/2014 9459027661 $75.70 FWCC - PRESSURE REGULATOR 240982 6/30/2014 GRAINGER INC, 6/11/2014 9463631060 $152.19 FWCC - DEADBOLT LOCK 240982 6/30/2014 GRAINGER INC, 6/11/2014 9463638016 $- 141.49 FWCC- RETURN HALIDE LAMP 241022 6/30/2014 LOWE'S HIW INC, 6/12/2014 09472 $43.67 FWCC -FLOOR MOULDING 241105 6/30/2014 US WATER SERVICES, INC, 5/22/2014 INV143291 $552.58 FWCC -6 GALLON JERRY CAN (WATER 241103 6/30/2014 UNITED PARCEL SERVICE, 5/31/2014 OOOOF80F48224 $7.20 FWCC -UPS DELIVERY SVC 6144759 7/3/2014 US BANK, 6/2512014 JUNE 2014 $199.99 FWCC -SOUND ENCLOSURE - CAFE CASH - RETAIN PAYABLE -ESCRW $13,157.24 240948 6/30/2014 COLUMBIA STATE BANK, 5/7/2014 AG13 -102 #10 $1,027.88 PWST -21ST @ 336TH IMPROVEMENT 240948 6/30/2014 COLUMBIA STATE BANK, 6/23/2014 AG13 -102 #11 $12,129.36 PWST -21ST @ 336TH IMPROVEMENT CELLULAR PHONE AIR TIME $10,147.43 241109 6/30/2014 VERIZON WIRELESS, 6/13/2014 9726924472 $2,280.00 IT -06/14 DATA SVC 241109 6/30/2014 VERIZON WIRELESS, 6/13/2014 9726924473 $3,046.77 IT -06/14 CELLULAR AIRTIME 241109 6/30/2014 VERIZON WIRELESS, 6/13/2014 9726924472 $1,520.00 IT -06/14 DATA SVC 241109 6/30/2014 VERIZON WIRELESS, 6/13/2014 9726924473 $3,300.66 IT -06/14 CELLULAR AIRTIME CEMENT $361.36 241174 7/15/2014 CORLISS RESOURCES INC, 6/18/2014 422018 $361.36 SWM- CONCRETE SUPPLIES CHANGE FUND - PARKS /RECREATION $1,100.00 Key Bank Page 4 of 52 Check No. Date Vendor Invoice Date Invoice Description AmountGLTotal 241057 6/30/2014 PETTY CASH - RWBF CHANG16 /23/2014 JULY 4, 2014 $1,000.00 PRCS -RW &B CHANGE FUND 241056 6/30/2014 PETTY CASH - MILES 4 MES06/23/2014 JULY 4, 2014 $100.00 FWCC -RW &B MILES FOR MESO CHANG CLOTHING AND FOOTWEAR $9,910.26 240916 6/30/2014 ARBUTHNOT, STEVEN 6/17/2014 ARBUTHNOT 2014 $278.53 PD- CLOTHING ALLOW. ARBUTHNOT 241041 6/30/2014 NORTHWEST EMBROIDERY IP6/4/2014 85541 $72.20 PD -DT INSTRUCTOR SHIRT EMBROID 241041 6/30/2014 NORTHWEST EMBROIDERY IP6/5/2014 85542 $98.46 PD -DT INSTRUCTOR SHIRT EMBROID 240934 6/30/2014 BRATWEAR, 6/9/2014 11800 $42.53 PD -CMDR COLLARBRASS C JONES 240934 6/30/2014 BRATWEAR, 6/9/2014 11827 $205.13 PD- ANIMAL SVCS BADGES 240941 6/30/2014 CHIEF SUPPLY CORPORATI016 /9/2014 466999 $192.41 PD -RANGE SAFETY OFFICER SHIRTS 241093 6/30/2014 SYMBOLARTS LLC, 6/10/2014 0214379 -IN $165.00 PD- BADGES 240923 6/30/2014 BAKER, SIERRA D 6/12/2014 BAKER 2014 $111.77 PD -BOOT ALLOW. S BAKER 240933 6/30/2014 BLUMENTHAL UNIFORM CO IP6/18/2014 72177 $109.49 PD- BOOTALLOW J BENJERT 240933 6/30/2014 BLUMENTHAL UNIFORM CO IP6/18/2014 74386 $65.70 PD- INSIGNIAS K SUMPTER 241041 6/30/2014 NORTHWEST EMBROIDERY IP2/18/2014 84030 $137.84 PD -EVOC INSTRUCTOR EMBLEMS 240915 6/30/2014 ARAMSCO, INC, 5/21/2014 S2109227.001 $2,604.84 PD -GAS MASKS 241160 7/15/2014 CHIEF SUPPLY CORPORATIO16 /17/2014 472135 $52.15 PD- TACLITE PRO PANTS 241235 7/15/2014 LEED, 6/21/2014 06211403 $30.61 PD -MAG. POUCH RIGGLES 241151 7/15/2014 BLUMENTHAL UNIFORM CO IP6/23/2014 72168 -80 $ -10.90 PD- RETURN MOTORCYCLE WINGS 6143793 7/1/2014 US BANK, 6/25/2014 JUNE 2014 $169.75 PD -BITE SUIT HELMET 6143793 7/1/2014 US BANK, 6/25/2014 JUNE 2014 $262.80 PD -BOOT ALLOW MUNDELL & HURST 6143793 7/1/2014 US BANK, 6/25/2014 JUNE 2014 $137.55 PD- BOOTALLOW SWANSON 241153 7/15/2014 BRATWEAR, 7/1/2014 12077 $658.59 PD -BIKE GEAR ANTHOLT 241151 7/15/2014 BLUMENTHAL UNIFORM CO IP7/2/2014 72039 $250.65 PD- UNIFORM PANTS & SHIRT PRINC 241151 7/15/2014 BLUMENTHAL UNIFORM CO 11`7/2/2014 76178 $267.07 PD -BDU PANTS & SHIRT C JONES 241151 7/15/2014 BLUMENTHAL UNIFORM CO IP7/2/2014 76666 $8.21 PD- INSIGNIA LISLE 6144759 7/3/2014 US BANK, 6/25/2014 JUNE 2014 $58.02 FWCC -STAFF SHIRTS, PROG. SUPPL Key Bank Page 5 of 52 Check No. Date Vendor Invoice Date Invoice Description AmountGL Total 241325 7/15/2014 WEST COAST AWARDS, 6/27/2014 52534 $173.83 PRCS -STAFF & PROGRAM CLOTHING 240934 6/30/2014 BRATWEAR, 6/3/2014 11772 $133.47 PD- FLEECE JACKET N PETERSON 240934 6/30/2014 BRATWEAR, 6/9/2014 11801 $42.12 PD- REMOVE /REPLC BADGE 241016 6/30/2014 LEED, 5/29/2014 05291401 $70.03 PD -SWAT EQUIPMENT 241160 7/15/2014 CHIEF SUPPLY CORPORATIOI5 /21/2014 030198 $ -37.66 PD- RETURN TACLITE PRO PANTS 241153 7/15/2014 BRATWEAR, 6/20/2014 11929 $186.25 PD -ALTER UNIFORMS PRINCE & CLA 241151 7/15/2014 BLUMENTHAL UNIFORM CO It6/25/2014 72832 $2,539.96 PD- PATROL RAIN JACKETS 241325 7/15/2014 WEST COAST AWARDS, 6/24/2014 52522 $833.86 PRCS -RW &B POLO SHIRTS STAFF & COMMUNICATIONS $2,714.28 241142 7/1512014 AMERICALL COMMUNICATIONS /11/2014 2D6417 -0614 $88.35 PW /SWM /CHB -AFTER HR CALL -OUT A 240939 6/30/2014 CENTURYLINK, 6/4/2014 206 -Z04 -0609 472B $118.13 IT -06/14 PHONE /DATA SVC 241142 7/15/2014 AMERICALLCOMMUNICATION3 /11/2014 2D6417 -0614 $85.75 PW /SWM /CHB -AFTER HR CALL -OUTA 241106 6/30/2014 USA MOBILITY WIRELESS, 6/2/2014 X6163838F $6.14 IT -06/14 PAGER LEASE 240939 6/30/2014 CENTURYLINK, 6/4/2014 206- Z04- 0609472B $1,181.32 IT -06114 PHONE /DATA SVC 241127 6/30/2014 WIMACTEL, INC., 6/1/2014 000696811 $80.00 IT -06/14 PAYPHONE SVCS 241142 7/15/2014 AMERICALL COMM UNICATIONi /11/2014 2D6417 -0614 $85.75 PW /SWM /CHB -AFTER HR CALL -OUT A 241106 6/30/2014 USA MOBILITY WIRELESS, 6/2/2014 X6163838F $5.66 IT -06/14 PAGER LEASE 240939 6/30/2014 CENTURYLINK, 6/4/2014 206 -Z04 -0609 472B $1,063.18 IT -06/14 PHONE /DATA SVC COMPUTER HARDWARE /EQUIPMENT $21,937.26 240987 6/30/2014 HEWLETT - PACKARD COMPAW /9/2014 54426667 $21,937.26 IT -RR HP ELITEDESK 800 G1 SFF, CONCEAL PISTOL LIC- NEW -CITY $36.00 241013 6/30/2014 LARRY, GLORIA 6/12/2014 03 -80260 REFUND $18.00 PD- REFUND CPL FEE 241223 7/15/2014 KEPHART, SHAWN 7/2/2014 03 -80496 REFUND $18.00 PD -03 -80496 F281137 KEPHART RE CONCEALED PISTOL LIC - FBI $1,089.00 241115 6/30/2014 WA STATE PATROL, 6/2/2014 114008932 $1,056.00 PD -REMIT CPL FEES COLLECTED 241013 6/30/2014 LARRY, GLORIA J 6/12/2014 03 -80260 REFUND $16.50 PD- REFUND CPL FEE 241223 7/1512014 KEPHART, SHAWN 7/2/2014 03 -80496 REFUND $16.50 PD -03 -80496 F281137 KEPHART RE CONCEALED PISTOL LIC - STATE $36.00 Key Bank Page 6 of 52 Check No. Date Vendor Invoice Date Invoice Description AmountGL Total 241013 6/30/2014 LARRY, GLORIA 6/12/2014 03 -80260 REFUND $18.00 PD- REFUND CPL FEE 241223 7/15/2014 KEPHART, SHAWN 7/212014 03 -80496 REFUND $18.00 PD -03 -80496 F281137 KEPHART RE CONFERENCE /SEMINAR REGISTRATH $1,149.00 6144759 7/3/2014 US BANK, 6125/2014 JUNE 2014 $247.00 FWCC- FITBIZ CONF. K SHELTON 6144759 7/3/2014 US BANK, 6/25/2014 JUNE 2014 $49.00 FWCC- CONSTANT CONTACT WEBINAR 241113 6/30/2014 WA STATE CRIMINAL J USTI C E6/16/2014 20113733 $200.00 PD -PRE SUPERVISOR TRNG SCHULZ 6143793 7/1/2014 US BANK, 6/25/2014 JUNE 2014 $139.00 PD- ARRESTING COMMUNICATION TRN 6143793 7/1/2014 US BANK, 6/25/2014 JUNE 2014 $139.00 PD- ARRESTING COMMUNICATION TRN 241312 7/15/2014 WA STATE CRIMINAL JUSTICE6 /26/2014 20113804 $50.00 PD -CSI PHOTOGRAPHY TRNG POTTS 240945 6/30/2014 CITY OF RENTON, 6/17/2014 36734 $50.00 PD- MOTORCYCLE SCHL SCHWAN, MAR 241163 7/15/2014 CITY OF LYNNWOOD, 7/1/2014 LPDAMT0002 $275.00 PD- ADVANCED MOTOR OPERATOR TRN CONSTRUCTION PROJECTS $635,238.97 241077 6/30/2014 SCI INFRASTRUCTURE LLC, 5/7/2014 AG13 -102 #10 $20,557.64 PWST -21ST @ 336TH IMPROVEMENT 241077 6/30/2014 SCI INFRASTRUCTURE LLC, 517/2014 AG13 -102 #10 $- 1,027.88 PWST -21ST @ 336TH IMPROVEMENT 240948 6/30/2014 COLUMBIA STATE BANK, 5/712014 AG13 -102 #10 $1,027.88 PWST -21ST @ 336TH IMPROVEMENT 241077 6/30/2014 SCI INFRASTRUCTURE LLC, 6/23/2014 AG13 -102 #11 $242,587.11 PWST -21ST @ 336TH IMPROVEMENT 241077 6/30/2014 SCI INFRASTRUCTURE LLC, 6/23/2014 AG13 -102 #11 $- 12,129.36 PWST -21ST @ 336TH IMPROVEMENT 240948 6/30/2014 COLUMBIA STATE BANK, 6/23/2014 AG13- 102 #11 $12,129.36 PWST -21ST @ 336TH IMPROVEMENT 241000 6/30/2014 KING COUNTY FINANCE DIVIc4/30/2014 440934 -40948 $305.66 PWTR -04/14 DISC INVOICE FYA 241169 7/15/2014 COMMUNITY ATTRIBUTES, IN(3/31/2014 1068 $4,792.50 CDED -PACC LAND REDEVELOP. ANAL 241169 7/15/2014 COMMUNITY ATTRIBUTES, IN(4/30/2014 1093 $2,607.50 CDED -PACC LAND REDEVELOP. ANAL 241309 7/15/2014 TUCCI & SONS INC, 7/3/2014 AG 13-142 #8 $141,389.21 PWST-LAKOTA SAFE ROUTE AGI3 -14 241000 6/30/2014 KING COUNTY FINANCE DIVI£4/30/2014 42486 -42497 $718.65 PWTR -05/14 DISC INV. CSFYA 241000 6/30/2014 KING COUNTY FINANCE DIVI£4 /30/2014 440934 -40948 $3,060.29 PWTR -04/14 DISC INVOICE CSFYA 241306 7/15/2014 TITAN EARTHWORK LLC, 7/9/2014 AG13 -100 #8 $63,581.83 PWST -320TH @ 20TH AVE INTERSEC 240943 6/30/2014 CITY OF FEDERAL WAY, 6/11/2014 AG 14 -093 #E1315 $5,443.00 PARKS -TOWN SQUARE CONSTRUCTION 240985 6/30/2014 HENDERSON PARTNERS LLC,6/11/2014 E1315 $119,201.70 PARKS -TOWN SQUARE CONSTRUCTION Key Bank Page 7 of 52 Check No. Date Vendor Invoice Date Invoice Description AmountGL Total 240985 6/30/2014 HENDERSON PARTNERS LLC.6/11/2014 E1315 $- 5,443.00 PARKS -TOWN SQUARE CONSTRUCTION 241017 6/30/2014 LEGACY2012 LLC, 4/25/2014 6251 $11,680,36 CDED -CITY CNTR PARK DESIGN SVC 241021 6130/2014 LLOYD ENTERPRISES INC, 5/2/2014 178889 $19,034.39 PARKS -TOWN SQUARE CONCRETE DEM 241215 7/15/2014 HOME DEPOT -DEPT 32- 250076/27/2014 JUNE 2014 $218.67 PARKS-BYPASS LOPPERS 241095 6/30/2014 TACOMA SCREW PRODUCTS 6/412014 30532703 $26.71 PARKS -BOLT ANCHORS 240951 6/30/2014 COUNTRY GREEN TURF FARI5/16/2014 289883 $2,802.09 PARKS -TURF FOR FUNLAND 240951 6/30/2014 COUNTRY GREEN TURF FARR5/2212014 290277 $538.64 PARKS -TURF FOR FUNLAND 240951 6/30/2014 COUNTRY GREEN TURF FARA5/22/2014 45151 $- 150.00 PARKS - CREDIT FOR TURF AT FUNLA 241203 7/15/2014 GLOBAL CONTRACTORS LLC,6/13/2014 1300 $1,916.25 PARKS -FIX UP PARK WALL 241238 7/15/2014 LUTZ TILE, INC, 6/25/2014 R11620 $369.77 PARKS- FUNLAND MOSAIC TILE CONSULTING CONTRACTS 240949 6/30/2014 COMMERCIAL SPACEONLINE6 /1/2014 82248 $100.00 CD -06/14 PROPERTY DATABASE SVC 241303 7/15/2014 TETRA TECH, INC, 6120/2014 50808308 $1,728.51 PWST -28TH AVE S. ENG. SVC. AG 240961 6/30/2014 EFELLE MEDIA, 5124/2014 17967 $135.00 CDED - TOURISM WEBSITE SVC AG13- 240961 6/30/2014 EFELLE MEDIA, 6/24/2014 18163 $135.00 CDED- TOURISM WEBSITE SVC AG13- 241273 7/15/2014 PSI- PROFESSIONAL SV INDU,5/31/2014 00295034 $7,180.00 PWST -S 320TH PRESERVATION AG14 240971 6/30/2014 FEHR & PEERS, 517/2014 93256 $6,221.87 PWTR -TDF FORECAST MODELAG14 -0 COPIER & PRINTER SUPPLIES 241293 7/1512014 STAPLES BUSINESSADVANT/6 /30/2014 8030415854 $181.77 HR -06/14 PAPER SUPPLY 241293 7/15/2014 STAPLES BUSINESSADVANT/6 /30/2014 8030415853 $408.99 JUNE 2014 OFFICE SUPPLIES 241293 7/15/2014 STAPLES BUSINESSADVANT/6 /30/2014 8030415854 $45.44 HR -06/14 PAPER SUPPLY 241293 7/15/2014 STAPLES BUSINESSADVANT/6 /30/2014 8030415853 $45.44 JUNE 2014 OFFICE SUPPLIES 241293 7/15/2014 STAPLES BUSINESSADVANTf6 /30/2014 8030415854 $363.55 HR -06/14 PAPER SUPPLY COURT -AUTO THEFT PREVENTION 241318 7/15/2014 WA STATE -STATE R EVEN UES,7 /2/2014 JUNE 2014 $6,756.73 FI- 06 /14AUTO THEFT PREVENTION COURT - CRIME VICTIMS 241271 7/15/2014 PROSECUTING ATTORNEYS C7 /2/2014 JUNE 2014 $1,440.41 06/14 REMIT CRIME VICTIMS FEES COURT - DEATHINV ACCT $15,500.38 $1,045.19 $6,756.73 $1,440.41 $138.42 Key Bank Page 8 of 52 Check No. Date Vendor Invoice Date Invoice Description AmountGL Total 241318 7/15/2014 WA STATE -STATE R EVEN UES,7/2/2014 JUNE 2014 $138.42 FI -06/14 DEATH INVESTIGATIONS COURT - HWY SAFETY ACT $219.63 241318 7/15/2014 WA STATE -STATE R EVEN UES,7 /2/2014 JUNE 2014 $219.63 FI -06/14 HIGHWAY SAFETY COURT - PSEA JIS $16,543.79 241318 7/15/2014 WA STATE -STATE REVENUES,? /2/2014 JUNE 2014 $16,543.79 FI -06/14 PSEAJIS FEES COURT - SCHOOL SAFETY ZONE $162.35 241318 7/15/2014 WA STATE -STATE REVENUES,? /2/2014 JUNE 2014 $162.35 FI -06/14 SCHOOL ZONE SAFETY COURT - STATE ACCESS COMM ACCT $68.76 241318 7/15/2014 WA STATE -STATE R EVEN UES,7 /2/2014 JUNE 2014 $68.76 FI- 06 /14- ACCESSCOMM ACT COURT - STATE MULTI TRANS ACCT $68.79 241318 7/15/2014 WA STATE -STATE REVENUES,7 /2/2014 JUNE 2014 $68.79 FI -06/14 MULTI TRANS.ACCT COURT - STATE PORTION $41,603.77 241318 7115/2014 WASTATE -STATE REVENUES,7 /2/2014 JUNE 2014 $41,603.77 FI -06/14 STATE PORTION REMIT F COURT - STATE PSEA 2 $20,310.94 241318 7/15/2014 WA STATE -STATE R EVEN UES,7 /2/2014 JUNE 2014 $20,310.94 FI -06/14 PSEA COURT FEES #2 COURT - STATE PSEA3 $619.65 241318 7/15/2014 WA STATE -STATE REVENUES,7 /2/2014 JUNE 2014 $619.65 FI -06114 PSEA COURT FEES #3 COURT - TRAUMA BRAIN INJURY $1,270.03 241318 7/1512014 WA STATE -STATE R EVEN UES,7 /2/2014 JUNE 2014 $1,270.03 FI -06/14 BRAIN TRAUMA INJ. COURT -WSP HIWAY ACCT $784.92 241318 7/15/2014 WA STATE -STATE REVENUES,7 /2/2014 JUNE 2014 $784.92 FI -06/14 WSP HIGHWAY COURT - TRAUMA VICTIMS $3,560.17 241318 7/15/2014 WASTATE -STATE REVENUES,? /2/2014 JUNE 2014 $3,550.17 FI -06/14 TRAUMA VICTIMS CPL LAMINATION $10.00 241013 6/30/2014 LARRY, GLORIA J 6/12/2014 03 -80260 REFUND $5.00 PD- REFUND CPL FEE 241223 7/15/2014 KEPHART, SHAWN 7/2/2014 03 -80496 REFUND $5.00 PD -03 -80496 F281137 KEPHART RE CUSTODIAL & CLEANING $10,338.53 240937 6/30/2014 CEDAR BUILDING SERVICE IN5/31/2014 42813 $255.00 PKM -05/14 JANITORIAL DBC BASEM 241297 7/15/2014 SYNERGY BUILDING SERVICE7/1/2014 4388 $3,600.00 PARKS -06/14 JANITORIAL SVC AG1 240912 6/30/2014 ARAMARK UNIFORM SERVICE6 /3/2014 1987451970 $105.01 DBC -LINEN SERVICE 240912 6/30/2014 ARAMARK UNIFORM SERVICE6 /10/2014 1987463312 $102.11 DBC -LINEN SERVICE 240912 6/30/2014 ARAMARK UNIFORM SERVICE6 /17 /2014 1987474751 $102.11 DBC -LINEN SERVICE Key Bank Page 9 of 52 Check No. Date Vendor Invoice Date Invoice Description AmountGL Total 240937 6/30/2014 CEDAR BUILDING SERVICE IN5/31/2014 42775 $4,171.80 DBC -05/14 JANITORIAL SVC AG13- 241147 7/15/2014 ARAMARK UNIFORM SERVICE6 /24/2014 1987486172 $15.11 DBC -LINEN SERVICE 241147 7115/2014 ARAMARK UNIFORM SERVICE7/1/2014 1987497551 $15.11 DBC -LINEN SERVICE 241067 6/30/2014 REGENCY CLEANERS, 5/31/2014 2666 $1,109.43 PD -DRY CLEANING SVC AG14 -024- 240914 6/30/2014 ARAMARK UNIFORM SERVICE6 /3/2014 1987451971 $29.61 DBC -LINEN SERVICE 240914 6/30/2014 ARAMARK UNIFORM SERVICE6 /10/2014 1987463313 $29.61 DBC -LINEN SERVICE 240914 6/30/2014 ARAMARK UNIFORM SERVICE6 117 /2014 1987474752 $31.03 DBC -LINEN SERVICE 241146 7/15/2014 ARAMARK UNIFORM SERVICE6 /24/2014 1987486173 $92.58 DBC -LINEN SERVICE 241146 7/15/2014 ARAMARK UNIFORM SERVICE7 /1/2014 1987497552 $154.46 DBC -LINEN SERVICE 240913 6/30/2014 ARAMARK UNIFORM SERVICE6 /9/2014 1987459777 $25.08 FWCC -FLOOR MATS SVC 240913 6/30/2014 ARAMARK UNIFORM SERVICE6 /9/2014 1987459778 $50.48 FWCC -FLOOR MATS SVC 241297 7/15/2014 SYNERGY BUILDING SERVICE7/1/2014 4388 $450.00 PARKS -06/14 JANITORIAL SVC AG1 DEPOSIT /BONDS PAYABLE -PW $5,290.50 241065 6/30/2014 QUADRANT CORPORATION, 6/4/2014 04- 02956/54 REFUND $5,000.00 PW -04- 02956/54 REFUND WYNSTONE 241089 6/30/2014 ST LUKE'S LUTHERAN CHURC6/12/2014 05 -03915 REFUND $290.50 PW -05 -03915 REFUND 10- 102367 -C ELECTRICITY $108,518.36 241130 7/11/2014 PUGET SOUND ENERGY INC, 6/23/2014 PARKS 2014 05 -06/14 $40.05 PKF- 05/14 -06/14 31104 28TH AVE 241130 7/11/2014 PUGET SOUND ENERGY INC, 6/23/2014 PARKS 2014 05 -06114 $752.15 PKM- 05/14 -06/14 31132 28TH AVE 241130 7/11/2014 PUGET SOUND ENERGY INC, 6/23/2014 PARKS 2014 05 -06/14 $2,111.68 DBC /KFT- 05/14 -06/14 3200 SW DA 241130 7/11/2014 PUGET SOUND ENERGY INC, 6/23/2014 PARKS 2014 05 -06/14 $1,040.08 DBC /KFT- 05/14 -06/14 3200 SW DA 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/20/2014 300000001234 $51.40 SWM -05/14 34016 9TH AVE FLOOD 241130 7/11/2014 PUGET SOUND ENERGY INC, 6/23/2014 PARKS 2014 05 -06/14 $4,262.94 PKF- 05/14 -06/14 SAC PARK RR FI 241130 7/11/2014 PUGET SOUND ENERGY INC, 612312014 PARKS 2014 05 -06/14 $39.36 PKF- 05/14 -06/14 1STAVE & CAMP 241130 7/11/2014 PUGET SOUND ENERGY INC, 6/23/2014 PARKS 2014 05 -06/14 $442.28 PKM- 05/14 -06/14 2410 S 312TH B 241130 7/11/2014 PUGET SOUND ENERGY INC, 6/23/2014 PARKS 2014 05 -06/14 $31.10 PKM- 05/14 -06/14 2410 S 312TH S 241130 7/11/2014 PUGET SOUND ENERGY INC, 6/23/2014 PARKS 2014 05 -06/14 $253.25 PKM- 05/14 -06/14 2410 S 312TH W 241130 7/11/2014 PUGET SOUND ENERGY INC, 6/23/2014 PARKS 2014 05 -06/14 $2,600.95 PKF- 05/14 -06/14 2645 S 312TH Key Bank Page 10 of 52 Check No. Date Vendor Invoice Date Invoice Description AmountGL Total 241130 7/11/2014 PUGET SOUND ENERGY INC, 6/23/2014 PARKS 2014 05 -06/14 $24.95 PKF- 05/14 -06/14 2645 S 312TH S 241130 7/11/2014 PUGET SOUND ENERGY INC, 6/23/2014 PARKS 2014 05 -06/14 $23.66 PKF- 05/14 -06/14 28156 1/2 24TH 241130 7/11/2014 PUGET SOUND ENERGY INC, 6/23/2014 PARKS 2014 05 -06/14 $7,606.27 PKF- 05/14 -06/14 33914 19TH AVE 241130 7/11/2014 PUGET SOUND ENERGY INC, 6/23/2014 PARKS 2014 05 -06/14 $27.25 PKF- 05/14 -06/14 34915 4TH AVE 241130 7/11/2014 PUGET SOUND ENERGY INC, 6/23/2014 PARKS 2014 05 -06/14 $67.18 PKF- 05/14 -06/14 7TH AVE HISTOR 241130 7/11/2014 PUGET SOUND ENERGY INC, 6/23/2014 PARKS 2014 05 -06114 $18.13 PKF- 05/14 -06/14 7TH AVE HISTOR 241130 7111/2014 PUGET SOUND ENERGY INC, 6/23/2014 PARKS 2014 05 -06114 $351.38 PKF- 05/14 -06/14 21ST AVE LAKOT 241130 7/11/2014 PUGET SOUND ENERGY INC, 6/23/2014 PARKS 2014 05 -06/14 $52.02 PKF- 05/14 -06/14 2410 S 312TH S 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/17/2014 220003675349 $118.84 PARKS- 05/14 -06/14 726 S 356TH 241130 7/11/2014 PUGET SOUND ENERGY INC, 6/23/2014 PARKS 2014 05 -06/14 $124.48 PARKS -06/14 BROOKLAKE ELECTAO 241130 7/11/2014 PUGET SOUND ENERGY INC, 6/23/2014 PARKS 2014 05 -06/14 $160.63 PARKS -06114 BROOKLAKE ELECT RO 241130 711112014 PUGET SOUND ENERGY INC, 6/23/2014 PARKS 2014 05 -06/14 $13,927.09 FWCC- 05/14 -06/14 876 S 333RD Z 241130 7/11/2014 PUGET SOUND ENERGY INC, 6/23/2014 PARKS 2014 05 -06/14 $185.25 FWCC- 05/14 -06/14 876 S 333RD S 241130 7/11/2014 PUGET SOUND ENERGY INC, 6123/2014 PARKS 2014 05 -06/14 $20,288.95 CH B-05/14-06/14 33325 8TH AVE 241130 7/11/2014 PUGET SOUND ENERGY INC, 6/23/2014 PARKS 2014 05 -06/14 $1,144.05 PKF- 05/14 -06/14 600 S 333RD EV 241130 7/11/2014 PUGET SOUND ENERGY INC, 6/23/2014 PARKS 2014 05 -06/14 $5,797.81 PKCP- 05/14 -06/14 S 324TH BLDG 241130 7/11/2014 PUGET SOUND ENERGY INC, 6/23/2014 PARKS 2014 05 -06/14 $3,161.95 PKCP- 05/14 -06/14 S 324TH BLDG 241061 6/30/2014 PUGET SOUND ENERGY INC, 6/12/2014 420000097188 $862.63 PWTR -NEW STREET LIGHT S 344TH 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $69.34 PWTR -05/14 21STAVE SW & DASH 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $44.29 PWTR -05/14 35106 21 STAVE SW- 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $90.72 PWTR -05/14 34800 21ST AVE SW- 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $193.53 PWTR -05/14 23RD AVE & 320TH ST 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $147.65 PWTR -05/14 NE CRNR S 312TH & 2 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $11.16 PWTR -05/14 32562 SW HOYD RD FL 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $107.27 PWTR -05/14 33325 8TH AVE S- 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $319.00 PWTR -05/14 1453 S 308TH STREET Key Bank Page 11 of 52 Check No. Date Vendor Invoice Date Invoice Description AmountGL Total 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $141.62 PWTR -05/14 1405 S 312TH STREET 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $62.36 PWTR -05/14 34018 PAC HWY S- 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $77.17 PWTR -05/14 34921 16TH AVE S - 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $33.58 PWTR -05/14 HWY 509 & 21 ST AVE- 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $175.98 PWTR -05/14 824 SW 361ST ST- 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $35.34 PWTR -05/14 31020 14TH AVE $- 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $11.08 PWTR -05/14 SW 329TH WAY & HOYT 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $242.72 PWTR -05/14 SW CRNR 312TH & PAC 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $113.37 PWTR -05/14 34010 20TH AVENUE- 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $39.64 PWTR -05/14 491 S 338TH STREET - 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $34.70 PV VTR-05114 2510 S 336TH STREET 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $150.18 PWTR -05/14 SW 340TH ST & HOYT 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 300000007322 $11.09 PWTR -05/14 ELECTRICITY /GAS 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 420000100065 $10,225.28 PWTR -S 361ST PLACE @ 1ST ST. L 241274 7/15/2014 PUGET SOUND ENERGY INC, 612/2014 PWTR 2014 05 $143.42 PWTR -05/14 199 SW 311TH PLACE - 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $269.23 PWTR -05/14 S320 & 32ND AVE S- 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $469.53 PWTR -05/14 S288TH ST & PAC HWY 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/9/2014 300000009526 $18,039.07 PWTR -05/14 NON - METERED ELECT 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $20.87 PWTR -05/14 32932 7TH CT. SW- 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $171.44 PWTR -05/14 S282ND ST & MILITAR 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/212014 PWTR 2014 05 $26.80 PWTR -05/14 2140 SW 356TH - 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $107.01 PWTR -05/14 32400 SR 99 NE CRNR 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $207.98 PWTR -05/14 727 S 312TH STREET - 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $129.80 PWTR -05/14 21 AVE SW & 334TH - 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $103.17 PWTR -05/14 3460 SR 99 SW CRNR- 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $238.80 PWTR -05/14 23 AVE S & 317TH Key Bank Page 12 of 52 Check No. Date Vendor Invoice Date Invoice Description AmountGL Total 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $16.03 PWTR -05/14 1ST WAY S & 334TH S 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $242.25 PWTR -05/14 31847 PAC HWY S- 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $57.67 PWTR-05/14 8TH AVE S & DASH PT 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $206.61 PWTR -05/14 35202 ENCHANTED PKW 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $134.87 PWTR -05/14 PAC HWY S & S 330TH 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $44.14 PWTR -05/14 31910 GATEWAY CNTR 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $273.00 PWTR -05/14 31200 SR 99 SE CRNR 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $292.84 PWTR -05/14 35505 PAC HWY S- 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $30.66 PWTR -05/14 3420 SW 343RD ST - 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $165.55 PWTR -05/14 S 336TH @ WEYERHAEU 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $209.55 PWTR -05/14 S 320TH ST & 23RD A 241274 7115/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $166.88 PWTR -05/14 36201 MILTON ROAD - 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $550.66 PWTR -05/14 S 336TH & PAC HWY- 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $85.49 PWTR -05/14 CRNR S 316 & 23RD A 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $209.26 PWTR -05/14 SW 324TH & 11TH PL 241274 7115/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $93.35 PWTR -05/14 36111 16TH AVE S- 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $107.82 PWTR -05/14 21 STAVE S GRID ROA 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $158.68 PWTR -05/14 35007 16TH AVE S- 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $186.63 PWTR -05/14 314TH & 20TH AVE - 241274 7/15/2014 PUGET SOUND ENERGY INC, 612/2014 PWTR 2014 05 $11.16 PWTR -05/14 35909 1STAVE SW FL 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $45.22 PWTR -05/14 STAR LK RD & MILITA 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $155.22 PWTR -05/14 S 348TH & PAC HWY- 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $146.32 PWTR -05/14 1000 SW CAMPUS DRIV 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $66.34 PWTR -05/14 CAMPUS DR & 6TH AVE 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $33.75 PWTR -05/14 VARIOUS LOCATIONS - 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $546.07 PWTR -05/14 320TH ST & PAC HWY- Key Bank Page 13 of 52 Check No. Date Vendor Invoice Date Invoice Description AmountGL Total 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $10.98 PV VTR-05/14 308TH ST. & 2ND AVE 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $20.41 PVVTR -05/14 1300 S 334TH STREET 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $69.42 PV VTR-05/14 S 333ND & 1ST WAY S 241274, 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $109.79 PWTR -05/14 SR 161 & 356TH - 241274 7/15/2014 PUGET SOUND ENERGY INC, 612/2014 PWTR 2014 05 $11.09 PWTR -05/14 36600 PAC HWY S- 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $271.50 PWTR -05/14 33645 20TH PL S- 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $92.18 PWTR -05/14 HOYT RD & 340TH - 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $58.42 PWTR -05/14 1STAVE S & 330TH S 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $99.56 PWTR -05/14 33507 9TH AVE $- 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $82.09 PWTR -05/14 S 322ND ST & 23RD A 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $95.56 PWTR -05/14 31130 27TH AVE SW- 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $11.16 PWTR -05/14 115 S 361ST PL FLAS 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/17/2014 200006007922 $62.18 PWTR -06/14 106 SW CAMPUS DR- 241274 7/15/2014 PUGET SOUND ENERGY INC, 6 /17/2014 200006007922 $72.47 PWTR -06/14 106 SW CAMPUS DR- 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/18/2014 220002368235 $151.33 PWTR -06/14 2100 SW 336TH ELECT 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/18/2014 220002463739 $38.93 PWTR -06/14 2400 SW 336TH ST SI 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/18/2014 220002469736 $79.85 PV VTR-05/14 1405 SW 312TH SCHL^ 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/19/2014 220002470148 $96.82 PWTR -06/14 31250 SW DASH PT S 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $173.11 PWTR -05/14 33401 38TH AVE 5- 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $11.08 PWTR -05/14 32731 HOYT RD FLASH 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $91.70 PWTR -05/14 32400 STATE RT 99 S 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $21.45 PWTR -05/14 35654 9TH AVE SW - 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $453.09 PWTR -05/14 29600 PAC HWY SIGNA 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $250.48 PV VTR-05/14 32400 SR 99 SE CRNR 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $39.76 PWTR -05/14 3318 SW 346TH PLACE 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PVVTR 2014 05 $11.99 PVVTR -05/14 SW 308TH ST & 4TH A Key Bank Page 14 of 52 Check No. Date Vendor Invoice Date Invoice Description AmountGL Total 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $40.14 PWTR -05/14 33405 6TH AVE 5- 241274 7/15/2014 PUGET SOUND ENERGY INC, 612/2014 PWTR 2014 05 $11.16 PWTR -05/14 SW 336TH IRRIG CONT 241274 7115/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $398.79 PWTR -05/14 30390 PAC HWY S- 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $30.72 PWTR -05/14 29829 23RD AVE S- 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $71.28 PWTR -05/14 18TH AVE & S 312TH - 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $31.80 PWTR -05/14 296TH PL & MILITARY 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $97.97 PWTR -05/14 21 STAVE SW & 325TH 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $193.44 PV VTR-05/14 S 348TH HOV LANE - 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $34.76 PWTR -05/14 S 316TH & PAC HWY- 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $241.95 PWTR -05/14 33800 WEYER. HWY- 241274 7115/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $66.38 PWTR -05/14 SW 340TH & 35TH AVE 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $162.34 PWTR -05/14 1790 SW 345TH PLACE 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $251.05 PWTR -05/14 32000 PAC HWY SE CR 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $253.27 PWTR -05/14 S 348TH ST & 1ST AV 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $23.35 PWTR -05/14 515 S 312TH STREET - 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $205.87 PWTR -05/14 S 320TH ST & WEYER. 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $77.58 PWTR -05114 1414 S 324TH STREET 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $117.94 PWTR -05/14 31455 28TH AVE S- 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $28.50 PWTR -05/14 2613 S 275TH PLACE - 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $88.83 PWTR -05/14 21 STAVE & 356TH SW 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $171.34 PWTR -05/14 322ND ST & 23RD AVE 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $178.45 PWTR -05/14 312TH ST & 23RD AVE 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $95.46 PWTR -05/14 288TH ST. & 18TH AV 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $285.60 PWTR -05/14 21STAVE SW & 344TH 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $74.22 PWTR -05/14 316TH ST & 20TH AVE 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $81.04 PWTR -05/14 304TH ST & MILITARY Key Bank Page 15 of 52 Check No. Date Vendor invoice Date Invoice Description AmountGL Total 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $51.73 PWTR -05/14 33220 ST. WAY SOUTH 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $91.95 PWTR -05/14 1ST WAY S & 336TH S 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $56.91 PWTR-05/14 34836 WEYER. WAY 5- 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $76.28 PWTR -05/14 2999 SW 314TH ST- 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $245.51 PWTR-05/14 33099 HOYT RD. SW- 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $23.60 PWTR -05/14 28516 24TH AVE S- 241274 7/15/2014 PUGET SOUND ENERGY INC, 6/2/2014 PWTR 2014 05 $104.78 PWFR -05/14 35896 PAC HWY S- FIRE DEPARTMENT PERMIT 241288 7/1512014 SOUTH KING FIRE & RESCUE7 /8/2014 2ND QTR 2014 $92,225.19 CD -REMIT FIRE DEPT FEES FIRST CLASS POSTAGE 241059 6/30/2014 PITNEY BOWES PRESORT SV5/31/2014 3936217 $2,353.49 FI- POSTAGE AND MAIL COURIER SV FOOD & BEVERAGE 241175 7/15/2014 COSTCO /HSBC BUSINESS SO6/26/2014 JUNE 2014 $20.00 PRCS- SPECIAL EVENTS SUPPLIES 241176 7/15/2014 CRYSTAL SPRINGS, 6/13/2014 13122500 061314 $141.60 PRCS - COFFEE & SUPPLIES 6144759 713/2014 US BANK, 6/25/2014 JUNE 2014 $21.90 PRCS -TEEN CAMP SUPPLIES 241175 7/15/2014 COSTCO /HSBC BUSINESS SO6/26/2014 JUNE 2014 $848.50 PRCS -DAY CAMP SUPPLIES- SNACKS 241175 7/1512014 COSTCO /HSBC BUSINESS SO6/26/2014 JUNE 2014 $60.43 PRCS -DAY CAMP SUPPLIES 241279 7115/2014 SAFEWAY STORE #1555, 6/3/2014 432056- 060314 $8.00 PRCS -3'S FOR ME PROGRAM SUPPLI 241175 7/15/2014 COSTCO /HSBC BUSINESS SO6/26/2014 JUNE 2014 $51.04 SWR -GREEN LIVING WORKSHOP SUPP 241175 7115/2014 COSTCO /HSBC BUSINESS SO6/26/2014 JUNE 2014 $87.59 CC- COUNCIL DINNER 241175 7/15/2014 COSTCO /HSBC BUSINESS SO6/26/2014 JUNE 2014 $85.55 CC- COUNCIL DINNER 241175 7/15/2014 COSTCO /HSBC BUSINESS SO6/26/2014 JUNE 2014 $56.18 SWM- REDONDO CREEK CLEANUP 241249 7/15/2014 MOUNTAIN MIST WATER, 7/2/2014 005606187 $12.00 PD- BOTTLE WATER SVC 240974 6/30/2014 FOOD SERVICES OF AMERICl6 /4/2014 5579668 $790.96 DBC- CATERING SUPPLIES 241102 6/30/2014 UNITED GROCERS CASH & C,6/5/2014 119065 $433.98 DBC- CATERING SUPPLIES 241102 6/30/2014 UNITED GROCERS CASH & CA16/2014 119540 $325.14 DBC- CATERING SUPPLIES 240974 6130/2014 FOOD SERVICES OF AMERIC/6 /11/2014 5596464 $1,965.00 DBC- CATERING SUPPLIES $92,225.19 $2,353.49 $17,038.70 Key Bank Page 16 of 52 Check No. Date Vendor Invoice Date Invoice Description AmountGL Total 240974 6/30/2014 FOOD SERVICES OF AMERICI6 /18 /2014 5612477 $2,503.34 DBC- CATERING SUPPLIES 241102 6/30/2014 UNITED GROCERS CASH & 05/24/2014 114750 $253.49 DBC- CATERING SUPPLIES 241102 6/30/2014 UNITED GROCERS CASH & 0512512014 115477 $96.60 DBC- CATERING SUPPLIES 241102 6/30/2014 UNITED GROCERS CASH & Ci5/27/2014 167443 $104.28 DBC- CATERING SUPPLIES 241102 6/30/2014 UNITED GROCERS CASH & 05/30/2014 116800 $336.47 DBC- CATERING SUPPLIES 241102 6/30/2014 UNITED GROCERS CASH & Ci5/30/2014 169669 $18.76 DBC- CATERING SUPPLIES 241102 6/30/2014 UNITED GROCERS CASH & Ci5/31/2014 117258 $211.15 DBC- CATERING SUPPLIES 240974 6/30/2014 FOOD SERVICES OF AMERIC/6 /20/2014 5618805 $387.45 DBC- CATERING SUPPLIES 240974 6/30/2014 FOOD SERVICES OF AMERIC/6 /21/2014 5621306 $124.36 DBC- CATERING SUPPLIES 241310 7/15/2014 UNITED GROCERS CASH & 06/12/2014 121624 $92.50 DBC- CATERING SUPPLIES 241310 7/15/2014 UNITED GROCERS CASH & 06/15/2014 06/15/14 $493.23 DBC- CATERING SUPPLIES 241310 7/15/2014 UNITED GROCERS CASH & 06/16/2014 123329 $310.40 DBC- CATERING SUPPLIES 241310 7/15/2014 UNITED GROCERS CASH & C,6110/2014 121136 $252.69 DBC- CATERING SUPPLIES 241310 7/15/2014 UNITED GROCERS CASH & 06/17/2014 123537 $363.22 DBC- CATERING SUPPLIES 241310 7/15/2014 UNITED GROCERS CASH & C.6/18/2014 123970 $180.57 DBC- CATERING SUPPLIES 241310 7/15/2014 UNITED GROCERS CASH & C)6/20/2014 124736 $740.86 DBC- CATERING SUPPLIES 241310 7/15/2014 UNITED GROCERS CASH & 06/20/2014 124854 $89.49 DBC - CATERING SUPPLIES 241310 7/15/2014 UNITED GROCERS CASH & 06/23/2014 125932 $454.41 DBC- CATERING SUPPLIES 241310 7/15/2014 UNITED GROCERS CASH & 06/23/2014 179190 $61.05 DBC- CATERING SUPPLIES 241310 7/15/2014 UNITED GROCERS CASH & 06/24/2014 179589 $65.73 DBC- CATERING SUPPLIES 241310 7/15/2014 UNITED GROCERS CASH & 06/25/2014 126589 $591.62 DBC- CATERING SUPPLIES 241199 7/15/2014 FOOD SERVICES OF AMERICl6 125/2014 5628531 $213.04 DBC- CATERING SUPPLIES 241199 7/15/2014 FOOD SERVICES OF AMERIC/6 /25/2014 5628542 $1,459.20 DBC- CATERING SUPPLIES 241199 7/15/2014 FOOD SERVICES OF AMERICf6 /25/2014 5629922 $ -98.66 DBC- RETURN CATERING SUPPLIES 241199 7/15/2014 FOOD SERVICES OF AMERICF7 /2/2014 5645143 $1,461.22 DBC- CATERING SUPPLIES 6144759 7/3/2014 US BANK, 6/25/2014 JUNE 2014 $15.31 FWCC -STAFF SHIRTS, PROG. SUPPL Key Bank Page 17 of 52 Check No. Date Vendor Invoice Date Invoice Description AmountGL Total 241175 7/15/2014 COSTCO /HSBC BUSINESS SO6/26/2014 JUNE 2014 $101.45 FWCC- SPLASHTACULAR SUPPLIES 6144759 7/3/2014 US BANK, 6/25/2014 JUNE 2014 $35.18 MO -LUNCH MTG MAYOR & B. MARTIN 6144759 7/3/2014 US BANK, 6/25/2014 JUNE 2014 $30.14 MO -LUNCH MAYOR & J BERMINGHAM 6144759 7/3/2014 US BANK, 6/25/2014 JUNE 2014 $79.89 MO- LUNCH MAYOR & B. MARTIN 241175 7/15/2014 COSTCO /HSBC BUSINESS SO6/26/2014 JUNE 2014 $47.97 MO- NEIGHBORHOOD CONNECTING MTG 241175 7/15/2014 COSTCO /HSBC BUSINESS SO6/26/2014 JUNE 2014 $179.33 PD- DEPARTMENT PICNIC 241279 7/15/2014 SAFEWAY STORE #1555, 5/29/2014 727324- 052914 $58.55 PRCS- COOKING CLASS SUPPLIES 6144759 7/3/2014 US BANK, 6/25/2014 JUNE 2014 $42.53 PRCS -FORT. FLAGLER TRIP SUPPLI 6144759 7/3/2014 US BANK, 6/25/2014 JUNE 2014 $165.48 PRCS -FORT. FLAGLER TRIP SUPPLI 6144759 7/3/2014 US BANK, 6/25/2014 JUNE 2014 $41.29 PRCS -FORT. FLAGLER TRIP SUPPLI 6144759 7/3/2014 US BANK, 612512014 JUNE 2014 $9.65 PRCS -FORT. FLAGLER TRIP SUPPLI 6144759 7/3/2014 US BANK, 6/2512014 JUNE 2014 $23.94 PRCS -FORT. FLAGLER TRIP SUPPLI 6144759 7/3/2014 US BANK, 6/25/2014 JUNE 2014 $9.00 PRCS- HURRICANE RIDGE TRIP 6144759 7/3/2014 US BANK, 6/25/2014 JUNE 2014 $11.48 PRCS- KARAOKE NIGHT SUPPLIES 241310 7/15/2014 UNITED GROCERS CASH & C/6/26/2014 127209 $19.70 PRCS- SPECIAL OLYMPICS SWIM TEA 241175 7/15/2014 COSTCO /HSBC BUSINESS SO6/26/2014 JUNE 2014 $25.98 PRCS- FRIENDSHIP THEATRE SUPPLI 241279 7/15/2014 SAFEWAY STORE #1555, 6/4/2014 729472- 060414 $29.51 PRCS -FORT FLAGER TRIP SUPPLIES 241192 7/15/2014 FEDERAL WAY NUTRITION SE6/18/2014 4374 $95.50 PD -06/14 OFFICER LUNCHES 241066 6/30/2014 QUALITY WATER SERVICES, 5/31/2014 82727 $27.32 DBC- BOTTLE WATER SVC 241058 6/30/2014 PETTY CASH - POLICE DEPT, 6/23/2014 PD- 06/23/14 $11.22 PD -MEAL FOR CDU DETAIL IN- 241175 7/15/2014 COSTCO /HSBC BUSINESS SO6/26/2014 JUNE 2014 $303.94 PRCS -PARKS COMMISSION RW &B BOO GASOLINE $74,269.11 241026 6/30/2014 MAIRS, MANUEL C 6/12/2014 MAIRS 2014 $112.00 PD- VEHICLE FUEL 240965 6/30/2014 ERNIE'S FUEL STOPS (DBA), 6/15/2014 22304CT $310.78 PD- 06/01/14- 06 /15114 VEHICLE F 240965 6/30/2014 ERNIE'S FUEL STOPS (DBA), 6115/2014 22304CT $ -9.98 PD- 06/01/14- 06/15/14 FUEL CRED 240970 6/30/2014 FEDERAL WAY PUBLIC SCHO(5/15/2014 AR10040 $9,257.45 PWFLT -04/14 VEHICLE FUEL Key Bank Page 18 of 52 Check No. Date Vendor Invoice Date Invoice Description AmountGL Total 240970 6/30/2014 FEDERAL WAY PUBLIC SCHO(5/16/2014 AR 10041 $23,780.90 PD -04/14 VEHICLE FUEL 240970 6/30/2014 FEDERAL WAY PUBLIC SCHO(5/31/2014 AR10062 $10,941.57 PWFLT -05114 VEHICLE FUEL 240970 6/3012014 FEDERAL WAY PUBLIC SCHO(5/31/2014 AR10063 $26,918.23 PD -05/14 VEHICLE FUEL 241188 7/15/2014 ERNIE'S FUEL STOPS (DBA), 2/15/2014 11793CT $365.11 PD- 02/16/14- 02/28/14 VEHICLE F 241188 7/15/2014 ERNIE'S FUEL STOPS (DBA), 2/15/2014 11793CT $ -14.09 PD- 02/16/14- 02/28/14 FUEL CRED 241188 7/15/2014 ERNIE'S FUEL STOPS (DBA), 6/30/2014 23611CT $507.34 PD- 06/16/14- 06/30/14 VEHICLE F 241188 7/15/2014 ERNIE'S FUEL STOPS (DBA), 6/30/2014 23611CT $ -16.26 PD- 06/16/14 - 06/30/14 FUEL CRED 241326 7/15/2014 WEX BANK, 6130/2014 37280404 $218.77 PD -06114 MAYOR'S VEHICLE FUEL 240965 6/30/2014 ERNIE'S FUEL STOPS (DBA), 6/15/2014 22303CT $754.35 PWFLT- 06/01/14 - 06115/14 VEHICL 240965 6/30/2014 ERNIE'S FUEL STOPS (DBA), 6/15/2014 22303CT $ -24.68 PWFLT- 06/01/14- 06/15/14 FUEL C 241188 7/15/2014 ERNIE'S FUEL STOPS (DBA), 6/30/2014 23610CT $1,205.48 PWFLT- 06/16/14- 06/30/14 VEHICL 241188 7/15/2014 ERNIE'S FUEL STOPS (DBA), 6/30/2014 23610CT $ -37.86 PWFLT- 06/16/14- 06/30/14 FUEL C HEALTH INSURANCE PREMIUM $1,480.65 240986 6/30/2014 HERRERA, MATT 6/13/2014 HERRERA 2014 $100.00 CD- MEDICAL DEDUCTIBLE HERRERA 241164 7/15/2014 CLARK, MARGARET 6/30/2014 CLARK 2014 $93.67 CD- MEDICAL DEDUCTIBLE CLARK 241091 6/30/2014 STIEBEN, JOHN 6/23/2014 STIEBEN 2014 $97.20 PD- MEDICAL DEDUCTIBLE STIEBEN 241053 6/30/2014 PEARSALL, AMY JO 6/17/2014 PEARSALL 2014 $100.00 LAW- MEDICAL DEDUCTIBLE PEARSAL 241329 7/15/2014 WILEY, PATRICIA 7/14/2014 JULY 2014 $589.78 LAW -JULY 2014 COBRA PMT 241074 6/30/2014 SANT, MICHAEL 6/11/2014 SANT 2014 $200.00 PD- MEDICAL DEDUCTIBLE M SANT 241037 6/30/2014 NEAL, STEPHAN C 6/18/2014 NEAL 2014 $300.00 PD- MEDICAL DEDUCTIBLE S NEAL HOUSEHOLD SUPPLIES $6,724.99 240946 6/30/2014 COASTWIDE SUPPLY DBA, 5/29/2014 T2665308 -1 $80.76 DBC- JANITORIAL SUPPLIES 241165 7/15/2014 COASTWIDE SUPPLY DBA, 6/18/2014 T2674284 $474.90 DBC - JANITORIAL SUPPLIES 240946 6130/2014 COASTWIDE SUPPLY DBA, 5/20/2014 T2665480 $246.16 PKM- JANITORIAL SUPPLIES 240974 6/30/2014 FOOD SERVICES OF AMERIC/6 /4/2014 5579668 $198.73 DBC- CATERING SUPPLIES 240974 6/30/2014 FOOD SERVICES OF AMER] C/6 /11/2014 5596464 $82.62 DBC- CATERING SUPPLIES 240974 6/30/2014 FOOD SERVICES OF AMERIC/6 /18/2014 5612477 $45.65 DBC- CATERING SUPPLIES Key Bank Page 19 of 52 Check No. Date Vendor Invoice Date Invoice Description AmountGL Total 241199 7/15/2014 FOOD SERVICES OF AMERICf6 /25/2014 5628542 $175.27 DBC- CATERING SUPPLIES 241199 7/15/2014 FOOD SERVICES OF AMERICR /2/2014 5645143 $80.09 DBC- CATERING SUPPLIES 240946 6/30/2014 COASTWIDE SUPPLY DBA, 6/6/2014 W2670694 $699.46 FWCC- JANITORIAL SUPPLIES 240946 6/30/2014 COASTWIDE SUPPLY DBA, 6/9/2014 W2670694 -1 $60.73 FWCC- JANITORIAL SUPPLIES 240946 6/30/2014 COASTWIDE SUPPLY DBA, 5/30/2014 W2668328 $992.67 FWCC- JANITORIAL SUPPLIES 241165 7/15/2014 COASTWIDE SUPPLY DBA, 6/13/2014 W2672868 $545.55 FWCC- JANITORIAL SUPPLIES 241143 7/15/2014 AMERICAN HOTEL REGISTER6 /9/2014 5671988 $336.07 FWCC- DISINFECTANT 240946 6/30/2014 COASTWIDE SUPPLY DBA, 5/30/2014 T2668502 $910.93 CHB- JANITORIAL SUPPLIES 240946 6/30/2014 COASTWIDE SUPPLY DBA, 6/12/2014 T2672593 $1,559.88 PKM- JANITORIAL SUPPLIES 241165 7/15/2014 COASTWIDE SUPPLY DBA, 6/30/2014 T2677570 $235.52 PKM - JANITORIAL SUPPLIES IMMUNIZATION CHARGE $80.00 241250 711512014 MULTICARE CENTERS OF, 7/1/2014 88058 $80.00 HR -DOT PHYSICAL J BARBER INSURANCE PREMIUM - OTHER $1,713.49 241014 6/30/2014 LARSEN SIGN CO., 6/6/2014 17258 $98.46 LAW -RM PS6173 GRAPHIC SADYKBAY 240924 6/30/2014 BANNON CARLSON & KESSEt6 /1012014 14202 $443.00 LAW -ADD PROM FOR BROOKLAKE - 240898 6/30/2014 ABRAAUTO BODY GLASS, 6/17/2014 RO #4847 $1,172.03 LAW -RM PS6322 VSPOLE;RM -PS; RS INSURANCE -STOP LOSS $32,579.10 241210 7/15/2014 GROUP HEALTH, 6/24/2014 JUNE 2014A $4,258.80 JUNE 2014 HMO SELF FUND COOP 241209 7/15/2014 GROUP HEALTH, 6/24/2014 JUNE 2014 B $28,320.30 JUNE 2014 OPTIONS /ALLIANT PLUS INVESTMENT INCOME $5.95 241193 7/15/2014 FEDERAL WAY SCHOOL DISTU /2/2014 SIF -JUNE 2014 $5.95 FI -JUNE 2014 SCHL IMPACT FEE & KC HEALTH DEPT - INTERGOVT $549.86 241228 7/15/2014 KING COUNTY MENTAL HEAL - 6/16/2014 2034254 $549.86 CDHS -Q1 2014 KC EXCISE TAX KC RECORDING FEES $607.00 241003 6/30/2014 KING COUNTY RECORDS,ELE6 /17/2014 102103 -9031 $75.00 PWST- RECORD COVENANT WAIVER OF 241002 6/30/2014 KING COUNTY RECORDS,ELE6 /17/2014 202104 -9051 $87.00 PWST -STAT. WARRANTY DEET- 241004 6/30/2014 KING COUNTY RECORDS,ELE6 /17/2014 367440 -0195 $74.00 PWST- RECORD COVENANT WAIVER OF 241005 6/30/2014 KING COUNTY RECORDS,ELE6 /17/2014 515320 0210 $74.00 PWST- RECORD COVENANT WAIVER OF 241007 6/30/2014 KING COUNTY RECORDS,ELE6 /17/2014 768380 -0071 $74.00 PWST- RECORD COVENANT WAIVER OF Key Bank Page 20 of 52 Check No. Date Vendor Invoice Date Invoice Description AmountGL Total 241006 6/30/2014 KING COUNTY RECORDS,ELE6 /1712014 941480 -0060 $74.00 PWST - RECORD COVENANT WAIVER OF 241230 7/15/2014 KING COUNTY RECORDS,ELE6 /30/2014 OMEGA INTERNATIONAL $75.00 PW- RECORD LICENSE - OMEGA INTL 241231 7/15/2014 KING COUNTY RECORDS, E LE7/9/2014 797820 0100 $74.00 PWST- RECORD RUSSIAN UKRANIAN P LANDSCAPING $339.45 241050 6/30/2014 PACIFIC PLANTS INC, 6/10/2014 72335 $339.45 PARKS - TOWNSQUARE CHRISTMAS THE LEASEHOLD TAX $1,313.42 241317 7/15/2014 WA STATE REVENUE DEPTMI7 /8/2014 2ND QTR 2014 $85.32 FI -Q2 2014 HYLEBOS RENTAL BUCK 241317 7/15/2014 WA STATE REVENUE DEPTMI7 /8/2014 2ND QTR 2014 $170.67 FI -Q2 2014 HYLEBOS RENTAL GORO 241317 7/15/2014 WA STATE REVENUE DEPTMI7 /8/2014 2ND QTR 2014 $113.78 FI -Q2 2014 BROOKLAKE RENTAL 241317 7/15/2014 WA STATE REVENUE DEPTMI7 /8/2014 2ND QTR 2014 $943.65 FI -02 2014 CLEARWIRE LEASEHOLD TAX - RECREATION $183.04 241317 7/15/2014 WA STATE REVENUE DEPTMI7 /8/2014 2ND QTR 2014 $158.71 FI -Q2 2014 CP CONCESSIONS BILL 241317 7/1512014 WA STATE REVENUE DEPT M17/8/2014 2ND QTR 2014 $15.59 FI -Q2 2014 ESPRITE DE CUP 241317 7/1512014 WA STATE REVENUE DEPTMI7 /8/2014 2ND QTR 2014 $8.74 FI -Q2 2014 HS ICE CREME LEGAL NOTICES $1,157.01 241286 7/15/2014 SOUND PUBLISHING INC, 1/17/2014 966757 $472.98 PWST -RFB 14 -102 LEGALAD 241085 6/30/2014 SOUND PUBLISHING INC, 6/6/2014 1073723 $99.50 CD -DNS LEGAL AD TRANSPORTATION 241084 6/30/2014 SOUND PUBLISHING INC, 6/6/2014 1073725 $154.29 CD -LAND USE APP. LEGAL NOTICE 241287 7115/2014 SOUND PUBLISHING INC, 6/13/2014 1075478 $64.89 CD- AMENDMENTS TO CODE LEGAL AD 241287 7/15/2014 SOUND PUBLISHING INC, 6/13/2014 1075480 $98.06 CD- AMENDMENTS TO CODE LEGAL AD 241083 6/30/2014 SOUND PUBLISHING INC, 6/6/2014 1073182 $41.82 CK- ORDINANCE 14 -768 LEGALAD 241083 6/30/2014 SOUND PUBLISHING INC, 5/9/2014 1052426 $50.47 CK- ORDINANCE SUMMARY LEGALAD 241083 6/30/2014 SOUND PUBLISHING INC, 5/31/2014 646669 $175.00 HRCK -CITY NEWSPAPER AG12 -006- LODGING $5,339.26 6144759 7/3/2014 US BANK, 6/25/2014 JUNE 2014 $749.48 CC -AWC CONF. MOORE, ASSEFA -DAW 6144759 7/3/2014 US BANK, 6/25/2014 JUNE 2014 $249.62 CC -AWC CONF. HONDA 240944 6/30/2014 CITY OF FEDERAL WAY, 6/17/2014 CK #1108 $574.95 PD- PNWD -IAI CONF. VANDERVEER 6143793 7/1/2014 US BANK, 6/25/2014 JUNE 2014 $264.30 PD- HOMICIDE INTERVIEW VANDERVE Key Bank Page 21 of 52 Check No. Date Vendor Invoice Date Invoice Description AmountGL Total 240944 6/30/2014 CITY OF FEDERAL WAY, 6/17/2014 CK #1109 $490.16 PD- WACVEO CVE TRNG M MAIRS 6143793 7/1/2014 US BANK, 6/25/2014 JUNE 2014 $599.50 PD- MOTORCYCLE TRNG - 6144759 7/3/2014 US BANK, 6/25/2014 JUNE 2014 $275.16 MC- DMCJACONF. D LARSON 240944 6/30/2014 CITY OF FEDERAL WAY, 6/17/2014 CK #1111 $488.94 PD -IABTI TRNG C MARTIN 6143793 7/1/2014 US BANK, 6/25/2014 JUNE 2014 $691.80 PD -CSI PHOTOGRAPHY TRNG POTTS 241162 7/15/2014 CITY OF FEDERAL WAY, 6/27/2014 CK #1112 $212.30 PD- RAVEN'S CHALLENGE C MARTIN 241162 7115/2014 CITY OF FEDERAL WAY, 6/27/2014 CK #1113 $212.30 PD- RAVEN'S CHALLENGE N WONG 241162 7/15/2014 CITY OF FEDERAL WAY, 6/27/2014 CK #1115 $212.30 PD- RAVEN'S CHALLENGE M WEDEL 241162 7115/2014 CITY OF FEDERAL WAY, 6/27/2014 CK #1116 $212.30 PD- RAVEN'S CHALLENGE MICKELSEN 241331 7/15/2014 WONG, NICHOLAS 6/27/2014 WONG 2014 $106.15 PD- RAVENS CHALLENGE N WONG LONG DISTANCE CHARGES $211.37 241157 7/15/2014 CENTURYLINK, 6/19/2014 1305385435 $25.36 IT -06/14 LONG DISTANCE SVC 241157 7/15/2014 CENTURYLINK, 6/19/2014 1305385435 $186.01 IT -06/14 LONG DISTANCE SVC MACHINERY & EQUIPMENT $628.84 241173 7/1512014 CONVERGINT TECH NOLOGIEI2 /31/2013 W152034 $628.84 IT- AVIGILON CAMEREA LICENSES - MEDICAL SERVICES - CLAIMS $137,692.91 806414 6/21/2014 GROUP HEALTH, 6/19/2014 SF00020812 $30,803.26 GROUP HEALTH OPTIONS 06/10/14- 719349 6/20/2014 GROUP HEALTH, 6/20/2014 SF00020811 $21,684.78 GROUP HEALTH COOP 06/10/14 -06/ 594929 6/26/2014 GROUP HEALTH, 6/26/2014 SF00020866 $37,262.03 GROUP HEALTH OPTIONS 06/17/14- 653901 6/26/2014 GROUP HEALTH, 6/27/2014 SF00020865 $13,543.43 GROUP HEALTH COOP 06/17/14 -06/ 7011982 7/7/2014 GROUP HEALTH, 7/8/2014 SF00020921 $3,435.77 GROUP HEALTH COOP 06/24/14 -06/ 7011985 7/7/2014 GROUP HEALTH, 7/8/2014 SF00020922 $30,963.64 GROUP HEALTH OPTIONS 06/24/14 - MILEAGE REIMBURSEMENT $309.05 241201 7/15/2014 FRANKLIN, SCOTT 6/30/2014 FRANKLIN 2014 $109.77 DBC- 05/24- 06/25/14 REIMB. FRAN 241058 6/30/2014 PETTY CASH - POLICE DEPT, 6/23/2014 PD- 06123114 $14.56 PD- MILEAGE REIMBURSEMENT - 241015 6/30/2014 LARSON, DAVID A 6/4/2014 LARSON 2014 $164.56 MC- DMCJACONF. D LARSON 241162 7/15/2014 CITY OF FEDERAL WAY, 7/14/2014 CK #1123 $20.16 IT -ESRI USER CONF. E EARLE MINOR DP EQUIPMENT $403.77 Key Bank Page 22 of 52 Check No. Date Vendor Invoice Date Invoice Description AmountGLTotal 241171 7/15/2014 CONNECT -AIR INTERNATIONf6 /1912014 0414073 -IN $403.77 IT -EOC PLENUM AUDIO CABLE - MINOR EQUIP -MISC 241166 7/15/2014 CODE 4, LLC, 6/16/2014 52935 $821.25 PD -SMITH & WESSON RECEIVER ASS 6143793 7/1/2014 US BANK, 6/25/2014 JUNE 2014 $21.77 PD -PHONE FOR NORTH SUBSTATION 6143793, 7/1/2014 US BANK, 6/25/2014 JUNE 2014 $89.99 PD- REPAIR PARTS FOR BIKES 6143793 7/1/2014 US BANK, 6/25/2014 JUNE 2014 $108.35 PD- BICYCLE HELMET FOR SOU 241159 7/1512014 CESSCO -THE CUT &CORE ST(6/23/2014 2743 $1,450.88 SWM -TRASH PUMP 240982 6/30/2014 GRAINGER INC, 6/9/2014 9460740336 $1,781.75 PARKS- JOBSITE PIANO BOX STORAG 241305 7/15/2014 TIMCO INC, 6/24/2014 254144 $145.83 SWM -QUICK COUPLERS FOR NEW PUM 6144759 7/3/2014 US BANK, 6/25/2014 JUNE 2014 $215.84 SWM -WATER TESTING EQUIPMENT MISC PROFESSIONAL SVS- INTERGOV 241316 7/15/2014 WA STATE PATROL, 7/1/2014 114009463 $380.00 HR -06/14 BKGRND INVESTIGATIONS 241000 6/3012014 KING COUNTY FINANCE DIVI£613/2014 11002202 $248.50 IT -05/14 NET SVCS AG 14 -105- 241000 6/30/2014 KING COUNTY FINANCE DIV1:6/3/2014 11002202 $248.50 IT -05/14 NET SVCS AG14 -105- 241315 7/15/2014 WA STATE PATROL, 6/15/2014 00054108 $534.00 IT /PD- Q22014 WSP ACCESS FEES 241157 7115/2014 CENTURYLINK, 6/19/2014 1305385435 $211.38 IT -06/14 LONG DISTANCE SVC 241229 7/15/2014 KING COUNTY RADIO, 6/20/2014 8768 $9,168.74 IT -PD RADIO MAINT /REPAIR 241112 6/30/2014 WA STATE AUDITOR'S OFFICE6 /12/2014 L103528 $20,415.67 FI -05/14 STATE AUDITOR SVCS 241000 6/30/2014 KING COUNTY FINANCE DIVI:6/3/2014 11002202 $99.40 IT -05/14 NET SVCS AG14 -105- MISC SERVICES & CHARGES 240954 6/30/2014 D J TROPHY, 6/12/2014 238840 $243.76 PD -MEDAL OF VALOR PLAQUE 241041 6/30/2014 NORTHWEST EMBROIDERY 118/2/2014 85386 $133.42 PD- EMBROIDER SVC FOR POLO SHIR 241008 6/30/2014 KING COUNTY RECORDS,ELE6 /16 /2017 BERGSTEDT RECORD $33.00 MC- RECORD PROTEM S. BERGSTEDT 240991 6/30/2014 IRON MOUNTAIN INFORMATIC5 /31/2014 KJU2189 $658.18 PD -05/14 RECORDS STORAGE SVC 240899 6/30/2014 ABT TOWING OF FEDERAL W/6/4/2014 10171 $194.91 PD- VEHICLE TOW SVC 240899 6/30/2014 ABT TOWING OF FEDERAL W/6/8/2014 11288 $194.91 PD- VEHICLE TOW SVC 240907 6/30/2014 AL'S TOWING, 6/15/2014 77346 $198.20 PD- VEHICLE TOW SVC $4,635.66 $31,306.19 $8,810.90 Key Bank Page 23 of 52 Check No. Date Vendor Invoice Date Invoice Description AmountGL Total 241042 6/30/2014 NORTHWEST TOWING INC, 6/19/2014 406477 $243.64 PD- VEHICLE TOW CASE 14 -8181 241109 6/30/2014 VERIZON WIRELESS, 6/12/2014 9726801982 $63.02 PD -05/14 BAIT CARE WIRELESS 240936 6/30/2014 CASCADE ENGINEERING SER6/13/2014 ML- 14061307987 $407.11 PD -RADAR CALIBRATION SVC 241041 6/30/2014 NORTHWEST EMBROIDERY 116/2/2014 85382 $431.43 PD- TRAFFIC SCHL INSTRUCTOR SHI 241111 6/30/2014 VILMA SIGNS, 6/19/2014 794 $793.88 PD -NORTH SUBSTATION SIGN MARIP 6143793 7/1/2014 US BANK, 6/25/2014 JUNE 2014 $19.99 PD- CITIZEN SURVEY SVC 241020 6/30/2014 LEXISNEXIS RISK, 5/31/2014 1470204 - 20140531 $124.88 PD -05/14 LEXIS NEXIS SVC 240973 6/30/2014 FONTES, LIANNE 6/6/2014 407162 REFUND $300.00 PRCS- REFUND BROOKLAKE DEPOSIT - 241290 7/1512014 SPORTS CONNECTION, LLC, 7/3/2014 14520 $1,177.51 PD- EXPLORER SHIRTS 240954 6/30/2014 D J TROPHY, 4/9/2014 238329 $71.16 CC -CITY BANNER FOR VARIOUS EVE 241256 7/15/2014 NORTHWEST TOWING INC, 6124/2014 406496 $341.09 PD- VEHICLE TOW CASE 14 -6317 241020 6/30/2014 LEXISNEXIS RISK, 5/31/2014 1470204- 20140531 $124.88 PD -05/14 LEXIS NEXIS SVC 241232 7/15/2014 LAI, ALAN 6/16/2014 JUNE 16, 2014 $822.60 PD- INTERPRETER SVC CASE 14 -404 241125 6/30/2014 WILD WEST INTERNATIONAL 16 /1/2014 7483 $24.07 PD -05/14 GUN RANGE USAGE 241187 7/15/2014 EQUIFAX CREDIT INFORMATI(6 /17/2014 8560682 $25.51 PD -06/14 CREDIT REPORTING SVCS 241191 7/1512014 FEDERAL WAY INDOOR RANC -6 /24/2014 102 $219.00 PD -OPEN BAY GUN RANGE RENTAL 241211 7/15/2014 GSR POLYGRAPH SERVICES, 6/30/2014 14 -016 $150.00 PD- POLYGRAPH TESTING SVCS 241191 7/15/2014 FEDERAL WAY INDOOR RANC7/2/2014 103 $240.90 PD -06/14 GUN RANGE USAGE 6144759 7/3/2014 US BANK, 6/25/2014 JUNE 2014 $51.60 PRCS -SAN JUAN ISLANDS SR. TRI 6144759 713/2014 US BANK, 6/2512014 JUNE 2014 $27.00 PRCS - SPOKANE SR. TRIP 6144759 7/3/2014 US BANK, 6/25/2014 JUNE 2014 $370.00 PRCS ARGOSY CRUISE SR. TRIP 6144759 7/3/2014 US BANK, 6/25/2014 JUNE 2014 $150.00 PRCS - WENATCHEE SR. TRIP 6144759 7/3/2014 US BANK, 6/25/2014 JUNE 2014 $360.00 PRCS - RAINIER STEAM TRAIN SR. T 6144759 7/3/2014 US BANK, 6/25/2014 JUNE 2014 $146.25 PRCS- NW TREK SR. TRIP 6144759 7/3/2014 US BANK, 6/25/2014 JUNE 2014 $469.00 FWCC -RED CROSS CERTIFICATIONS NATURAL GAS $8,323.39 Key Bank Page 24 of 52 Check No. Date Vendor Invoice Date Invoice Description AmountGL Total 241130 7/11/2014 PUGET SOUND ENERGY INC, 6/23/2014 PARKS 2014 05 -06/14 $5,959.83 FWCC- 05/14 -06/14 876 S 333RD 0 241130 7/11/2014 PUGET SOUND ENERGY INC, 6/23/2014 PARKS 2014 05 -06/14 $1,080.62 08CWT- 05/14 -06/14 3200 SW DA 241130 7/11/2014 PUGET SOUND ENERGY INC, 6/23/2014 PARKS 2014 05 -06/14 $532.24 DBC /KFT- 05/14 -06/14 3200 SW DA 241130 7/11/2014 PUGET SOUND ENERGY INC, 6/23/2014 PARKS 2014 05 -06/14 $263.46 PKF- 05114 -06/14 600 S 333RD EV 241130 7/11/2014 PUGET SOUND ENERGY INC, 6/23/2014 PARKS 2014 05 -06/14 $153.04 PARKS -06/14 BROOKLAKE GAS 0011 241130 7/11/2014 PUGET SOUND ENERGY INC, 6/23/2014 PARKS 2014 05 -06/14 $51.03 PKF- 05/14 -06114 31104 28TH AVE 241130 7/11/2014 PUGET SOUND ENERGY INC, 6/23/2014 PARKS 2014 05 -06/14 $283.17 PKM- 05/14 -06/14 31132 28TH AVE NON GOVT DP SERVICES $4,272.24 240960 6/30/2014 EDEN SYSTEMS DIVISION, 6/11/2014 045- 111955 $1,601.97 IT -EDEN SUPPORT - SALES TAX DU 241019 6/30/2014 LEXISNEXIS, 5/31/2014 1405461090 $325.21 IT /LAW -05/14 WEST LAW SVC 241275 7/15/2014 QUADRANT SYSTEMS INC, 6/1/2014 140509 $1,400.00 IT- QUADRANT SYSTEM ANNUAL SUPP 241000 6/30/2014 KING COUNTY FINANCE DIVI,% /3/2014 11002202 $397.60 IT -05/14 NET SVCSAGI4 -105- 241257 7/15/2014 NOWYR INC., 7/1/2014 398254 $480.00 IT- REDUNDANCY INTERNET SVC 241180 7/15/2014 DMX MUSIC, 7/1/2014 50864341 $67.46 IT -07/14 ALL DIGITAL MUSIC OFFICE SUPPLIES $2,813.20 6144759 7/3/2014 US BANK, 6/25/2014 JUNE 2014 $29.86 PRCS- OFFICE SUPPLIES 241293 7/15/2014 STAPLES BUSINESSADVANT/6 /30/2014 8030415853 $131.58 JUNE 2014 OFFICE SUPPLIES 241293 7/15/2014 STAPLES BUSINESSADVANT/6 /30/2014 8030415853 $42.43 JUNE 2014 OFFICE SUPPLIES 241293 7/15/2014 STAPLES BUSINESSADVANT/6 /30/2014 8030415853 $32.44 JUNE 2014 OFFICE SUPPLIES 241139 7/15/2014 ALPHAGRAPHICS, 6/24/2014 5702 $281.58 PWTR- BUSINESS REPLY ENVELOPES 241313 7/15/2014 WA STATE DEPT OF ENTERPF6 /27/2014 73121942 $82.15 PW- STANDARD SPECS BOOKS 241293 7/15/2014 STAPLES BUSINESSADVANT/6 /30/2014 8030415853 $37.05 JUNE 2014 OFFICE SUPPLIES 241313 7/15/2014 WA STATE DEPT OF ENTERPF6 /27/2014 73121942 $54.74 PW- STANDARD SPECS BOOKS 241293 7/15/2014 STAPLES BUSINESSADVANT/6 /30/2014 8030415853 $60.56 JUNE 2014 OFFICE SUPPLIES 241313 7/15/2014 WA STATE DEPT OF ENTERPF6 /27/2014 73121942 $82.15 PW- STANDARD SPECS BOOKS 241293 7/15/2014 STAPLES BUSINESSADVANT/6 /30/2014 8030415853 $49.42 JUNE 2014 OFFICE SUPPLIES 241293 7/15/2014 STAPLES BUSINESSADVANT/6 /30/2014 8030415853 $16.42 JUNE 2014 OFFICE SUPPLIES Key Bank Page 25 of 52 Check No. Date Vendor Invoice Date Invoice Description AmountGL Total 241293 7/15/2014 STAPLES BUSINESSADVANT/6 /30/2014 8030415853 $16.42 JUNE 2014 OFFICE SUPPLIES 241044 6/30/2014 OFFICE DEPOT, 6/4/2014 715511466001 $17.93 PD- OFFICE SUPPLIES 241044 6/30/2014 OFFICE DEPOT, 6/5/2014 715511504001 $4.27 PD- OFFICE SUPPLIES 241259 7/15/2014 OFFICE DEPOT, 6/30/2014 708766853002 - $5.98 PD- HIGHLIGHTERS 241259 711512014 OFFICE DEPOT, 7/3/2014 718894211001 $7.12 PD- LAMINATING POUCH 241260 7/15/2014 OFFICE DEPOT, 6/18/2014 1690540666 $11.53 FWCC- OFFICE SUPPLIES 241293 7115/2014 STAPLES BUSINESS ADVANTF6 13012014 8030415853 $8.00 JUNE 2014 OFFICE SUPPLIES 241293 7/15/2014 STAPLES BUSINESS ADVANT/6 130/2014 8030415853 $86.69 JUNE 2014 OFFICE SUPPLIES 241293 7/15/2014 STAPLES BUSINESSADVANT/6 /30 /2014 8030415853 $10.94 JUNE 2014 OFFICE SUPPLIES 241293 7/15/2014 STAPLES BUSINESSADVANTA /30/2014 8030415853 $647.98 JUNE 2014 OFFICE SUPPLIES 241293 7/15/2014 STAPLES BUSINESSADVANT/6 /30/2014 8030415853 $259.19 JUNE 2014 OFFICE SUPPLIES 241293 7/15/2014 STAPLES BUSINESSADVANT/6 /30/2014 8030415853 $30.38 JUNE 2014 OFFICE SUPPLIES 241293 7/15/2014 STAPLES BUSINESSADVANT/6 /30/2014 8030415853 $77.03 JUNE 2014 OFFICE SUPPLIES 241313 7/15/2014 WA STATE DEPT OF ENTERPF6 /27/2014 73121942 $164.22 PW- STANDARD SPECS BOOKS 241293 7/15/2014 STAPLES BUSINESS ADVANT/6 /30/2014 8030415853 $53.30 JUNE 2014 OFFICE SUPPLIES 241293 7/15/2014 STAPLES BUSINESSADVANT/6 /30/2014 8030415853 $12.36 JUNE 2014 OFFICE SUPPLIES 241293 7/15/2014 STAPLES BUSINESS ADVANTA /30/2014 8030415853 $79.52 JUNE 2014 OFFICE SUPPLIES 241044 6/30/2014 OFFICE DEPOT, 6/4/2014 715511466001 $165.55 PD- OFFICE SUPPLIES 241293 7/15/2014 STAPLES BUSINESSADVANT/6 /30/2014 8030415853 $52.41 JUNE 2014 OFFICE SUPPLIES 241259 7/15/2014 OFFICE DEPOT, 7/3/2014 718894069001 $86.64 PD- OFFICE SUPPLIES 241293 7/15/2014 STAPLES BUSINESS ADVANT/6 /30/2014 8030415853 $66.63 JUNE 2014 OFFICE SUPPLIES 241293 7/15/2014 STAPLES BUSINESSADVANT/6 /30/2014 8030415853 $8.12 JUNE 2014 OFFICE SUPPLIES 241293 7/15/2014 STAPLES BUSINESSADVANT/6 /30/2014 8030415853 $24.37 JUNE 2014 OFFICE SUPPLIES 241293 7/15/2014 STAPLES BUSINESS ADVANT46 /30/2014 8030415853 $16.24 JUNE 2014 OFFICE SUPPLIES OPERATING RENTALS /LEASES 241046 6/30/2014 ONG, CUONG 6/23/2014 ONG 2014 $105.00 IT -SAFE DEPOSIT BOX FEE - BACK $6,387.00 Key Bank Page 26 of 52 Check No. Date Vendor Invoice Date Invoice Description AmountGL Total 241304 7/15/2014 THE HUMANE SOCIETY FOR, 5/31/2014 IVC0001312 $410.00 PD -05/14 ANIMAL SHELTER SVC - 241304 7/15/2014 THE HUMANE SOCIETY FOR, 7/8/2014 MAY 2014 $5,872.00 PD -05/14 ANIMAL SHELTER SVC - OTHER OPERATING SUPPLIES $40,459.92 241178 7/15/2014 D J TROPHY, 6116/2014 238898 $20.59 CDHS -NAME PLATES 241313 7/15/2014 WA STATE DEPT OF ENTERPW /27/2014 73121942 $54.74 PW- STANDARD SPECS BOOKS 241293 7/15/2014 STAPLES BUSINESSADVANTI6 /30/2014 8030415853 $61.78 JUNE 2014 OFFICE SUPPLIES 240977 6/30/2014 FURNEY'S NURSERY INC, 6/6/2014 68684362 $71.41 DBC- HANGING BASKETS 241175 7/15/2014 COSTCO /HSBC BUSINESS SO6/2612014 JUNE 2014 $372.28 DBC- OFFICE CHAIR & HAND TRUCK 241054 6/30/2014 PETCO ANIMAL SUPPLIES INC6/6/2014 OA054024 $129.19 PD -DOG FOOD 241073 6/30/2014 SAN DIEGO POLICE EQUIPME6 /13/2014 612854 $530.31 PD- AMMUNITION 240935 6/30/2014 BROWNELLS INC, 6/16/2014 10214537.00 $42.35 PD -FIRE ARMS REPAIR SUPPLIES 241082 6/30/2014 SHORE POWER INC, 4/30/2014 589189 $852.21 PD- FLASHLIGHT REPAIR SUPPLIES 240979 6/30/2014 G.W., INC, 5/12/2014 778711 $468.57 PD -GLOCK 17 & 13 MAGAZINES 241073 6/30/2014 SAN DIEGO POLICE EQUIPME5 /14/2014 612398 $6,848.35 PD- AMMUNITION 241058 6/30/2014 PETTY CASH - 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REFLECTIVE T- SHIRTS 241058 6/30/2014 PETTY CASH - POLICE DEPT, 6/23/2014 PD- 06/23/14 $75.27 PD- TRACFONE & PREPAID VISA - 241293 7/15/2014 STAPLES BUSINESSADVANTf6 /30/2014 8030415853 $19.26 JUNE 2014 OFFICE SUPPLIES 241024 6/30/2014 M2 INC., 5/9/2014 6854 $162.80 PD- RATCHETING MEDICAL TOURNIQU 6143793 7/1/2014 US BANK, 6/25/2014 JUNE 2014 $595.38 PD- CENTER PUNCH FIRING DEVICE 6143793 7/1/2014 US BANK, 6/25/2014 JUNE 2014 $44.70 PD -GUN CLEANING SUPPLIES 6144759 7/3/2014 US BANK, 6/25/2014 JUNE 2014 $53.66 FWCC -NCR POS SYSTEM FOR CAFE 240982 6/30/2014 GRAINGER INC, 6/4/2014 9457887538 $126.51 FWCC- TILEX, REMOTE BULB SENSOR 240982 613012014 GRAINGER INC, 6/1112014 9464378992 $43.67 FWCC- RECEPTACLE, WALL PLATES 6144759 7/3/2014 US BANK, 6/25/2014 JUNE 2014 $24.83 FWCC- APRONS FOR B -DAY PARTY ST 6144759 7/3/2014 US BANK, 6/25/2014 JUNE 2014 $80.00 PRCS- CAMP /PARTIES /RW &B SUPPLIE 6144759 7/3/2014 US BANK, 6/25/2014 JUNE 2014 $150.44 FWCC -SOUND TO NARROWS PROG. 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FLAGLER TRIP BRIDGE 6144759 7/3/2014 US BANK, 6125/2014 JUNE 2014 $10.50 PRCS- HURRICANE RIDGE TRIP 6144759 7/3/2014 US BANK, 6/25/2014 JUNE 2014 $10.30 PRCS - WHIDBEY ISLAND TRIP FERRY 6144759 7/3/2014 US BANK, 6/25/2014 JUNE 2014 $10.50 PRCS -FT FLAGLER TRIP 241058 6/30/2014 PETTY CASH - POLICE DEPT, 6/23/2014 PD- 06/23/14 $12.20 PD- REIMBURSE PARKING FEES - 241058 6/30/2014 PETTY CASH - POLICE DEPT, 6/23/2014 PD- 06/23/14 $68.00 PD- REIM BURS E:PARKING FEES FOR PD - CLAIMS AUTO $991.69 241042 6/30/2014 NORTHWEST TOWING INC, 5/18/2014 406433 $243.64 LAW -RM PS6173 TOW -Y. SADYKBA 241079 6/30/2014 SETINA MANUFACTURING CO5/30/2014 82827 $702.10 LAW -RM PS6173 WRAP SADYKBAYEV; 241298 7/15/2014 SYSTEMS FOR PUBLIC SAFE16/23/2014 24424 $45.95 LAW -RM -PS 6322 VS. 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VANDERVEER 241162 711512014 CITY OF FEDERAL WAY, 7/14/2014 CK #1123 $265.00 IT -ESRI USER CONK E EARLE 240944 6/30/2014 CITY OF FEDERAL WAY, 6/17/2014 CK #1109 $165.00 PD- WACVEO CVE TRNG M MAIRS POLICE SERVICES- INTGOVT $321,305.12 241282 7/15/2014 SCORE, 6/10/2014 753 $279.37 PD -05/14 PRISONER MEDICAL CARE 241282 7/15/2014 SCORE, 7/1/2014 793 $186,194.94 PD -07/14 SCORE PRISONER LODGIN 241282 7/15/2014 SCORE, 7/1/2014 793 $134,830.81 PD -07/14 SCORE PRISONER LODGIN POSTAGEIDELIVERY SERVICES $1,555.06 241131 7/15/2014 ABC LEGAL MESSENGERS IN 6/30/2014 MMFWA0006130056 $62.92 LAW - MNTHLY SRV CHRG 6/28/14 241103 6/3012014 UNITED PARCEL SERVICE, 6/7/2014 000OF6588V234 $23.61 PD -UPS DELIVERY SVC 240969 6/30/2014 FEDERAL EXPRESS CORPOR.6/13/2014 2- 684 -54156 $28.24 PD -FEDEX DELIVERY SVC 241131 7/15/2014 ABC LEGAL MESSENGERS IN16/30/2014 MMFWA0006130056 $58.08 LAW - MNTHLY SRV CHRG 6/28/14 241059 6/30/2014 PITNEY BOWES PRESORT SV5/31/2014 3936217 $821.85 FI- POSTAGE AND MAIL COURIER SV 241059 6/30/2014 PITNEY BOWES PRESORT SV5/31/2014 3936217 $560.36 FI- POSTAGE AND MAIL COURIER SV PRESCRIPTION SERVICES - CLAIMS $37,165.96 806414 6121/2014 GROUP HEALTH, 6/19/2014 SF00020812 $22,409.95 GROUP HEALTH OPTIONS 06/10/14- 719349 6/20/2014 GROUP HEALTH, 6/20/2014 SF00020811 $511.10 GROUP HEALTH COOP 06/10114-06/ 594929 6/26/2014 GROUP HEALTH, 6/26/2014 SF00020866 $5,399.09 GROUP HEALTH OPTIONS 06/17/14- 653901 6/26/2014 GROUP HEALTH, 6/27/2014 SF00020865 $585.95 GROUP HEALTH COOP 06/17/14 -06/ 7011982 7/7/2014 GROUP HEALTH, 7/8/2014 SF00020921 $352.55 GROUP HEALTH COOP 06/24/14 -06/ 7011985 7/7/2014 GROUP HEALTH, 7/8/2014 SF00020922 $7,907.32 GROUP HEALTH OPTIONS 06124/14 - PRINTINGIPHOTO SERVICES $2,903.26 241025 6/30/2014 MAILMEDIA DBA IMMEDIA, 6/4/2014 65147 $1,323.32 MO- NEIGHBORHOOD CONNECTIONS MA 240996 6/30/2014 KAYE -SMITH BUSINESS GRAF5/31/2014 146266 $663.83 MC- WARRANT OF ARREST FORMS Key Bank Page 31 of 52 Check No. Date Vendor Invoice Date Invoice Description AmountGL Total 241139 7/15/2014 ALPHAGRAPHICS, 6/29/2014 5691 $212.99 MC -JUROR MAILERS 241268 7/15/2014 PRINTERY COMMUNICATION:% /25/2014 140607 $157.41 HR- BUSINESS CARDS 241222 7/15/2014 JOHNSON -COX COMPANY, 6/30/2014 00063376 $136.88 HR- LETTERHEAD 2ND SHEET 241205 7/15/2014 GOS PRINTING CORPORAT1O6 /27/2014 82479 - $192.02 PD-CALEA ASSESSOR NOTEBOOKS 241156 7/15/2014 CASCADE PRINTING DIRECT 6 /10/2014 12998 $216.81 FWCC -GUEST WAIVER FORMS PROFESSIONAL SERVICES $198,919.13 240947 6/30/2014 CODE PUBLISHING COMPANY6 /11/2014 46795 $472.49 CK- CODIFICATION SERVICES 241043 6/3012014 OCCUPATIONAL HEALTH SER'513112014 70000802 $271.00 PD -NEW HIRE PHISICALS 241055 6/30/2014 PETEK, PHD, THOMAS C 5/31/2014 8657 $300.00 PD- PSYCHOLOGICAL EVAL, NEW HIR 241258 7/15/2014 OCCUPATIONAL HEALTH SER6/30/2014 70000802 $344.00 Pd- PRE -EMPL PHYICAL EXAM 240955 6/30/2014 DAVID O DEFENSE PLLC, 6/3/2014 9 $250.00 MO- CONFLICT DEFENDER SVC AG13- 240980 6/30/2014 GOLDEN WOOD, LLP, 6/2/2014 98 $2,890.00 MO- CONFLICT DEFENDER SVC - 241170 7/15/2014 COMTES & ASSOCIATES INC, 4/23/2014 CA 73128 $2,000.00 MO- DIMINISHED CAPACITY EXAM CA 241179 7/15/2014 DAVID O DEFENSE PLLC, 7/1/2014 10 $1,250.00 MO- CONFLICT DEFENDER SVC AG13- 241212 7/15/2014 HAWKINS & CRAWFORD, PLLO/2/2014 JULY 2014 $31,850.00 MO -07114 PUBLIC DEFENDER SVCA 241204 7/15/2014 GOLDEN WOOD, LLP, 7/3/2014 101 $2,880.00 MO- CONFLICT DEFENDER SVC - 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HARDWARE 241207 7/15/2014 GRAINGER INC, 6/27/2014 9478634372 $104.25 PKM - FILTER /REGULATOR /LUBRICATO 241040 6/30/2014 NEW LUMBER & HARDWARE (6 /6/2014 280035 $87.70 PWST- FLOWER BASKET HANGERS $15,098.03 Key Bank Page 38 of 52 Check No. Date Vendor Invoice Date Invoice Description AmountGL Total 241040 6/30/2014 NEW LUMBER & HARDWARE (6/10/2014 280119 $6.89 PWST- SCREWS FOR BOARDING UP HO 241048 6/30/2014 ORIENTAL GARDEN CENTER, 6/16/2014 64245 $16.75 PWST -LINE FOR WEED EATERS 241040 6/3012014 NEW LUMBER & HARDWARE (4 /22/2014 278982 $26.09 PWST - SWIVEL SAFETY HINGE 241040 6/30/2014 -NEW LUMBER & HARDWARE (5/27/2014 279795 $14.07 PWST - FLOWER BASKET HOOKS 241040 6130/2014 NEW LUMBER & HARDWARE (5129 /2014 279852 $3.93 PWST- STARTING FUEL FOR WATER P 241300 7/15/2014 TACOMA SCREW PRODUCTS 6/18/2014 13966947 $3.35 PWST- CARRIAGE BOLTS 241236 7/15/2014 LOWE'S HIW INC, 6/2012014 02156 $3.09 PWST- MEASURE CUPS 241254 7/15/2014 NEW LUMBER & HARDWARE (6/24/2014 280407 $12.23 PWST - DIRTEX SPRAY CLEANER,WD40 241254 7/15/2014 NEW LUMBER & HARDWARE (6 /25/2014 280462 $32.47 PWST- MARKING PAINT 241300 7/15/2014 TACOMA SCREW PRODUCTS 6/26/2014 13967714 $66.24 PWST -FENCE REPAIR SUPPLIES 241254 7/15/2014 NEW LUMBER & HARDWARE (6/27/2014 280522 $10.83 PWST- SCREWS FOR PLYWOOD 241254 7/15/2014 NEW LUMBER & HARDWARE O /1/2014 K80593 $26.00 PWST- PLYWOOD 240963 6/30/2014 EJ USA, INC, 6/7/2014 3699244 $4,826.07 SWM -320TH RESTORATION RISERS 241040 6/30/2014 NEW LUMBER & HARDWARE (6 /13/2014 280214 $30.00 SWM- GRAFFITI SUPPLIES 241092 6/30/2014 SUPERLON PLASTICS INC, 5/28/2014 14F1230 $135.19 SWM- CONCRETE MIX 241081 6/30/2014 SHOPE CONCRETE PRODUC -6/2/2014 9948242 $106.87 SWM -CATCH BASIN & GRATE 241140 7/15/2014 ALPINE PRODUCTS INC, 6/17/2014 TM- 140834 $70.68 SWM- MARKING PAINT 241236 7/15/2014 LOWE'S HIW INC, 6/30/2014 01117 $54.20 SWM 241254 7/15/2014 NEW LUMBER & HARDWARE (6/30/2014 280554 $18.59 SWM -4 PK D ALKALINE BATTERY 241254 7/15/2014 NEW LUMBER & HARDWARE (7/2 /2014 280625 $23.65 SWM- COARSE DRYWALL, EXT CORD 241254 7/15/2014 NEW LUMBER & HARDWARE (7 /2/2014 K80610 $9.34 SWM- FEBREZE /SCREWSIBOLTS 241215 7/15/2014 HOME DEPOT -DEPT 32- 250076/27/2014 JUNE 2014 $117.33 DBC- PLYWOOD, DOOR PULL, HOOK/E 240953 6/30/2014 D & L SUPPLY AND MFG., INC,6/5/2014 297451 $297.73 FWCC- SHOWER SPINDLE 241047 6/30/2014 ORCA PACIFIC INC, 6/6/2014 9530 $576.13 FWCC -POOL CHEMICAL SVC AG13 -00 240982 6/30/2014 GRAINGER INC, 6/10/2014 9462725590 $24.45 FWCC- CONNECTOR, BRASS 240967 6/30/2014 EWING IRRIGATION PRODUC "6/12/2014 8185727 $344.80 FWCC- IRRIGATION PARTS Key Bank Page 39 of 52 Check No. Date Vendor Invoice Date Invoice Description AmountGL Total 241047 6/30/2014 ORCA PACIFIC INC, 6/13/2014 9674 $703.86 FWCC -POOL CHEMICAL SVC AG13 -00 240989 6/30/2014 HURLEY ENGINEERING COMF5/15/2014 35584 $1,185.53 FWCC- BALDOR MOTOR 240982 6130/2014 GRAINGER INC, 612/2014 9455744293 $132.35 FWCC - BATTERIES, COTTER PINS 241207 7/15/2014 GRAINGER INC, 6/16/2014 9467874153 $150.91 FWCC -DUCT TAPE, RETAINING COMP 241262 7/15/2014 ORCA PACIFIC INC, 6/19/2014 9809 $824.26 FWCC -POOL CHEMICAL SVC AG13 -00 240995 6/30/2014 KAMAN INDUSTRIALTECHNO6 /2/2014 V218478 $55.14 DBC- FLANGED BALL BEARINGS 240953 6/30/2014 D & L SUPPLY AND MFG., INC,6/5/2014 297448 $101.91 DBC -SINK REPAIR MATERIAL 241117 6/30/2014 WALKER ACE HARDWARE, 6/10/2014 007269 $11.52 DBC -DRILL BIT, NUT DRIVER 241022 6/30/2014 LOWE'S HIW INC, 4/24/2014 08239 $10.38 DBC -MAINT /REPAIR SUPPLIES 241022 6/30/2014 LOWE'S HIW INC, 4/24/2014 08241 $3.66 DBC - MAINT /REPAIR SUPPLIES 241236 7/15/2014 LOWE'S HIW INC, 6/20/2014 10654 $146.99 DBC- EXTENSION CORD, PRO GRIP W 241215 7/15/2014 HOME DEPOT -DEPT 32- 250076/27/2014 JUNE 2014 $49.36 DBC -BASIN WRENCH, SEAL KIT /BAT 241215 711512014 HOME DEPOT -DEPT 32-25007612712014 JUNE 2014 $4.35 DBC - MAINT /R EPAIRSU PPLIES 241215 7/15/2014 HOME DEPOT -DEPT 32- 250076/27/2014 JUNE 2014 $16.80 DBC -NUT WASHERS, PVC PIPE 241254 7/15/2014 NEW LUMBER & HARDWARE (6/6/2014 280033 $8.74 PARKS -- SOCKET ADAPTERS 241300 7115/2014 TACOMA SCREW PRODUCTS 6/9/2014 30534834 $216.05 PARKS -LOK -BOLTS 241190 7/15/2014 EWING IRRIGATION PRODUC "6/18/2014 8219969 $164.10 PKM- IRRIGATION REPAIRS 241254 7/1512014 NEW LUMBER & HARDWARE (6123 /2014 280367 $19.69 PARKS - BORING BIT 241215 7/15/2014 HOME DEPOT -DEPT 32- 250076/27/2014 JUNE 2014 $126.78 PARKS- ADHESIVE, COMPOSITE SHIM REPAIR PARTS $5,450.75 6143793 7/1/2014 US BANK, 6/25/2014 JUNE 2014 $63.75 PD- IMPACT SOCKET SET 6143793 7/1/2014 US BANK, 6/25/2014 JUNE 2014 $34.69 PD- VEHICLE MAINT. SUPPLIES 6143793 7/1/2014 US BANK, 6/25/2014 JUNE 2014 $127.60 PD -KEYS FOR TAHOES 6143793 7/1/2014 US BANK, 6/25/2014 JUNE 2014 $119.12 PD- SEATBELT CLIPS 6143793 7/1/2014 US BANK, 6/25/2014 JUNE 2014 $394.20 PD -BIKE HITCH 6143793 7/1/2014 US BANK, 6/25/2014 JUNE 2014 $90.38 PD -AIR FRESHNERS Key Bank Page 40 of 52 Check No. Date Vendor Invoice Date Invoice Description AmountGL Total 240982 6/30/2014 GRAINGER INC, 6/412014 9457887538 $167.00 FWCC- TILEX, REMOTE BULB SENSOR 240989 6/30/2014 HURLEY ENGINEERING COMF6/6/2014 35698 $719.69 FWCC- BOILER ROOM MAINT SUPPLI 241029 6/30/2014 MCMASTER -CARR, 6/10/2014 88861773 $28.36 FWCC- LOW.- FRICTION FLAT WASHERS 240900 - 6/30/2014 ACCURATE INDUSTRIES INC, 5/22/2014 257584 $881.61 FWCC- BOILER ELEMENTS 240989 6/30/2014 HURLEY ENGINEERING COMF5/22/2014 35630 $1,369.49 FWCC- BOILER MOTOR 240900 6/30/2014 ACCURATE INDUSTRIES INC, 5123/2014 257585 $42.36 FWCC - BOILER ROOM MAINT SUPPLI 241022 6/3012014 LOWE'S HIW INC, 5/21/2014 01503 $108.02 FWCC -RING TERMINALS, EXTENSION 241134 7/15/2014 ADVANCED PRO FITNESS REI6/26/2014 06261408E $56.94 FWCC- FITNESS EQUIP. SVCAG11 -1 241096 6/30/2014 THE FAB SHOP LLC, 6/10/2014 20690 $1,039.68 PWFLT - REPAIR WINCH MOTOR 241096 6/30/2014 THE FAB SHOP LLC, 6/16/2014 20716 $207.86 PWFLT- REPAIR STELLAR CRANE REPAIRS AND MAINTENANCE $310,567.14 240950 6/30/2014 COPIERS NORTHWEST INC, 6/12/2014 INV1050621 $1,005.65 IT -05/14 COPIERS /PRINTERS MAIN 241284 7/15/2014 SHARP BUSINESS SYSTEMS, 7 /8/2014 C807061 -701 $23.98 IT- COPIER RPR, MNT, SUP 241120 6/30/2014 WASHINGTON TRACTOR INC,6/3/2014 471203 $1,728.50 PWFLT -BLADE SET & KIT 240958 6/30/2014 EAGLE TIRE &AUTOMOTIVE (6/4/2014 1 -8373 $1,429.44 PWFLT -SWAY BARS, FRONT SPRINGS 240975 6/30/2014 FREEWAY TRAILER SALES IN(6/5/2014 122768 $45.28 PWFLT- TRAILER LIGHT KIT 241036 6/30/2014 NAPA AUTO PARTS, 6/5/2014 284293 $123.15 PWFLT - POWERATED BELT 240978 6/30/2014 G &M HONEST PERFORMANCI6 /6/2014 175882 $14.10 PWFLT - ELECTRICAL TAPE, VINYL 241051 6/30/2014 PACIFIC POWER PRODUCTS, 6/6/2014 6392293 -00 $66.74 PWFLT -CLEAN BRAKES 240958 6/30/2014 EAGLE TIRE &AUTOMOTIVE (6/7/2014 1 -8427 $55.79 PWFLT -OLF 240958 6/30/2014 EAGLE TIRE & AUTOMOTIVE (617/2014 1 -8428 $55.79 PWFLT -OLF 240958 6/30/2014 EAGLE TIRE &AUTOMOTIVE (6/7/2014 1 -8430 $44.30 PWFLT -OLF 240958 6/30/2014 EAGLE TIRE & AUTOMOTIVE (61912014 1 -8441 $74.38 PWFLT -OLF 241126 6/30/2014 WILLIAMS OIL FILTER SVC 006/11/2014 119346 $34.83 PWFLT - HYDRAULIC SPIN & FLTR EL 241119 6/30/2014 WASHDUP, LLC, 6111/2014 61114 $519.85 PWFLT -CAR WASH SERVICES 240981 6/30/2014 GOSNEY MOTOR PARTS, 6/11/2014 615496 $29.55 PWFLT -FLOOR MAT Key Bank Page 41 of 52 Check No. Date Vendor Invoice Date Invoice Description AmountGL Total 241120 6/30/2014 WASHINGTON TRACTOR INC,6/13/2014 484737 $81.03 PWFLT -V -BELT 240958 6/30/2014 EAGLE TIRE & AUTOMOTIVE (6/16/2014 1 -8545 $55.79 PWFLT -OLF 241096 6/30/2014 THE FAB SHOP LLC, 6/16/2014 20715 $207.86 PWFLT- REPAIR STELLAR CRANE 241051 6/30/2014 PACIFIC POWER PRODUCTS, 6/17/2014 6392295 -00 $209.88 PWFLT- COOLANT 240908 6/30/2014 AMB TOOLS & EQUIPMENT C(6118/2014 T300645 $167.37 PWFLT- PRESSURE WASHER SWIVEL 241096 6/30/2014 THE FAB SHOP LLC, 2/10/2014 20126 $416.10 PWFLT- REPAIR TRUCK ELECTRIC PU 241018 6/30/2014 LES SCHWAB TIRE CTRS OF \5/20/2014 37800125781 $21.35 PWFLT -FLAT REPAIR 241122 6/30/2014 WESTERN EQUIPMENT DISTF5/27/2014 752156.2 $85.00 PWFLT - NEUTRAL SAFETY SWITCH 241088 6/30/2014 SPEEDY GLASS -TACOMA, 6/2/2014 9172 - 1284887 $217.91 PWFLT - VEHICLE WINDSHIELD REPAI 241096 6/30/2014 THE FAB SHOP LLC, 6/19/2014 20731 $125.81 PWFLT- INSTALL PENNDENT PLUG 241137 7/15/2014 AIR EMISSIONS, 6/14/2014 140604 $1,365.00 PWFLT- VEHICLE EMISSION TEST /RE 241141 7/15/2014 AMB TOOLS & EQUIPMENT C(4/15/2014 T299866 $310.60 PWFLT -OLF, OIL PUMP, SPARK PLU 241206 7!1512014 GOSNEY MOTOR PARTS, 6/16/2014 615962 $109.13 PWFLT -V -BELT 241182 7/15/2014 EAGLE TIRE & AUTOMOTIVE (6/18/2014 1 -8566 $200.98 PWFLT- CHARGING SYS CHK, BATTER 241292 7/15/2014 STANDARD PARTS TACOMA/F6 /20/2014 326057 $84.97 PWFLT- BATTERY 241182 7/15/2014 EAGLE TIRE & AUTOMOTIVE (6/21/2014 1 -8604 $354.51 PWFLT- BRAKES 241263 7/15/2014 PAPE MACHINERY INC, 6/25/2014 2326674 $548.55 PWFLT- REPAIR ROD END OF BUCKET 241182 7/1512014 EAGLE TIRE & AUTOMOTIVE (612712014 1 -8692 $403.57 PWFLT -DOOR ACTUATORS, MOTOR 241182 7/15/2014 EAGLE TIRE & AUTOMOTIVE (6/28/2014 1 -8702 $48.13 PWFLT -OLF 241182 7/15/2014 EAGLE TIRE & AUTOMOTIVE (6/28/2014 1 -8703 $55.79 PWFLT -OLF 241182 7/15/2014 EAGLE TIRE &AUTOMOTIVE (6/28/2014 1 -8711 $48.13 PWFLT -OLF 241182 7/15/2014 EAGLE TIRE & AUTOMOTIVE (7/2/2014 1 -8757 $1,077.54 PWFLT -8 TIRES, BAL, VALVE STEM 241182 7/1512014 EAGLE TIRE & AUTOMOTIVE (7/9 /2014 1 -8784 $486.16 PWFLT -4 TIRES, BALANCE, STEMS 241182 7/15/2014 EAGLE TIRE & AUTOMOTIVE (7/9/2014 1 -8785 $111.71 PWFLT -OLF 241182 7/15/2014 EAGLE TIRE & AUTOMOTIVE (7/9/2014 1 -8787 $48.13 PWFLT -OLF 241129 6/30/2014 WRIGHT ROOFING INC, 6/11/2014 11086 $33,837.52 PKM -ROOF MAINTENANCE SVC AG11- Key Bank Page 42 of 52 Check No. Date Vendor Invoice Date Invoice Description AmountGL Total 241248 7/15/2014 MORRIS HANSEN ENTERPRIE5 /27/2014 42752 $603.00 CHB- WINDOW CLEANING SVCS 241184 7/15/2014 EMPIRE FACILITY SERVICES 17/2/2014 30175 $493.05 CHB- CUBICLE PARTITIONS 241099 6/30/2014 TOTAL LANDSCAPE CORP, 6/15/2014 59479 $5,666.63 PKM -06/14 LANDSCAPE MAINT. -SVC 241108 6/30/2014 VADIS NORTHWEST, 5/31/2014 19887 $4,166.15 SWR -05/14 LITTER CONTROLAG07- 241218 7/15/2014 ICON MATERIALS INC, 6/26/2014 AG14 -060 #3 $166,267.00 PWST -2014 ASPHALT OVERLAY - 240905 6/30/2014 ALLAROUND FENCE COMPAW /11/2014 6205 $5,546.18 SWM -FENCE REPAIR SVC AG14 -094- 240940 6/30/2014 CERIUM NETWORKS INC, 5/30/2014 039498 $444.70 IT -05/14 PHONE/VOICE MAIL SYST 241158 7/15/2014 CERIUM NETWORKS INC, 6/23/2014 039997 $444.70 IT -06/14 PHONE/VOICE MAIL SYST 240966 6/30/2014 EVERSON'S ECONO -VAC INC,6/9/2014 073043 $3,700.00 SWM - INFRASTRUCTURE MAINTAGI3- 241108 6/30/2014 VADIS NORTHWEST, 5/31/2014 19887 $128.85 SWR -05/14 LITTER CONTROLAG07- 241107 6/30/2014 UTILITIES UNDERGROUND, 5/31/2014 4050129 $319.92 SWM - LOCATING SVC AG13 -018- 240901 6/30/2014 ACTION SERVICES CORPORP5/31/2014 81211 $4,672.32 PWST -05/14 STREET SWEEP SVC AG 241189 7/15/2014 EVERSON'S ECONO -VAC INC,612012014 073122 $911.59 SWM- INFRASTRUCTURE MAINTAG13- 241069 6/30/2014 RICOH USA, INC, 6/5/2014 5031054512 $42.43 FI -06/14 COPIERS /FAX MACHINES 240950 6/30/2014 COPIERS NORTHWEST INC, 6/12/2014 INV1050621 $442.49 IT -05/14 COPIERS /PRINTERS MAIN 241001 6/30/2014 KING COUNTY RADIO, 5/20/2014 00437995 $105.25 IT -PD RADIO MAINT /REPAIR 241001 6/30/2014 KING COUNTY RADIO, 5/20/2014 00438028 $273.75 IT -PD RADIO MAINT /REPAIR 240940 6/30/2014 CERIUM NETWORKS INC, 5/30/2014 039498 $494.11 IT -05/14 PHONE/VOICE MAIL SYST 241158 7/15/2014 CERIUM NETWORKS INC, 6/23/2014 039997 $494.11 IT -06/14 PHONE/VOICE MAIL SYST 240950 6/30/2014 COPIERS NORTHWEST INC, 6112/2014 INV1050621 $1,367.67 IT -05/14 COPIERS /PRINTERS MAIN 241079 6/30/2014 SETINA MANUFACTURING CO1/30/2014 76977 $117.21 PD- SIDEPLATE MOUNT, LED LIGHT 241079 6/30/2014 SETINA MANUFACTURING CO2/12/2014 77596 $- 117.21 PD- RETURN SIDEPLATE MOUNT, LED 241097 6/30/2014 THE LARSON AUTOMOTIVE G6/4/2014 DOCS343085 $110.00 PD- INSPECTION TRANSMISSION 241094 6/30/2014 SYSTEMS FOR PUBLIC SAFE16 /5/2014 24337 $ -80.00 PD- CREDIT FOR BILLING ERROR 24 241087 6/30/2014 SPARKS CAR CARE, 6/6/2014 35477 $1,235.46 PD -OLF, BRAKES, FRICTION MODIF 240988 6/30/2014 HINSHAWS MOTORCYCLE, 6/7/2014 96008089 $2,531.36 PD- WIRING REPAIRS Key Bank Page 43 of 52 Check No. Date Vendor Invoice Date Invoice Description AmountGL Total 241087 6/30/2014 SPARKS CAR CARE, 6/9/2014 35221 $182.98 PD -OLF, DOOR MIRROR GLASS 241087 6/30/2014 SPARKS CAR CARE, 6/9/2014 35491 $35.89 PD -OLF 241087 6/30/2014 SPARKS CAR CARE, 6/9/2014 35492 $63.73 PD -OLF 241087 6/30/2014 SPARKS CAR CARE, 6/9/2014 35495 $294.53 PD- BATTERY 240920 6/30/2014 AUBURN VOLKSWAGEN, 6/10/2014 142656 $120.00 PD- VEHICLE CLEANING SVC 241087 6/30/2014 SPARKS CAR CARE, 6/10/2014 35336 $40.90 PD -OLF 241087 6/30/2014 SPARKS CAR CARE, 6/10/2014 35479 $873.50 PD- BRAKES, ROTORS, CALIPERS 241087 6/30/2014 SPARKS CAR CARE, 6/10/2014 35496 $141.64 PD -OLF 241087 6/30/2014 SPARKS CAR CARE, 6/10/2014 35509 $42.87 PD -OLF 241087 6/30/2014 SPARKS CAR CARE, 6/10/2014 35511 $1,090.73 PD- BRAKES, ROTORS, CALIPERS, - 241087 6130/2014 SPARKS CAR CARE, 6/10/2014 35515 $38.89 PD -OLF 241087 6/30/2014 SPARKS CAR CARE, 6/11/2014 35517 $41.01 PD -OLF 241087 6/30/2014 SPARKS CAR CARE, 6/11/2014 35519 $69.46 PD -MOUNT & BALANCE NEW TIRES 241087 6/30/2014 SPARKS CAR CARE, 6/11/2014 35520 $34.98 PD -OLF 240921 6/30/2014 AUTO ADDITIONS, INC, 6/11/2014 IN0011898 $876.00 PD -SWAP OUTALPR SYSTEM 241087 6/30/2014 SPARKS CAR CARE, 6/12/2014 35505 $373.97 PD -OLF, WIPER BLADES, WASHER N 241087 6/30/2014 SPARKS CAR CARE, 6/12/2014 35522 $406.85 PD -OLF, ROTOR, BRAKE PADS 241087 6/30/2014 SPARKS CAR CARE, 6/1212014 35529 $32.85 PD- REPAIR FLAT TIRE 241087 6/30/2014 SPARKS CAR CARE, 6/13/2014 35530 $65.70 PD- INSPECT BRAKES 241087 6/30/2014 SPARKS CAR CARE, 6/13/2014 35534 $40.99 PD -OLF 241087 6/30/2014 SPARKS CAR CARE, 6/13/2014 35536 $48.45 PD -OLF 241087 6/30/2014 SPARKS CAR CARE, 6/16/2014 35527 $997.32 PD -RACK & PINION & TIE ROD END 241087 6/30/2014 SPARKS CAR CARE, 6/16/2014 35547 $105.12 PD -SCAN CHECK ENGINE LIGHT 241094 6/30/2014 SYSTEMS FOR PUBLIC SAFE - 6/17/2014 24030 $447.99 PD- CHARGE GUARD 241094 6/30/2014 SYSTEMS FOR PUBLIC SAFE-6/17/2014 24210 $1,417.77 PD- REPLACE PUSH BUMPER 241094 6/30/2014 SYSTEMS FOR PUBLIC SAFE16 /17/2014 24330 $275.69 PD- INSTALL PUSH BAR Key Bank Page 44 of 52 Check No. Date Vendor Invoice Date Invoice Description AmountGL Total 241087 6/30/2014 SPARKS CAR CARE, 6/17/2014 35535 $1,386.26 PD -OLF, BRAKES, WHEEL SEAL 240920 6/30/2014 AUBURN VOLKSWAGEN, 6/18/2014 143106 $120.00 PD- VEHICLE CLEANING SVC 241087 6/30/2014 SPARKS CAR CARE, 6/18/2014 35548 $863.72 PD- OLF,BRAKES, THERMOSTAT 241087 6/30/2014 SPARKS CAR CARE, 611812014 35561 $808.09 PD- OLF,BRAKES 241087 6/30/2014 SPARKS CAR CARE, 6/18/2014 35567 $48.45 PD -OLF 241087 6/30/2014 SPARKS CAR CARE, 6/18/2014 35570 $99.81 PD- RECHARGE A/C SYSTEM 240993 6/30/2014 JET CHEVROLET, 6118/2014 CTCS173016 $88.70 PD- DIAGNOSIS CHECK ENGINE LIGH 241087 6/30/2014 SPARKS CAR CARE, 4/28/2014 35205 $255.11 PD -TEST CHARGING SYSTEM 240919 6/30/2014 AUBURN VALLEY TOWING, 5/12/2014 70670 $165.34 PD- VEHICLE TOW SVC 241097 6/30/2014 THE LARSON AUTOMOTIVE G5/23/2014 DOCS342577 $715.52 PD- TRANSMISSION REPAIRS 240920 6/30/2014 AUBURN VOLKSWAGEN, 5/27/2014 141813 $90.00 PD- VEHICLE CLEANING SVC 241118 6/30/2014 WASHDUP, LLC, 5/31/2014 137 $759.28 PD -05/14 CAR WASH SERVICE 241087 6/30/2014 SPARKS CAR CARE, 6/2/2014 35435 $37.99 PD -OLF 241087 6/30/2014 SPARKS CAR CARE, 6/2/2014 35436 $332.77 PD -OLF, TRANSMISSION CLEANER 241087 6/30/2014 SPARKS CAR CARE, 6/19/2014 35560 $1,281.09 PD -OLF, BRAKES, BATTERY, NEWT 241097 6/30/2014 THE LARSON AUTOMOTIVE G6/19/2014 DOCS343881 $368.00 PD -CLEAN GEAR SHIFT LEVER 241094 6/30/2014 SYSTEMS FOR PUBLIC SAFE16/23/2014 24405 $160.82 PD -CHECK & REPLACE SIREN AMP 241087 6/30/2014 SPARKS CAR CARE, 6/23/2014 35594 $98.55 PD -TEST BATTERY, COOLANT SYSTE 241087 6/30/2014 SPARKS CAR CARE, 6/23/2014 35600 $774.87 PD- BRAKES, OLF 241087 6/3012014 SPARKS CAR CARE, 6123/2014 35605 $48.45 PD -OLF 241087 6/30/2014 SPARKS CAR CARE, 6/23/2014 35607 $39.18 PD -WIPER BLADES 241301 7/15/2014 TAC -SOUTH BOUND HONDA, 6/12/2014 2072627 $426.66 PD -REPLC MAP SENSOR, TIRES 241289 7/15/2014 SPARKS CAR CARE, 6/24/2013 35613 $48.45 PD -OLF 241155 7/15/2014 CAR WASH ENTERPRISES, 5/31/2014 1669 $45.00 PD- VEHICLE CLEANING SVC 241289 7/15/2014 SPARKS CAR CARE, 6/19/2014 35551 $154.79 PD -REMV /REPLC PWR STEERING HOS 241148 7115/2014 AUBURN VOLKSWAGEN, 6/23/2014 143338 $120.00 PD- VEHICLE CLEANING SVC Key Bank Page 45 of 52 Check No. Date Vendor Invoice Date Invoice Description AmountGL Total 241281 7/1512014 SCARFF FORD, 6/23/2014 C42100 $867.08 PD -REPLC ABS SENSORS, OLF, HOS 241289 7/15/2014 SPARKS CAR CARE, 6/24/2014 35615 $42.87 PD -OLF 241289 7/15/2014 SPARKS CAR CARE, 6/24/2014 35616 $40.90 PD -OLF 241289 7/15/2014 SPARKS CAR CARE, 6/25/2014 35627 $133.59 PD -4 WHEELALIGNM, MNT & BAL 241289 7/15/2014 SPARKS CAR CARE, 6/30/2014 35649 $48.45 PD -OFL 241289 7/1512014 SPARKS CAR CARE, 7/1/2014 35603 $1,445.52 PD -RPLC INTAKE MANIFOLD, THERM 241289 7/1512014 SPARKS CAR CARE, 7/1/2014 35660 $43.58 PD -OLF 241289 7/15/2014 SPARKS CAR CARE, 7/1/2014 35661 $40.99 PD -OLF 241289 7/15/2014 SPARKS CAR CARE, 7/1/2014 35662 $43.58 PD -OFL 241214 7/15/2014 HINSHAW S MOTORCYCLE, 71212014 96013021 $444.89 PD -TUNE AND SERVICE, OLF 241298 7/15/2014 SYSTEMS FOR PUBLIC SAFE17 /3/2014 24459 $43.76 PD- REPLACE MICROPHONE 241298 7/15/2014 SYSTEMS FOR PUBLIC SAFE77 /3/2014 24488 $43.76 PD -CHECK SIREN & EMERG. LIGHTS 241298 7/15/2014 SYSTEMS FOR PUBLIC SAFET7 /3/2014 24491 $22.97 PD- MICROPHONE CHECK 241289 7/15/2014 SPARKS CAR CARE, 7/3/2014 35671 $257.27 PD -SFTY INSP /BATTERY REPLCMNT 241208 7/15/2014 GREEN EFFECTS, INC, 7/212014 45950 $2,186.28 FWCC -06/14 LAN DSCAPI NG AG08-06 241240 7/15/2014 MAACO AUTO PAINTING & B06/13/2014 37553 $695.17 PD- VEHICLE PAINTING SVCS 240950 6/30/2014 COPIERS NORTHWEST INC, 6/12/2014 INV1050621 $40.23 IT -05/14 COPIERS /PRINTERS MAIN 241069 6/30/2014 RICOH USA, INC, 6/5/2014 5031054512 $4.82 FI -06/14 COPIERS /FAX MACHINES 240950 6/30/2014 COPIERS NORTHWEST INC, 6/12/2014 INV1050621 $80.45 IT -05/14 COPIERS /PRINTERS MAIN 240940 6/30/2014 CERIUM NETWORKS INC, 5/30/2014 039498 $49.41 IT -05/14 PHONENOICE MAIL SYST 241158 7/15/2014 CERIUM NETWORKS INC, 6/23/2014 039997 $49.41 IT -06/14 PHONENOICE MAIL SYST 241098 6/30/2014 THUNDERING OAK ENTERPR16 /16/2014 7124 $2,091.45 PKM -TREE SERVICE AG11 -003 240967 6/30/2014 EWING IRRIGATION PRODUC -6 /4/2014 8158071 $376.13 PWST- IRRIGATION MATERIAL 240967 6/30/2014 EWING IRRIGATION PRODUC-6 /5/2014 8141298 $356.27 PWST - BACKFLOW FOR IRRIGATION 241022 6/30/2014 LOWE'S HIW INC, 6/10/2014 01134 $12.89 PWFLT- FLOWER BASKET WATERING S 241124 6/30/2014 WILBUR -ELLIS COMPANY, 6/11/2014 8144293 $153.12 PWST- FERTILIZER Key Bank Page 46 of 52 Check No. Date Vendor Invoice Date Invoice Description AmountGL Total 240967 6/3012014 EWING IRRIGATION PRODUC-5 /30/2014 8103559 $146.78 PWST- CLOCK,SELENOIDS FOR IRRIG 241128 6/30/2014 WINDMILL GARDENS, 5/31/2014 2014 BASKETS $6,488.83 PWST -140 BASKET PLANTINGS IN' 241307 7/15/2014 TOTAL LANDSCAPE CORPOR 5/31/2014 59552 $12,069.53 PWST -2014 ROW LANDSCAPING AG13 241328 7/15/2014 WILBUR -ELLIS COMPANY, 6/23/2014 8194233 $153.12 PWST- FERTILIZER 241099 6/30/2014 TOTAL LANDSCAPE CORP, 5/30/2014 59285 $1,587.75 DBC- LANDSCAPE MAINT SVC. AG13 241099 6/30/2014 TOTAL LANDSCAPE CORP, 5131/2014 59324 $1,149.75 DBC -05/14 LANDSCAPE MAINT. SVC 241216 7/15/2014 HURLEY ENGINEERING COMF6/24/2014 35755 $181.77 DBC- BOILER INSPECTION 241291 7/15/2014 SPRAGUE PEST CONTROL, 6/30/2014 2343016 $370.55 DBC- FACILITIES PEST CONTROL SV 241069 6/30/2014 RICOH USA, INC, 6/5/2014 5031054512 $49.17 FI -06/14 COPIERS /FAX MACHINES 240950 6/30/2014 COPIERS NORTHWEST INC, 6/12/2014 INV1050621 $1,086.10 IT -05/14 COPIERS /PRINTERS MAIN 240936 6/3012014 CASCADE ENGINEERING SER6/3/2014 ML- 14060307930 $75.59 PD- ANNUAL RADAR CALIBRATION SV 240936 6/30/2014 CASCADE ENGINEERING SER5/30/2014 ML- 14053007924 $2,350.00 PD- ANNUAL RADAR CALIBRATION SV 241028 6/30/2014 MCDONOUGH & SONS INC, 6/10/2014 194271 $127.46 PKM- PARKING LOT CLEANINGAGI3- 241269 7/15/2014 PRO TOUCH AUTO INTERIOR 6/6/2014 21758 $269.37 PKM- REPAIR FOAM TOP & BOTTOMS 241208 7115/2014 GREEN EFFECTS, INC, 6/2/2014 45552 $2,731.85 FWCC -05/14 LANDSCAPINGAG08 -06 241243 7/15/2014 MCDONOUGH & SONS INC, 6/23/2014 194561 $925.17 PKM -06/14 PARKING LOT CLEANING 241000 6/30/2014 KING COUNTY FINANCE DIVISI/30/2014 42486 -42497 $2,078.57 PD -05114 DISC INV. SAFE CITY 241070 6/30/2014 ROTO- ROOTER SERVICE CO,6/6/2014 06917892122 $814.71 PARKS - PLUMBING SVC - BROOKLAKE 241030 6/30/2014 MERRY MAKERS, INC, 6/21/2004 JULY 12, 2014 $1,691.52 PARKS- TOWNSQUARE GRAND OPENING 241149 7/1512014 BARRY'S TRUCKING & LANDS7 /1/2014 583306 $2,573.25 PKM -ON CALL LANDSCAPING SVC AG 240982 6/30/2014 GRAINGER INC, 5/30/2014 9454403669 $175.09 PARKS -CHOP SAW 240982 6/30/2014 GRAINGER INC, 5/30/2014 9454455750 $49.09 PARKS - CUTTING WHEEL RETAINAGE PAYABLE- ESCROW $43,157.24 240948 6/30/2014 COLUMBIA STATE BANK, 5/7/2014 AG 13-102 #10 $- 1,027.88 PWST -21 ST @ 336TH IMPROVEMENT 240948 6/30/2014 COLUMBIA STATE BANK, 6/23/2014 AG13 -102 #11 $- 12,129.36 PWST -21ST @ 336TH IMPROVEMENT ROAD SVCS /PERMITS - INTGVT $192,502.72 241000 6/30/2014 KING COUNTY FINANCE DIVI£4/30/2014 42486 -42497 $1,992.42 PWTST -05/14 DISC INV. 2014 OVE Key Bank Page 47 of 52 Check No. Date Vendor Invoice Date Invoice Description AmountGL Total 241000 6/30/2014 KING COUNTY FINANCE DIVI£4/30/2014 440934 -40948 $193.66 PWST -04/14 2014 OVERLAY 241314 7/15/2014 WA STATE DEPT OF TRANSPC6 /1012014 RE- 313- ATB40610140 $115.84 PWST- ENGINEERING CONSULT. SVC 241000 6/30/2014 KING COUNTY FINANCE DIVI:4/30/2014 440934 -40948 $47.99 PWST -04/14 LAKOTA SRTS 241000 6/30/2014 KING COUNTY FINANCE DIVIS413012014 42486 -42497 $16,646.29 PWST -05/14 DISC INV 21 ST @ 33 241000 6/30/2014 KING COUNTY FINANCE DIVIc4/30/2014 440934 -40948 $3,000.11 PWST -04/14 21 STAVE @ 336TH 241000 6/30/2014 KING COUNTY FINANCE DIVI:4/30/2014 42486 -42497 $905.15 PWST -05/14 DISC INV. S 320TH @ 241000 6/30/2014 KING COUNTY FINANCE DIVI£4/30/2014 440934 -40948 $255.17 PWST -04/14 SIP -SR99 - 320TH -33 241000 6/30/2014 KING COUNTY FINANCE DIVI£4/30/2014 42486 -42497 $1,131.46 SWM -05114 DISC INV. S 356TH DE 240999 6/30/2014 KING COUNTY D.O.T., 5/7/2014 2032124 $4,719.82 PVVTR- COMMUTE TRIP REDUCTION PR 241000 6/30/2014 KING COUNTY FINANCE DIVIE2/28/2014 18544 -18607 $36,902.74 PWTR -02/14 BSC SIGN /MRKNGS MTN 241000 6/30/2014 KING COUNTY FINANCE DIVI:4/30/2014 41098 -41154 $40,072.78 PV VTR-04/14 BSC SIGN /MRKNGS MTN 241000 6/30/2014 KING COUNTY FINANCE DIVI£4/30/2014 42486 -42497 $2,893.31 PVVrR -05/14 DISC INV. TRFFC- 241000 6/30/2014 KING COUNTY FINANCE DIVI£4/30/2014 440934 -40948 $10,490.77 PWTR -04/14 DISC INVOICE TRFFC- 241000 6/30/2014 KING COUNTY FINANCE DIVI£4130/2014 440934 -40948 $4,804.00 PWTR -04/14 DISC INVOICE NTS /SC 241000 6/30/2014 KING COUNTY FINANCE DIVI:5/30/2014 42630 -42681 $46,973.28 PVVTR -05/14 BSC SIGN /MRKNGS MTN 241000 6/30/2014 KING COUNTY FINANCE DIVIr4/30/2014 42486 -42497 $17,118.09 PVVTR- 05/14/14 DISC INV. ONE TI 241000 6/30/2014 KING COUNTY FINANCE DIVI54/30/2014 440934 - 40948 $4,239.84 PWTR -04/14 DISC INVOICE CARRYO ROADWAYS $276,767.68 241218 7/15/2014 ICON MATERIALS INC, 6/26/2014 AG14 -060 #3 $276,767.68 PWST -2014 ASPHALT OVERLAY - SALES TAX PAYABLE $6,354.45 200568 7/11/2014 WA STATE REVENUE DEPART7 /14/2014 601- 223 -5385 $6,343.85 FI -06/14 REMIT SALES TAX DBC 200568 7/11/2014 WA STATE REVENUE DEPART7 /14/2014 601 - 223 -5385 $10.59 FI -06/14 REMIT SALES TAX 200568 7/11/2014 WA STATE REVENUE DEPART7 /14/2014 601 - 223 -5385 $0.01 FI -06/14 REMIT EXC TAX (ROUND[ SALES TAX PAYABLE - RECREAT $10,577.37 200568 7/11/2014 WA STATE REVENUE DEPART7/14/2014 601- 223 -5385 $6,515.28 FI -06/14 REMIT SALES TAX -FWCC 200568 7/11/2014 WA STATE REVENUE DEPART7 /14/2014 601- 223 -5385 $4,062.09 FI -06/14 REMIT SALES TAX SBCC SURCHARGE $270.00 241318 7/15/2014 WA STATE -STATE R EVEN UES,7 /2/2014 JUNE 2014 $270.00 F[- -06114 SBCC SURCHARGE Key Bank Page 48 of 52 Check No. Date Vendor Invoice Date Invoice Description AmountGL Total SCHOOL IMPACT FEES $87,654.00 241193 7/15/2014 FEDERAL WAY SCHOOL DIST17/2/2014 SIF -JUNE 2014 $87,654.00 FI -JUNE 2014 SCHL IMPACT FEE & SEWER BILLINGS $270.32 241011 6/30/2014 LAKEHAVEN UTILITY DISTRIC6/11/2014 2315204 $24.16 CDED- 02/25- 04/28/14 2315204 31 241233 7/15/2014 LAKEHAVEN UTILITY DISTRIC6/11/2014 888103 $72.23 PKM- 02/25- 04/28/14 31132 28TH 241233 7/15/2014 LAKEHAVEN UTILITY DISTRIC6/11/2014 888302 $36.81 PKM- 02/25- 04/28/14 31104 28TH 241233 7115/2014 LAKEHAVEN UTILITY DISTRIC6/11/2014 101 $24.16 PKM- 02/25- 04/28/14 31132 28TH 241011 6/30/2014 LAKEHAVEN UTILITY DISTRIC'6 /4/2014 460602 $64.64 PKM- 02/24- 04/23/14 2645 312TH 241233 7/15/2014 LAKEHAVEN UTILITY DISTRIC'6 /11/2014 824102 $48.32 PKM- 02/25- 04/25/14 30000 14TH SMALL TOOLS • SHOP $4,417.07 241022 6/30/2014 LOWE'S HIW INC, 6/3/2014 09722 $45.71 CD- BATTERIES, FLASHLIGHT 241236 7115/2014 LOWE'S HIW INC, 6/16/2014 02793 $278.23 PARKS - ROTARY HAMMER 241215 7/15/2014 HOME DEPOT -DEPT 32- 250075/27/2014 JUNE 2014 $21.53 PW -KEY CASE, FLAGGING TAPE 241048 6/30/2014 ORIENTAL GARDEN CENTER, 6/11/2014 64173 $14.43 PWST -AIR CLEANER CONCRETE GRIN 241300 7/15/2014 TACOMA SCREW PRODUCTS 6/27/2014 13967796 $139.70 PWST - CUTTING BURS FOR FENCE RE 241215 7/15/2014 HOME DEPOT -DEPT 32- 250075/27/2014 JUNE 2014 $72.20 PWST- HAMMER, DIGITAL MULTIMETE 241202 7115/2014 FREEWAY TRAILER SALES ING/1912014 123185 $34.43 SWM -GELL CELL BATTERY 241135 7/15/2014 AGRI SHOP INC, 6/24/2014 34445/1 $122.44 SWM- TRIMMER LINE, GAS CAN 241184 7/15/2014 EMPIRE FACILITY SERVICES 16/23/2014 30101 $3,666.53 MO- MAYOR'S OFFICE FURNITURE 241215 7/15/2014 HOME DEPOT -DEPT 32- 250075/27/2014 JUNE 2014 $21.87 CHB -BLADE SAW STONE & GRAVEL $851.28 241174 7/15/2014 CORLISS RESOURCES INC, 6/18/2014 422017 $210.70 SWM- CONCRETE SUPPLIES 241174 7/15/2014 CORLISS RESOURCES INC, 6/5/2014 420433 $52.56 PKM- MEDIUM BARK 241174 7/15/2014 CORLISS RESOURCES INC, 5/19/2014 417247 $535.46 PKM- CONCRETE SUPPLIES 241174 7/15/2014 CORLISS RESOURCES INC, 6/4/2014 419903 $52.56 PKM- MEDIUM BARK TAXES /ASSESSMENTS- INTERGOVT $2,776.65 200568 7/11/2014 WA STATE REVENUE DEPART7/14/2014 601 - 223 -5385 $25.13 FI -06/14 REMIT SALES TAX BROOK 200568 7/11/2014 WA STATE REVENUE DEPART7/14/2014 601 - 223 -5385 $7,005.49 FI -06/14 REMIT SALES TAX DBC Key Bank Page 49 of 52 Check No. Date Vendor Invoice Date Invoice Description AmountGL Total 200568 7/11/2014 WA STATE REVENUE DEPART7/14/2014 601 - 223 -5385 $- 6,343.85 FI -06/14 REMIT SALES TAX DBC 200568 7/11/2014 WA STATE REVENUE DEPART7114/2014 601 - 223 -5385 $211.46 FI -06/14 REMIT SVC TAX /PW STOR 200568 7/11/2014 WA STATE REVENUE DEPART7/14/2014 601 - 223 -5385 $1,878.41 FI -06/14 REMIT SALES TAX FWCC 200568 7/11/2014 WA STATE REVENUE DEPART7 /14/2014 601 - 223 -5385 $0.01 FI -06/14 REMIT EXC TAX (ROUNDI THEFT /PROPERTY DAMAGE $66,445.34 240972 6/30/2014 FLOYD, PFLUEGER & RINGER6 /4/2014 38219 $737.65 LAW-LEGAL SVCS AG13 -033- 241311 7/1512014 WA CITIES INSURANCEAUTH'7 /1/2014 JULY 1, 2014 $38,301.80 LAW -RM DASHO REIMB DED; 6/5/14 241311 7/15/2014 WA CITIES INSURANCEAUTHO /1/2014 JULY 1, 2014 $3,115.49 LAW-RM MICCICHE REIMB DED; 6/5 241311 7/15/2014 WA CITIES INSURANCE AUTHO /1/2014 JULY 1, 2014 $5,757.50 LAW-RM MICCICHE REIMB DED; 611 241311 7/15/2014 WA CITIES INSURANCEAUTH9 /1/2014 JULY 1, 2014 $17,502.50 LAW-RM KURDELCHUCK REIMB DED; 241198 7/15/2014 FLOYD, PFLUEGER & RINGER7 /3/2014 38504 $1,030.40 LAW -LEGAL SVCS AG13 -033- TIRES $1,814.12 240909 6/30/2014 AMERICAN TIRE DISTRIBUTOI6 /5 /2014 S047235779 $434.29 PD -NEW TIRES 240909 6/30/2014 AMERICAN TIRE DISTRIBUTOI6 /6/2014 S047293394 $480.76 PD -NEW TIRES 241087 6/30/2014 SPARKS CAR CARE, 6/9/2014 35493 $14.24 PD- MOUNT /BALANCE TIRE 240909 6/30/2014 AMERICAN TIRE DISTRIBUTOI6 /9/2014 S047361501 $120.19 PD -NEW TIRE 240909 6/30/2014 AMERICAN TIRE DISTRIBUTOI6 /11/2014 S047460052 $240.38 PD -2 NEW TIRES 240909 6/30/2014 AMERICAN TIRE DISTRIBUTOI6 /19/2014 s047745777 $120.19 PD -NEW TIRE 241144 7/15/2014 AMERICAN TIRE DISTRIBUTOI6 /25/2014 S047973380 $404.07 PD -4 NEW TIRES TRAFFIC INFRACTIONS $52,250.00 240910 6/30/2014 AMERICAN TRAFFIC SOLUTIC5131/2014 INV00015947 $52,250.00 MC -05/14 RED LIGHT PHOTO AG08- TRANSPORTATION EQUIPMENT $277,455.18 240957 6/30/2014 DWAYNE LANE'S DODGE, 6/20/2014 JUNE 20, 2014 $31,288.53 PD -VIN 1 C4RJFAG6EC51051 0 JEEP 241298 7/15/2014 SYSTEMS FOR PUBLIC SAFE-6/30/2014 24551 $4,986.77 PD- REPLACE VEHICLE EQUIPMENT 241298 7/15/2014 SYSTEMS FOR PUBLIC SAFET7 13 /2014 24429 $4,200.82 PD- REPLACE VEHICLE EQUIPMENT 241298 7/15/2014 SYSTEMS FOR PUBLIC SAFE17 /3/2014 24524 $4,910.20 PD- REPLACE VEHICLE EQUIPMENT 241298 7/15/2014 SYSTEMS FOR PUBLIC SAFE17 /3/2014 24544 $4,98677 PD- REPLACE VEHICLE EQUIPMENT 241298 7/15/2014 SYSTEMS FOR PUBLIC SAFET7 /3/2014 24545 $4,986.77 PD- REPLACE VEHICLE EQUIPMENT Key Bank Page 50 of 52 Check No. Date Vendor Invoice Date Invoice Description AmountGL Total 241298 7/15/2014 SYSTEMS FOR PUBLIC SAFE17 /3 /2014 24552 $4,836.52 PD- REPLACE VEHICLE EQUIPMENT 241168 7/15/2014 COLUMBIA FORD, 7/10/2014 3 -F229 $31,735.15 PD -FORD POLICE INTERCEPTOR - 241168 7/15/2014 COLUMBIA FORD, 7/10/2014 3 -F229 $- 200.00 PD -FORD POLICE INTERCEPTOR^ 241168 7/15/2014 COLUMBIA FORD, 7/10/2014 3 -F230 $31,735.15 PD -FORD POLICE INTERCEPTOR - 241168 7/15/2014 COLUMBIA FORD, 7/10/2014 3 -F230 $- 200.00 PD -FORD POLICE INTERCEPTOR - 241168 7/15/2014 COLUMBIAFORD, 7/10/2014 3 -F231 $31,037.70 PD- POLICE INTERCEPTOR UTILITY - 241168 7/15/2014 COLUMBIA FORD, 7/10/2014 3 -F231 $- 200.00 PD- POLICE INTERCEPTOR UTILITY - 241168 7115/2014 COLUMBIA FORD, 7/1012014 3 -F232 $31,037.70 PD -FORD POLICE INTERCEPTOR - 241168 7/15/2014 COLUMBIA FORD, 7/10/2014 3 -F232 $- 200.00 PD -FORD POLICE INTERCEPTOR - 241168 7/15/2014 COLUMBIAFORD, 7/10/2014 3 -F234 $31,037.70 PD -FORD POLICE INTERCEPTOR - 241168 7/15/2014 COLUMBIA FORD, 7/10/2014 3 -F234 $- 200.00 PD -FORD POLICE INTERCEPTOR - 241168 7/15/2014 COLUMBIA FORD, 7/10/2014 3 -17236 $31,037.70 PD -FORD INTERCEPTOR UTILITY - 241168 7/15/2014 COLUMBIA FORD, 7/10/2014 3 -1`236 $- 200.00 PD -FORD INTERCEPTOR UTILITY - 241168 7/15/2014 COLUMBIAFORD, 7/10/2014 3 -F237 $31,037.70 PD- POLICE INTERCEPTOR UTILITY - 241168 7/15/2014 COLUMBIA FORD, 7/10/2014 3 -F237 $- 200.00 PD- POLICE INTERCEPTOR UTILITY - USE TAX PAYABLE $2,384.12 200568 7/11/2014 WA STATE REVENUE DEPART7 /14/2014 601 - 223 -5385 $2,384.12 FI -06/14 REMIT USE TAX WASTE DISPOSAL BILLINGS $34.18 241294 7/15/2014 STERICYCLE INC, 6/30/2014 3002690726 $11.14 PD -WASTE DISPOSAL FEES 241000 6/30/2014 KING COUNTY FINANCE DIVIE5/31/2014 30401 $23.04 PWST-05/14 ALGONA TS-SOLID WAS WATER BILLINGS $4,529.48 241233 7/15/2014 LAKEHAVEN UTILITY DISTRIC'6/1112014 888103 $87.93 PKM- 02/25- 04/28/14 31132 28TH 241233 7/15/2014 LAKEHAVEN UTILITY DISTRIC6/11/2014 888302 $33.93 PKM- 02/25- 04/28/14 31104 28TH 241233 7/15/2014 LAKEHAVEN UTILITY DISTRIC6/11/2014 101 $24.28 PKM- 02/25- 04/28/14 31132 28TH 241299 7/15/2014 TACOMA PUBLIC UTILITIES, 6/24/2014 100048250 $1,097.58 DBC -06/14 DASH PT. RD- 241299 7/15/2014 TACOMA PUBLIC UTILITIES, 6/24/2014 100048250 $540.60 DBC -06/14 DASH PT. RD- 241299 7/15/2014 TACOMA PUBLIC UTILITIES, 6/30/2014 100673510 $948.61 PKM -06/14 5039 SW DASH PT. IRR Key Bank Page 51 of 52 Check No. Date Vendor Invoice Date Invoice Description AmountGL Total 241011 6/30/2014 LAKEHAVEN UTILITY DISTRIC6 /4/2014 2049903 $24.28 PKM- 02/19- 04/22/14 31531 1STA 241011 6/30/2014 LAKEHAVEN UTILITY DISTRIC'6 /4/2014 2832301 $103.96 PKM- 02/18- 04/18/14 30619 16TH 241011 6/30/2014 LAKEHAVEN UTILITY DISTRIC614/2014 2984001 $24.28 PKM- 02/18 - 04/21/14 31850 7TH A 241011 6/30/2014 LAKEHAVEN UTILITY DISTRIC6 /4/2014 3586001 $53.19 PKM- 02/19 - 04/22/14 31531 1STA 241011 6/30/2014 LAKEHAVEN UTILITY DISTRIC'6 /4/2014 460602 $181.10 PKM- 02/24- 04/23/14 2645 312TH 241233 7/15/2014 LAKEHAVEN UTILITY DISTRIC6/11/2014 896402 $24.28 PKM - 02125- 04128114 2410 312TH 241233 7/15/2014 LAKEHAVEN UTILITY DISTRIC6/11/2014 824102 $150.22 PKM- 02/25- 04/25/14 30000 14TH 241233 7/15/2014 LAKEHAVEN UTILITY DISTRIC6/11/2014 822402 $329.39 PKM- 02/25- 04125/14 30009 16TH 241233 7/15/2014 LAKEHAVEN UTILITY DISTRIC6/11/2014 3033601 $92.34 PKM- 03/07- 05/07/14 28159 24TH 241011 6/30/2014 LAKEHAVEN UTILITY DISTRIC'61912014 3568201 $20.23 SWM- 03/18- 05/07/14 1026 S 351S 241011 6/30/2014 LAKEHAVEN UTILITY DISTRIC6 /4/2014 3278301 $55.12 PWST- 02/24- 04/23/14 32009 23RD 241011 6/30/2014 LAKEHAVEN UTILITY DISTRIC6/4/2014 3336101 $24.28 PWST- 02/24 - 04/23/14 31026 PAC 241011 6/30/2014 LAKEHAVEN UTILITY DISTRIC'6 /4/2014 3364101 $24.28 PWST- 02/25- 04/23/14 1618 S 288 241011 6/30/2014 LAKEHAVEN UTILITY DISTRIC6 /4/2014 3481301 $24.28 PWST- 02/24- 04/24/14 SR 99/279T 241011 6/30/2014 LAKEHAVEN UTILITY DISTRIC6 /4/2014 3488801 $24.28 PWST- 02/24 - 04/23/14 31802 21ST 241011 6/30/2014 LAKEHAVEN UTILITY DISTRIC6 14 12014 3540201 $24.28 PWST- 02/24- 04/24/14 29627 PAC 241011 6/30/2014 LAKEHAVEN UTILITY DISTRIC'6 /4/2014 3540301 $24.28 PWST- 02/24- 04/24/14 28719 PAC 241011 6/30/2014 LAKEHAVEN UTILITY DISTRIC6 /4/2014 3545101 $24.28 PWST - 02125- 04!24 /14 29102 PAC 241011 6/30/2014 LAKEHAVEN UTILITY DISTRIC'6 /4/2014 3568101 $24.28 PWST- 02/24- 04/23/14 30799 PAC 241011 6/30/2014 LAKEHAVEN UTILITY DISTRIC'6 /4/2014 3621801 $24.28 PWST- 02/19- 04/22/14 SW 312TH 1 241011 6/30/2014 LAKEHAVEN UTILITY DISTRIC6 /4/2014 482303 $48.44 PWST- 02/25- 04/24/14 28866 PAC 241011 6/30/2014 LAKEHAVEN UTILITY DISTRIC6 /4/2014 482405 $48.44 PWST- 02/25- 04/24/14 28850 PAC 241011 6/30/2014 LAKEHAVEN UTILITY DISTRIC6/11/2014 3568001 $24.28 PWST- 03/07- 05/06/14 30399 PAC 241233 7/15/2014 LAKEHAVEN UTILITY DISTRIC6/11/2014 3088801 $24.28 PWST- 02/26- 04/28/14 2000 312TH 241233 7/15/2014 LAKEHAVEN UTILITY DISTRIC6/11/2014 3200201 $24.28 PWST- 03103 - 04130114 32002 32RD 241011 6/30/2014 LAKEHAVEN UTILITY DISTRIC6 /4/2014 1941803 $150.22 CM- 02/24- 04/23/14 31600 20 AVE Key Bank Page 52 of 52 Check No. Date Vendor Invoice Date Invoice Description AmountGL Total 241011 6/30/2014 LAKEHAVEN UTILITY DISTRIC6/11/2014 2315204 $150.22 CDED- 02/25- 04/28/14 2315204 31 241011 6/30/2014 LAKEHAVEN UTILITY DISTRIC'6 /11/2014 2322804 $2428 CDED- 02/25- 04/28/14 31510 20TH 241011 613012014 LAKEHAVEN UTILITY DISTRIC'6/11/2014 2327404 $12.60 CDED- 02/25 - 04/28/14 31510 20TH 241011 6/30/2014 LAKEHAVEN UTILITY DISTRIC'6/17/2014 1946803 $12.60 CM- 02/24- 04/23/14 31600 20 AVE WITNESS FEES /JUROR FEES 59592 6/16/2014 JURY/WITNESS FUND, 6/11/2014 JUNE 11, 2014 $18.36 MC- REPLENISH JURY/WITNESS FUND 383883 612312014 JURYIWITNESS FUND, 5/23/2014 MAY 23, 2014 $1,464.46 MC- REPLENISH JURY/WITNESS FUND Total Claims $3,304,346.29 paid Via Wire Transfer 6/25/2014 SCORE, DEBT SERVICE BOND 302,271.58 7/1/2014 PUBLIC WORKS TRUST BOARD, DEBT SERVICE PWiF LOAN 188,988.68 Grand Total $3,795,606.55 $1,482.82 COUNCIL MEETING DATE: Arugist5 1 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: JUNE 2014 MONTHLY FINANCIAL REPORT ITEM #: POLICY QUESTION:. Should the Council approve the June 2014 Monthly Financial Report? COMMITTEE: Finance, Economic Development and Regional Affairs Committee MEETING DATE: July 22, 2014 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Ade Ariwoola, Finance Director DEPT: Finance Attachments: • June 2014 Monthly Financial Report Options Considered: 1. Approve the June 2014 Monthly Financial Report as presented 2. Deny approval of the June 2014 Monthly Financial Report and provide direction to staff. MAYOR'S RECOMMENDA MAYOR APPROVAL: CHIEF OF STAFF: recommends approval of Option 1. a. Counci CTOR APPROVAL: COMMITTEE RECOMMENDATION: I move to forward approval of the June 2014 Monthly Financial Report to the Augusti;�,'2014 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the June 2014 Monthly Financial Report." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED IST reading ❑ TABLED /DEFERRED /NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # CMW A Federal WaY June 2014 Monthly Financial Report -Highlights The following are highlights of the June 2014 Monthly Financial Report. Detailed financial information can be found in the June 2014 Monthly Financial Report detail. General & Street Fund Summary Revenues are above the year -to -date budget by $13M or 10.4% with all revenues on target or above year -to -date budget except for leasehold tax, court revenues, and interest earnings. Expenditures are below year -to -date budget by $454K or 2.0% with all departments below estimates except for Mayor's Office, Finance, and Police. Some of the expenditure saving's are due to timing of payments, and unfilled vacancies. The differences between the actual and budget are being addressed in the budget amendment that the Council passed on July 15th. Property tax is above 2013 year -to -date by $103K or 1.9% and above 2014 year -to -date budget by $65K or 1.2 %. Sales tax exceeds 2013 year -to -date by $249K or 4.5% and also exceeds 2014 year -to -date budget by $169K or 3.0 %. Retail sales (increase of $77K or 2.5 %), services (increase of $32K or 2.6 %), construction (increase of $17K or 3.6 %), wholesaling (increase of $49K or 24.1 %), information (increase of $36K or 13.7 %), and government (increase of $26K or 35.1 %) account for the majority of the increase compared to year -to -date 2013. Additionally, criminal justice sales tax collected county-wide also exceeds 2013 year -to -date by $65K or 6.9% and 2014 year -to -date budget by $103K or 11.3% which further indicates overall sales tax revenue growth. Community and Economic Development permits and fees are above the 2013 year -to -date by $374K or 28.0% and above 2014 year -to -date budget by $856K or 100.2 %. Significant permit revenues received year -to -date include Wynstone East, Park 16 Apartments, Celebration Senior Living, Dicks Sporting Goods, High Point Building Apartments, Progressive Claims Office, Kitts Comer Apartments, and addition to Christian Faith Center School. Court revenue is below 2013 year -to -date by $81K or 10.0% and also below 2014 year -to -date budget by $37K or 4.9 %. Traffic and non - parking fines, criminal costs, and criminal conviction fees account for the majority of the decrease. The enhanced signage, lighting, and continued enforcement activity is the primary reason for the reduction. Park & General Recreation Fees is above 2013 year -to -date actual by $42K or 10.8% and above 2014 year -to -date budget by $61K or 16.7 %. Senior trips and tours revenue increased through the efforts of staff to market and promote the programs. Designated Oneratinr Funds Revenues are above the 2014 year -to -date budget by $730K or 6.4 %. Expenditures are below 2014 year -to -date budget by $280K or 6.0% and are due to timing while others may result in true savings by year -end. Utility tax revenues received year -to -date as reported on the monthly financial report totals $6.7M and is $36K or 0.5% above 2013 year -to -date and $29K or 0.4% above 2014 year -to -date budget. The following is the comparison of 2014 year -to -date to 2013 year -to -date utility taxes by category: Electricity — current YTD decrease by $6K or 0.2 %. Gas — current YTD increase by $51K or 4.5% Cable — current YTD increase by $31K or 4.1% Phone — current YTD decrease by $24K or 5.7% Cellular — current YTD decrease by $30K or 2.7% Real estate excise tax 2014 year -to -date revenues of $948K is above 2013 year -to -date by $151K or 19.0% and is above the year -to -date budget by $284K or 42.8 %. There were 109 taxable residential sales (total sales $24.9M / $123K tax). Property Tax — King Co Expansion Levy — 2014 year -to -date revenue of $18K is expansion levy funds for paths and trails. Red light photo /school zone cameras 2014 year -to -date net revenue totals $874K and is below year -to- date 2013 by $306K or 25.9 %, but exceeds year -to -date budget by $248K or 40.0 %. Federal Way Community Center continues to increase revenues while controlling expenditures. 2014 Year -to -date operating revenues total $978K, which is above the 2014 year -to -date budget by $122K or 14.2% and also above the 2013 year -to -date by $44K or 4.8 %. Major revenue increases are in passes, drop in's, aquatics, and both fitness and rentals. 2014 Year -to -date operating expenditures total $1.OM, which is below the 2014 year -to -date budget by $24K or 2.3% and $3K or 0.3% above 2013 year -to -date. Increases in personnel cost is due to an increase in instructor hours for fitness and aquatics to accommodate demand. The increase in supplies is due to a few substantial pool system repairs, pool part replacements, and supplies primarily for resale at the Splash cafe. The decrease in utility costs is due to energy efficiency efforts and the City's utility payment is behind by one month when compared with 2013. The 2014 year -to -date revenues over / (under) expenditures of negative $45K is substantially better than the 2014 year -to -date budget of negative $187K and 2013 year -to -date of negative $83K. This better than expected performance means we will need less money from Utility Fund to subsidize Community Center compared to last year. To date, only $45K or 1.0% of the annual $554K operating subsidy has been used. Projected ending fund balance earmarked for capital reserves by the end of this year is $1.8M and will increase if the operating subsidy is maintained and the center continues to perform very well. Dumas Bay Center, is showing higher revenues year -to -date of $20K or 6.3% compared to 2013, but expenditures are over year -to -date budget by $39K or 13.0 %. 2014 Year -to -date operating revenues total $348K, which is $14K or 4.2% above the 2014 year -to -date budget, and above 2013 year -to -date by $20K or 6.3 %. The increase in revenue is due to an increase in the number of overnight guests booked in the facility for some retreats compared to 2013. 2014 Year -to -date operating expenses total $343K, which is $15K or 4.7% above the 2014 year -to -date budget and $39K or 13.0% above 2013 year -to -date. The increase in expenses over 2013 is due to change in staffing in the kitchen operation and termination pay for a previous chef. 2014 Year -to -date revenues over / (under) expenditures of $4K is below 2013 year -to -date performance by $19K. The budgeted year -end ending fund balance is $160K compared to the current $326K ending fund balance which includes funding for theatre management, roof repair, pump station and other capital maintenance that have not yet been spent. Surface Water Management Fees — 2014 year -to -date revenue of $1.8M is below year -to -date 2013 by $21K or 1.2% and below year -to -date budget by $36K or 2.0 %. This is primarily due to timing of payments coming through King County. Federal Way June 2014 Monthly Financial Report - Detail GENERAL & STREET FUND SUMMARY 2013 2014 YID Budget vs. Actual Fawrable/ fawrabie Annual Budget Annual Actual VTD Actual Annual Budget YTD Budget YTD Actual $ Beginning Fund Balance $15,034,802 $15,034,802 $15,034,802 $16,240,295 $ 16,240,295 $16,240,295 n/a n/a Revenues: Property Taxes 9,978,000 10,004,862 5,263,792 10,077,000 5,301,745 5,366,387 64,642 1.2% Sales Tax 11,192,000 11,346,338 5,555,003 11,414,000 5,635,354 5,804,448 169,094 3.0% Criminal Justice Sales Tax 1,894,000 1,992,667 950,500 1,913,000 912,499 1,015,841 103,341 11.3% Gambling Taxes 145,000 178,696 95,043 145,000 68,258 92,775 24,518 35.9% State Shared Revenue 2,194,000 2,315,823 1,047,533 2,171,000 982,024 1,162,858 180,834 18.4% Leasehold Tax 6,000 5,989 3,268 6,000 3,274 1,924 (1,350) 111.2% Court Revenue 1,501,000 1,511,606 809,060 1,431,000 765,696 728,555 (37,142) -4.9% C® Permits & Fees 1,897,281 2,203,426 1,336,334 1,575,577 854,233 1,710,499 856,266 100.2% PW Pemrits & Fees 317,000 300,537 142,785 317,000 161,711 214,459 52,748 32.6% Business License Fees 252,000 253,417 75,788 252,000 75,364 82,503 7,138 9.5% Franchise Fees 1,041,000 1,049,177 525,034 1,041,000 520,942 541,963 21,021 4.0% Passport Agency Fees 55,000 66,075 38,825 55,000 32,317 37,250 4,933 15.3% Park & General Recreation Fees 961,465 987,018 384,965 937,000 365,456 426,628 61,172 16.7% Police Services 905,000 1,001,908 463,874 765,000 354,188 482,217 128,029 36.1% Adman /Cash Management Fees 521,117 521,117 260,558 520,314 260,157 260,157 (0) 0.00/0 Interest Earnings 26,000 25,120 15,157 31,000 18,705 9,953 (8,752) -46.8% Miscellaneous /Other 219,000 282,401 112,453 219,000 87,206 162,397 75,191 86.2% Total Revenues 33,104,863 34,046,176 17,079,974 32,869,891 16,399,130 18,100,812 1,701,682 10.4% Expenditures: City Council 389,317 372,242 222,857 388,140 232,375 230,914 1,461 0.6% Mayor's Office 1,060,7441 1,022,255 510,088 1,056,123 526,988 587,453 (60,465) -11.5% Community Development 2,431,264 2,091,751 1,051,559 2,624,865 1,319,565 1,153,703 165,862 12.6% Economic Development 237,086 111,449 48,603 212,829 92,815 52,114 40,701 43.9% Human Services 789,960 788,679 421,170 770,993 411,726 411,547 179 0.0% Finance 898,063 854,044 388,362 909,728 413,683 479,580 (65,897) -15.9% Human Resources 990,873 814,413 435,240 1,034,672 552,951 493,985 58,966 10.7% Law 1,482,042 1,408,750 724,504 1,549,111 796,690 796,462 228 0.0% Municipal Court 1,586,447 1,480,302 728,360 1,658,748 816,162 783,584 32,578 4.0% Jail 3,871,896 3,939,387 1,957,107 4,159,831 2,074,011 2,000,087 73,924 3.6% Police 22,586,388 21,949,032 10,823,224 22,837,030 11,261,102 11,294,146 (33,044) -0.3% Parks & Recreation 4,256,128 3,969,894 1,760,210 4,170,040 1,848,953 1,692,802 156,151 8.4% Public Works 4,869,384 4,004,066 1,523,159 5,127,875 1,950,659 1,867,734 82,925 4.3% Total Expenditures 45,449,592 42,806,263 20,594,443 46,499,985 22,297,679 21,844,111 453,568 2.0% Revenues over /(under) Expenditures (12,344,729) (8,760,088) (3,514,469) (13,630,094) (5,898,549) (3,743,299) 2,155,250 -36.5% Other Sources: Ongoing Transfers In: Red Light /School Zone for PD, CT, TR 1,075,040 1,075,040 1,030,000 - - - n/a Utility Tax for Designated Programs 1,343,000 1,343,000 952,337 1,343,000 952,337 952,337 0.0% Utilty Tax for Operations 3,893,000 3,893,000 600,000 3,893,000 600,000 600,0001 0.0% Utility Tax for Prop 1 Voter Package 2,980,187 2,877,100 1,446,146 2,980,187 1,459,569 1,459,569 0.00/0 One -Time Transfers In /Grants /Other 1,423,722 1,148,193 665,094 324,922 189,173 189,173 0.0% Total Other Financing Sources 10,714,949 10,336,333 3,663,577 9,571,109 3,201,079 3,201,079 - 0.0% Other Uses: Contingency Reserve Funds 1,125,000 27,000 - - n/a 1 -Time Transfers Out/Other /Unalloc IS 1,770,163 370,753 6,083 1,423,464 315,000 315,000 0.0% Total Other Financing Uses 2,895,163 370,753 6,083 1,450,464 3159000 315,000 - 0.0% Total Ending FundBalance $10,509,859 r$16,240,292 $15,177,827 $10,730,846 $ 13,227,825 $15,383,075 1 n/al n/a DESIGNATED OPERATING FUNDS SUMMARY 2013 2014 YMButtetvs.Actual Fauorahle/(Untavorable) Annual Budget Annual Actual YID Actual Annual Budget YID Budget YfD Actual $ % Beginning Fund Balance $15,908,751 $15,908,751 $15,908,751 $ 18,232,684 $18.232,684 $19,232,684 n/a n/a Revenues: Utility Tax 9,672,774 9,742,706 5,164,960 9,666,677 5,164,609 5,188,484 23,875 0.5% Utility Tax -Prop 1 Voter Package 2,821,226 2,841,586 1,506,447 2,827,323 1,514,183 1,518,831 4,648 0.3% Hotel/Motel Lodging Tax 195,000 208,839 86,852 195,000 82,687 89,449 6,762 8.2% Real Estate Excise Tax 1,400,000 2,034,033 797,026 1,400,000 663,774 948,068 284, 294 42.8% Property Tax- King Co EVansion Levy 155,000 141,417 82,644 - - 17,762 17,762 n/a State Shared Revenue 495,000 497,148 233,874 495,000 232,864 235,685 2,821 1.2% Red Light /School Zone Enforcement 2,455,000 2,743,113 1,179,556 1,455,000 625,659 873,893 248,234 39.7% Federal Way Cornnunity Center 1,643,500 1,796,064 933,267 1,643,500 856,165 977,748 121,583 14.2% Durres Bay Centre Fund 628,251 622,877 327,043 635,251 333,428 347,540 14,112 4.2% Surface Water Management Fees 3,456,000 3,426,616 1,822,179 3,456,000 1,837,804 1,801,448 (36,356) -2.01/. Refuse Collection Fees 284,671 299,337 144,826 287,517 139,108 158,688 19,580 14.1% Interest Earnings 15,300 19,541 12,605 15,300 9,870 7,448 (2,421) -24.5% Miscellaneous /Other 12,853,428 12,857,187 35,745 27,768 77 25,283 25,206 32650.1% Total Revenues 36,075,150 37,230,463 12,327,024 22,104,336 11,460,229 12,190,330 730,101 6.4% Expenditures: Arterial Streets Overlay Program 1,616,029 1,463.241 679,083 1,696,031 787,120 811,360 (24,240) -3.1% Utility TaXAdmin /Cash Mgmt Fees 48,000 48,000 24,000 48,000 24,000 24,000 0.0% Solid Waste & Recycling 512,071 468,220 203,276 494,542 214,704 201,944 12,760 5.91% Hotel/Motel Lodging Tax 297,716 86,396 30,603 227,034 80,420 18,699 61,721 76.7% Traffic Safety (Red Light /School Zone) 651,754 616,092 - 625,000 19,719 19,719 - 0.01/. Debt Service (Debt & Admin Fee) 14,767,370 14,756,476 405,750 1,995,392 511,457 511,457 0.0% Federal Way Community Center 2,168,353 2,121,410 1,016,065 2,197,775 1,043,068 1,019,342 23,726 2.30/o Durnas Bay Centre Fund 679,049 639,053 303,814 691,065 327,860 343,198 (15,338) -4.7% Surface Water Management 3,354,182 2,834,262 1,206,580 3,872,868 1,648,728 1,427,2% 221,438 13.400 Total Expenditures 24,094,524 23,033,151 3,869,172 1 1,847,706 4,657,075 4,377,009 280,066 6.0% Revenues aver /(under) Expenditures 11,980,626 14,197,312 8,457,852 10,256,630 6,803,153 7,813,321 1,010,167 14.8% Other Sources: Ongoing Transfers In: Utility Tax for DBC Oper /Reserves 112,000 112,000 112,000 112,000 112,000 112,000 - 0.00/ Utility Tax for FWCC Oper/Reserves 792,797 794,449 82,798 788,328 186,902 46,819 (140,083) -75.0% Utility Tax for FW CC & SCORE Debt 2,531,876 2,530,224 94,561 1,751,841 - - n/a Utility Tax for Arterial Streets Overlay 998,000 998,000 341,000 998,000 - - - n/a 1 -Time Transfers/Grants /Other 713,013 661,862 308,534 624,518 43,137 43,137 0.0% Total Other Sources 5,147,686 5,096,535 938,893 4,274,687 342,040 201 ,956 (140,083) 41.0% Other Lses: Ongoing Transfer Out: Red Light /School Zone for PD, CT, TR 1,075,040 1,302,040 - 1,030,000 - n/a Utility Taxto FWCC Oper /Reserves 683,000 683,000 82,798 683,000 46,819 46,819 0.00/0 Utility Tax to FW CC & SCORE Debt 2,641,673 2,641,673 94,561 1,832,000 n/a Utility Tax to DBC Oper /Reserves 112,000 112,000 112,000 112,000 112,000 112,000 0.00/0 Utility Taxto Arterial Streets Overlay 998 ,000 998,000 341,000 998,000 - n/a Utility Taxto Transportation Capital 681,000 681,000 598,000 681,000 - - n/a Utillity Tax to Generai/Street Oper 5,236,000 5,236,000 1,552,337 5,236,000 1,552,337 1,552,337 0.00/0 Utility Tax to Prop I Voter Package 2,980,187 2,877,100 1,446,146 2,980,187 1,459,569 1,459,569 0.00/0 I -Time Transfers/Other /Unalloc IS 2,781,918 2,439,102 1,764,825 2,036,653 1,384,092 1,384,092 0.00/0 Total Other Uses 17,188,818 16,969 ,915 5 ,991,667 15 ,588,840 4,554,817 4,554,817 - 0.0% Fitting Fund Balance Arterial Streets Overlay (0) 159,530 21,015 I (413,707) n/a n/a Utility Tax(non -Prop 1) 2,392,878 2,622,105 5,936,727 2,251,918 - 6,077,105 n/a n/a Utility Tax - Prop I Voter Package 1,080,948 1,045,434 1,141,249 1,045,434 1,104,696 n/a n/a Solid Waste & Recycling 151,928 211,761 123,547 188,754 169,661 n/a n/a Lodging Tax 227,034 160,251 195,300 - 297,894 n/a n/a -Hotel/Motel Federal Way Corrrrunity Center 1,397,693 1,597,515 1,139,654 1,828,067 - 1,599,595 n/a n/a Traffic Safety Fund 2,477,072 2,804,483 3,157,694 2,604,483 - 3,660,101 n/a n/a Paths & Trails 175,668 162,440 98,710 14,440 - 27,667 n/a n/a Debt Service Fund 4,604,011 5,248,335 3,459,176 5,191,285 - 4,470,115 n/a n/a Surface Water Management 3,506,844 3,941,068 3,815,664 3,695,469 4,373,646 n/a Dumas Bay Centre Fund 61,203 212,979 260,419 160,010 326,370 n/a A Total Earl Eitnd Balance S 15,848,242 S 18,232,685 S 19 .314,106 S 17,175,161 S - S 21,693,143 da Sales Tax Compared to year -to -date June 2013 actual, sales tax revenues are up by $249K or 4.5 %. Compared to year -to -date 2014 budget, year -to -date sales tax revenues went up by $169K or 3.0 %. There is usually a two month lag in sales tax revenue. The sales tax paid in April 2014 is reported in June 2014. LOCAL REfAR, SALES TAX REVENUES YTD June Month 2013 Actual 2014 Fawrable /(Unfawrable) Change from 2013 2014 Actual Ns Budget Budget Actual $ % $ % Jan $ 856,430 897,686 922,813 66,384 7.8% 25,127 2.8% Feb 1,186,414 1,212,859 1,193,962 7,547 1% (18, 897) -1.6% Mar 836,112 841,547 885,403 49,291 5.9% 43,856 5.2% Apr 841,788 851,006 878,261 36,473 4.3% 27,255 3.2% May 964,840 961,970 995,299 30,459 3.2% 33,329 3.5% Jun 869,426 870,285 928,710 59,284 6.8% 58,425 6.7% Jul 890,558 900,198 - - - - - Aug 986,677 1,015,364 - - - - - Sep 981,082 986,689 - - - - Oct 954,311 968,118 Transp /Utility - - - - Nov 1,000,875 985,589 - 36,319 - - - Dec 977,831 922,688 - Down $3K- Internet Service Providers - - - YTD Total $ 5,555,010 $ 5,635,354 $ 5,804,448 $ 249,438 4.5% $ 169,094 3.0% Annual Totall $ 11,346,342 1 $ 11,414,000 n/a n/a n/a n/a n/a COMPARISON OFSALES TAX COLLECTIONS BYSIC GROUP Favorable /(Unfavorable) Component 2013 2014 Change from 2013 $ % Group YrD June YrD June Explanation Retail Trade $ 3,059,723 $ 3,136,282 $ 76,560 2.5% Up $117K - Motor Vehicle & Parts Dealer, Furniture & Home Furnishings, Building Material & Garden, Health & Personal Cam, Gasoline Stations, Clothing and Accessories, Sporting Goods, Hobby, Books, Miscellaneous & Nonstore Retailers Down $40K - Electronics & Appliances, Food & Beverage Stores, General Merchandise Stores Services 1,264,623 1,297,115 32,492 2.6% Up S72K- Administrative & Support Services, Ambulatory Health Care Service, Performing Arts, Spectator Sports, Amusement, Gambling, Accomodation, Food Services & Drinking Places, Repair & Maintenance Down S40K - Profess ional/Scientiftc /Tech, Waste Management, Educational Services, Hospitals, Nursing & Residential Care, Personal Laundry Services, Religious, Grantmraking, Civic Construct 479,441 496,557 17,116 3.6% Up $34K- Specialty Trade Contractors & Construction of Buildings Down $17K - Heavy & Civil Construction Wholesaling 202,563 251,417 48,853 24.1% Up $49K - Wholesale Trade, Durable & Nondurable goods Transp /Utility 2,256 1,135 (1,121) -49.7% Information 264,366 300.684 36,319 13.7% Up $37K - Telecommunications, Broadcasting Down $3K- Internet Service Providers Manufacturing 57,150 63,956 6,807 11.9% Up $7K - Wood Product Manufacturing, Electric Equipment, Appliances Government 74,450 100,592 26,142 35. 1 %UpS27K- UnclassiftableAccounts Down $IK- Economic Programs Adrnin Fin /Insurance 139,623 149,405 9,781 7.0% Up $18K- Banks, Rental/Leasing Svcs, /Real Estate Down $8K - Real Estate, Insurance Carriers & Related Other 10,814 7,305 1 (3,509) -32.5% $ 5,555,009 $ 5,804,448 1 $ 249,439 j 4.5% SALES TAX COMPARISON by AREA Ym June 2014 2013 Actual 2014 Favorable /(Unfawrabl e) Favorable/(Unfavorable) 2014 Actual Ns Budget Budget Actual $ Var Chg from 2013 $ Var $ % Location 2013 2014 Explanation YID Total Sales Tax S 5,555,010 $ 5,804,448 $ 249,438 4.5 1,181,116 S 348th Retail Block 594,663 546,713 (47,949) -8.1% Up $8K Retail General Merchandise 1,295,036 1,209,938 1,324,119 29,083 2.2%1 Down $56K Retail Building Materials, Appliances The Commons 497,661 474,163 (23,498) 4.7% Up $6K Retail Eating & Drinking 13.8% (55,599) -4.40/. May 699,516 Down $30K Cormtwnications, Misc Retail Trade, Retail 602,719 (96,797) -13.8% (248,210) -29.2% Apparel, Retail General Merchandise S 312th to S 316th 417,145 374,580 (42,565) -10.2% Down $43K Retail Automative Gas, Retail Eating & 28.8% Jul 931,882 1,013,323 - Drinking, Retail Food Stores, Retail General Merchandise Pavilion Center 243,305 241,610 (1,695) -0.7% General Decrease Hotels & Motels 80,135 89,609 9,474 11.8% General Increase FW Crossings 199,735 215,144 15,410 7.7% Up $22K Misc Store Retailers, Retail Eating & Drinking, Oct 768,294 1,016,221 - Furniture & Fixture - Nov 974,651 Down $7K Health & Personal Care Gateway Center 96,675 109,427 12,752 13.2% Up $13KTelecotmrwnications, Health & Personal Care 1,815,545 1,558,699 - - - Down $IK Food/Beverage Stores Utility Tax (Total 7.75 %) The utility taxes year -to -date is $36K or 0.5% higher than 2013 year -to -date and $29K or 0.4% below 2014 year -to -date budget. UTILITY TAXES Year -to -date thru June Month 2013 Actual 2014 Favorable /(Unfawrabl e) Change from 2013 2014 Actual Ns Budget Budget Actual $ Var % Var $ Var % Var Jan $ 1,023,991 $ 1,110,746 $ 441,956 $ (582,034) -56.8% $ (668,790) -60.2% Feb 1,158,162 1,181,116 1,742,178 584,016 50.4% 561,062 47.5% Mar 1,295,036 1,209,938 1,324,119 29,083 2.2%1 114,181 9.4% Apr 1,049,750 1,250,534 1,194,935 145,185 13.8% (55,599) -4.40/. May 699,516 850,929 602,719 (96,797) -13.8% (248,210) -29.2% Jun 1,470,623 1,102,406 1,420,347 (50,276) -3.4% 317,941 28.8% Jul 931,882 1,013,323 - - - Aug 800,419 795,280 - - Sept 622,095 498,023 - - Oct 768,294 1,016,221 - - Nov 974,651 933,786 - - Dec 1,815,545 1,558,699 - - - - - YTD Subtotal $ 6,697,077 $ 6,705,669 $ 6,726,254 $ 29,176 0.4% $ 20,585 03% Rebate (25,671) (26,876) (18,938) 6,733 0.On /o 7,938 - 29.5% YTD Total $ 6,671,406 $ 6,678,792 $ 6,707,316 $ 35,909 0.5% $ 28,523 0.4% Annual Total $ 12,584,292 $ 12,494,000 n/a n/a n/a n/a n/a The City of Federal Way provides a utility tax rebate for qualifying individuals that have paid for Utility bills within the City of Federal Way, who are 65 years or older, disabled/unable to work, and qualify as low income during the affected calendar year. This is an annual program that opens January 1St and closes April 30`h of each year. The City has processed 156 rebates for the current year. Electric and gas utilities are affected by weather in addition to the regular population and service growth. When the weather is cold, people use more electricity for gas and heat. UTILITY TAXES - by Type Year - to-date thru June Utility Type 2013 Actual 2014 Actual Fawr abl e/ (Un faw r abl e ) Change from 2014 $ % Electric $ 2,684,602 $ 2,678,936 $ (5,666) -0.2% Gas 1,138,368 1,189,336 50,968 4.5% Solid Waste 433,090 440,127 7,037 1.6% Cable 763,751 795,009 31,258 4.1% Phone 423,678 399,719 (23,959) -5.7% Cellular 1,112,036 1,082,442 (29,595) -2.7% Pager 1 264 476 212 80.3% SWM 141,289 140,209 (1,080) -0.8% Tax Rebate (25,671) (18,938) 6,733 0.0% YTD Total $ 6,671,406 $ 6,707,315 $ 35,909 0.5% Proposition I Voter - Approved Utility Tax 2014 Year -to -date Prop I expenditures total $1.5M or 48.9% of the $3M annual budget. Current life -to -date Prop 1 Utility tax collections total $21.7M and expenditures total $20.6M. PROP 2013 2014 life To Date Budget Actual Budget Actual Beginning Balance: 661,148 1,080,948 502,187 1,045,433 n/a OPERATING REVENUES January 256,196 231,224 250,814 99,797 1,703,462 February 282,170 261,520 266,704 393,395 2,107,415 March 265,555 290,362 273,212 298,995 2,306,628 April 302,383 235,536 282,379 269,824 2,224,011 May 240,311 155,729 192,145 136,098 1,887,439 June 196,630 332,076 248,930 320,724 1,978,550 July 226,447 210,425 228,815 - 1,571,112 August 187,921 180,740 179,579 1,423,258 September 141,573 140,473 112,457 1,281,788 October 249,112 173,486 229,469 1,612,077 November 156,474 220,082 210,855 1,450,553 December 316.453 409,933 351,964 2,127,618 Total Prop 1 Revenues: 2,821,226 2,841 586 2,827523 1,518,831 21 673.912 OPERATING EXPENDITURES Public Safely Improvement ArWlions & Costs: Police Services (includes sworn positrons, records cleric, and indirect Information Technology support costs) ** 2322,522 2,239,620 2,322,522 1,118,601 15,185,144 Court Services (includes Judge, Court Clerk, Prosecutor, public defender contract, and indirect IT support) 392 683 383,838 392,683 193,233 2,573,693 Total Public Safety Improvement Costs 2,715,205 2,623,458 2,715,205 1511,834 17,758,837 Commumly Sq%ly Program Costs Code Enforcement Officer* - 318,857 Code Enforcement Civil Attorney 69,341 64,893 69,341 30,564 448,429 Park Maintenance 113,555 110,528 113,555 54,822 734,481 Total Community Safety Improvement Costs 182,896 175,421 182,896 85,386 1501,766 Indirect Support - HR Analyst 44,586 40,721 44,586 22,626 271,397 SafeCit M &O 37,500 37,500 37,500 39,722 248,150 Subtotal Ongoing Expenditures 82,086 78,221 82,086 62,348 519,547 SafeCity Startup - 189.066 Other Transfer -Prop IOT for Police 600.000 Subtotal Other Expenditures - 789,066 Total Prop 1 Expenditures: 2,980,187 2,877,100 1 2,980 187 1,459568 20569,216 Total Ending Fund Balance: S 502,187 IS 1 _045,433 IS 349,323 S 1,104,696 S 1,104,696 *Code Enforcement Officer l.0 FTE frozen in 2011112 remains frozen in 2013114. ** Police Officers 2.0 FTE previouslvfrozen is one -time funded in 2013114 by Traffic Safety Fund. Real Estate Excise Tax Compared to 2013 year -to -date actuals, collections are up $151K or 19 %. June's receipt of $123K is below June 2013's actual by 89K or -41.9% and below June 2013's projections by $56K or 31.1%. Year -to -date collections are above year -to -date projections by $284K or 42.8 %. June 2014 activities include 177 real estate transactions, of which 68 were tax exempt. There were 109 taxable residential sales (total sales $24.9M / $123K tax). Hoteb'Motel Lodging Tax Hotel/Motel lodging tax received year -to -date 2014 is $89K and is above 2013's year -to -date collections by $3K or 3 %. 2014 year -to -date receipts are above year -to -date projections by $7K or 8.2 %. Permit Activity REAL ESTATE EXCISE TAX REVENUES Year - to-date thru June Month 2013 Actual 2014 Favor abl e/ (Unfawr abl e ) Change from 2013 2014 Actual vs Budget Budget Actual $ % $ % Jan $ 65,032 $ 147,546 $ 80,758 $ 15,726 24.2% $ (66,788) -45.3% Feb 66,611 44,117 73,759 7,149 10.7% 29,642 67.2% Mar 1 199,329 126,403 115,740 (83,589) -41.9% (10,663) -8.4% Apr 106,752 85,061 111,351 4,599 4.3% 26,291 30.9% May 147,465 81,762 443,295 295,829 200.6% 361,532 442.2% Jun 211,838 178,885 123,166 (88,673) -41.9% (55,720) -31.1% Jul 234,849 145,798 - - - - Aug 139,187 75,827 - - - - - Sep 134,947 99,968 - - - Oct 114,028 89,667 - - - - - Nov 189,948 104,526 - - - - - Dec 424,050 220,440 - - - - YTD Total 797,026 663,774 948,068 1 151,042 19.0% 284,294 42.8% Annual Total $ 2,034,036 $ 1,400,000 n/a I n/a n/a n/a n/a Building, planning, and zoning permit activities are above 2013's year -to -date activity by $374K or 28.0 %. Compared to year -to -date budget, permit activity is up $856K or 100.2 %. Some significant permits for 2014 include: Wynstone East, Park 16 Apartments, Celebration Senior Living, Dicks Sporting Goods, High Point Building Apartments, Progressive Claims Office, Kitts Corner Apartments and an addition to Christian Faith Center School. HOTEUMOTEL LODGING TAX REVENUES Year- to-date thru June Month 2013 Actual 2014 Favorable /(unfavorable) Change from 2013 1 2014 Actual n Budget Budget Actual S % $ % Jan S 13,537 S 12,492 S 13,380 S (157) -1.2% $ 887 7.1% Feb 14,270 14,226 12,812 (1,458) - 10.2% (1,414) -9.9% Mar 12,771 11,446 13,343 572 4.5% 1,896 16.6% Apr 14,441 14,061 16,109 1,668 11.60/6 2,048 14.6% May 18,168 17,461 18,548 380 2.1%1 1,086 6.2% Jun 13,666 12,999 15,258 1,592 11.69/6 2,258 17.40/a Jul 15,606 15,336 - - - - Aug 19,495 17,795 - - - - - Sept 24,707 22,574 - - - Oct 28,512 23,537 - - - - - Nov 17,998 17,573 - - - - - Dec 15,668 15,498 - - - - YTD Total S 86,852 IS 82,687 S 89,449 S 2,597 3.0% S 6,762 8.2% Annual Total S 208,839 1 S 195,000 n/a n/a I a/a n/a n/a BUILDING & LAND USE PERMITS AND FEES (CED) Year -to -date thru June Month 2013 Actual 2014 Change from 2013 Favorable/ Unfavorable 2014 Actual y Budget Budget Actual $ % $ % Jan 130,900 124,543 124,209 (6,691) -5.1% (335) -0.3% Feb 152,484 114,376 97,873 (54,610) -35.8% (16,503) -14.4% Mar 306,348 150,192 316,207 9,860 3.2% 166,015 110.5% Apr 195,704 133,641 285,407 89,702 45.8% 151,765 113.6% May 134,544 123,632 492,934 358,390 266.4% 369,301 298.70/6 Jun 416,355 207,847 393,869 (22,486) -5.4% 186,022 89.5% Jul 127,592 120,132 - - - Aug 171,633 159,668 - - - - Sept 131,550 113,103 - - - Oct 176,358 110,280 - - - - Nov 113,894 95,575 - - Dec 146,064 122,587 - - YTD Total S 1,336,334 S 854,233 $ 1,710,499 $374,165 28.0% S 856,266 100.2•/. Annual Total S 2,203,426 $ 1 57.5 577 n/a n/a n/a 1 /a I /a Police Department The total overtime budget of $773K consists of $716K for City overtime and $57K for billable time. Compared to year -to -date budget, City portion overtime is $161K or 42.9% above year -to -date projections. Compared to year -to -date 2013 actuals, City portion overtime is 132K or 39.8% above prior year -to -date total. Including the increase in billable overtime, total overtime increased by $134K or 33.3 %. The June 2014 overtime increase of $21K over June 2013 actuals is attributable to an increase in shift coverage call -in and case completions. PD Overt!rne by Type Year -to -date thru June Type 2013 Actual 2014 Actual (Fawr able)t Unfawr able Change from 2013 $ % Training $ 13,843 S 15,024 $ 1,181 8.5% Court 11,960 20,275 8,315 69.5% Field Oper 254,159 356,956 102,796 40.4% Other 50,874 70,225 19,351 38.0% City Portion 330,837 462,480 131,643 39.8% Contract /Grant 61,051 63,474 2,423 4.0% Traffic School 11,345 11,416 71 0.6% Billable 72,396 74,891 2,494 3.4% Y1rD Total $ 403,233 $ 537,371 S 134,138 33.3% Jail Services PD Overtime by Month Year- to -drte thru June Month 2013 Actual 2014 Fawrable Unf nerable Change from 2013 2014 Actual vs Budget Budget Actual $ % S I % Jan $ 56,595 $ 58,875 $ 69,247 $ 12,652 22.4% $ 10,372 17.6% Feb 62,964 56,921 63,022 58 0.1% 6,100 10.7% Mar 50,695 57,826 64,422 13,727 27.1% 6,596 11.4% Apr 65,0491 59,881 74,268 9,219 14.2% 14,387 24.0% May 54,787 62,877 129,849 75,062 137.0% 66,972 106.5% Jun 40,747 52,125 61,672 20,926 51.40/. 9,548 18.3% Jul 69,370 74,590 - - - Aug 53,773 56,793 Sep 59,074 56,171 Oct 82,123 69,325 Nov 66,097 49,510 Dec 81,868 60,732 City Portion 330,837 348,505 462,480 131,643 39.8% 113,975 32.71/6 Billable 72,396 27,640 74,891 2,494 3.4% 47,251 171.0% YTDTotal S 403,233 $376,145 S 537,371 $134,138 33.3% $161,226 42.9% Billable $ - $ 29,360 15772,6271 S S - - $ - Annual Total n/a n/a n/a I n/a n/a n/a The total jail budget is $5.07M and is comprised of $4.16M for SCORE Jail maintenance & operation assessments and alternative programs and $913K for debt service. The increase in the 2014 maintenance & operations assessment is due primarily to an increase in average daily population in the SCORE jail. The annual debt service payment is roughly $913K. Jail and Alternatives to Confinement 2013 Annual Actual 2014 Annual Budget YI'D Budget YID Actual SCORE $ 3,771,920 $ 4,059,831 $ 2,029,915.50 $ 1,926.242 Other Jail & Alternative Programs 167,467 100,000 44,096 73,846 Subtotal M&O 3,939,387 4,159,831 2,074,011 2,000,088 Subtotal Debt Service 917,720 913,356 1 - Total $ 4,857,107 $ 5,073,187 1 $ 2,074,011 $ 2,000,088 Traffic Safety - Red Light Photo /School Zone Enforcement Red light photo & school zone enforcement 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 11 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 additional 4 cameras were activated February 2010. The original 4 school zone cameras were activated February 2010 and an additional 2 cameras were activated December 2010. Payments to ATS include $4,750 /month per location plus supplemental fees for check processing. Year -to -date 2014 red light photo net revenues total $874K which is below year -to -date 2013 actuals by $306K or 25.9 %. Red Light Photo/School Zone Enforcement Month 2013 2014 Variance Fawrable /(Uitfawrable) Goss Re%enue Payments to ATS Net Re%enue Cross Revenue Payments to ATS Net Revenue $ Variance % Variance Jan $ 305,790 S (53,237) $ 252,553 S 237,957 S (53,038) S 184,920 $ (67,633) -26.8% Feb 206,768 (53,209) 153,560 165,840 (52,250) 113,590 (39,970) -26.0% Mar 235,118 (59,123) 175,996 142,210 (52,250) 89,960 (86,036) -48.9% Apr 260,705 (53,390)l 207,315 217,687 (52,250) 165,437 (41,878) -20.2% May 253,306 (53,194)1 200,113 236,325 (52,250) 184,075 (16,038) -8.0% Jun 243,295 (53,276) 190,019 188,911 (53,000) 135,911 (54,108) -28.5% Jul 259,383 (39,238) 220,146 - - Aug 230,479 (38,881) 191,598 Sep 154,855 (53,114) 101,741 Novemberl Oct 212,154 (53,330) 158,824 December 100,484 Nov 216,533 (53,113) 163,421 Probation 38,074 41,116 Dec 164,726 (52,990) 111,736 -14.8% S 809,060 $ 765,696 S 728,553 YTD Total $ 1,504,983 $(325,428) $ 1,179,555 $1,188,931 $(315,038) $ 873,893 $ (305,662) -25.9% Annual Total $ 2,743,112 $(616,092) $ 2,127,021 n/a n/a n/a n/a n/a Annual Budget n/a n/a 830,000 n/a n/a 830,000 n/a n/a Court Court revenues are $81K or 10.0% below 2013 year -to -date actuals and $37K or 4.9% below 2014 year -to -date budget. The negative variance is mainly due to decrease in traffic & non - parking infraction, criminal costs, and criminal conviction fees. COURT REVENUE Year-to-date thru June 2013 Actual 2013 Actual 2014 Fswrsble /(Un rable) Change from 2013 2014 Actual vs Budget Budget Actual S % S % EFebru $ 117,372 $ 110,308 $ 109,519 $ 7,853 -6.7% $ 788) -0.7% DUI & Other M isd 142,899 134,298 116,497 26,403 -18.5% 17,802 - 13.3% (1,316) 154,689 145 379 129,654 (25,035 - 16.2°/ 15,724 -10.8% April 1 128,560 120,822 147,229 18,668 14.5% 26,406 21.9% May 134,047 125,979 1 93,923 40,124 -29.90/6 32,055) -25.4% June 93,418 87,795 96,695 3,277 3.5% 8,900 10.1% July 138,535 130,196 (3,038) -8.0 YTD Total $ 809,060 $ 728,553 August 111,353 104,651 Se tembe 102,806 96,618 October 123,536 116,100 Novemberl 89,825 84,418 December 100,484 94,436 Probation 38,074 41,116 35,036 (3,038) -8.0% (6,080) -14.8% S 809,060 $ 765,696 S 728,553 $ (80,507) - 10.0% S 37,143 4.9% Probation 36,007 38,884 n/a n/a n/a n/a n/a Annual $ 1,511,606 $ 1,431,000 Na n/a n/a n/a n/a COURT REVENUE Year -to -late thru June 2013 Actual 2014 Actual avora e n avora e Changefrom 2013 $ Civil Penalties $ 10,732 S 9,779 $ (953) -8.9 Traffic & Non-Parkinj 449,974 398,098 (51,876) -11.5 Parking Infractions 19,479 12,234 (7,244) -37.2 DUI & Other M isd 55,948 53,260 (2,688) -4.8 Criminal Traffic M isd 1,602 286 (1,316) -82.2 Criminal Costs 73,696 61,993 (11,703) -15.9 Interest / Other / M is 57,143 65,155 8,012 14.0 Criminal Conv Fees 44,311 32,261 (12,049) -27.2 Shared Court Costs 11,445 22,686 11,241 98.2 Services & Charges 46,657 37,766 (8,891) -19.1 Subtotal $ 770,986 $ 693,517 $ (77,469) -10.0 Probation Services 38,074 35,036 (3,038) -8.0 YTD Total $ 809,060 $ 728,553 $ (80,507) -10.0 Federal Way Community Center The Federal Way Community Center Fund was established as a special revenue fund supported by user fees and designated utility tax transfer. Federal Way Community Center 2013 2014 YM Budget vs Actual Favorable /(Unrawrable) Budget Annual Actual YrD Actual Budget YrD Budget YM Actual S % Beginning Fund Balance S 1,197,501 $ 1,197,498 S 1,197,498 S 1,597 12 $1,597,512 S 1,597,512 n/a n/a Operating Revenues: Daily Drop-ins $ 310,000 $ 308,423 S 168,860 $ 310,000 $ 169,723 $ 183,206 $ 13,483 7.9% Passes 770,000 863,267 430,384 770,000 383,886 412,653 28,768 7.5% City Employee Membership Program 31,000 36,177 20,425 31,000 17,503 17,533 30 0.2% Youth Athletic Programs. 45,000 42,833 27,940 45,000 29,353 32,166 2,813 9.6% Aquatics Programs -Less ons/Clas ses 126,000 145,796 83,804 126,000 72,425 76,803 4,379 6.0% Childcare Fees 9,000 7,089 3,666 9,000 4,654 3,418 1,237) -26.6% Fitness Classes /Fitness Training 105,000 144,242 73,789 105,000 53,714 71,010 17,296 32.2% Towel/equipment Rentals 4,0001 3,747 2,181 4,000 2,329 1,786 543 -23.3% Pool Rentals/Competitive-Lap Lanes 16,000 18,795 9,352 16,000 7,961 12,072 4,111 51.6% Rentals 195,000 183,985 92,614 195,000 98,158 118,098 19,940 20.3% Merchandise Sales 7,500 10,240 5,408 7,500 3,961 5,674 1,713 43.2% Concessions /Vending 5,067 1,131 - 29,790 29,790 n/a Interest Eamin s /OtherMisc 1,403 1 1,215 1,039 1,039 n/a General Park/Ree - Facility use charge 25,000 25,000 12,498 25,000 12,498 12,499 1 0.0% Total Operating Revenues 1,643,500 1 796 064 933,267 1,643.500 856,165 977,748 121,593 14.2% Operating Expenditures: Personnel Costs 1,331,807 1,351,549 672,580 1,361,606 677,584 695,368 17,783) -2.6% Supplies 142,500 167,597 76,009 142,500 64,627 99,049 (34,422) -53.3% Other Services & Charges 172,500 159,492 59,407 172,500 64,253 49,775 14,478 22.5% Utility Cost 385,000 308,634 134,222 385,000 167,432 104,116 63,316 37.8% Intergovemmental 20,500 28,612 15,823 20,500 11,337 13,201 1,864) -16.4% Capital - n/a Internal Service Charges 116,046 105,526 58,023 115,669 57,834 57,834 0 0.0% Total Operatine Filienditures 2,168,353 2,121,411 1,016 064 2,197,775 1,043,068 1,019,342 23 726 23°/ Revenues Over / Under Expenditures 524,853 325,347 (82,798) 554,275 186,902 (41,594) 145,309 -77.7% Recovery Ratio 75.8% 84.7% 91.9% 74.8% 82.1% 95.9%, n/a Other Sources Utility Tax - Reserves 267,944 469,102 1 - 234,053 2 082 2,082 n/a Utility Tax -Operations 524,853 325,347 1 82,798 554,275 186,902 44,737 142,165) -76.1% Grant /Other Contnbution 79,469 79,4691 79,469 - - - n/a Total Other Sources 8729266 1 873,918 162,267 788,328 186,902 46,819 (140,083) - 75.0% Other Uses: n/a Capital/Use ofReserves/Grants 147,221 148,557 137,315 3,500 3,500 3,143 357 10.2% Bad Debt Expense - n/a Total Other Uses 147,221 148,557 137,315 3,500 3,500 3,143 357 10.2% Net Income 200,192 400,014 (57,846) 230,553 3 00 2,083 5,583 -159-5% End ng Fund Balance S 1,397,693 S 1,597,511 S 1,139,651 S 1,828,065 $ 1 94 012 S 1,599,595 S 5,583 0.4% The operating revenue budget includes $1.64M in user fees /program revenues, $554K contribution from utility tax for operations, $234K contribution from utility tax for reserves, and $25K use charge from General Fund Recreation for use of the facility. Year -to -date operating revenues total $978K which is $122K or 14.2% above the year -to -date budget. In comparison to 2014's year -to -date budget: • Daily Drop -in revenues are $13K or 7.9% above the projected revenue. This increase is due to above average attendance during weekends, local school winter and spring breaks, and large group visits from neighboring districts. ■ Pass revenues are $29K or 7.5% above the projected revenue. The increase is due to marketing and membership retention efforts and high attendance in group exercise and aquatics programs for families. Strong program offerings are helping bring in new customers and retain current ones; in particular the addition of Group Ride and adjustments to pool hours to better serve families with young children. ■ Aquatic Programs are $4K or 6.0% above the projected revenue. The increase is due to high enrollment in swim lessons, teen and private swim lessons, and lifeguarding courses. • Fitness Classes are $17K or 32.2% above the projected revenue. The increase is due to high enrollment in Group Training Programs, Biggest Loser Competition and Silver Sneakers. • Rental Revenues are up $20K or 20.3% above the projected revenue. The increase is mainly due to higher than normal 1' quarter bookings for birthday parties, meeting rentals, and special events. Also, more efficient booking and scheduling practices allowed for increased birthday party bookings, and also double bookings for special events. ■ Concessions/Vending is up $30K compared to 2013 revenue. The increase is due to the success of the new Splash Cafe. Year -to -date operating expenditures total $1.0M which is $24K or 2.3% below year -to -date budget. Federal Way Community Center has recovered 95.9% of operating expenditures compared to the annual budgeted recovery ratio of 74.8 %. In comparison to 2014's year -to -date budget: ■ Personnel Costs increased by $18K or 2.6 %. The increase is due to increase instructor hours in fitness and aquatics to accommodate increase 1st quarter demand. Expenses to add swim lesson instructors and group exercise instructors are offset by increased revenues in pass revenues and aquatic programs. ■ Supplies are $34K or 53.3% higher than projected, due to a few substantial pool system repairs and part replacements, and increased cleaning and service supplies needed when the facility is busier than normal. Additional supply costs are also due to the opening of the Splash Caf6 in February 2014. • Other Services & Charges are $14K or 22.5% below the projected spending due to facility staff performing in -house repairs with supplies versus hiring contracted service providers. ■ Utility Costs are $63K or 37.8% below the projected spending due to Facility staffing efforts to improve energy efficiencies in the building. Also we are behind by one payment compared to 2013. The annual City's utility tax contribution of $788K for the Community Center is scheduled to provide $554K for operations and $234K for capital reserves. Year -to -date only $45K is needed to cover maintenance and operations compared to $83K needed this time last year. The chart below provides a history of year -to -date revenues, expenditures and utility tax operating subsidy. FWCC Finance Performance Year -To Date June $1,800 $1,600 — $1,400 ------ — -- - v $1,200 30 $1,000 — — - c $800 — H $600 — $400 - — $200 L - — $0 -- YTD 2010 YTD 2011 YTD 2012 YTD 2013 YTD 2014 ■ Rev - $840 $837 $892 $933 $978 ■ Exp $985 $979 $1,015 $1,016 $1,022 Ending Fund Ba1 $332 $781 $932 $1,140 $1,600 Operating Subsidy $145 $142 $124 $83 $45 Dumas Bay Centre Dumas Bay Centre Fund year -to -date revenue of $348K is $14K or 2.3% above year -to -date budget but $20K or 6.3% above year - to -date 2013. The increase in revenue compared to 2013 year -to -date is due to an increase in the number of overnight guests booked in the facility for some retreats compared to 2013. Year -to -date operating expenses total $343K, which is $15K or 4.7% above year -to -date budget of $328K. Expenses are above by $39K compared to 2013 year -to -date due to change in staffing in the kitchen operation and termination pay for the previous chef. Ending fund balance for Dumas Bay Centre Fund is a positive $326K, of which $122K is earmarked for repairs and maintenance. Dumas Bay Centre Fund Year -to -date thru June 2013 2014 YTD Budget vs Actual Bu .t7 Annual Actual YTD Actual Budget YrD Budget YTD Actual Favorable /(Unfavorable) $ Be i ning Fund Balance $ 138,698 $ 138,698 $ 138,698 $ 212,979 $ 212,979 $ 212,979 n/a n/a Operating Revenues: 629,893 317,114 317,353 324,717 2,548,922 Prescription Services 6,958 51,458 In -House Food Services 272,000 253,728 132,196 275,000 143,279 146,791 3,512 2.5% Dumas Bay Retreat Center 356,251 369,151 1 194,847 360,251 190,149 200,750 10,600 5.6% Knutaen Family Theatre - - Professional Services & Other 41,696 - - - n/a Total Operating Revenues 628,251 622,879 327,043 635,251 333,428 347,540 14,112 23% Ope ating Expenses: Total Balance in Self Insured Health as of 6/30/2014 516,058 160,458 377,143 113,228 539 10,402 1,177,827 In -House Food Services 238,559 212,165 94,686 243,432 108,640 120,367 11,728 - 10.80/0 Dumas Bay Retreat Center 355,410 349,249 172,311 362,552 178,874 185,796 6,921 -3.9% Knutaen Family Theatre 85,080 77,638 36,817 85,080 40,346 37,035 3,311 8.2% Total Operating Expenses _679,04-9- 639,053 303,814 691,065 327,860 343,198 15,338 4.7% Revenues Over/ Under Expenses 50,798 16,174 23,229 55,814 5,568 4 ,343 1,226 -22.0% Recovery Ratio 92.52% 97.47% 107.65% 91.92% 101.70% 101.27% n/a n/a Transfer In Gen Fund - Pump Station - - - - n/a Transfer In Gen Fund - Pump Station M&O 4,000 4,000 4,0001 4,000 4 000 4,000 0.00/0 Transfer In Utility Tax 112,000 112,000 112,000 112,000 112,000 112,000 0.00/0 Total Other Sources 116,000 116,000 116,000 116,000 116,000 116,000 - n/a Marketing Study & Implementation - - n/a Plump Station M &O 8,000 4000 - - - n/a Repairs & Maintenance 134,697 25,544 1 17,510 109,153 6,949 6,949 - 0.00% Total Other Uses 142,697 25,544 17,510 113,153 6,949 6,949 - n/a Net Income (77,495) 74 82 121,719 52 967 114,619 113,394 (1,226)1 -1.1% End Fund Balance S 61,203 $ 212 79 S 260,417 IS 160,012 1 S 327,598 1 S 326,373 S (1,226)1 -0.4 "/0 Self- Insured Health Self- Insured Health year -to -date contributed revenue is $2.5M. Currently the contributed revenue is generated from the employee paid contribution (range from $30 to $123 per employee) and the employer paid contribution (range from $600 to $1,700 per employee), varying depending on number of dependents. Self- Insured Health year -to -date expenditures are $1.4M for prescription services, medical services, health insurance -stop loss, and professional services. Year -to -date balance for the Self- Insured Health program is $1.2M. Self Insured Health - 2014 Description Jan Feb Mar Apr May Jun YTD Total Health Insurance Premium- Contribution Revenue 642,986 316,858 314,893 317,114 317,353 324,717 2,233,922 Transfer In from General Fund for Pre- Funding - - 315,000 - - 315,000 Total Revenue and Transfer In 642,986 316,858 629,893 317,114 317,353 324,717 2,548,922 Prescription Services 6,958 51,458 31,618 41,794 49,599 44,170 225,597 Medical Services 35,641 104,942 113,608 162,093 213,966 216,685 846,935 Health Insurance - Stop Loss 42,633 - 64,603 32,231 31,992 171,460 Professional Services & Other 41,696 - 42,921 - 21,018 21,468 127,103 Total Expenditures for Self Insured Health 126,928 156,400 252,750 203,886 316,814 314,316 1,371,095 Total Balance in Self Insured Health as of 6/30/2014 516,058 160,458 377,143 113,228 539 10,402 1,177,827 *The $642,986 received in January is contributed revenue for January and February 2014 self - insured health service. FUND ACTIVITY SUMMARY Fund # /Fund Name Begin Balance 6/1/2014 VTD Re-.enue YTD Expenditure YTD Net Income /(loss) Facing Balance 6/30/2014 001 /101 General /Street Fund $ 16,240,294 $ 22,412,150 $ 23,269,370 $ (857,220) $ 15,383,074 201 Debt Service Fund 5,248,336 950,236 1,728,456 (778,220) 4,470,116 Special Revenue Funds: 102 Arterial Street 159,531 238,122 811,357 (573,235) (413,704) 103 Utility Tax( *) 3,667,540 6,708,987 3,194,725 3,514,262 7,181,803 106 Solid Waste & Recycling 211,761 159,843 201,944 (42,101) 169,660 107 Special Contracts /Studies Fund 357,019 81,099 13,233 67,865 424,884 109 Hotel/Motel Lodging Tax 227,034 89,559 18,699 70,860 297,894 110 2% for the Arts 293 - - - 293 I l l Federal Way Community Center 1,597,512 1,024,567 1,022,484 2,083 1,599,595 112 Traffic Safety Fund 2,804,483 875,337 19,720 855,617 3,660,100 119 CDBG 40,718 154,846 198,492 (43,646) (2,928) 120 Path & Trails 162,439 22,227 157,000 (134,774) 27,666 Subtotal Special Revenue Funds 9,228,330 9,354,587 5,637,655 3,716,933 12,945,263 Capital Project Funds: 301 Downtown Redevelopment 2,962,522 583,488 1,122 582,366 3,544,887 302 Municipal Facilities 682,442 296 74,225 (73,929) 608,513 303 Parks 2,433,496 611,507 664,557 (53,050) 2,380,446 304 Surface Water Management 2,402,742 8,276 134,465 (126,190) 2,276,552 306 Transportation 13,194,855 3,514,487 3,448,958 65,529 13,260,385 Subtotal Capital Project Funds 21,676,057 4,718,053 4,323,327 394,726 22,070,783 Enterprise Funds: 401 Surface Water Management 3,941,067 1,859,868 1,427,288 432,580 4,373,647 402 Dumas Bay Centre Fund 212,979 463,540 350,147 113,394 326,373 Subtotal Enterprise Funds 4,154,047 2,323,408 1,777,434 545,974 4,700,020 Internal Service Funds 501 Risk Management 5,644,490 2,946,676 2,235,613 711,063 6,355,553 502 Information Systems 3,792,955 1,067,050 981,912 85,138 3,878,093 503 Mail & Duplication 214,523 74,617 40,603 34,014 248,537 504 Fleet & Equipment 6,010,333 989,061 515,424 473,637 6,483,971 505 Buildings & Furnishings 1,710,731 265,441 192,420 73,021 1,783,752 Subtotal Internal Service Funds 17,373,032 5,342,846 3,965,972 1,376,874 18,749,906 Total All Funds $ 73,920,096 $ 45,101,280 $ 40,702,214 $ 4,399,066 $ 78,319,162 * Utility Taxendingfund balance of$7,181,803 includes $1,104,696 reserved for Prop 1. COUNCIL MEETING DATE: August 12h'2014 ITEM #: 5 l �) CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ZAYO GROUP, LLC. CONDUIT LEASE AGREEMENT POLICY QUESTION: Should the City of Federal Way enter into a Conduit Space Lease Agreement with Zayo Group, LLC? COMMITTEE: FEDRAC MEETING DATE: July 22nd, 2014 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Thomas Fichtner, IT Manager DEPT: Information Technology _._.._..__......._......._.........._..._...._.__._ ......... ...._......_...__._.._._._._... -..... ..........................._.._ _.__.._......_................. __._..._...................._......._.._._._....................._.._...._...- .............._.__....__._.... — _... .... _.. -- .�.---- ............._.. - - Attachments: 1. Background Memorandum to the Finance, Economic Development and Regional Affairs Committee dated July 17, 2014. 2. Conduit Space Lease Agreement (to be provided at or before the meeting). Options Considered: 1. Approve the Mayor's recommendation and forward to the Council Consent Agenda on August 12, 2014. 2. Deny approval of the Mayor's recommendation and provide staff with further direction. MAYOR'S RECOMMENDATION: Mayor recommends forwarding Option 1 to the August 12, 2014 Council Consent Agenda. MAYOR APPROVAL: , 7 ,D IRECTOAPPROVAL: Com i to , ouncil J�AsAr.na. ^.n Initial CHIEF OF STAFF: au COMMITTEE RECOMMENDATION: I move to forward the proposed Option 1 to the August 12, 2014 Council Consent Agenda. 2Zti Dini Duclos, Bob Celski, Martin Moore, Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the Conduit Space Lease Agreement with Zayo Group, LLC, and authorize the Mayor to sign said agreement. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 08/12/2010 RESOLUTION # ` CITY OF CITY HALL 33325 Federal Way Feder 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityotfederahvay. con CONDUIT SPACE LEASE AGREEMENT Between CITY OF EDERAL WAY and ZAYO GROUP, LLC This Conduit Space Lease Agreement ( "Agreement ") is effective on the later date executed by both parties ( "Effective Date ") and is entered into by and between the City of Federal Way ( "Federal Way "), a Washington municipal corporation, and Zayo Group, LLC, a Delaware limited liability corporation ( "Zayo "). Recitals WHEREAS, Zayo is a telecommunications company, as defined in RCW 80.04.010, and WHEREAS, Zayo is a franchised Telecommunications service provider within the City of Federal Way, pursuant to Ordinance No. 13 -738, and WHEREAS, Federal Way and Zayo each desire to enter into this Conduit Space Lease Agreement in order to facilitate Zayo's provision of telecommunications services, and WHEREAS, Zayo will provide in -kind services to enhance the current and future fiber optic capabilities for the City and its surroundings in order to provide the best services possible to the citizens of City of Federal Way and connect additional jurisdictions as consideration for such conduit use, and WHEREAS, Federal Way will provide to Zayo the right to place Zayo fiber optic cable within Federal Way - owned conduit paths. NOW, THEREFORE, in consideration of the mutual promises and covenants herein, the parties agree as follows: 1. Definition; Notices; Exhibit As used in this Agreement, the following terms have the following meaning: 1.1 (A) "Zayo Affiliates" means an entity controlling, controlled by, or under common control with Zayo Group, LLC. (B) "Federal Way Affiliates" means any (i) public agency (including any municipal corporation) with which Federal Way has a valid and effective Interlocal Agreement pursuant to and in accordance with RCW 39.34; or (ii) public service nonprofit organization with which Federal Way has a valid and effective fiber use agreement for provision of services. 1.2 "City Fiber" means the fiber optic cable installed by Zayo for the use or ownership of Federal Way pursuant to the terms of this Agreement, as identified in Exhibit A hereto. 1.3 "Conduit" means pre- existing conduit located in and under the public right -of -way in the City of Federal Way, King County, Washington in the specific location described and depicted on Exhibit B to this GOODS AND SERVICES AGREEMENT - 1 - 4/2011 CITY OF CITY HALL 33325 4414 . Federal Way Feder 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www ci Wffedera4W com Agreement. cable 1.4 "Zayo Innerduct" means the innerduct within the Conduit into which Zayo may install fiber optic 1.5 "IRU" means an indefeasible right of use pursuant to the terms and conditions of this Agreement. 1.6 "Zayo Fiber" means the fiber optic cable installed by Zayo for the use or ownership of Zayo pursuant to the terms of this Agreement. 1.7 "Notice Addresses" mean: If to Federal Way: IT Manager City of Federal Way 33325 8th Ave S. Federal Way, WA 98003 If to Zayo: Zayo Group, LLC 1805 29th Street Boulder, CO 80301 Attn: General Counsel, ZFTI 1.8 "Override" shall mean where one party's fiber optic cable is placed alongside existing fiber optic cable of the other party; i.e., not in a separate innerduct. 2. Conduit Use 2.1 Grant. Subject to the terms and conditions herein, Federal Way hereby leases to Zayo space in Federal Way's Conduit as described in Exhibit B attached hereto and incorporated by this reference. 2.2 Federal Way's Reserved Rights. Zayo's use of the Conduit is limited to the right to occupy and use the space for the installation and maintenance of fiber optic cable to provide telecommunications services, pursuant to its Franchise Agreement with Federal Way, to Federal Way's community as well as communities surrounding Federal Way. Federal Way reserves to itself the sole right to install other facilities in the Conduit so long as such use does not interfere with or impair Zayo's right and ability to use and occupy the Conduit. Additionally, Federal Way reserves the right to control the additional space in the Conduit, the vaults, including but not limited to the right to authorize others to use those facilities, and the right to change, alter, or relocate those facilities so long as such use does not unreasonably interfere with or impair Zayo's right and ability to use, access and occupy the Conduit. Following the installation of fiber optic cable contemplated in this Agreement, Zayo shall have no right to install additional facility within the Conduit with respect to Segment 1 thru Segment 6 (as defined in Exhibit B), and Federal Way shall have no right to install facility within the Zayo Innerduct/microducts with respect to Segment 1 thru Segment 6 (as defined in Exhibit B). 2.3 Condition. (A) Zayo understands and expressly accepts the Conduit in "as -is" condition ( "As- Is Condition "), and any and all responsibility that comes with that understanding. City expressly disclaims any GOODS AND SERVICES AGREEMENT - 2 - 4/2011 CITY OF CITY HALL 33325 8th Avenue South Federal Way Federal Way, WA 98003 003 -6325 (253) 835 -7000 www cityot%derahvay cam representations regarding the condition of the Conduit for Zayo's intended use and purpose. Zayo may, at its cost, proof the Conduit prior to installation; provided that if Zayo discovers that the Conduit is defective Zayo may cancel this Agreement without penalty. (B) Zayo's installation of its facilities and equipment in the Conduit and use of the Conduit and adjoining vaults is completely at Zayo's sole risk with respect to the As -Is Condition. Zayo hereby fully and completely waives and releases all claims against Federal Way that arise from the As -Is Condition of the Conduit. Federal Way acknowledges that the foregoing is not intended to constitute a waiver or release of Federal Way's liability by Zayo arising out of Federal Way's acts or omissions that are not related to the As -Is Condition. 3. Lease Term. 3.1 The term of the Lease granted herein (the "Term ") shall commence upon the Effective Date and shall expire at 11:59 p.m. on August 31St, 2024, unless earlier terminated by either Party in accordance with the provisions herein. 3.2 Only in the event that Zayo is in good standing throughout any Term of this Agreement, Zayo may renew the lease granted herein for successive five (5) year terms (each, a "Renewal Term ") upon one - hundred and eighty (180) -day's written notice to the City of its intent to renew; provided that parties reach agreement of lease fee for any renewal term(s) prior to the expiration of the Initial Term or any Renewal Term(s) thereof. If no agreement can be reached, or at either party's sole discretion, either party may terminate this Agreement at the end of the Initial Term or any subsequent renewal term(s) by providing ninety (90) day's prior written notice to the other party of its intention not to renew. Each Rwmal Term shall be governed by the same terms and conditions as the Initial Term, subject to revisions or amendments made by the Parties in writing. The Initial Term and the Renewal Term(s) shall be referred to collectively as the "Term ". For purposes hereof, "good standing" means that Zayo has not been in Default under Sectionl l of this Agreement. 4. Lease Fee and In Kind Consideration. 4.1 In consideration for the Lease, Zayo shall complete the projects identified in Exhibit A, attached hereto and incorporated by this reference (each, a "Project" and collectively, the "Projects "); provided that each of the Projects shall be completed within six (6) months after Zayo receives all Federal Way and third party permits required for the completion of each applicable Project. Zayo shall have no obligation to pay to Federal Way any fee during the Initial Term with the exception of Item "J" as defined in Exhibit A. 4.2 Federal Way agrees that Zayo may submit applications for applicable construction, traffic control and other permits ( "Permits ") required for items in Exhibit B, prior to submitting applications for Permits required for items in Exhibit A, PROVIDED that Zayo submits applications for Permits required for items in Exhibit A no later than 6 (six) months after the Effective Date of this Agreement. 5. Conditions of Use. 5.1 Zayo shall comply with all of the construction, restoration, inspection, and maintenance procedures and requirements set forth in the City's Design and Construction Standards and other City laws pertaining to the use of and work in the public right -of -way. 5.2 Prior to installing fiber in the Conduit, Zayo shall inspect that segment of the Conduit, GOODS AND SERVICES AGREEMENT - 3 - 4/2011 ` CITY OF CITY HALL 33325 Federal Way Feder 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityofederaiway.. com document the condition of the segment in a format agreeable to both Parties, and provide such documentation to the City. Such documentation shall include, for each segment in the Conduit: (1) identification of any empty conduits that are not continuous, are obstructed, or are otherwise not usable; (2) physical labeling of the identified bad conduits at the endpoints; (3) identification of the cables installed in non -empty conduits by cable type and owner, based on available labels and markings; (4) confirmation that the segment includes locate wire; (5) GIS coordinates of all access points; (6) identification of any abandoned fiber cables 5.3 Limitation on Federal Ways Use. Federal Way may not resell the City Fiber and/or any other in -kind compensation provided by Zayo, and Federal Way's use of such City Fiber and in kind compensation is expressly limited to non - commercial, public use by Federal Way or Federal Way Affiliates. In the event a Federal Way Affiliate with permitted use of the City Fiber and/or any other in -kind compensation provided by Zayo dissolves or becomes a private for - profit entity, (including the dissolution or privatization of any consortium or other organization comprised of any Federal Way Affiliate), the use of the City Fiber and/or any other in -kind compensation provided by Zayo by such affected Federal Way Affiliate shall be terminated. 6. Compliance with Laws. Zayo shall not use or permit its facilities or any part thereof to be used for any purpose in violation of any local, state or federal law or regulation. 7. Maintenance; Utilities. The parties shall each be responsible for the maintenance obligations as set forth in this Section 7, with respect to the segments as defined in Exhibit B hereto. "Maintenance" includes but is not limited to general upkeep, repair and maintenance, change, alteration, or relocation of the facilities. 7.1 Initial Condition of the Conduit. Zayo shall accept the Conduit and the shared areas of the vaults in as -is condition. Federal Way shall be responsible for performing all maintenance and repairs of the Conduit for the Term. The Parties agree to share the direct costs of such maintenance and repair of the Conduit as follows: (A) Segment 1 — Pacific Highway South from S 283`d St. to 16`" Ave S - Zayo and Federal Way shall each be responsible for the cost of maintenance for the Conduit as follows: Zayo shall be responsible for thirty -three percent (33 %), and Federal Way shall be responsible for sixty -seven percent (67 %). Fiber maintenance within the Conduit shall be the responsibility of the respective owner (i.e., Zayo shall be fully responsible for maintenance of the Zayo Fiber, and Federal Way shall be fully responsible for the City Fiber and any other Federal Way -owned cables. (B) Segment 2 - Pacific Highway South from S 283`d St. to S. 272nd St - Zayo and Federal Way shall each be responsible for the cost of maintenance for the Conduit at this segment as follows: Zayo shall be responsible for fifty percent (50 %), and Federal Way shall be responsible for fifty percent (50 %). Fiber maintenance within the Conduit shall be the responsibility of the respective owner (i.e., Zayo shall be fully responsible for maintenance of the Zayo Fiber, and Federal Way shall be fully responsible for the City Fiber GOODS AND SERVICES AGREEMENT - 4 - 4/2011 CITY OF CITY HALL ,�.., 8th Avenue South Federal Way, WA 98003 -6325 Federal Way (253) 835 -7000 www cityotiederahvay com and any other Federal Way -owned cables. (C) Segment 3 - S 320th St. from Pacific Highway South to 23rd Ave S — Zayo and Federal Way shall each be responsible for the cost of maintenance for the Conduit at this segment as follows: Zayo shall be responsible for fifty percent (50 %), and Federal Way shall be responsible for fifty percent (50 %). Fiber maintenance within the Conduit shall be the responsibility of the respective owner (i.e., Zayo shall be fully responsible for maintenance of the Zayo Fiber, and Federal Way shall be fully responsible for the City Fiber and any other Federal Way -owned cables. (D) Segment 4 — S 336th St. from 13th PI S to Pacific Highway South — Zayo and Federal Way shall each be responsible for the cost of maintenance for the Conduit at this segment as follows: Zayo shall be responsible for fifty percent (50 %), and Federal Way shall be responsible for fifty percent (50 %). Fiber maintenance within the Conduit shall be the responsibility of the respective owner (i.e., Zayo shall be fully responsible for maintenance of the Zayo Fiber, and Federal Way shall be fully responsible for the City Fiber and any other Federal Way -owned cables. (E) Segment 5 - Enchanted Parkway from S 348th St. to WSDOT ROW - Zayo and Federal Way shall each be responsible for the cost of maintenance for the Conduit at this segment as follows: Zayo shall be responsible for fifty percent (50 %), and Federal Way shall be responsible for fifty percent (50 %). Fiber maintenance within the Conduit shall be the responsibility of the respective owner (i.e., Zayo shall be fully responsible for maintenance of the Zayo Fiber, and Federal Way shall be fully responsible for the City Fiber and any other Federal Way -owned cables. (F) Segment 6 - S 348th St from Pacific Highway South to Enchanted Parkway - Zayo and Federal Way shall each be responsible for the cost of maintenance for the Conduit at this segment as follows: Zayo shall be responsible for fifty percent (50 %), and Federal Way shall be responsible for fifty percent (50 %). Fiber maintenance within the Conduit shall be the responsibility of the respective owner (i.e., Zayo shall be fully responsible for maintenance of the Zayo Fiber, and Federal Way shall be fully responsible for the City Fiber and any other Federal Way -owned cables. 8. Mutual Indemnification. To the fullest extent allowed by law, each Party shall indemnify, defend, hold harmless and save the other Party (in the case of Federal Way, Party includes the City of Federal Way, Federal Way's elected officials, officers, agents, employees and contractors, and in the case of Zayo, Party includes Zayo Group, LLC, Zayo Affiliates, officers, agents, employees and contractors) from all claims, suits, losses, damages, fines, penalties, liabilities, and expenses (including actual and reasonable personnel and overhead costs and attorneys' fees, litigation costs and fees, and other costs incurred in connection with claims, regardless of whether such claims involve litigation) resulting from any actual or alleged injury (including death) of any person or from any actual or alleged loss of or damage to any tangible property to the extent arising out of or in connection with (i) the indemnifying party's negligent use of the fiber cables installed in the Conduit; (ii) the indemnifying party's breach of its obligations hereunder; or (iii) the indemnifying party's negligence in design, construction, or other modification to the trenches, conduits, fibers, and other associated facilities pursuant to this Agreement. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115 each Party agrees that the foregoing indemnity specifically covers actions brought by its own employees. The foregoing indemnity is specifically and expressly intended to constitute a waiver of each Party's immunity under Washington's Industrial Insurance Act, RCW Title 51, solely for the purposes of this indemnification. In the event of concurrent negligence, this indemnification shall be only to the extent of the indemnifying party's negligence. The indemnifying party shall promptly notify the indemnified party of casualties or accidents occurring in or about the Conduit. FEDERAL WAY AND ZAYO ACKNOWLEDGE GOODS AND SERVICES AGREEMENT - 5 - 4/2011 CITY OF CITY HALL Federal Way Feder 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www. cityoflederalway. com THAT THEY SPECIFICALLY NEGOTIATED AND AGREED UPON THE INDEMNIFICATION PROVISIONS OF THIS AGREEMENT AND THESE PROVISIONS SHALL SURVIVE THE TERM OF THE AGREEMENT. 9. Assignment and Subletting. Zayo shall not assign, sublet, or encumber the whole or any part of the Conduit, except to a Zayo Affiliate. Prior to any such assignment, sublet or encumbrance, Zayo shall notify Federal Way in writing of proposed assignment, sublet, or encumbrance, identifying the entity and contact information, and obtain Federal Way's written approval. The City's approval shall not be unreasonably withheld, conditioned, or delayed. 10. Modification or Amendment. This Agreement may be modified or amended at any time by mutual written agreement. 11. Termination. In the event a party becomes in Default, the other party may terminate this Agreement upon written notice to the Defaulting party. 11.1 A party is in default ( "Default ") of this Agreement if. i) it fails to commence to cure a material breach of any terms or conditions of this Agreement within thirty (30) days of receiving written notice of such breach from the other party, or ii) after having commenced to cure, it fails to promptly perform all necessary steps to obtain the required permit, or proceed promptly to complete such cure. For purposes of this provision, a submitted application for a required permit of any kind shall constitute the commencement of a cure. 11.2 If this Agreement is terminated by Federal Way: A. Zayo shall no longer be obliged to provide any project identified in Exhibit A that has not been commenced. For purposes of this Section 11.2 only, in the event an application for a permit of any kind is required, application for or the issuance of a permit for a project shall not constitute commencement. B. Subject to the foregoing limitation, commencement shall mean any step, of any kind, taken in the furtherance of a project. Any project commenced prior to termination must be completed pursuant to the terms and conditions of this Agreement. 11.3 Upon termination or non - renewal of this Agreement by Federal Way for any reason, Zayo's right to use the conduit shall terminate and ownership of the Zayo Fiber shall revert to Federal Way. 12. Attorneys' Fees. If either party retains the services of an attorney in connection with enforcing the terms of this Agreement, each party agrees to bear its own attorneys' fees and costs. 13. Authority and Liability. Zayo and Federal Way each have the requisite power and authority to enter into this Agreement and perform its obligations hereunder. 14. Force Majeure. Neither party shall be liable for any failure of performance (including any delay in restoration of service) hereunder due to causes beyond its reasonable control including any, but not limited to, acts of God, earthquake, flood, volcanic eruption, fire, explosion, vandalism, storm, or other similar catastrophes; any law, order, regulation, direction, decision, action or request of the United States government or the State of Washington; insurrection; riots or other civil disturbances; or wars. 15. Headings. The section headings used in this Agreement are used for purposes of convenience GOODS AND SERVICES AGREEMENT - 6 - 4/2011 CITY OF CITY HALL 33325 Federal Way, WA 98003 003 8th Avenue South Federal Way F Feder-6325 (253) 835 -7000 www.atyoffederalway.com and do not alter in any manner the content of the sections. 16. Entire Agreement. This Agreement and the Exhibits attached hereto, which are fully and completely incorporated by reference, set forth the entire agreement of Federal Way and Zayo concerning the Conduit pathway, City Fiber, and Zayo Fiber described herein, and there are no other agreements or understandings, oral or written, between Federal Way and Zayo concerning the Conduit, City Fiber, or Zayo Fiber. Any subsequent modification or amendment of this Agreement shall be binding upon Federal Way and Zayo only if reduced to writing and signed by both parties. 17. Applicable Law; Venue. This Agreement shall be governed by, and construed in accordance with the laws of the State of Washington. Jurisdiction and venue shall lie in the courts of King County, Washington. 18. Dispute Resolution. In the event that one party to this Agreement believes the other party has breached any term of this Agreement, the non - offending party shall notify the other party in writing with specific details regarding the exact nature of the alleged breach. The offending party shall have the opportunity to respond to the accusation or cure the alleged breach within 30 calendar days following the receipt of the notice. If the offending party contests any part of the alleged breach set forth in the notice, the parties shall meet to discuss the dispute or submit the matter to mediation administered by any established arbitration and/or mediation service provided in King County, Washington. The parties shall have 60 calendar days from the last day the offending party has to respond to the accusation (or to cure the alleged breach) to resolve the dispute. In the event that resolution is unsuccessful, the parties may then take any action and be afforded any remedies as allowed under law. 19. Negotiated Agreement. The parties to this Agreement acknowledge that it is a negotiated agreement, that they have had the opportunity to have the Agreement reviewed by their respective legal counsel, and that the terms and conditions of the Agreement are not to be construed against any party on the basis of such party's draftsmanship thereof. 20. Authorized Signatures. Pursuant to Zayo Resolution to Amend and Adopt Signature Authority Policy, attached hereto as Exhibit C, Gregg Strumberger, as General Counsel for ZFTI, is authorized to sign this Agreement and bind the corporate entity. 21. Counterparts. This Agreement may be executed in one or more counterparts, and each executed duplicate counterpart of this Agreement shall be deemed to possess the full force and effect of an original. [signature page follows] GOODS AND SERVICES AGREEMENT - 7 - 4/2011 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www. cityoffederaM,ay.. corn IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year indicated below. CITY OF FEDERAL WAY Jim Ferrell, Mayor DATE: ZAYO GROUP, LLC C Printed Name: Dylan DeVito Title: Associate General Counsel DATE: STATE OF WASHINGTON) ) ss. COUNTY OF ) ATTEST: City Clerk APPROVED AS TO FORM: Interim City Attorney, Amy Jo Pearsall On this day personally appeared before me , to me known to be the of that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that 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 20 . Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires GOODS AND SERVICES AGREEMENT - 8 - 4/2011 CITY OF CITY HALL Federal Way Feder 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www ciryotfederahvay com EXHIBIT A IN KIND SERVICES TO BE PROVIDED BY ZAYO Except as expressly provided below, at its sole cost and expense, Zayo will provide all necessary labor, materials, designs, engineering, and permits to perform and complete each of the following Projects for Federal Way, in accordance with the Agreement. A. Pacific Highway South from S 283rd St. to 16th Ave S — Zayo to install three (3) 1.25" Inner duct conduits inside Federal Way -owned 4" conduit. One inner duct reserved for Zayo Use. Two inner ducts reserved for Federal Way use. Zayo to install one (1) 2" conduit for Federal Way from Fiber/Utility vault to ITS junction box at the following locations; 288th & Pacific Highway, 320th & Pacific Highway, 336th & Pacific Highway, and 16th Ave S & Pacific Highway. B. S 320th St. from Pacific Highway South to Weyerhaeuser Wav S — Zayo to place two (2) micro conduit inside Federal Way ITS /Illumination conduit. One micro conduit reserved for Zayo Use. One micro conduit reserved for Federal Way use. Zayo to place (1) 48ct fiber cable in Federal Way conduit. Federal Way Cable shall be terminated at Traffic Control Cabinets located at the following intersections: S 320th St @ Pacific Hwy, S. 320' St @ 32nd Ave S, and S. 320th St @ Weyerhaeuser Way. C. S 348th St from Pacific Highway South to Enchanted Parkway — Zayo to place two (2) micro conduit inside Federal Way ITS /Illumination conduit. One micro conduit reserved for Zayo Use. One micro conduit for Federal Way use. Zayo to place (1) 48ct City Fiber cable inside Federal Way micro conduit. Fiber shall be terminated inside Traffic Controller cabinet at S 348th St and Pacific Highway South and spliced into segment "D" at S 348th St and Enchanted Parkway. D. Enchanted Parkway from S 348th St. to Milton Rd. — Zayo to place one (1) micro conduit inside Federal Way ITS /Illumination conduit. Zayo to place new 48ct City Fiber cable inside micro conduit. Fiber shall be spliced with segment "C" at Enchanted Parkway at S 348' St. E. S 336' St. from 13th Pl S to Pacific Highway South — Zayo to place (1) micro conduit inside Federal Way ITS /Illumination conduit. Zayo to place new 48ct City Fiber cable inside micro conduit. Zayo to replace Junction box at Traffic Controller cabinet to 30x48 composite to accommodate splice closure. F. S 336' St. and 13th Pl. S to Federal Wav Citv Hall (33325 8' Ave S. Federal Way. WA 98003) — Zayo to place (1) new 2" conduit starting at the intersection of S 336"' St. and 13th Pl. S and ending at 33325 8th Ave S. (City Hall Data Center). At the intersection of S 336th St. and 9th Ave. S, connect existing Traffic Signal junction box to new conduit run. Zayo to place new 48ct City Fiber cable inside new 2" conduit, that connects City Hall to S 336' St. and 13th Pl. S. Zayo to terminate 48 fibers at City Hall Data Center. G. S 348th St from Pacific Highway South to 9th Ave. S — Zayo to terminate existing 24 count City Fiber cable inside Traffic Signal Controller cabinets between Pacific Highway South and 9th Ave South. Page 9 of 16 CITY OF CITY HALL 4w. . Federal Way 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway. com H. City Hall to Federal Way School District Telco Tie — Zayo to place approximately 1200 feet of 144 ct fiber between City Hall Data Center and School District Telco Room in existing Federal Way conduit and terminate 144 fibers at each end. I. ITS Cabinet Splicing — Zayo shall provide Federal Way approved termination panel at up to I 1 locations and terminate up to 24 fibers per location. J. Traffic Signal Controller Upgrades — Zayo to provide a 1 -time, non - recurring charge (NRC), payment of $38,000 to the City of Federal Way for Traffic Signal Controller upgrades to fiber communications and related network equipment. K. SCORE Jail — Zayo to Provide 6 strands fiber from Data Center inside Federal Way City Hall, 33325 8th Ave S, Federal Way, WA, to Telco Demark inside SCORE Jail, 20817 17th Ave South Des Moines, WA. L. Sabey Data Center — Zayo to provide 6 strands fiber between Federal Way City Hall Datacenter at 33325 8th Ave S, Federal Way, WA to Sabey Data Center, 3355 S 120th Place, Tukwila, WA. Federal Way shall own facilities in the above items upon completion by Zayo, with the exception of items "K" and "L" which will be covered by Indefeasible Right of Use (IRU) for the Term of the Agreement. „ :, . Page 10 of 16 ` CITY OF CITY HALL �. 33325 8th Avenue South Fe d e ra I Way Federal Way, WA 98003 8003 -6325 (253) 835 -7000 www cityoffederalwey com EXHIBIT B FEDERAL WAY CONDUIT (A)Segment 1 — Pacific Highway South from S 283`a St. to 16' Ave S; 4" Conduit. Zayo to place three (3) 1.25" innerducts into existing Federal Way 4" conduit. Zayo to place fiber in one (1) Page 11 of 16 ` CITY OF CITY HALL ,. Fe d e ra I Way Feder 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway corn (B) Segment 2 - Pacific Highway South from S 283`d St. to S.272 d St.; 2" Conduit. Federal Way to provide space in one (1) 2" conduit for Zayo to place one (1) 1.25" innerduct and one (1) mule -tape outside of innerduct for future Federal Way use. Zayo to place fiber in one (1) innerduct only. Page 12 of 16 ` CITY OF CITY HALL 33325 �� Fe d e ra I Way Feder 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www. ciryoffederahvay. com (C) Segment 3 - S 3201h St. from Pacific Highway South to 25`h Ave S; ITS Conduit. Zayo to place two (2) microducts in existing ITS conduit. Zayo to place Zayo -owned fiber in one (1) microduct only. Page 13 of 16 ` CITY OF CITY HALL 44 Federal 33325 8th Avenue South Federal Way, WA 98003 -6325 Way (253) 835 -7000 www cityoffederalway com (D) Segment 4 — S 336" St. from 13" PI S to Pacific Highway South. Zayo to place two (2) microducts in existing ITS conduit. Zayo to place Zayo -owned fiber in one (1) microduct only. Page 14 of 16 ` CITY OF CITY HALL �.... Fe d e ra I Way 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffedera/way com (E) Segment 5 - Enchanted Parkway from S 348`h St. to WSDOT ROW ITS Conduit. Zayo to place two (2) microducts in existing ITS conduit. Zayo to place Zayo -owned fiber in one (1) microduct only. Page 15 of 16 ` Feder CITY OF CITY HALL 8th Avenue South Federal Way, WA 98003 -6325 Federal Way (253) 835 -7000 www cityoffederalway com (F) Segment 6 - S 348' St from Pacific Highway South to Enchanted Parkway. Zayo to place two (2) microducts in existing ITS conduit. Zayo to place Zayo -owned fiber in one (1) microduct only. Page 16 of 16 Subject: Mark Twain NTS 2014 — 25th Drive S & 22nd Avenue S (S Star Lake Road to S 284th Place) POLICY QUESTION: Should the Council approve the installation of 5 speed humps on 25th Drive S and 22nd Avenue S between S Star Lake Road and S 284th Place? COMMITTEE: Land Use and Transportation Committee MEETING DATE: August 4, 2014 CATEGORY: ® Consent ❑ City Council Business ❑ Ordinance ❑ Public Hearing ❑ Resolution ❑ Other STAFF REPORT BY: Erik Preston, P.E. — Senior Traffic En - .................I DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated August 4, 2014 Options Considered: 1. Authorize the installation of 5 speed humps on 25th Drive S and 22nd Avenue S between S Star Lake Road and S 284th Place. 2. Do not authorize the installation of the proposed traffic calming devices and provide direction to staff. MAYOR'S RECOMMENDATION: Mayor recommends forwarding Option 1 to the August 12, 2014 City Council Consent Agenda for approval. MAYOR APPROVAL: 'I�� /DIRECTOR APPROVAL: omm e � Council � CHIEF OF STAFF: Jti Iti �� wM %jam o ittee o cil COMMITTEE RECOMMENDATION: I move to forward Option I to the August 12, 2014 consent agenda for approval. Committee air ConAttee Member I CommitieeVmt5er PROPOSED COUNCIL MOTION: "I move approval of the installation of 5 speed humps on 25"Drive S and 22" `` Avenue S between S Star Lake Road and S 284`h Place. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1sT reading ❑ TABLED /DEFERRED /NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: August 4, 2014 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM: Marwan Salloum, P.E., Director of Public Works Erik Preston, P.E., Senior Traffic Engineer SUBJECT: Mark Twain NTS 2014 — 25`h Dr S & 22nd Ave S (S Star Lake Rd to S 284`h Pl) BACKGROUND: Residents living along 25t' Dr S and 22nd Ave S between S Star Lake Rd and S 284th PI submitted a petition requesting the installation of traffic calming devices to control vehicle speeds in an effort to improve vehicular and pedestrian safety along 25th Dr S and 22nd Ave S. A traffic study was conducted and the results are as follows: • Average Daily Traffic (ADT): 1, 664 • 85`" percentile speed.• 31.5 mph • 5-year Collision History: 2 collisions, 1 injury Based on the current adopted NTS installation criteria (per Table 1 below), 25th Dr S scored 4.0 total severity points. This meets the minimum 3.0 severity point to qualify for the installation of traffic calming devices. Table 1 Minor Collector Street NTS Criteria Point Scale 85th Percentile Seed Average Daily Traffic (ADT) Location School /Park 5 -Year Collision History Total Injury Fatal 0.0 0-25 0 - 1,000 No 1 - - 0.5 26-27 1,001 — 1,800 Yes 2 - - 1.0 1 28-29 1,801 — 2,600 - 3 1 - 1.5 30-31 2,601 — 3,400 - 4 - - 2.0 32-33 3,401 — 4,200 - 5 2 1 2.5 34-35 4,201 —5,000 - 6 - - 3.0 36+ 5,001+ - 7+ 3+ 2+ Points Given 2.0 0.5 0 0.5 1.0 0 Total Points Scored 4.0 A neighborhood traffic safety meeting was held on May 29, 2014 and was well attended by 30 residents. The attending group consensus was to install four or five speed humps on 25th Dr S as spacing and grades allow. August 4, 2014 Mark Twain NTS 2014 Page 2 If less than five speed humps could be installed on 25th Dr S, then a raised crosswalk at the S Star Lake Rd intersection and speed hump(s) on 22nd Ave S south of S 2800' P1 were to be considered. Traffic Division staff evaluated possible speed hump locations and proposed the following five locations; 1) 27523 250' Dr S 2) 27602 -27608 25th Dr S 3) 27812 -27818 25th Dr S 4) 27911 -27917 22nd Ave S 5) 2802922 nd Ave S The speed table locations were based upon driveway placement, roadway grade limitations (less than 8% required), intersection spacing, and placement for optimal effectiveness against speeding. Proposed speed hump locations have been marked on the street as shown on the attached map. In accordance with established NTS policies, staff sent ballots to property owners and occupants within 600 feet of the proposed traffic calming device locations and also to those with the proposal located along their sole access route. The following table summarizes the ballot results: Traffic Calming Device Ballots Sent Total 875 Ballots Returned 83 9.5% Undeliverable 51 Yes Votes 70 84% No Votes 13 16% Returned w/o Response 0 0% One of the installation criteria requires a 51% majority approval of the returned ballots. Based on the ballot results represented in the above table, the balloting exceeds this majority. The estimated cost of this project is approximately $15,000, which falls within the $15,000 per neighborhood per year budget limitation policy. The current allocated NTS budget per year is $50,000 with $20,000 designated specifically for school NTS and/or school safety related improvements. Staff recommends approving the installation of five speed humps on 25th Dr S and 22nd Ave S between S Star Lake Rd and S 284th Pl. The proposed package should be effective in reducing speeds and improving vehicular and pedestrian safety. However, there may be some negative impacts to the neighborhood including inconvenience, noise and a slight increase in emergency response time. cc: Project File Day File NORTH SECTION — 25 th Drive S � or IL 'Am ( Or 2 21 Ell lot ew SOUTH SECTION —Z2"u Avenue S SUBJECT: DEMOLITION OF STRUCTURE LOCATED AT 28866 PACIFIC Hwy SOUTH POLICY QUESTION: Should Council authorize staff to award the demolition contract for the demolition and removal of the structures located at 28866 Pacific Hwy South to Russ Lloyd Clearing & Demolition, the lowest responsive, responsible bidder? COMMITTEE: Land Use and Transportation Committee MEETING DATE: August 4, 2014 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution El Other STAFF REPORT BY: Will Appleton, P.E., Interim Deputy Public Works Director DEPT: Public Works ......... .... ......... ......... ......... ......... ...... .......... ......... ..........- ............................ ............... ..................... ... ................. Attachments: Land Use and Transportation Committee memorandum dated August 4, 2014, Bid tabulation. Options Considered: 1. Award the demolition contract for the demolition and removal of the structures located at 28866 Pacific Hwy South, in the amount of $42,516.22 to Russ Lloyd Clearing & Demolition, the lowest responsive, responsible bidder and approve a 10% contingency of $4,251.00, and authorize the Mayor to execute the contract. 2. Do not authorize Staff to award the contract and provide direction. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the 1 Consent Agenda for approA. MAYOR APPROVAL: CHIEF OF STAFF: Committee Council DIRECTOR APPROV J/f 12, 2014 City Council COMMITTEE RECOMMENDATION: I move to forward option 1 to the August 12, 2014 City Council Consent Agenda for appr %val. 1l i i k /'—/' 1 _ n Member Member PROPOSED COUNCIL MOTION: " I move to award the demolition contract fo)tthe demolitioV and removal of the structures located at 28866 Pacific Hwy South, in the amount of $42,516.22 to Russ Lloyd Clearing & Demolition, the lowest responsive, responsible bidder and approve a 10% contingency of $4,251.00, and authorize the Mayor to execute the contract." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1ST reading ❑ TABLED /DEFERRED /NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/20 10 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: August 4, 2014 TO: Land Use and Transportation Committee VIA: Jim Farrell, Mayor FROM: Marwan Salloum, P.E., Director of Public Works William Appleton, P.E. Interim Director of Public Works SUBJECT: Demolition of Structure at 28866 Pacific Hwy South BACKGROUND: Two bids were received and opened on July 25, 2014 for the Demolition of the City owned structure at 28866 Pacific Hwy South Project; please see attached Bid Tabulation Summary. The lowest responsive, responsible bidder is Russ Lloyd Clearing & Demolition, with a total bid of $42,516.22. AVAILABLE FUNDING: The available budget for the subject Project is $50,000. ESTIMATED EXPENDITURES: The following is a breakdown of the estimated total project construction costs based on the low bid: DESCRIPTION AMOUNT Asbestos Abatement $ 8,757.60 Removal of Structures $ 24,320.00 Removal of Asphalt Concrete $ 1,500.00 Removal of Concrete floors and foundation $ 2,250.00 Decommission Side Sewer $ 2,000.00 Sales Tax (9.5 %) $ 3,688.62 ESTIMATED TOTAL PROGRAM COST: $ 42,516.22 Reference checks on Russ Lloyd Clearing and Demolition indicate that the contractor has performed similar work. As a result, Staff believes Russ Lloyd Clearing and Demolition to be capable of successfully completing the subject project to the satisfaction of the City. Therefore, the lowest responsive, responsible bidder is Russ Lloyd Clearing and Demolition in the amount of $42,516.22 (Sales Tax Included). Staff recommends that a contingency of 10- percent ($4,251.00) also be authorized. i }� }� \� ° f/ /) .c U, tk 'E U-3 .E ,a 0 /� ) � cc 0 z m } ) \� m w co 0 00 00 ca \ \ \ \ \ M / \ \� A A �j I 'o a 0 C a w to wx N -t / \ \ \ \ \\ \ oc 0 z cc CL c u � \ \ \ \ \ \\ E E E COUNCIL MEETING DATE: August 12, 2014 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CONFIRMATION OF PARKS & RECREATION DIRECTOR POLICY QUESTION: Should the City Council confirm the Mayor's appointment, John Hutton, as the City's Parks & Recreation Director? COMMITTEE: N/A MEETING DATE: CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Brian Wi Chief of Staff DEPT: Mayor's Office Options Considered: 1. Confirm the appointment of John Hutton as the City's Parks & Recreation Director. 2. Postpone the confirmation and address it at the September 2, 2014 City Council meeting. 3. Do not confirm the appointment of the Parks & Recreation Director, which will result in the Mayor bringing forth another candidate for confirmation. MAYOR'S RECOMMENDATION: Confirm the appointment of John Hutton as the City's Parks & Recreation Director MAYOR APPROVAL: /DIRECTOR APPROVAL: ommitt CAuncil N Initi to In`itiall//Date 7 CHIEF OF STAFF: (A). (-n 7L)) f Nij Committee Council Initial/Date Initial/Date COMMITTEE RECOMMENDATION: N/A Initial/Date Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of Option " BELOW TO BE COMPLETED BY CITY CLERKS OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1$7 reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 08/12/2010 RESOLUTION # COUNCIL MEETING DATE: August 12, 2014 ITEM #: ( (b CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CITY COUNCIL RESOLUTION REGARDING PROPOSED PUBLIC HEALTH CLINIC CLOSURE POLICY QUESTION: Should the City Council approve the attached resolution opposing the proposed closure of the King County public health clinic in Federal Way? COMMITTEE: Committee bypassed due to timing constraints MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ® Resolution ❑ Other STAFF REPORT BY: Jeffrey Watson, Community Services Manager DEP T: Comm unity Development Attachments: As requested at the July 15, 2014 City Council meeting, staff prepared the attached resolution. Options Considered: 1. Approve the attached resolution 2. Amend the attached resolution 3. Do not approve the resolution MAYOR'S RECOMMENDATION: ADDroval of MAYOR APPROVAL: COMMITTEE RECOMMENDATION: N/A APPROVAL: N/A N/A N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of Option 1, to approve the attached resolution opposing the proposed closure of the King County public health clinic in Federal Way. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 08/12/2010 RESOLUTION # CITY OF Federal Way MEMORANDUM To: City Council From: Jeffrey D. Watson, Community Services Manage Via: Jim Ferrell, Mayor' Larry Frazier, Co unity Development Director Date: August 6, 2014 Subject: Proposed Federal Way Health Clinic Closure Public Health - Seattle & King County is proposing the closure of four of its 12 public health clinics beginning in 2015. The proposed closures are due to budget constraints that have been affecting the agency for many years. The four clinics proposed for closure are Auburn, Federal Way, Northshore and White Center /Greenbridge. Clinics to remain open include Kent and Renton. So, the two southernmost clinics in King County are slated for closure. The public health clinics serve primarily low- income persons and households with programs targeted to young women and single head -of- household families with babies and young children. The Federal Way clinic services include Maternity Support, the Women, Infants and Children (WIC) supplemental nutrition program, and Family Planning. The clinic provides services for approximately 39,000 visits to nearly 14,000 unduplicated persons annually. The attached information paper from Public Health - Seattle & King County summarizes the losses in service that will occur as a result of the closure. The intent of Public Health - Seattle & King County is that, with the closure of both the Federal Way and Auburn clinics, South King County residents will use the Kent and Renton clinics for services now provided in the communities where those residents live. This expectation imposes additional burdens on persons and families in our community who can least afford them. It means families will have to travel to Kent and /or Renton in seeking healthcare services provided by Public Health - Seattle & King County, services they now receive in Federal Way. For persons and families with fewer mobility choices, who rely on public transit, this means having to go further and spending more time in travel. This becomes a burden of time and cost, which may include lost wages if more time must be taken from work in order to travel further. The travel burden may be compounded by the proposed cuts to Metro transit service, which includes both reducing and eliminating transit service between Federal Way and Kent. For Memorandum Proposed Federal Way Health Clinic Closure Page 2 of 2 those who rely on transit, this may result in having to take more and longer bus routes to reach clinics in Kent or Renton. Additionally, the proposal for the closure of the clinics includes the elimination of the jobs at the clinics, but no additional staff at the clinics that would remain open. This means that in addition to traveling further to seek healthcare services, the residents of Federal Way may have to wait longer for appointments and corresponding services, as fewer staff will be serving more clients. The proposed clinic closures are contrary to many County policies regarding equity and social justice. The King County Public Health Operational Master Plan, adopted in 2007, includes as one of four Guiding Principles, "Driven by Social Justice:... Public health will be a voice for the needs of the weak, the poor, minorities and the disenfranchised." Additionally, King County further emphasized the importance of social justice regarding health in 2008 by instigating the King County Equity & Social Justice Initiative, and then adopted in 2010 the King County Strategic Plan 2010 -2014: Working Together for One King County. The Equity & Social Justice Initiative emphasizes the importance of equal access to basic health care, and the Strategic Plan emphasizes equitable opportunities for all people and communities. The closure of the southernmost clinics in King County places an additional burden those who can least afford it and are least able to protest. The proposed action is completely inconsistent with adopted County policies and plans regarding health, equity, and social justice. Public Health — Seattle & King County Budget Proposal: Federal Way Public Health Center Closure Overview In order to balance its budget, Public Health — Seattle & King County is proposing to close Federal Way Public Health Center (PHC), which will result in savings of $1.15 million per year. This closure will eliminate services for 13,700 low- income clients in January 2015. With the closure of the site, the following services will be eliminated: • Maternity Support Services (MSS) and Infant Case Management (ICM) for low - income pregnant women and some infants through their first year of life. MSS supplements prenatal care by providing, coordinated wrap- around services to low - income women as early in pregnancy as possible by a multi - disciplinary team of public health nurses, dietitians, behavioral health specialists and community health workers. This team provides the social, emotional and physical support to expectant and new mothers at a critical time, laying the groundwork for long -term health. ICM serves high -risk infants and their birth parents, working to improve self - sufficiency in accessing needed medical, social, educational and other services. ICM works seamlessly with MSS by providing continuity of care for eligible infants once they reach 2% months old and are no longer eligible for MSS services. Public Health provides 94% of MSS services in King County. In 2013, Federal Way PHC provided services to 4,430 MSS /ICM clients. • Women, Infants and Children (WIC) nutrition services for low- income pregnant women and children age five and younger. WIC provides monthly payments for healthy food, in addition to nutrition education to help families learn how to select a healthy diet on a limited budget. In 2013, Federal Way PHC provided services to 7,325 WIC clients. • Family Planning clinical services for low- income women. Family Planning works to reduce poverty and improve health outcomes for women and their families by decreasing teen pregnancy, unintended pregnancy, and sexually transmitted diseases (STD). The Family Planning program in Federal Way provides access to birth control methods, including emergency contraception; pregnancy tests with options counseling and referrals; STD screening, diagnosis and treatment; breast and cervical cancer screening and referrals; health education and risk reduction counseling; and referrals to community resources. In 2013, Federal Way PHC provided Family Planning services to 1,806 clients. FTE A total of 38 FTE will be eliminated as a result of this change. 7/9/14 Client Demographics Of Federal Way PHC's 13,700 clients: • 92% have incomes below 200% of the Federal Poverty Level • 73% are people of color • 7% are homeless • 59% of family planning clients are uninsured • 20% of pregnant women served by MSS indicate drug/alcohol involvement In addition, 11% of all visits require an interpreter. Budget Process We are early in the budget process and no decisions have been made. Public Health submitted a proposed 2015/2016 budget to King County Executive Dow Constantine. The Executive will then submit his proposed budget to the King County Council in September. Then, the King County Council will deliberate over the budget, with public input, and adopt a final budget in November. Importantly, the Federal Way Public Health Center is open throughout the budget process and we are continuing to serve clients. 2 7/9/14 RESOLUTION NO. A RESOLUTION of the City Council of the City of Federal Way, Washington, opposing closure of the King County Public Health Clinic in Federal Way WHEREAS, Federal Way is the 10th largest city in the state, with a population of 90,150 residents; and WHEREAS, Federal Way is a highly diverse community socio - economically; and WHEREAS, the City of Federal Way and the community share a strong concern for the disadvantaged members of the community, particularly families with small children; and WHEREAS, the City of Federal Way commits significant resources annually to providing safety net services and programs that help lift people out of poverty; and WHEREAS, the City of Federal Way's human services efforts are leveraged with partnerships with numerous community social services organizations, including, but not limited to, The Multi - Service Center, FUSION, Valley Cities; and WHEREAS, King County Public Health is facing an approximately $12 million annual budget deficit and is proposing closure of several local clinics to address the budget deficit; and WHEREAS, King County is proposing to close the Federal Way Public Health Clinic beginning in 2015, as well as clinics in Auburn, Bothell, and White Center. Two Seattle area clinics proposed for closure will have primary care services transferred to other healthcare providers; and WHEREAS, the Federal Way clinic closure will eliminate necessary services for 13,700 low- income clients, primarily women, that are critical to reducing poverty, supporting maternal and infant health, and providing family nutrition; and Resolution No. 14- Page 1 of 5 Rev 1 /10 WHEREAS, in 2013, the Federal Way clinic served 4,430 clients with Maternity Support Services (MSS) and Infant Case Management (ICM) for low- income pregnant women and some infants through their first year of life; and WHEREAS, in 2013, the Federal Way clinic served 7,135 clients with Women, Infants and Children (WIC) nutrition services for low- income pregnant women and children age five and younger; and WHEREAS, in 2013, the Federal Way clinic provided 1,806 clients with family planning services, reducing unplanned pregnancies, teen pregnancies, and sexually transmitted diseases; and WHEREAS, closing the Federal Way clinic will eliminate 38 full -time equivalent jobs; and WHEREAS, clients of the Federal Way clinic are overwhelmingly low- income and people of color, with 92% of clients having incomes 200% below the national income level, and 73% being people of color, while 59% do not have medical insurance; and WHEREAS, the proposal to close both the Federal Way and Auburn clinics will leave the southernmost cities in King County — the 5`h and 7t' largest cities in the County respectively - unserved by a public health clinic, thereby imposing a greater and disproportionate burden on low- income residents of Federal Way and Auburn to travel to the City of Kent for health services; and WHEREAS, while the City of Kent has two public health clinics, many Federal Way and Auburn public health clients are unlikely to be able to travel to Kent for public health services; and WHEREAS, low- income residents have fewer mobility choices and are dependent on public transit, and available public transit options are expected to be further restricted by proposed Metro service cuts, including the elimination and reduction of routes between Federal Way and Kent, which Resolution No. 14- Page 2 of 5 Rev 1 /10 compounds the burden of travel for low- income residents; and WHEREAS, King County in 2007 adopted the King County Public Health Operational Master Plan, which includes as one of four Guiding Principles, "Driven by Social Justice:... Public health will be a voice for the needs of the weak, the poor, minorities and the disenfranchised. "; and WHEREAS, King County further emphasized the importance of social justice regarding health in 2008 by instigating the King County Equity & Social Justice Initiative, which emphasizes the importance of equal access to basic health care; and then adopted in 2010 the King County Strategic Plan 2010 -2014: Working Together for One King County, which emphasizes equitable opportunities for all people and communities. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. The City Council opposes the proposal to close both the Auburn and Federal Way public health clinics, which would leave the southernmost part of King County without a public health clinic, while three clinics are located in Renton and Kent; and Section 2. The City Council understands the need to address the revenue shortfalls in the King County Public Health budget requests. The City Council firmly believes that any cuts should reflect a commitment to equity across the county's service area and reflect the location of populations of need. As such, the City Council requests that the clinic closure proposal for King County Public Health be revised to provide more equitable coverage of remaining clinics and avoid leaving the southernmost part of King County without a public health clinic. Resolution No. 14- Page 3 of S 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 Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener /clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of 92014. CITY OF FEDERAL WAY MAYOR, JIM FERRELL ATTEST: CITY CLERK Resolution No. 14- Page 4 of 5 Rev 1/10 APPROVED AS TO FORM: INTERIM CITY ATTORNEY, AMY JO PEARSALL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Resolution No. 14- Page S of S Rev 1 /10 SUBJECT: INSTALLATION OF FLAGPOLE ON S 320TH STREET POLICY QUESTION: Should Council authorize the purchase and installation of a memorial flag pole within the median on S 320th Street between SR 99 and 23rd Avenue S, installation of flag pole brackets on street luminaire poles between 11th Place S and 23�d Avenue S and authorize the Mayor to sign any contract associated with that work? COMMITTEE: Land Use and Transportation Committee MEETING DATE: August 4, 2014 CATEGORY: [� Consent ❑ Ordinance ❑ Public Hearing City Council Business ❑ Resolution ❑ Other STAFF REPORT BY MARWAN SALLOUM, PUBLIC WORKS DIRECTOR - -DEPT: Public Works ....._.......... .. _ ..... ............................... .. ............... ................. . ._...._...... ... 4 -y ^ ti Attachments: Land Use and Transportation Committee memorandum dated August 4, 2014, Installation of Memorial Flagpole on S 320th Street. Options Considered: 1. Authorize staff to purchase and contract installation of a 60 foot high memorial flapole and associated equipment and lighting within the median on S 3201h Street between SR 99 and 20t' Avenue S, also installation of flag pole brackets on street luminaire poles between 11th Place S and 23d Avenue S and authorize the Mayor to sign any contract associated with that work. 2. Do not authorize staff to purchase and contract installation of a memorial flagpole and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the August 12, 2014 City Council Consent Agenda for approvaj. n — MAYOR APPROVAL: CHIEF OF STAFF: kommrzcee k.ouncu IRECTOR APPROVAL: COMMITTEE RECOMMENDATION: I move to authorize staff to purchase and contract installation of a 60 or 70 foot high memorial flagpole and associated equipment and lighting, installation of flag pole brackets on street luminaire poles and authorize the Mayor to sign any contract associated with that work, with the location for installation to be approved at a later date and forward to the August 12, 2014 City Council Business Agenda for approval. (see attached & signed Committee Agenda Bill) Bob Celski, Chair Kelly Maloney, Member Lydia Assefa- Dawson, Member PROPOSED COUNCIL MOTION: I move to authorize staff to purchase and contract installation of a 60 or 70,foot high memorial flagpole and associated equipment and lighting, installation of flag pole brackets on street luminaire poles and authorize the Mayor to sign any contract associated with that work, with the location for installation to be approved at a later date. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED IST reading ❑ TABLED /DEFERRED /NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/20 10 RESOLUTION # SUBJECT: INSTALLATION OF FLAGPOLE ON S 320TH STREET POLICY QUESTION: Should Council authorize the purchase and installation of a memorial flag pole within the median on S 320th Street between SR 99 and 23rd Avenue S, installation of flag pole brackets on street luminaire poles between I lth Place S and 23`d Avenue S and authorize the Mayor to sign any contract associated with that work? COMMITTEE: Land Use and Transportation Committee MEETING DATE: August 4, 2014 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: MARWAN SALLOUM, PUBLIC WORKS DIRECTOR DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated August 4, 2014, Installation of Memorial Flagpole on S 3201h Street. Options Considered: 1. Authorize staff to purchase and contract installation of a 60 foot high memorial flagpole and associated equipment and lighting within the median on S 3201h Street between SR 99 and 20t Avenue S, also installation of flag pole brackets on street luminaire poles between 11th Place S and 23`d Avenue S and authorize the Mayor to sign any contract associated with that work. 2. Do not authorize staff to purchase and contract installation of a memorial flagpole and provide direction to staff. _ .... MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the Aug} t 12, 2014 City Council Consent Agenda for approval, ,� n MAYOR APPROVAL: t i � 4" DIRECTOR APPROVAL: C mmit ounc, / CHIEF OF STAFF: Committee Council COMMITTEE RECOMMENDATION: 1 Hieve 0--0 IW014 —9 tiun i 74",;-W -A�Enfil! 2 erppfUVUi- See • . � _ PROPOSED COUNCIL MOTION: 1 move to authorize staff to purchase and coYract install#on of a 60 foot high memorial flagpole and associated equipment and lighting within the median on S 320`1' Street between SR 99 and 20`x' Avenue S, also installation of flag pole brackets on street luminaire poles between 1l `l' Place S and 23`-d Avenue S and authorize the Mayor to sign any contract associated with that work. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED IST reading ❑ TABLED /DEFERRED /NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances on!_v) ORDINANCE # REVISED – 08/12/20 [0 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: August 4, 2014 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM: Marwan Salloum, Public Works Director SUBJECT: Installation of Memorial Flagpole on S 320`" Street BACKGROUND: The Mayor has requested that a Memorial flagpole be installed within the median island on S 320`" Street between SR 99 and 20`h Avenue S along with 1 -inch flag pole brackets on the cobra street lighting poles between 11 d, Place S and 23`d Avenue S. The purpose of the installation is to provide for a memorial to those who have served the City of Federal Way, the State and our Country, giving their lives to protect our freedoms. The Flagpole on S 320`h Street will be flown permanently and have lighting installed to illuminate it during hours of darkness. Flag pole brackets will also be installed on the street lighting poles (40' cobra head style aluminum poles), where flags can be displayed on Memorial Day and other National days of recognition. Approval will allow for the payment for all costs associated with the purchase and installation of the 60- foot flagpole and associated equipment and lighting system, as well as street light brackets, 1" poles and flags to be installed on the street lights, and authorizing the Mayor to sign any contracts associated with this work. ESTIMATED COST FOR S 320`h STRET FLAG POLE 60 Foot Flag Pole and Accessories $8,800 Installation within traffic island including traffic control $5,500 Lighting System, including crossing of S 3201h Street $15,000 Mounting Brackets and Flags for street lights $2,700 (Total - 24 @ $100 plus tax) Re- landscaping of island $3,000 Total Estimated Cost $35,000 cc: Day File COUNCIL MEETING DATE: August 12h'2014 ITEM #: (P (J) CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: NEW DAWN COURT CASE MANAGEMENT SYSTEM POLICY QUESTION: Should the City of Federal Way enter into a Goods and Services Agreement with New Dawn Technologies, Inc.? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Thomas Fichtner, IT Manager DEPT: Information Technology ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ................. . . . . . . . . . . . . . . . . . . . . . . . . .................... . . . . . . . . . . . . . . . . . . . . . . . . ................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . ..... . ..... . . . . . . . . . . . . . . . . . . . ......................................................................................................................................................................................................... ............................... Attachments: 1. Background Information including the objective, brief overview, cost and timeframe. 2. Goods and Services Agreement. Options Considered: 1. Approve the Mayor's recommendation. 2. Modify the Mayor's recommendation. 3. Deny approval of the Mayor's recommendation and provide staff with further direction. MAYOR'S RECOMMENDATION: Mayor recommends approving the Goods and Services agreement with New Dawn Technologies, Inc. and_4,uthorize the Mayor to sign said agreement. MAYOR APPROVAL: _ <P / IRECTOR APPROVAL: Co mi ee Co ncilj/ Initial CHIEF OF STAFF: 7 Committee Council COMMITTEE RECOMMENDATION: N/A Dini Duclos, Bob Celski, Martin Moore, Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the Goods and Services Agreement with New Dawn Technologies, Inc., and authorize the Mayor to sign said agreement. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1sT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # New Dawn JustWare Case Management System — Background Information Objective To streamline workflow for the Court, Prosecution, and Public Defenders by making all data available via a single online system, while continuing to protect privileged data. This streamlined, paperless process will directly improve the video court process between Public Defenders and Defendants at the SCORE Jail and the City Prosecutors and Judges at the FW Municipal Court. In addition, managing caseload tracking and reporting as well as interfacing to the Police Spillman system will allow for a reduction in duplicative manual data entry by automating data importing into the JustWare system. Overview The New Dawn JustWare case management system is an electronic database driven system specifically designed for managing cases for Prosecution, Public Defense, and Courts. Unlike other systems which provide document automation or records management, JustWare is customizable for each aspect of business and is designed to be fluid and adaptable as business rules and laws change. JustWare is also capable of generating legal documents based off of templates which will drastically increase the efficiency of court staff during hearings. Reporting also helps track caseload and statistics to effectively deliver services. For reference, the City of Spokane has gone live with JustWare for their Prosecution, Probation, and Public Defender and Court. In addition, the Snohomish County District Attorney's office has selected JustWare for their system. New Dawn was founded by ex- Spillman employees, which will make integration with our Police Spillman records management system substantially easier. Cost $37,999.00 $136,930.00 $26,240.00 $15,179.77 $220,280.06 $16,261.00 $1,544.80 $17,805.80 Funding Sources -1 -Time Capital expenditure for software and licensing 31 licenses for JustWare, API, JusticeWeb, 4 document authoring licenses, 15 imaging licenses - Professional Services including the initial planning, training, configuration, go- live, and closing phases. API development for Spillman interface also included. 15% Contingency —if needed - Sales Tax - Grand Total 1 -Time cost for software and development - Annual M &O for Year 1 - Sales Tax - Grand Total Annual M &O for Year 1 The funding for this project was approved as part of the 2013 Year -End Budget Adjustment. The funding for this project is largly sourced from the Comcast Unrestricted Technology fund, as well as $53,000 in grand from the Office of Public Defense and the Police Justice Assistance Grant (JAG). Timeframe This project is large in nature and will be impacting several departments, including Municipal Court, Prosecution, Police, and the Public Defender. Due to the magnitude of configuring the business rules and documents /forms and other structures, this project is slated to begin in August of 2014 and Go Live and be signed off in April of 2015. ` CITY OF CITY HALL Federal Way Feder 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www aWffedera/way com GOODS AND SERVICES AGREEMENT FOR NEW DAWN COURT CASE MANAGEMENT SYSTEM This Goods and Services Agreement ( "Agreement ") is made between the City of Federal Way, a Washington municipal corporation and Federal Way Municipal Court ( "City "), and New Dawn Technologies, INC., a Utah Company ( "Contractor "). The City and Contractor (together "Parties ") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: NEW DAWN TECHONOLOGIES, INC. Derek Harris 843 South 100 West Logan, Utah 84321 877 -587 -8927 (telephone) 801 - 760- 3407(facsimile) com The Parties agree as follows: CITY OF FEDERAL WAY: Thomas Fichtner 33325 8th Ave. S. Federal Way, WA 98003 -6325 (253) 835 -2547 (telephone) (253) 253- 835 -2509 (facsimile) .com 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Work, but in any event no later than December 31, 2015 ( "Term "). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Contractor. 2. WORK. 2.1 Work. The Contractor shall provide goods, materials or services and otherwise perform the work more specifically described in Exhibit "A ", attached hereto and incorporated by this reference ( "Work "), performed to the City's satisfaction, pursuant to the direction of the City or its designees. 2.2 Warranties. The Contractor warrants that it has the requisite training, skill, and experience necessary to provide the Work and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration. The Contractor warrants it will provide services in a manner consistent with the generally recognized industry standards for similar services at the time those services are performed. The Contractor shall, at its sole cost and expense, correct all Work performed which the City deems to have defects in workmanship and material discovered within one (1) year after the City's final acceptance of the Work in accordance with Exhibit "D ": LICENSE AND SUPPORT AGREEMENTS. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A RCW. 2.3 Time. Documentation, and Inspection. Work shall begin immediately upon the effective date of this Agreement. Work shall be subject, at all times, to observation and inspection by and with approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Work in accordance with this Agreement, notwithstanding the City's knowledge of defective or non- complying performance, its substantiality or the ease of its discovery. GOODS AND SERVICES AGREEMENT - 1 - 4/2011 ` CITY OF CITY HALL 33325 8th Avenue Federal Way Federal Way, WA 98003 8003 -6325 (253) 835 -7000 www atyoffederalway. corn 2.4 Clean Up. At any time ordered by the City and immediately after completion of the Work, the Contractor shall, at its own expense, clean up and remove all refuse and unused materials of any kind resulting from the Work. In the event the Contractor fails to perform the necessary clean up, the City may, but in no event is it obligated to, perform the necessary clean up and the costs thereof shall be immediately paid by the Contractor to the City and/or the City may deduct its costs from any remaining payments due to the Contractor. 2.5 System Requirements. The City agrees to provide the Contractor the necessary computer, server, and network systems as specifically described in Exhibit "E ", attached hereto and incorporated by this reference ( "System Requirements "), in order for the Contractor to perform the Work. 3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. The City may terminate this Agreement if the Contractor fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 13 and such may result in ineligibility for further City agreements, provided that (i) the City first notifies the Contractor of such failure to perform under the contract, (ii) the City provides the Contractor with fifteen (15) days to cure the deficiency, and (iii) following such fifteen (15) day period, the Contractor has failed to cure the deficiency. 4. COMPENSATION. 4.1 Amount. In return for the Work, the City shall pay the Contractor an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit "B ", attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in Exhibit "B ", the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 4.2 Method of Payment. On a monthly basis, the Contractor shall submit a voucher or invoice in the form specified by the City, including a description of what Work have been performed, the name of the personnel performing such Work, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill upon completion of all Work. Payment shall be made on a monthly basis by the City only after the Work have been performed and within thirty (30) days after receipt and approval by the appropriate City representative of the voucher or invoice. 4.3 Defective or Unauthorized Work. If any goods, materials, or services provided under this Agreement are either defective, unauthorized, or otherwise do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement and the City reserves the right to withhold payment from the Contractor until the goods, materials, or services are acceptable to the City in its reasonable discretion, provided that (i) the City first notifies the Contractor of its determination that the work does not meet the requirements of the Agreement, (ii) the City provides the Contractor with fifteen (15) days to cure the deficiency, and (iii) following such fifteen (15) day period, the City determines that the work still does not meet the requirements of the Agreement. If Contractor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Contractor shall be liable to the City for any Additional Costs incurred by the City. "Additional Costs" shall mean all reasonable and necessary costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these Additional Costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Contractor. 4.4 Non - Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, provided that the City has made a reasonable effort to secure such funds, the City will not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. In the event of such termination, the City shall remit payment to the Contractor for all deliverables delivered and services rendered in a reasonably satisfactory manner. No penalty or expense shall accrue to the City in the event this provision applies. GOODS AND SERVICES AGREEMENT - 2 - 4/2011 CITY OF CITY HALL Feder 8th Avenue South Federal Way, WA 98003 -6325 Federal Way (253) 835 -7000 www atyoffederahvay com 4.5 Final Payment: Waiver of Claims. Contractor's acceptance of final payment shall constitute a waiver of any and all claims, except those previously and properly made and identified by Contractor as unsettled at the time request for final payment is made. 5. INDEMNIFICATION. 5.1 Contractor Indemnification. The Contractor agrees to release indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or in connection with this Agreement or the performance of this Agreement to the extent caused by the negligence or willful misconduct of Contractor and/or its agents, employees, representatives, assigns, or subcontractors, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that each subcontractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties further acknowledge that they have mutually negotiated this waiver. 5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, agents, representatives, and subcontractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Control of Defense. All indemnification obligations under this Agreement are conditioned upon (i) written notice given by the indemnified party to the indemnifying party promptly after the indemnified party becomes aware of any claim for which indemnification is sought, (ii) tender of control over the defense and settlement of such claim to the indemnifying party (provided, that indemnifying party may not enter into a settlement adversely affecting indemnified party's interests without indemnified party's consent), and (iii) the provision of such reasonable cooperation by the indemnified party in the defense as the indemnifying party may request. 5.5 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. LIMITATION OF LIABILITY. In no event will either party be liable for any special, incidental, or consequential, or damages of any kind arising from or relating to this Agreement, even if such party knew or should have known of the possibility of such damages. In addition, Contractor shall not be liable to the City for any damages arising from or relating to this Agreement exceeding the total of payments made by the City to Contractor under this Agreement, up to five hundred thousand dollars ($500,000), even if Contractor knew or should have known of the possibility of such damages. GOODS AND SERVICES AGREEMENT - 3 - 4/2011 .;&� Federal Way Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederahvay com 7. INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Contractor, their agents, representatives, employees or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: 7.1. Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products - completed operations, stop gap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $1,000,000 for each occurrence and $2,000,000 general aggregate; b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; and C. Automobile liability insurance covering all non - owned, hired and leased vehicles with a minimum combined single limits in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. 7.2. No Limit of Liability. 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. The Contractor's insurance coverage shall be primary insurance as respect the City. Any insurance, self - insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 7.3. Additional Insured, Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit "C" and incorporated by this reference. At City's request, Contractor shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Contractor's insurance policies are "claims made," Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terminated or upon project completion and acceptance by the City. 7.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 8. CONFIDENTIALITY. All information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination. All records submitted by the City to the Contractor will be safeguarded by the Contractor. The Contractor will fully cooperate with the City in identifying, assembling, and providing records in case of any public records disclosure request. 9. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media or material which may be produced by Contractor while performing the Work shall belong to the City upon delivery. The Contractor will retain ownership in its pre- existing proprietary materials, which will be licensed to the City pursuant to a software license agreement. The Contractor shall make such data, documents, and files available to the City and shall deliver all needed or contracted for work product upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. Notwithstanding this Section 9, the City grants to Contractor a perpetual, non - exclusive license to use, reproduce, distribute, modify, perform, and display any such work product for purposes of incorporating such work product and intellectual property into products prepared for other customers. 10. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Work and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant GOODS AND SERVICES AGREEMENT - 4 - 4/2011 ` CITY OF CITY HALL 33325 8th .�, Fede ra I Way 253 835- 7000ue South : Federal Way, WA 98003 -6325 www. cttyoffederaMay com to this Agreement. These records shall be subject, at all reasonable times, to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement to the extent such records relate to the Work. 11. INDEPENDENT CONTRACTOR / EMPLOYEE CONDITIONS. 11.1 Independence. The Parties intend that the Contractor shall be an independent contractor and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay or any other benefit of employment, nor to pay any social security, income, or other tax which may arise as an incident of employment, except as specifically provided in Section 4. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. 11.2 Safe . Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors at the work site and in the performance of the contract work and shall utilize all protection necessary for that purpose. Contractor shall comply with all applicable provisions of federal, state and municipal safety and health laws and codes, including without limitation, all OSHA /WISHA requirements, Safety and Health Standards for Construction Work (Chapter 296 -155 WAC), General Safety and Health Standards (Chapter 296 -24 WAC), and General Occupational Health Standards (Chapter 296 -62 WAC). Contractor shall erect and properly maintain, at all times, all necessary guards, barricades, signals and other safeguards at all unsafe places at or near the site for the protection of its employees and the public, safe passageways at all road crossings, crosswalks, street intersections, post danger signs warning against known or unusual hazards and do all other things necessary to prevent accident or loss of any kind. Contractor shall protect from damage all water, sewer, gas, steam or other pipes or conduits, and all hydrants and all other property that is likely to become displaced or damaged by the performance of the Work. The Contractor shall, at its own expense, secure and maintain a safe storage place for its materials and equipment and is solely responsible for the same 11.3 Risk of Work. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. Even though Contractor is an independent contractor, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion 12. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services during the Term for other parties; however, such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. Contractor confirms that Contractor does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Contractor's selection, negotiation, drafting, signing, administration, or evaluating the Contractor's performance. 13. EQUAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor or its subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply to, but not be limited to, the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non - discrimination. GOODS AND SERVICES AGREEMENT - 5 - 4/2011 ` CITY OF CITY HALL Fe d e ra I Way 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www. atyoffederahvay com 14. GENERAL PROVISIONS. 14.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 14.2 Assignment and Beneficiaries. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party ; provided, however, that a transfer of corporate control to, merger with, sale of substantially all or part of the Contractor's assets to a wholly owned subsidiary of Daily Journal Corporation shall not be deemed a transfer or assignment under this Section 14.2. Notwithstanding the foregoing, Contractor may subcontract this Agreement without the prior written consent of the City. If the non - assigning party gives its consent to any assignment or if the Contractor subcontracts this Agreement, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 14.3 Compliance with Laws. The Contractor shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91 -54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 14.4 Enforcement. 14.4.1 Time is of the Essence. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. 14.4.2 Notices. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. 14.4.3 Remedies and Waivers. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. GOODS AND SERVICES AGREEMENT - 6 - 4/2011 CITY OF CITY HALL ,�.., 33325 8th Avenue South Federal Way Federal Way, WA 98003 -6325 (253) 835 -7000 www atyoffederaftay. com 14.4.4 Governing Law. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement via the resolution procedures outlined in Section 14.4.4.5, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and jurisdiction of the United States District Court for the Western District of Washington, to the extent the court has or can acquire jurisdiction, unless the parties agree in writing to an alternative process. Each party consents to the personal jurisdiction of such court in the United States Western District of Washington and waives any objection that such court is an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, however nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 14.4.5 Dispute Resolution 14.4.5.1 Resolution by Meeting. Before pursuing other means of dispute resolution, the Parties shall attempt to resolve amicably any dispute arising out of or relating to this Agreement by meeting with each other within thirty (30) calendar days after written notice of a dispute is delivered from one party to the other party. Subsequent meetings may be held upon mutual agreement of the Parties. 14.4.5.2 Mediation of the Dispute. If the dispute is not resolved within sixty (60) calendar days of commencement of such meetings, the parties shall submit their dispute, in good faith, to mediation by an organization or company specializing in providing neutral, third -party mediators. The mediation shall be conducted in English and shall be held in King County, Washington, or such other location as mutually agreed by the parties within sixty (60) calendar days of the date the dispute is submitted to mediation, unless the parties mutually agree on a later date. 14.4.5.3 Jury Trial Waiver. City hereby waives its rights to trial by jury of any cause of action, claim, counterclaim or cross - complaint in any action, proceeding and/or hearing brought by either City against Contractor or Contractor against City on any matter whatsoever arising out of, or in any way connected with, the license agreement, the products, this agreement or any claim or the enforcement of any claim or the enforcement of any remedy under any law now or hereafter in effect. The provisions of this section 14 shall survive the expiration or earlier termination of this agreement. 14.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] GOODS AND SERVICES AGREEMENT - 7 - 4/2011 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www. cityoffederahvay. com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY Jim Ferrell, Mayor DATE ATTEST: City Clerk NEW DAWN TECHNOLOGIES, INC. Jon Peek, President DATE: STATE OF ) ss. COUNTY OF 1 FEDERAL WAY MUNICIPAL COURT Judge David A. Larson, Presiding Judge DATE: APPROVED AS TO FORM: Interim City Attorney, Amy Jo Pearsall On this day personally appeared before me Jon Peek, to me known to be the President of New Dawn Technologies, Inc. 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 2014. Notary's signature Notary's printed name Notary Public in and for the State of My commission expires GOODS AND SERVICES AGREEMENT - 8 - 4/2011 CITY OF CITY HALL ,..�,,,,�., - Fe d e ra I Way 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www.atyoffederalway corn EXHIBIT "A" SERVICES The Contractor shall do or provide the following: A. Initiating Phase The objective of the Initiating Phase is setup, gather or construct the necessary inputs, systems and tools for the Planning and Executing phases of the project. Contractor ( "New Dawn ") Deliverables: Software License keys Deliver Implementation Quick -start Workbooks Installation of New Dawn developed software B. Planning Phase The objective of this phase is to ensure the appropriate project documents, plans, and resource allocations are in place for the remainder of the project. Your project team will work with the New Dawn team to create a baseline project plan which will identify necessary tasks, assign resources, and set a timeline for implementing the system. New Dawn Deliverables: • Project Plan Template • Onsite Planning Consultation(s) • Onsite consultation(s) to work with the City ( "Customer ") project manager to work through the planning process and work to complete the baseline implementation plan. During this time the New Dawn Team and the Customer team will review the implementation goals and create a schedule for the trainings, configurations, and other work necessary to achieve go live on the JustWare system in the Customer office(s). C. Executing Phase The objective of this phase is to configure JustWare for customer workflows and to have customer staff begin using JustWare in a live capacity. During this phase JustWare Administrators will receive instruction on how to configure and maintain the JustWare System; New Dawn staff will work with customer to build customer configurations using screens, templates, reports, and business rules; and end users will be trained on how to complete their day to day tasks in the JustWare system. New Dawn Deliverables: • JustWare Training will include the following training sessions: ■ Onsite JustWare Administrator Training • Administrator Training includes instruction on how to setup and manage JustWare to meet the needs of your office. Topics that will be covered include Code Table Input and Maintenance, security setup, and data partitioning. GOODS AND SERVICES AGREEMENT - 9 - 4/2011 CITY OF CITY HALL 33325 Federal Way Feder 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cayoffederahvay. com ■ Onsite Docket Management Training and Configuration • Docket Management Training includes instruction during which trainees will learn how to setup and administer court dockets and scheduling blocks using JustWare's Docket Management and Docket Calendar utilities. ■ Onsite JusticeWeb Administrator Training and Configuration • JusticeWeb Administrator Training will include instruction in one or more of the following areas, as jointly determined by the CPM and NDPM: • Setting up and maintaining the E- Filing portal including the ability to have pro se litigants, attorneys, claimants, and other case participants to electronically file and review cases via the web. • Setting up and maintaining E- Discovery, managing the exchange of discovery packages online. • Setting up and maintaining E -View, including setting up a login - secured and/or publicly accessible web portal that contains case, personnel, or calendar information. ■ Onsite Business Intelligence Development Training and Configuration • Business Intelligence Development Training includes instruction in one or more of the following areas, as jointly determined by the CPM and NDPM: • Business Rule Training, providing trainees with the knowledge necessary to create, modify, and maintain business rules within JustWare. • Document Author Training, providing trainees with the knowledge necessary to build JDA templates. • Report Author Training, providing trainees with the knowledge necessary to create, modify, and manage reports. JustWare Configuration Services performed remotely to include: ■ JDA Templates - JDA Templates are built to pull case or name data into a document that may be edited by an end user. JDA Templates are automatically saved to the JustWare electronic filing cabinet. SSRS Reports - SSRS Reports are view or export only reports that are generally used for dashboards, queue management, summary, and other data review and viewing purposes. Reports are not automatically saved into the JustWare electronic filing cabinet. SSRS Reports can be set up to run on a subscription basis through email or shared network folder. JWXML Screens Updates - Screen changes include relabeling of fields, removing unused fields, and positioning of data groups. Business Rules - Business rules in JustWare can be used to enforce data entry, insert or delete data based on specific triggers. Note: Contract pricing was generated using an estimate of 20 JDA Templates, 5 Reports and 3 Custom Screens. Actual quantities will vary from the above based upon implementation requirements and goals. JustWare Configuration Consultation sessions performed onsite (4) • Onsite consultation(s) to assist customer JustWare Administrator(s) with JustWare configuration. The New Dawn PM and The Customer PM will work together to define the prioritized task list for each trip prior to scheduling. • Onsite Assistance during Go -Live (2) • Onsite Assistance during Go -Live includes assisting end users transition to the new system by answering questions and providing support in learning how to perform daily tasks in the JustWare system. GOODS AND SERVICES AGREEMENT _10- 4/2011 ` CITY OF CITY HALL 33325 ..�. Federal Way Feder 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www atyo(federahvay. com D. Closing Phase The objective of this phase is to close out the implementation project and introduce the customer team to the New Dawn support team. New Dawn Deliverables: • Project review and closure meeting Contractor will provide training and configuration until City has accepted the system. The NDPM will meet with the Customer team to conduct an implementation project retrospective. This is a review and audit of the implementation process to discuss lessons learned; what went well and what could have been improved. This exercise can provide useful insights for you and your project team on the best way to manage upgrades, configuration changes, new functionality, document templates, reports, business rules etc. as you grow JustWare through the years of its use. At this point, we will also finalize the project accounting, review any outstanding invoices and sign off on the final project deliverables. GOODS AND SERVICES AGREEMENT - 11 - 4/2011 ,�Sqrr of � Federal Way EXHIBIT "B" COMPENSATION CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253)835-7 000 w. ww cityoSederalway com 1. Total Compensation: In return for the Services, the City shall pay the Contractor an amount not to exceed Two Hundred Seventeen Thousand Four Hundred Thirty and 00 /100 Dollars ($217,430.00) and Washington State sales tax equal to Twenty Thousand Six Hundred Fifty Five and 85/100 Dollars ($20,655.85) for a total of Two Hundred Thirty Eight Thousand Eighty Five and 85/100 Dollars ($238,085.85)). 2. Method of Compensation: City of Federal Way Proposal Creation Date: July 17, 2014 34004 9th Ave S Proposal Expiration Date: September 30, 2014 Federal Way, WA 98003 -6737 Licenses JustWare Case Management JustWare API JusticeWeb Document Imaging with Barcoding Services Implementation Services API Development Services Licenses & Services Contingency (15 %) — if needed Annual License & Maintenance Fees JustWare — 31 Licenses JustWare API — Site License JusticeWeb — Site License Document Imaging — 15 Licenses Payment One -Time Recurring Milestone System Acceptance prior to $33,604 Go -Live Included Included System Acceptance prior to 4,395 Go -Live Total Licenses $37,999 System Acceptance prior to $120,600 Go -Live 16,330 50% NTP /50%Go -Live Total Services $136,930 Total Annual License & Maintenance Fees $26,240 SUB -TOTAL YEAR ONE $191,190 SUB -TOTAL YEAR ONE & CONTINGENCY $217,430 TAX $20,655.85 GRAND TOTAL YEAR ONE $238,085.85 Cost Proposal Notes $ 13,051 1,125 1,200 885 $16 261 System Acceptance prior to Go -Live City agrees to pay Contractor for the total software, licenses, and API development services plus Washington State Sales Tax in the amount of $59,490.26 upon execution of contract. City agrees to pay Contractor remaining balance due for Year One services upon City's acceptance of the system. GOODS AND SERVICES AGREEMENT -12- 4/2011 CITY OF ,��...., Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www. cityo/federalway.. com The annual JustWare license and maintenance fees are due when you approve the system ready for rollout. The pricing provided in this document includes 31 JustWare users, unlimited use of the Public Portal, and JustWare's API. Pricing for each additional JustWare user is an additional annual license and maintenance fee of $1,125. Additional Years of License and Maintenance Cost Estimate YEAR TWO YEAR THREE $17,074.05 $17,927.75 GOODS AND SERVICES AGREEMENT -13- 4/2011 ` CITY OF CITY HALL �.�.., Federal Way Feder 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway com EXHIBIT "C" PROOF OF INSURANCE GOODS AND SERVICES AGREEMENT -14- 4/2011 CITY OF CITY HALL ,. Federal Way 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www. cityoffederalway.. com EXHIBIT "D" LICENSE AND SUPPORT AGREEMENTS This License Agreement is between New Dawn Technologies, Inc. ( "New Dawn ") and City of Federal Way and Federal Way Municipal Court ( "Customer ") with regards to the use of JustWare ( "the Software "). Customer is granted a non - exclusive, non - transferable license to install and use the Software. All amounts due under this Agreement are non - cancelable and non - refundable immediately upon the delivery of the Software. 1. License This Agreement allows you, the Customer to: a. Install and use the Software on any computer or device for each named user license purchased and make one copy of the Software in machine - readable form solely for backup purposes. Customer must reproduce on any such copy all copyright notices and any other proprietary legends on the original copy of the Software. b. Install and use the Software in a testing and staging environment. c. Install the Software on a storage device, such as a network server, and run the Software on an internal network, provided the number of named users running the Software does not exceed the number of named user licenses of the Software purchased. d. Use the Software either directly or indirectly or through commands, data or instructions from or to a computer not part of your internal network, for Internet or Web- hosting services only by a named user licensed to use this copy of the Software through a valid license. A copy of the Software must be purchased for each named user. e. Reproduce documentation, online help, and screen capture images solely for internal use as reference material and training literature. 2. Terms and Condition Customer must agree to the Terms and Condition of this agreement if you wish to use this software. 3. License Restrictions and Rights The Software and Software Documentation are protected by United States Copyright Laws and international Copyright treaties, as well as other intellectual property laws. The Software is licensed and not sold to Customer. New Dawn hereby retains sole and exclusive ownership of all right, title and interest in and to all intellectual property rights in the Software, Software Documentation. Customer acknowledges that all enhancements provided by New Dawn, either provided for a contracted cost or included at no cost, are added into New Dawn's proprietary core JustWare platform, therefore, any enhancements will remain the sole property of New Dawn. Customer may not make or distribute copies of the Software, or electronically transfer the Software from one computer to another or over a network other than to make backup copies of the Software. You may not release proprietary Software information such as Software database schemas or Software technical specifications. You may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human- perceivable form. You may not rent, lease or sublicense the Software. You may not modify the Software or create derivative works based upon the Software. You may not export the GOODS AND SERVICES AGREEMENT - 15 - 4/2011 �.. 33` Federal Way CITY OF CITY HALL 325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www ciryoffederahvey com Software into any country prohibited by the United States Export Administration Act and the regulations there under. 4. Data New Dawn Technologies does not own any data, information or material in the course of Customer using or accessing the Software. Customer, not New Dawn Technologies, shall have sole responsibility and ownership for the accuracy, quality, integrity, legality, reliability, appropriateness, and ownership or right to use of all Customer data and New Dawn Technologies shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer data. 5. Upgrades a. If this copy of the Software is an upgrade from an earlier version of the Software, it is provided to you, the Customer on a named user license exchange basis. You agree by your installation and use of this copy of the Software to voluntarily terminate your earlier named user license and that you will not continue to use the earlier version of the Software nor transfer it to another. b. This Agreement will remain in effect for all future upgrades to the Software unless otherwise stated by a new License Agreement executed between New Dawn and the Customer. c. Customer will receive all future upgrades to the Software as long as a current Support Agreement is maintained. 6. Ownership The foregoing license gives you, the Customer: a. Limited rights to use the Software. Although you own the media on which the Software is recorded, you do not become the owner of, and New Dawn retains title to, the Software, any New Dawn run time libraries, and all copies thereof. All rights not specifically granted in this Agreement, including Federal and International Copyrights, are reserved by New Dawn. b. Responsibility for the data entered and modified while using the Software. New Dawn shall not be held liable for the data contained in the system including without limitation the accuracy, responsibility for archival, loss of, use or misuse of any data entered by the Customer. Limited Warranty and Limited Remedies New Dawn warrants that, upon completion of delivery and installation, the Products sold under this Agreement will conform in all material respects with the Product Documentation and will be conforming and free from defects in material and workmanship until fifteen (15) months after the date of manufacture (which date of manufacture shall be clearly marked in materials provided to Customer); provided, however, that this limited warranty does not apply to Custom Software or the services covered by First Year Support. Notwithstanding anything contained in this Agreement to the contrary, the warranty of New Dawn as provided herein shall be void if any alterations, modifications or work have been performed on such Product, or to the extent that any alleged defect is the result of abuse, misuse, improper maintenance or storage, accident, action or inaction on the part of any party other than New Dawn. Nor shall New Dawn be responsible (a) for the quality or condition of any materials supplied by or through Customer, or (b) for any defect to the extent due to uses that do not conform to the applicable instructions. Subject to the foregoing, GOODS AND SERVICES AGREEMENT -16- 4/2011 CITY OF CITY HALL ,A. mp*�...., Fe d e ra I Way 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoflederalway com if a Product is not as warranted and Customer notifies New Dawn in writing within the fifteen -month warranty period noted above and returns that Product to New Dawn within thirty (30)calendar days of Customer's discovery, New Dawn will, at its option, promptly repair or replace the defective Product. Any such repaired or replaced Product shall be shipped back to Customer at New Dawn's sole expense. This remedy will not be deemed to have failed of its essential purpose so long as New Dawn is willing and able to repair or replace a defective Product in the prescribed manner. THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT AND FITNESS FOR PARTICULAR USE. GOODS AND SERVICES AGREEMENT -17- 4/2011 ` CITY OF ,�, Federal JustWare Support Agreement CITY HALL Way 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www atyoffederahvay. corn This Support Agreement is between New Dawn Technologies, Inc. ( "New Dawn ") and City of Federal Way and Federal Way Municipal Court ( "Customer ") with regards to the software support and upgrades of JustWare Prosecutor ( "the Software "). 1. Definitions a. Support "Support" is defined as technical assistance with the Software, including but not limited to, questions about the functionality of the Software, assistance with the resolution of error message and installation questions. Support may include troubleshooting the Software as needed to resolve issues. b. Version "Version" refers to a variation, either minor or major, from an earlier version of the Software. A version could refer to a minor and/or major version change. c. Major version A Major version refers to the first number in the software release, i.e. 4.x, 5.x. The numbers "4" and "5" represent the Major version. d. Minor version A minor version refers to the second number in the software release, ie x.l, x.2. The numbers "1" and "2" refer to the minor version. Software releases have both a Major and a Minor version number in them. e. Current Version "Current Version" is the most recent publically released version of the Software. f. Enhancement "Enhancement" refers to features and /or functionality that are not included in the Current Version of JustWare. Much of the Software's feature set has been driven by enhancement requests from customers. g Service Release "Service release" is the method New Dawn uses to resolve critical issues that may be identified with the Software. h. Critical "Critical" is defined as an issue for which there is no workaround AND one of the following statements is true: i. Defect causes data loss ii. Defect affects a mission critical task iii. Security risk causing possible system compromise 2. New Dawn Responsibilities During the Term of this Agreement, New Dawn shall render the following services in support of the Software, during Hours of Operation, subject to the compensation fixed for each type of service in New Dawn's current Fee Schedule: a. Provide response to requests to our Support Department made by a JustWare Application Administrator through any of the standard methods of contact within four business (4) hours during the Hours of Operation (Monday through Friday 7AM - 6PM MT, excluding Federal holidays for standard support). b. Use all reasonable diligence in correcting verifiable and reproducible errors when reported to New Dawn. New Dawn shall, after verifying that such an error is present, initiate work in a diligent manner GOODS AND SERVICES AGREEMENT - 18 - 4/2011 CITY OF CITY HALL 33325 8th Avenue South Federal Way Federal Way, WA 98003 003 -6325 (253) 835 -7000 www. ciryofederahvay. com toward development of a solution. If the error is categorized as Critical, New Dawn shall provide the solution through a Service Release to the most recent released minor version and one minor version previous when applicable. New Dawn shall include the solution in all subsequent versions of the Software. New Dawn shall not be responsible for correcting errors in any version of the Software other than the most recent minor version with the exception of those categorized as critical. The service release process for critical bugs will be limited to the current minor version release and one minor version previous. New Dawn shall not be responsible for correcting errors as a result of hardware failure including, but not limited to, failure caused by wiring, networks, modems, phone lines, power, or connectors. New Dawn shall not be responsible for any errors caused by hardware limitations due to insufficient memory, disk storage or processing power, problems caused by hardware failure, any loss of data or problem deemed as a result of an operator, any problems caused by incorrectly installed, configured, or maintained operating system, or versions of the operating system not supported by New Dawn. New Dawn shall not be responsible for problems with, or caused by any hardware or third party software not supported by New Dawn. New Dawn shall not be responsible for problems with, or caused by software, processes, or interfaces not provided by New Dawn that interact with the Software or Software database. c. New Dawn shall not be responsible for configuring, maintaining, and upgrading the operating system including, but not limited to, backups and restores, fixes, and patches. d. Provide recommendations on the configuration and use of the Software and related hardware or software to meet the Customer's operational needs. e. New Dawn shall be responsible for maintaining and administrating a certification process for JustWare Application Administrators. f. Provide regular versions of the Software including select enhancements, and Service Releases for the most recent minor version and one minor version prior at no additional cost to the Customer. These versions may contain new functionality and Service Releases not specifically requested by the Customer. New Dawn will provide supplemental software and hardware requirements, recommendations and documentation per version of the Software. g. New Dawn shall treat all information, data or files provided by Customer as confidential, maintaining secure access to such material only for New Dawn support personnel for purposes of investigating or solving a support request. h. New Dawn will provide maintenance and upgrades to the current publically released version of the Software. Only the most recent released minor version and one minor version prior will be eligible for Service Releases. Technical support will be provided for other eligible versions. Upgrading to the most recent version may be required to be eligible for a Service Release. i. New Dawn reserves the right to request an alternate or replacement application administrator. Any request for an alternate or replacement administrator will be made in writing, and a replacement administrator will be assigned within 90 days of formal request. j. New Dawn will provide upgrades of new version releases and may halt a version upgrade installation if Customer hardware and software systems do not meet the most current system requirements and recommendations. k. Standard methods of contact include: Telephone: 877.5 87.8927 Email: support@newdawn.com GOODS AND SERVICES AGREEMENT -19- 4/2011 CITY Of Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www. c yoffederahvay com API support forum: https:Hcommunity.newdawn.com/ 1. Hours of Operation are Monday through Friday 7:00 a.m. to 6:00 p.m. Mountain Time excluding Federal holidays. m. New Dawn will only provide support to JustWare Application Administrator(s). It is the responsibility of the Customer to instruct system users to route support requests to JustWare Application Administrator(s). If New Dawn is required to provide support to non - JustWare Application Administrator(s), a $225 hourly rate will be applied. 3. Customer Responsibilities a. Retain one or more certified JustWare Application Administrator(s) on staff responsible for the regular maintenance and configuration of the Software. New Dawn must be provided the name and contact information for any JustWare Application Administrator. These individuals must receive JustWare Application Administrator Training and certification testing within 90 days of notice to qualify for support. If turnover occurs for Customer's designated JustWare Application Administrator(s), Customer must arrange with New Dawn for training. Support requests by anyone not identified and qualified as a certified JustWare Application Administrator are subject to higher support fee increases. b. Provide and maintain a dedicated connection, approved by New Dawn, to the Software's database and/or application server. This connection is to be available and accessible by New Dawn support personnel during the Hours of Operation for the purposes of providing software support and upgrades. This connection must provide full screen access to the server with full administrative rights to publish information and make changes to the JustWare database and one or more network file locations. c. Provide New Dawn support personnel with accurate configuration information, screen shots, or other files and documentation as required for a support request. d. Maintain all Customer data including but not limited to the backup of data stored in the JustWare database, custom documents and reports, and configuration files. Maintain all related hardware and software systems required for the operation of the Software including but not limited to hardware, operating systems, security, network and storage based on the most current system requirements and recommendations. f. Keep current with the latest versions of the Software. g. All communications by Customer to New Dawn must be in the English language. 4. Disclaimer of Warranty and Limitation of Liability a. New Dawn disclaims all other warranties, either expressed or implied and representations with respect to the Software, except as stated in the Terms and Conditions. b. In no event shall New Dawn be liable for any indirect, consequential, special, exemplary, or incidental damages of whatever and however caused, even if New Dawn has been advised of the possibility of such damages. The cumulative liability of New Dawn to the Customer for all claims arising in connection with this agreement shall not exceed the total fees and charges paid to New Dawn by the Customer within the last 12 months. 5. Term and Termination of Service a. Many support services will occur immediately upon the signing of this Agreement and version releases and upgrades occur on a regular basis regardless of installation of software; therefore this Agreement GOODS AND SERVICES AGREEMENT -20- 4/2011 ` CITY OF CITY HALL �..., 33325 8th Federal Way 253 835- 7000ue South Federal Way, WA 98003 -6325 vww. cityoffed Mr ay com will commence immediately upon the signing of this Agreement and continue in effect during the initial term for a period of one (1) year. This Agreement will automatically renew for successive, one (1) year terms unless terminated by either New Dawn or Customer in accordance with this section, subject to Customer's payment of the applicable JustWare Support fee. b. This Agreement shall immediately terminate upon the violation of the JustWare License Agreement. c. This Agreement may be terminated by either party upon 30 days' prior written notice if the other party has materially breached the provisions of this Agreement and has not cured such breach within such notice period. 6. Fees a. Customer shall pay New Dawn the JustWare Support fee as defined in the Payment Terms. b. New Dawn shall invoice Customer at the beginning of each JustWare Support term as defined above for the JustWare Support fee unless otherwise stated in the Payment Terms. c. Customer shall pay invoiced amounts immediately upon receipt of such invoices. d. Any amount not paid within 30 days after the invoice date shall bear interest at one and a half percent (1.5 %) per month or the highest rate allowed by applicable law. e. Customers with outstanding JustWare Support invoices that exceed 90 days will be required to pay an hourly rate for support and will be required to purchase any upgrades or enhancements to the Software and this Agreement is suspended until the JustWare Support fee and interest fees are paid. f. Hourly rates for services and cost of software are determined by New Dawn. g. Support fee increases will not exceed 5% per year for Customers with certified JustWare Application Administrator(s). h. Support fee increases will not exceed 10% per year for Customers without certified JustWare Application Administrator(s). i. Annual support fees will increase upon the purchase of additional named user licenses, software and services. This increase and any additional purchases will be identified in additional Terms and Conditions and Payment Terms and signed by New Dawn and Customer. GOODS AND SERVICES AGREEMENT -21- 4/2011 CITY OF CITY HALL , sS,. Federal Way 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www.cayoffederalway corn JusticeWeb License Agreement This License Agreement is between New Dawn Technologies, Inc. ( "New Dawn ") and City of Federal Way and Federal Way Municipal Court ( "Customer ") with regards to the use of JusticeWeb ( "the Software "). Customer is granted a non - exclusive, non - transferable license to install and use the Software. All amounts due under this Agreement are non - cancelable and non - refundable immediately upon the delivery of the Software. 1. License This Agreement allows you, the Customer to: a. Install and use the Software on any Internet browser accessible computer for each concurrent license or site license purchased (identified in the Pricing Proposal and Statement of Work) and make one copy of the Software in machine - readable form solely for backup purposes. Customer must reproduce on any such copy all copyright notices and any other proprietary legends on the original copy of the Software. b. Install and use the Software in a testing and staging environment. c. Install the Software on a storage device, such as a network server, and run the Software on an internal network. d. Use the Software either directly or indirectly or through commands, data or instructions from or to a computer not part of your internal network, for Internet or Web- hosting services only by a user licensed to use this copy of the Software through a valid license. e. Reproduce documentation, online help, and screen capture images solely for internal use as reference material and training literature. 2. Terms and Conditions Customer must agree to the Terms and Condition of this agreement if you wish to use this software. 3. License Restrictions and Rights The Software and Software Documentation are protected by United States Copyright Laws and international Copyright treaties, as well as other intellectual property laws. The Software is licensed and not sold to Customer. New Dawn hereby retains sole and exclusive ownership of all right, title and interest in and to all intellectual property rights in the Software, Software Documentation. Customer acknowledges that all enhancements provided by New Dawn, either provided for a contracted cost or included at no cost, are added into New Dawn's proprietary core Software platform, therefore, any enhancements will remain the sole property of New Dawn. Customer may not make or distribute copies of the Software, or electronically transfer the Software from one computer to another or over a network other than to make backup copies of the Software. You may not release proprietary Software information such as Software database schemas or Software technical specifications. You may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human - perceivable form. You may not rent, lease or sublicense the Software. You may not modify the Software or create derivative works based upon the Software. You may not export the Software into any country prohibited by the United States Export Administration Act and the regulations there under. GOODS AND SERVICES AGREEMENT -22- 4/2011 ` CITY OF CITY HALL 33325 8th Avenue Federal Way 253 835 -700p 98003 Federal Way, WA 98003 -6325 ). www. cityohederaMway. com 4. Data and Credit Card Fees a. New Dawn Technologies does not own any data, information or material in the course of Customer using or accessing the Software. Customer, not New Dawn Technologies, shall have sole responsibility and ownership for the accuracy, quality, integrity, legality, reliability, appropriateness, and ownership or right to use of all Customer data and New Dawn Technologies shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer data. Customer understands that if e- commerce functionality of JusticeWeb is utilized, credit card processing fees will be charged per transaction. These are required fees required by the credit card companies and credit card processing provider. New Dawn service staff will work with Customer staff to ensure that additional credit card processing fees are paid by the consumer via a convenience fee. Merchant services agreement will be provided prior to JusticeWeb project start. 5. Upgrades a. If this copy of the Software is an upgrade from an earlier version of the Software, it is provided to you, the Customer on a license exchange basis. You agree by your installation and use of this copy of the Software to voluntarily terminate your earlier end -user license and that you will not continue to use the earlier version of the Software nor transfer it to another. b. This Agreement will remain in effect for all future upgrades to the Software unless otherwise stated by a new License Agreement executed between New Dawn and the Customer. c. Customer will receive all future upgrades to the Software as long as a current Support Agreement is maintained. 6. Ownership The foregoing license gives you, the Customer: a. Limited rights to use the Software. Although you own the media on which the Software is recorded, you do not become the owner of, and New Dawn retains title to, the Software, any New Dawn run time libraries, and all copies thereof. All rights not specifically granted in this Agreement, including Federal and International Copyrights, are reserved by New Dawn. b. Responsibility for the data entered and modified while using the Software. New Dawn shall not be held liable for the data contained in the system including without limitation the accuracy, responsibility for archival, loss of, use or misuse of any data entered by the Customer. 7. Disclaimer of Warranty and Limitation of Liability a. Warranty for the Software shall be defined in the Terms and Conditions. b. No oral or written information or advice given by New Dawn, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty. c. New Dawn will use reasonable commercial efforts to supply you, the Customer with a replacement copy of the Software that substantially conforms to the documentation, provide a replacement for defective media, or direct you to an Online Download Site. New Dawn shall have no responsibility if the Software has been altered in any way, if the media has been damaged by accident, abuse or misapplication, or if the failure arises out of use of the Software with other than a recommended hardware and software configuration. d. New Dawn shall not be liable for any indirect, special, incidental or consequential damages (including GOODS AND SERVICES AGREEMENT -23- 4/2011 8. `CITY OF Federal CITY HALL Way 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway com damages for loss of business, loss of profits, or the like), whether based on breach of contract, tort (including negligence), product liability or otherwise, even if New Dawn or its representatives have been advised of the possibility of such damages and even if a remedy set forth herein is found to have failed of its essential purpose. e. You, the user of any New Dawn Software, assume all responsibility and liability of damages caused by using said software. f. New Dawn total liability (if any) to you, the Customer for actual damages for any cause whatsoever will be limited to the amount paid by you for the software that caused such damage. Escrow New Dawn provides software escrow services as part of this Agreement. The Release Condition shall be deemed to have occurred in the event of the following: a. New Dawn discontinues business because of insolvency or bankruptcy, and no successor assumes obligations under this Agreement. b. The following applies to Deposit Materials released to Customer in accordance with this Agreement: c. Customer may only use the Deposit Materials to maintain, modify and enhance the Software upon Release Condition. The maintained, modified and enhanced Software may only be used in accordance with this Agreement. d. Customer may not disclose the Deposit Materials to any third party and shall keep the Deposit Materials confidential, except as provided below. e. Customer may engage the services of independent contractors to assist Customer in exercising its rights according to this Agreement. Each such independent contractor must agree in writing that they will not disclose or transfer the Deposit Materials to any other person, and will not use the Deposit Materials for any purpose other than to assist Customer in exercising its rights according to this Agreement. GOODS AND SERVICES AGREEMENT -24- 4/2011 CITY OF CITY HALL 33325 8th ,1..., Federal Way 253 835- 7000ue South Federal Way, WA 98003 -6325 www. cityoffederahaay. com JusticeWeb Support Agreement This Support Agreement is between New Dawn Technologies, Inc. ( "New Dawn ") and City of Federal Way and Federal Way Municipal Court ( "Customer ") with regards to the software support and upgrades of JusticeWeb ( "the Software "). 1. New Dawn Responsibilities During the Term of this Agreement, New Dawn shall render the following services in support of the Software, during Hours of Operation, subject to the compensation fixed for each type of service in New Dawn's current Fee Schedule: a. Provide response to support requests made by a trained Application Administrator through any of the standard methods of contact within four (4) hours during the Hours of Operation. b. Use all reasonable diligence in correcting verifiable and reproducible errors when reported to New Dawn. New Dawn shall, after verifying that such an error is present, initiate work in a diligent manner toward development of a solution. If the error is categorized as Critical, New Dawn shall provide the solution through a Service Release to the most recent released minor version and one minor version previous when applicable. New Dawn shall include the solution in all subsequent versions of the Software. New Dawn shall not be responsible for correcting errors in any version of the Software other than the most recent minor version with the exception of those categorized as critical. The service release process for critical bugs will be limited to the current minor version release and one minor version previous. New Dawn shall not be responsible for correcting errors as a result of hardware failure including, but not limited to, failure caused by wiring, networks, modems, phone lines, power, or connectors. New Dawn shall not be responsible for any errors caused by hardware limitations due to insufficient memory, disk storage or processing power, problems caused by hardware failure, any loss of data or problem deemed as a result of an operator, any problems caused by incorrectly installed, configured, or maintained operating system, or versions of the operating system not supported by New Dawn. New Dawn shall not be responsible for problems with, or caused by any hardware or third party software not supported by New Dawn. New Dawn shall not be responsible for problems with, or caused by software, processes, or interfaces not provided by New Dawn that interact with the Software or Software database. c. Provide regular versions of the Software including select enhancements, and Service Releases for the most recent minor version and one minor version back at no cost to the Customer. These versions may contain new functionality and Service Releases not specifically requested by the Customer. New Dawn will provide supplemental software and hardware requirements, recommendations and documentation per version of the Software. d. Provide a PCI compliant payment gateway and payment processing functionality. Any Customer requirement to select an alternate payment processor provider will result in additional Customer cost and will increase delivery timeline. e. New Dawn shall treat all information, data or files provided by Customer as confidential, maintaining secure access to such material only for New Dawn support personnel for purposes of investigating or solving a support request. f. New Dawn will provide maintenance and upgrades to the current publically released version of the Software. Only the most recent released minor version and one minor version back of the Software will GOODS AND SERVICES AGREEMENT -25- 4/2011 ` CITY OF CITY HALL 33325 , w,S, . e d e ra I Way Feder 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www. Wyoffederafway com be eligible for Service Releases. Technical support will be provided for other eligible versions. Upgrading to the most recent version may be required to be eligible for a Service Release. g. New Dawn will provide upgrades of new version releases and may halt a version upgrade installation if Customer hardware and software systems do not meet the most current system requirements and recommendations. h. Standard methods of contact include: Telephone: 877.587.8927 ext. 2 Email: support@newdawn.com Web and support forums: http: / /community.newdawn.com/ Written: ATTN: Support 843 South 100 West, Logan, UT84321 Fax: 603.308.8138 i. Hours of Operation are from 7:00 a.m. to 6:00 p.m. Mountain Standard Time except weekends and United States holidays. j. New Dawn will only provide support to Application Administrator(s). It is the responsibility of the Customer to instruct system users to route support requests to JustWare Application Administrator(s). If New Dawn is required to provide support to non- Application Administrator(s), a $225 hourly rate will be applied. 2. Customer Responsibilities a. Retain one or more trained Application Administrator(s) on staff responsible for the regular maintenance and configuration of the Software, this staff member(s) may be the same individual(s) as the JustWare Application Administrator(s). New Dawn must be provided the name and contact information for any Application Administrator. These individuals must receive Application Training within 90 days of notice to qualify for support. If turnover occurs for Customer's designated JusticeWeb Application Administrator(s), Customer must arrange with New Dawn for re- training. Support requests by anyone not identified and qualified as a Application Administrator are not covered by this agreement and are therefore subject to hourly fees. b. Provide and maintain a dedicated connection, approved by New Dawn, to the Software's web server. This connection is to be available and accessible by New Dawn support personnel during the Hours of Operation for the purposes of providing software support and upgrades. This connection must provide full screen access to the server with full rights to publish information and make changes to the JustWare database, JusticeWeb virtual directory, and one or more network file locations. c. Provide New Dawn support personnel with accurate configuration information, screen shots, report files, or other files and documentation as required for a support request. d. Maintain all Customer data including but not limited to the backup of data stored in the JustWare database, JusticeWeb web server, and configuration files. e. Maintain all related hardware and software systems required for the operation of the Software including but not limited to hardware, operating systems, security, network and storage based on the most current system requirements and recommendations. f. Keep current with the latest versions of the Software to receive accurate support. New Dawn will provide support only on the version of the JusticeWeb Software recommended for use with the Customer's version of JustWare. Upgrades to JustWare may affect the supported version of JusticeWeb and must be conducted simultaneously. GOODS AND SERVICES AGREEMENT -26- 4/2011 CITY OF CITY HALL 33325 ,.�...., Fe d e ra I Way Feder al Way, WA 98003 -6325 8th Avenue South ;Feder (253) 835 -7000 www. cityoffederalway com g. Providing support to JusticeWeb end users h. All communications by Customer to New Dawn must be in the English language. 3. Disclaimer of Warranty and Limitation of Liability a. New Dawn disclaims all other warranties, either expressed or implied and representations with respect to the Software, except as stated in the Terms and Conditions. b. In no event shall New Dawn be liable for any indirect, consequential, special, exemplary, or incidental damages of whatever and however caused, even if New Dawn has been advised of the possibility of such damages. The cumulative liability of New Dawn to the Customer for all claims arising in connection with this agreement shall not exceed the total fees and charges paid to New Dawn by the Customer within the last 12 months. 4. Term and Termination of Service a. Many support services will occur immediately upon the start of the project as well as version releases and upgrades occur on a regular basis regardless of installation of software; therefore this Agreement will commence immediately upon the signing of this Agreement and continue in effect during the initial term for a period of one (1) year. This Agreement will automatically renew for successive, one (1) year terms unless terminated by either New Dawn or Customer in accordance with this section, subject to Customer's payment of the applicable JusticeWeb Support fees. b. This Agreement shall immediately terminate upon the violation of the JusticeWeb License Agreement. c. This Agreement may be terminated by either party upon 30 days' prior written notice if the other party has materially breached the provisions of this Agreement and has not cured such breach within such notice period. 5. Fees a. Customer shall pay New Dawn the JusticeWeb Support fee as defined in the Payment Terms. b. New Dawn shall invoice Customer at the beginning of each JusticeWeb Support term as defined above for the JusticeWeb Support fee unless otherwise stated in the Payment Terms. c. Customer shall pay invoiced amounts immediately upon receipt of such invoices. d. Any amount not paid within 30 days after the invoice date shall bear interest at one and a half percent (1.5 %) per month or the highest rate allowed by applicable law. e. Customers with outstanding JusticeWeb Support invoices that exceed 90 days will be required to pay an hourly rate for support and will be required to purchase any upgrades or enhancements to the Software and this Agreement is suspended until the JusticeWeb Support fee and interest fees are paid. f. Customer understands that if e- commerce functionality of JusticeWeb is utilized, credit card processing fees will be charged per transaction. These are required fees required by the credit card companies and credit card processing provider. New Dawn service staff will work with Customer staff to ensure that additional credit card processing fees are paid by the consumer via a convenience fee. Merchant services agreement will be provided prior to JusticeWeb project start. g. Hourly rates for Business Intelligence hours, other services and cost of software are determined by New Dawn. h. Support fee increases will not exceed 5% per year for Customers with certified JusticeWeb Application Administrator(s). GOODS AND SERVICES AGREEMENT -27- 4/2011 CITY OF CITY HALL '0* F Federa I Way eder 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www. cityoffederalway com i. Support fee increases will not exceed 10% per year for Customers without certified JusticeWeb Application Administrator(s). Annual support fees will increase upon the purchase of additional licenses, software and services. This will be identified in additional Terms and Conditions and Payment Terms agreed and signed by New Dawn and Customer. GOODS AND SERVICES AGREEMENT -28- 4/2011 CITY OF CITY HALL 33325 Federal Way Feder 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www dtyoffederaMW cm JustWare API License Agreement This License Agreement is between New Dawn Technologies, Inc. ( "New Dawn ") and City of Federal Way and Federal Way Municipal Court ( "Customer ") with regards to the use of JustWare API ( "the Software "). Customer is granted a non - exclusive, non - transferable license to install and use the Software. All amounts due under this Agreement are non - cancelable and non - refundable immediately upon the delivery of the Software. 1. License This Agreement allows you, the Customer to: a. Install and use the Software on any computer or device for each license purchased and make one copy of the Software in machine - readable form solely for backup purposes. Customer must reproduce on any such copy all copyright notices and any other proprietary legends on the original copy of the Software. b. Install and use the Software in a testing and staging environment. c. Install the Software on a storage device, such as a network server, and run the Software on an internal network. d. Use the Software either directly or indirectly or through commands, data or instructions from or to a computer not part of your internal network, for Internet or Web- hosting services only by a Customer licensed to use this copy of the Software through a valid license. e. Reproduce documentation, online help, and screen capture images solely for internal use as reference material and training literature. 2. Terms and Conditions Customer must agree to the Terms and Condition of this agreement if you wish to use this software. 3. License Restrictions and Rights The Software and Software Documentation are protected by United States Copyright Laws and international Copyright treaties, as well as other intellectual property laws. The Software is licensed and not sold to Customer. New Dawn hereby retains sole and exclusive ownership of all right, title and interest in and to all intellectual property rights in the Software, Software Documentation. Customer acknowledges that all enhancements provided by New Dawn, either provided for a contracted cost or included at no cost, are added into New Dawn's proprietary core JustWare API platform, therefore, any enhancements will remain the sole property of New Dawn. Customer may not make or distribute copies of the Software, or electronically transfer the Software from one computer to another or over a network other than to make backup copies of the Software. You may not release proprietary Software information such as Software database schemas or Software technical specifications. You may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human- perceivable form. You may not rent, lease or sublicense the Software. You may not modify the Software or create derivative works based upon the Software. You may not export the Software into any country prohibited by the United States Export Administration Act and the regulations there under. 4. Data New Dawn Technologies does not own any data, information or material in the course of Customer using or accessing the Software or the data received from third party systems. Customer, not New Dawn GOODS AND SERVICES AGREEMENT -29- 4/2011 Qrr of Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www. atyoffederaMoy coin Technologies, shall have sole responsibility and ownership for the accuracy, quality, integrity, legality, reliability, appropriateness, and ownership or right to use of all Customer data or external data submitted to the Software and New Dawn Technologies shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store or submit any Customer data. 5. Upgrades a. If this copy of the Software is an upgrade from an earlier version of the Software, it is provided to you, the Customer on a server user license exchange basis. You agree by your installation and use of this copy of the Software to voluntarily terminate your earlier license and that you will not continue to use the earlier version of the Software nor transfer it to another. b. This Agreement will remain in effect for all future upgrades to the Software unless otherwise stated by a new License Agreement executed between New Dawn and the Customer. c. Customer will receive all future upgrades to the Software as long as a current Support Agreement is maintained. 6. Ownership a. The foregoing license gives you, the Customer: b. Limited rights to use the Software. Although you own the media on which the Software is recorded, you do not become the owner of, and New Dawn retains title to, the Software, any New Dawn run time libraries, and all copies thereof. All rights not specifically granted in this Agreement, including Federal and International Copyrights, are reserved by New Dawn. c. Responsibility for the data entered and modified while using the Software. New Dawn shall not be held liable for the data contained in the system including without limitation the accuracy, responsibility for archival, loss of, use or misuse of any data entered by the Customer. 7. Disclaimer of Warranty and Limitation of Liability a. Warranty for the Software shall be defined in the Terms and Conditions. b. No oral or written information or advice given by New Dawn, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty. c. New Dawn will use reasonable commercial efforts to supply you, the Customer with a replacement copy of the Software that substantially conforms to the documentation, provide a replacement for defective media, or direct you to an Online Download Site, at its option. New Dawn shall have no responsibility if the Software has been altered in any way, if the media has been damaged by accident, abuse or misapplication, or if the failure arises out of use of the Software with other than a recommended hardware and software configuration. d. New Dawn shall not be liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, or the like), whether based on breach of contract, tort (including negligence), product liability or otherwise, even if New Dawn or its representatives have been advised of the possibility of such damages and even if a remedy set forth herein is found to have failed of its essential purpose. e. You, the user of any New Dawn Software, assume all responsibility and liability of damages caused by using said software. f. New Dawn total liability (if any) to you, the Customer for actual damages for any cause whatsoever will GOODS AND SERVICES AGREEMENT -30- 4/2011 CITY OF CITY HALL 33325 Federal Way Feder 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cayoffederalway. com be limited to the amount paid by you for the software that caused such damage. 8. Escrow New Dawn provides software escrow services as part of this Agreement. The Release Condition shall be deemed to have occurred in the event of the following: a. New Dawn discontinues business because of insolvency or bankruptcy, and no successor assumes obligations under this Agreement. b. The following applies to Deposit Materials released to Customer in accordance with this Agreement: c. Customer may only use the Deposit Materials to maintain, modify and enhance the Software upon Release Condition. The maintained, modified and enhanced Software may only be used in accordance with this Agreement. d. Customer may not disclose the Deposit Materials to any third party and shall keep the Deposit Materials confidential, except as provided below. Customer may engage the services of independent contractors to assist Customer in exercising its rights according to this Agreement. Each such independent contractor must agree in writing that they will not disclose or transfer the Deposit Materials to any other person, and will not use the Deposit Materials for any purpose other than to assist Customer in exercising its rights according to this Agreement. GOODS AND SERVICES AGREEMENT - 31 - 4/2011 CITY OF CITY HALL 33325 Federal Way Feder 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www atyoffederahvay. com JustWare API Support Agreement This Support Agreement is between New Dawn Technologies, Inc. ( "New Dawn ") and City of Federal Way and Federal Way Municipal Court ( "Customer ") with regards to the software support and upgrades of JustWare API ( "the Software "). 1. Definitions a. Support "Support" is defined as technical assistance with the Software, including but not limited to, questions about the functionality of the Software, assistance with the resolution of error message and installation questions. At New Dawn's discretion support may include troubleshooting the Software as needed to resolve issues. Support services for JustWare API (application programming interface) is provided via web forum submission and responses by New Dawn resources and not phone support. b. Version "Version" refers to a variation, either minor or major, from an earlier version of the Software. A version could refer to a minor and /or major version change. c. Major version A Major version refers to the first number in the software release, ie 4.x, 5.x. The numbers "4" and "5" represent the Major version. d. Minor version A minor version refers to the second number in the software release, ie x.1, x.2. The numbers "1" and "2" refer to the minor version. Software releases have both a Major and a Minor version number in them. e. Current Version "Current Version" is the most recent publically released version of the Software. f. Enhancement "Enhancement" refers to features and/or functionality that are not included in the Current Version of the JustWare API. Much of the Software's feature set has been driven by enhancement requests from customers. g. Service Release "Service release" is the method New Dawn uses to resolve critical issues that may be identified with the Software. h. Critical "Critical" is defined as an issue for which there is no workaround AND one of the following statements is true: i. Defect causes data loss GOODS AND SERVICES AGREEMENT -32- 4/2011 ` CITY OF CITY HALL ,'�.. 33325 8th Avenue South Federal Way, WA 98003 -6325 Fe d e ra I Way (253) 835 -7000 www dtyoffederaMoy com ii. Defect affects a mission critical task iii. Security risk causing possible system compromise 2. New Dawn Responsibilities During the Term of this Agreement, New Dawn shall render the following services in support of the Software, during Hours of Operation, subject to the compensation fixed for each type of service in New Dawn's current Fee Schedule: a. Provide forum response to requests and questions to our Support Department made by a JustWare Application Administrator or JustWare Application Administrator designated resource within four (4) hours during the Hours of Operation (lam — 6pm MST for standard support). b. Use all reasonable diligence in correcting verifiable and reproducible errors when reported to New Dawn. New Dawn shall, after verifying that such an error is present, initiate work in a diligent manner toward development of a solution. If the error is categorized as Critical, New Dawn shall provide the solution through a Service Release to the most recent released minor version and one minor version previous when applicable. New Dawn shall include the solution in all subsequent versions of the Software. New Dawn shall not be responsible for correcting errors in any version of the Software other than the most recent minor version with the exception of those categorized as critical. The service release process for critical bugs will be limited to the current minor version release and one minor version previous. New Dawn shall not be responsible for correcting errors as a result of hardware failure including, but not limited to, failure caused by wiring, networks, modems, phone lines, power, or connectors. New Dawn shall not be responsible for any errors caused by hardware limitations due to insufficient memory, disk storage or processing power, problems caused by hardware failure, any loss of data or problem deemed as a result of an operator, any problems caused by incorrectly installed, configured, or maintained operating system, or versions of the operating system not supported by New Dawn. New Dawn shall not be responsible for problems with, or caused by any hardware or third party software not supported by New Dawn. New Dawn shall not be responsible for problems with, or caused by software, processes, or interfaces not provided by New Dawn that interact with the Software or Software database. c. New Dawn shall not be responsible for configuring, maintaining, and upgrading the operating system including, but not limited to, backups and restores, fixes, and patches. d. Provide recommendations on the configuration and use of the Software and related hardware or software to meet the Customer's operational needs. e. Provide regular versions of the Software including select enhancements, and Service Releases for the most recent minor version and one minor version prior at no additional cost to the Customer. These versions may contain new functionality and Service Releases not specifically requested by the Customer. New Dawn will provide supplemental software and hardware requirements, recommendations and documentation per version of the Software. f. New Dawn shall treat all information, data or files provided by Customer as confidential, maintaining secure access to such material only for New Dawn support personnel for purposes of investigating or solving a support request. g. Provide regular versions of the Software including select enhancements, and Service Releases for the GOODS AND SERVICES AGREEMENT -33- 4/2011 ` CITY OF CITY HALL �.. 33325 8th Avenue Federal Way Federal Way, WA 98003 8003 -6325 (253) 835 -7000 www cayoffederalway corn most recent minor version and one minor version prior at no additional cost to the Customer. These versions may contain new functionality and Service Releases not specifically requested by the Customer. New Dawn will provide supplemental software and hardware requirements, recommendations and documentation per version of the Software. h. New Dawn will provide upgrades of new version releases and may halt a version upgrade installation if Customer hardware and software systems do not meet the most current system requirements and recommendations. i. Standard methods of contact include: Web and support forums: http: / /communiiy.newdawn.com/ j. Hours of Operation are from 7:00 a.m. to 6:00 p.m. Mountain Standard Time except weekends and United States holidays. 3. Customer Responsibilities a. Retain one or more internal or external resources that have experience with object oriented programming in order to effectively utilize the JustWare API. b. Maintain all related hardware and software systems required for the operation of the Software including but not limited to hardware, operating systems, security, network and storage based on the most current system requirements and recommendations. c. Keep current with the latest versions of the Software. d. Many updates to the JustWare API are dependent on updates to the JustWare application; therefore, Customer agrees to maintain current updates of JustWare in order to receive updates to the JustWare API. e. Customer agrees to provide testing and development environment for any JustWare API developers or subcontractor developers. f. Customer agrees to maintain version consistency between JustWare and the JustWare API. g. Acknowledges that all support and responses will occur via online web forums. If Customer or Customer resource requires phone support, assistance and questions, hourly rates will be billed in hourly increments of $225 per hour. h. All communications by Customer to New Dawn must be in the English language. 4. Disclaimer of Warranty and Limitation of Liability a. New Dawn disclaims all other warranties, either expressed or implied and representations with respect to the Software, except as stated in the Terms and Conditions. b. In no event shall New Dawn be liable for any indirect, consequential, special, exemplary, or incidental damages of whatever and however caused, even if New Dawn has been advised of the possibility of such damages. The cumulative liability of New Dawn to the Customer for all claims arising in connection with this agreement shall not exceed the total fees and charges paid to New Dawn by the Customer within the last 12 months. 5. Term and Termination of Service a. Many support services will occur immediately upon the signing of this Agreement and version releases and upgrades occur on a regular basis regardless of installation of software; therefore this Agreement will commence immediately upon the signing of this Agreement and continue in effect during the initial GOODS AND SERVICES AGREEMENT -34- 4/2011 CITY OF CITY HALL 33325 ,. . Federal Way Feder 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www. cityoffederahvay. com term for a period of one (1) year. This Agreement will automatically renew for successive, one (1) year terms unless terminated by either New Dawn or Customer in accordance with this section, subject to Customer's payment of the applicable JustWare API Support fee. b. This Agreement shall immediately terminate upon the violation of the JustWare API License Agreement. c. This Agreement may be terminated by either party upon 30 days' prior written notice if the other party has materially breached the provisions of this Agreement and has not cured such breach within such notice period. d. If support is not maintained for the JustWare API access to the support forums and new versions of the JustWare API will not be available. 6. Fees a. Customer shall pay New Dawn the JustWare API Support fee as defined in the Payment Terms. b. New Dawn shall invoice Customer at the beginning of each JustWare API Support term as defined above for the JustWare API Support fee unless otherwise stated in the Payment Terms. GOODS AND SERVICES AGREEMENT -35- 4/2011 .:&qrr of � Federal Way EXHIBIT "E" SYSTEM REQUIREMENTS JustWare System Requirements General requirements info: Important: A Microsoft Active Directory domain is required. CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www.cityoffederahvay coin • JustWare roles must be divided into at least two separate physical or virtual servers: Application (Webserver and Reporting Services) and Database server. • All hardware requirements assume that ONLY JustWare is running on the server. Performance will be affected if hardware is shared with other applications. • Several factors affect the performance of JustWare. Among them are: JustWare view configuration, report utilization and workflows, database size, network bandwidth and architecture, server speed (including processor, hard drive and system speeds), memory, and number and function of concurrent users. The hardware requirements listed are the minimum. For performance scaling, high availability, or disaster recovery we recommend working with your local IT group or IT contractor to ensure best results. • Kerberos Delegation is required. It can be set up before or after Microsoft SQL Server is installed. Backend Architecture flexibility JustWare is designed around Microsoft Server and Application roles that use multi or N -tier architecture to provide scalable performance. JustWare is compatible with Microsoft strategies for performance scaling, high availability, and fault tolerance in each server role. Examples: (Windows Server Clustering, SQL Clustering and Mirroring, IIS web farms, etc.) JustWare Server Roles (All server roles can be virtualized) • Web • Database • Reporting • Documents Minimum JustWare Minimum Client Requirements • Processor Intel Celeron or AMD 2.0 GHz • Memory 2 GB • Hard disk space 100 MB • Microsoft NET Framework 3.5 Service Pack 1 • Microsoft NET Framework 4 Recommendation A monitor size of 19 inches or greater is strongly recommended for optimum usability of JustWare, dependent upon configuration and layout. Minimum supported resolution is 1024 x 768 and 120 DPI. JustWare Webserver Minimum Requirements GOODS AND SERVICES AGREEMENT -36- 4/2011 ` CITY OF .�... Federal CITY HALL Way 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway com Component Minimum Requirement Processor 2 GHz , 64 -bit, 2 core RAM 4 GB Hard Disk 80 GB Network TCP /IP, port 443 Software / Framework Windows Server 2008 (64 bit), IIS 7.0, Full NET 3.5 Service pack 1, Full NET 4. 0, WSE 3.0, MSDTC JustWare Database Server Minimum Requirements Note: SQL Database Server and Full Text Search must be installed. A case - insensitive string collation setting must also be used. By default, nested triggers will be enabled on SQL Server 2008. However, JustWare will only run properly when nested triggers are disabled. JustWare cannot reside on a SQL instance with other SQL databases that require nested triggers to be enabled. The following SQL Server settings must be applied: • Enable local and remote connections. • Set server authentication to SQL Server and Windows Authentication mode. • The Microsoft Distributed Transaction Coordinator service ( MSDTC) must be running at all times. Component Minimum Requirement Processor 2 GHz , 64 -bit, 2 core RAM 8 GB Hard Disk 80 GB Network TCP /IP Software / Framework Windows Server 2008 (64 bit), Microsoft SQL Server 2008 64 -bit, Full NET 3.5 Service pack 1 JustWare Reporting Services Minimum Requirements Component Minimum Requirement Processor 2 GHz , 64 -bit, 2 core RAM 4 GB Hard Disk 80 GB Network TCP /IP, port 443 Software / Framework Windows Server 2008 (64 bit), Microsoft SQL Server Reporting Services 2008, Full NET 3.5 Service pack 1 JustWare Document Server Requirements Required Software To use indexing in JustWare to search the filing cabinet, Microsoft's Search Server Express must be installed. Currently Microsoft offers Search Server 2010 Express as a free download, which requires Windows Server GOODS AND SERVICES AGREEMENT -37- 4/2011 CITY OF CITY HALL �,. ., F Federal Way Federal 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www. cityoffederalway corn 2008 (64 -bit edition). Search Server 2010 Express requires 64 -bit Windows Server 2008 SP2, or Windows Server 2008 R2. This JustWare Service Role should be installed on its own operating system. Hardware Requirements Must meet the requirements for Microsoft Search Server 2010 Express Other: Barcode Scanner JustWare provides native barcoding functionality that is part of the base application without the incurrence of additional New Dawn costs for barcoding software. Organizations wishing to implement the barcode scanning functionality in JustWare are required to purchase barcoding hardware and are responsible for its installation and setup. Required Hardware • USB or serial port compatible • Has one of the following scanner interfaces: HID, Keyboard wedge, RS232 • ASCII Extended Code 3 of 9 enabled (Also referred to as extended Code 39 programmable) • Able to read a start character of $A as an Insert key and an end character of $Z as a F 12 key Signature Pad JustWare uses Microsoft Word 2007 functionality to allow electronic signing of documents. Organizations wishing to electronically sign documents in JustWare are required to purchase signature pad hardware and are responsible for its installation and setup. Required Hardware Any Microsoft Word compatible signature pad device Document Scanner JustWare's document scanning functionality uses TWAIN technology to regulate communication with name and case records in JustWare. Documents can be scanned and then directed to the filing cabinet in JustWare. Organizations wishing to implement document scanning functionality in JustWare are required to purchase scanner hardware and are responsible for its installation and setup. The Document Scanning utility in JustWare is an additional, paid service. Required Hardware Any TWAIN- compliant document scanning device GOODS AND SERVICES AGREEMENT -38- 4/2011 CITY OF A** ,, Federal CITY HALL Way 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www ci"ffederalway com JusticeWeb (E- Discovery, E- Filing, E- Payment) System Requirements The following section outlines the various system requirements to run JusticeWeb as recommended by New Dawn Technologies. Not meeting these requirements may result in JusticeWeb under- performing or not functioning at all. Note: It is expected that the requirements for the database have already been met. JusticeWeb Webserver Minimum Requirements The following section outlines the various system requirements to run JusticeWeb as recommended by New Dawn Technologies. Not meeting these requirements may result in JusticeWeb under- performing or not functioning at all. Note: It is expected that the requirements for the database have already been met. Minimum requirements are provided and should be increased as the number of web transactions increase. Customer is responsible for all third party software licensing unless specified in this agreement. Component Minimum Requirement Processor 1.4 GHz , 1 core RAM 1 GB Hard Disk 32 GB Display 800 x 600 (Super VGA Software / Framework Windows Server 2008 or 2008 R2, NET 4.0, IIS 7, JustWare 5.4 with a JusticeWeb license key Web Site Requirements for JusticeWeb Users These are requirements for the users that will be using the JusticeWeb Web site in order for the Web site to function properly. Component Minimum Requirement JavaScri t Enabled Browser Internet Explorer 7 or 8, Firefox, Chrome, Safari Browser Size 640 x 640 JusticeWeb (E -View) System Requirements JusticeWeb (E -View) Server minimum requirements • If JusticeWeb E -View will be used strictly as an authorized internal query tool for data this machine must participate on an Active Directory Network. If JusticeWeb E -View will be used in customer DMZ for public access, Active Directory Network integration is not required. • Requires a SQL Server License. The Report Server processes and renders reports, and handles scheduled events and report delivery. The Report Server Database stores report definitions, report metadata, subscription information, and so on. Each Report Server requires either a local or remote connection to a Report Server Database. To use any of these components, each computer on which the Report Server and the Report Server GOODS AND SERVICES AGREEMENT -39- 4/2011 CITY OF ,,� Federal CITY HALL Way 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway. com Database are installed must have a valid SQL Server 2005 license. This means JusticeWeb E -View can be installed on the same server as the JustWare database server, using the SQL License on that machine, or it may be installed on a separate server with an additional SQL Server license. Two licensing options are available for SQL Server 2005 Reporting Services: Per - processor licensing. Required for extranet or Internet deployments. Requires a single license for each CPU in the operating system instance running Reporting Services. This license does not require any device or user client access licenses (CALs). Server plus CALs licensing. Requires a license for the computer running Reporting Services, as well as a CAL for each user or client device that accesses reports either directly or indirectly (including the Report Designer and Report Builder). • It is possible to have an additional replicated JustWare database used for JusticeWeb E -View access since queries and high traffic may degrade performance of the live database. This option will be configured and installed during JusticeWeb E -View Installation upon request. Component Minimum Requirement Processor Intel Pentium 4 1.0 GHz RAM 512 MB Software / Framework Windows Server 2000 server pack 4 or later, SQL Server 2005, SQL Reporting Services 2005, JustWare Database 4.6.7 or later, IIS 5.0 or later, NET Framework JusticeWeb (E -View) Client Minimum Requirements Client machines require a connection to the server either through the Intranet or the Internet and Internet Explorer for viewing JusticeWeb E -View reports. Recent versions of Netscape and Firefox web browsers are supported. Component Minimum Requirement Software / Framework IE 6.0 or later, Visual Basic® .NET, Visual C #® .NET, Visual C + +® NET Standard, Business Intelligence Developer Studio, or Visual J #® or Business Intelligence Developer Studio GOODS AND SERVICES AGREEMENT -40- 4/2011 COUNCIL MEETING DATE: August 12 2014 ITEM #: (P( e J CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PROPOSED 2013 -2015 COLLECTIVE BARGAINING AGREEMENT WITH THE FEDERAL WAY POLICE SUPPORT SERVICES ASSOCIATION (PSSA) POLICY QUESTION: Should the City Council authorize the Mayor to execute the Proposed Collective Bargaining Agreement with the PSSA which has been ratified? COMMITTEE: N/A MEETING DATE: CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Amy Jo Pearsall Interim City Attorney DEPT: Law ._............_.._... _ - - - - -- ...__.._... __._..._.._........--- ..__._... - - ... - -' -- -........_...._ ............. .._..- ... .... ........... _......- - -- ..__ ._......_.._._.._..__.._._....- - .._... - - -- ..._........-.._.__.- .......- ..- _..__...__.._.._._.. -- Attachments: Proposed 2013 - 2015 Collective Bargaining Agreement with the Federal Way PSSA. The City and the PSSA began negotiations in late 2012 for a successor Agreement, because the existing Agreement expired December 31, 2012. The attached proposed Agreement is a culmination of negotiations and a mediation session. The PSSA members have ratified the Agreement. The City's bargaining team recommends that Council approve the proposed 2013 -2015 Agreement and authorize the Mayor to execute the document. Options Considered: 1. Approve the proposed Agreement and authorize the Mayor to execute the necessary documents. 2. Reject the proposed Agreement and direct the City to continue negotiations through mediation with PSSA. MAYOR'S MAYOR APPROVAL: CHIEF OF STAFF: N: Option 1 Committ C ncil Initial/Date Initial/Date Committee Council Initial/Date Initial/Date COMMITTEE RECOMMENDATION: N/A APPROVAL: , w $ S I Initial ate Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of Option (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 08/12/2010 RESOLUTION # CITY OF FEDERAL WAY AND POLICE SUPPORT SERVICES ASSOCIATION PREAMBLE The collective bargaining agreement (the Agreement) herein contains the entire agreement between Federal Way Police Support Services Association (hereinafter called the Association) and the City of Federal Way, Washington (hereinafter known as the City). The purpose of the City and Association in entering into this agreement is to set forth their complete agreement with regard to wages, hours and working conditions for the employees in the bargaining unit. ARTICLE 1 - RECOGNITION AND BARGAINING UNIT Section 1.1 Recognition of the Unit The City recognizes the Association as the sole and exclusive bargaining representative for the bargaining unit described as all full time and regular part-time special commission and non - commissioned employees as listed in Appendix A of the City of Federal Way Police Department, excluding supervisors, confidential employees and all other employees. The Association agrees that Records Supervisors shall be excluded from the bargaining unit. Section 1.2 Bulletin Board The City shall permit the use of a bulletin board by the Association for the posting of notices relating to official Association business, so long as the notices posted are not inflammatory or otherwise detrimental to the operation of the Department. Section 1.3 Association Officials Release Time A. Time off with pay shall be limited to regular negotiations sessions between the City and the Association negotiating team members during their scheduled duty hours, up to a limit of three members off with pay at a time. B. The Department shall afford Association representatives a reasonable amount of time while on -duty to consult with appropriate management officials, Association counsel and /or aggrieved employees, provided that the Association representatives and /or aggrieved employees contact their immediate Police Support Services Association Collective Bargaining Agreement 2013 -2015 supervisors, indicate the general nature of the business to be conducted, and request the necessary time off. Such time off will not be allowed whenever the City reasonably determines it will interfere with Department operations, and Association representatives shall not use excessive time in handling such responsibilities. The Association shall give the City as much advance notice as reasonably possible of such time off requests. ARTICLE 2 - MEMBERSHIP AND DUES DEDUCTION Section 2.1 Dues Deduction The parties agree to the following: 2.1.1 The deduction of monthly dues uniformly levied by the Association for those employees who elect to become members of the Association and who request in writing to have their regular monthly Association dues deduction checked off on the basis of individually signed voluntary check -off authorization cards; 2.1.2 All employees who elect not to become members of the Association shall, in lieu of Association membership, as a condition of employment, pay to the Association a regular monthly service fee equal to the Association dues schedule in effect for that employee as a monthly contribution towards the administration of this agreement. Such fees shall not exceed the maximum agency fee allowed by law. Employees failing to honor their union security obligations shall be discharged after thirty (30) days written notice, at the request of the Association; 2.1.3 Each month, the City shall remit to the Association, all dues deducted together with a list of employees and the amount deducted from each employee. The City agrees to notify the Association of new employees within thirty (30) calendar days of the date of hire; 2.1.4 Hold Harmless. The Association agrees to defend, indemnify and hold the City, its officers, directors, employees and agents harmless from any and all claims, demands, actions, and liabilities (including attorney's fees) arising from resulting from or connected with the City's compliance with this Article. ARTICLE 3 - EMPLOYMENT PRACTICES Section 3.1 Seniority Definition For purposes of shift bidding, vacation bids, and layoff and recall, seniority shall be defined as the employee's length of continuous service within their classification. For Police Support Services Association Collective Bargaining Agreement 2013 -2015 2 all other purposes, seniority shall be defined as the employee's length of continuous service with the City's police department. Seniority shall be broken by resignation, termination for cause, layoff without recall for a period of 12 consecutive months, illness, injury or other leave of twelve (12) consecutive months. Section 3.2 Layoff Should it become necessary due to budgetary conditions, lack of work, or any other reasonable cause, to reduce the number of employees in this unit, the following basic provisions will apply: A. Order of layoff shall be determined by job classification. Regular employees will be retained on the basis of job performance. Relative job performance will be determined based upon relative qualifications, experience, and job performance evaluations. If job performance is equal, seniority in the classification will be the determinative factor. B. Employees affected by the reduction in force shall receive thirty (30) calendar days notice of such layoff, or pay in lieu thereof. Section 3.3 Establishment of Reinstatement Register A. The names of employees who have been laid off shall be placed upon a reinstatement register for the same classification from which laid off. This reinstatement register shall be in effect for one (1) year from the date of layoff, and shall take priority over other hiring or promotional lists. B. Refusal to accept a recall from the reinstatement register for employee's former classification shall terminate all rights granted under this Agreement, and the employee shall be removed from the register. C. Order of Reinstatement. If a vacancy is to be filled from the reinstatement register, recall shall be made on the basis of length of service within the classification. The regular employee on such register who has the most service credit shall be first reinstated. Section 3.4 Employment Status When Reinstated In the event a employee leaves the service of the City due to a reduction in force and within the next year the City rehires said former employee in the same classification to which assigned at the date of reduction, such employee shall be placed at the step in the salary range which the employee occupied at the time of the reduction. Police Support Services Association Collective Bargaining Agreement 2013 -2015 3 Section 3.5 Non discrimination It is agreed that the City will not discriminate on the basis of age, sex, marital status, race, creed, color, religion, national origin, ancestry, disability or activity protected by RCW 41.56. Section 3.6 Personnel Files All personnel records are maintained in compliance with the laws related to public records. Each employee is entitled to review and have photocopied his or her personnel file and /or police department personnel file. An employee shall have an opportunity to submit a letter to the file, responding to or supplementing information contained in his or her file. Upon receiving a request for all or part of a personnel file, the affected employee shall be notified of the request, and the information shall not be released for a period of three (3) business days from the time of said notification, except upon service of a court order or subpoena properly recorded and signed by a judge or magistrate demanding immediate release. Section 3.7 Employment References Unless otherwise required by a valid court order or by law, at the written request of the subject employee, or whenever the employee provides a written release to the prospective employer, the City will furnish prospective employers with only the following information about past or present employees to persons outside the City of Federal Way: Dates of employment. Current job title or job title at the date of separation. Verification of salary information. A copy of all requests for any information regarding past or present City employees shall be sent to Human Resources. ARTICLE 4 - HOURS OF WORK AND OVERTIME Section 4.1 Hours of Work The normal work schedule for employees covered by this agreement shall not exceed 40 hours of work in a seven (7) consecutive day period. The work week will commence at the beginning of day shift on Sunday and end with completion of Saturday night's graveyard shift. Where reasonably possible, the employee's work schedule shall be posted at least thirty (30) days prior to the beginning of the applicable work period. Police Support Services Association Collective Bargaining Agreement 2013 -2015 4 The normal work schedule for all employees covered by this Agreement shall be designed with a minimum of a 30 minute (maximum 60 minute) non -paid lunch period. Any employee that has their lunch interrupted, and is unable to work out an alternative time with their supervisor for the lunch break, will receive compensation for the lunch period for that day. The City will work in good faith with the Association and employees to ensure that employees are able to receive their meal period. The work schedule shall be four consecutive ten (10) hour shifts followed by three (3) consecutive days off. Provided, this work schedule may be altered by mutual agreement between the City, the Association and the employee. The hours of work for the Animal Services officers shall be four consecutive ten (10) hour shifts followed by three (3) consecutive days off. Provided, that the following conditions apply: A. These hours and days of the 4/10 schedule shall be determined by management; B. If an Animal Services Officer is going to be unavailable for an extended period of time (40 hours or more) for any reason including but not limited to sick leave, vacation leave, or training, management will have the right to move the remaining Officer back to a 5/8 schedule during the period in which only one Officer is available; C. All other provisions in Section 4 apply. Scheduling changes may be made where there is a reasonable operational need. Mutual agreement is required before changes to the length of shift in a classification. Except in emergencies, the employer will provide a minimum of seven (7) days notice before any schedule change. Employees shall receive one and one half the regular rate of pay for all mandatory shift changes with less than seven (7) days notice, through the notice period. The Employer will bargain with the Union before implementing any schedule configuration other than ten hour shift. Section 4.2 Overtime A. All overtime shall be compensated at a rate of one and one -half (1.5) times the employee's regular hourly rate. Overtime is defined as hours worked, together with holiday, vacation, sick leave or compensatory time hours, in excess of: the regularly scheduled shift for full time regular employees within a twenty -four (24) hour period OR; 2. over eight (8) hours per day for part time regular employees OR; 3. over forty (40) hours in a seven (7) day week. Police Support Services Association Collective Bargaining Agreement 2013 -2015 5 B. In all cases overtime will be computed to the nearest one - quarter (1/4) hour. C. Overtime and premium pays shall not be duplicated or pyramided. Compensation shall not be paid more than once for the same hours under the provisions of this Agreement. Section 4.3 Comp Time in Lieu of Pay for Overtime Upon receiving concurrence of the City, an employee may elect to receive compensatory time in lieu of overtime pay. Compensatory time is accrued at the rate of one and one -half (1.5) hours for each hour of overtime worked. Compensatory time may be accrued to a maximum of eighty (80) hours. Compensatory time in excess of eighty (80) will be paid as overtime. Upon termination, unused compensatory time will be paid at the current rate on the final paycheck. Section 4.4 Overtime Minimum - Call Back/Court Time Employees "called back" to work (including court appearances on behalf of the City) shall receive a minimum of two (2) hours pay at one and one half (1.5) time the regular rate for the work for which they were called back. Call back occurs when the employee has finished his /her last regular shift but before beginning the next regular shift with less than twelve hours notice; or when requiring an employee to report on his /her day off. When an employee, not scheduled for call back, is called with less than one hour notice the pay calculation shall begin from the period when the employee is notified. When an employee, not scheduled for call back, is called with more than one hour notice but less than twelve hours notice the pay calculation shall begin from the time the employee leaves his /her residence. When an employee is scheduled for call back or receives more than twelve hours notice the pay calculation shall begin when the employee actually reports for work. Employees called back may be required to perform other duties for the duration of the minimum guarantee if the duty necessitating the call back does not take the full two hours. Section 4.5 Shift Bidding Records specialists shall be allowed to bid for shifts within their respective classifications by seniority. The bid cycle shall be for a period of six months, as determined by the City. The City reserves the right to assign or transfer an employee from one shift to another, where reasonably required by operational considerations. Police Support Services Association Collective Bargaining Agreement 2013 -2015 ARTICLE 5 — MANAGEMENT RIGHTS Section 5.1. The Association recognizes the right of the City to operate and manage its affairs in all respects in accordance with its lawful authority. The City retains the authority that the City has not expressly delegated or modified by this Agreement. Section 5.2. Management rights and responsibilities shall include, but are not limited to, the following examples: The City and the Department shall retain all rights and authority to which by law they are entitled. 2. The City shall have the authority to organize and reorganize the operations within the Department. 3. The Association recognizes the right of the Department to enforce the Department Rules and Regulations, and operational procedures and guidelines. 4. The City has the exclusive right to schedule work and overtime work as required in the manner most advantageous to the City, consistent with the applicable provisions of this Agreement. 5. The City has the right to assess an employee's performance of their job. 6. The City has the right to: a. discipline, demote, suspend, and discharge non - probationary employees for just cause. Scheduling of disciplinary days off will be at the convenience of Department operations. b. to discharge probationary employees for any reason. Employees who are discharged before completing their probationary period shall not have access to the grievance procedures of this Agreement to protest or challenge the discharge or the reasons therefor. C. to recruit, hire, promote, fill vacancies, transfer, assign, and retain employees. d. to lay off employees for lack of work or funds or other legitimate reasons. 7. The City has the right to determine business hours, to determine the starting and quitting times, and to discontinue work that would be wasteful or unproductive. Police Support Services Association Collective Bargaining Agreement 2013 -2015 7 8. The City has the right to control the Police Department budget. 9. The City has the right to determine the methods, location, means and processes by which work shall be accomplished. 10. The City shall have the right to take any and all actions necessary in the event of an emergency. Section 5.3. The parties recognize the City may perceive a need to make operational changes in areas that are not covered by the above management responsibilities, and that are not otherwise explicitly covered by this Agreement. In the event the City desires to make such a change (in a mandatory subject of bargaining) the City shall give the Association at least ten (10) days notice of the desired change. The Association may request bargaining of the issue, and the City thereafter will meet with the Association in an effort to resolve the issue. Should resolution not be achieved, either party may request the assistance of a PERC mediator and the parties will mediate for a period of thirty (30) days. Ultimately, the City may implement the change, after bargaining in good faith and impasse is reached. ARTICLE 6 - SICK LEAVE Section 6.1 Accrual and Usage Sick leave shall be accrued by regular, full -time employees at the rate of eight (8) hours per month. Regular, part-time employees shall accrue sick leave on a pro -rated basis in the same percentage as the employee's average weekly scheduled hours relate to a forty (40) hour week. An employee may accrue up to 720 hours in his or her sick leave account. Sick leave is to be used in cases of illness, accident or other conditions which require medical treatment or supervision and require an employee to be absent from work. Sick leave may be used to care for an employee's own health condition, to care for a dependent child (including dependent step -child or foster child) under the age of eighteen (18) with a health condition that requires treatment or supervision, a spouse, parent, parent -in -law, or grandparent of the employee who has a serious health condition or as more particularly established in WAC 296 -130. Sick leave may also be used for the care, treatment and preventative health care of the employee and dependents. The parties agree that sick leave should not be abused, and that such abuse is cause for discipline. Section 6.2 Sick Leave Incentive Any non - exempt employee who has an accumulated sick leave balance of at least 100 hours on December 31 of each year and has used 24 or fewer hours of sick leave during that calendar year will be eligible to receive 24 hours of additional vacation Police Support Services Association Collective Bargaining Agreement 2013 -2015 accrual the following year. A non - exempt employee whose only use of sick leave was a donation of accrued sick leave as provided under the City's guidelines for shared leave is eligible to receive the sick leave incentive. Section 6.3 DOMESTIC PARTNER A person whom a City employee identifies as his or her domestic partner by completing an Affidavit of Domestic Partnership will be provided the same consideration as an employee's "spouse" for purposes of this Agreement. ARTICLE 7 — HOLIDAYS Section 7.1. Holidays Observed On January 1St of each year, the City shall bank (provide) one hundred sixteen (116) hours of holiday pay for each bargaining unit employee. Following are the official observed holidays: For employees hired after January 1St in a given year, the City may prorate the hours to be banked and shall bank (provide) the number of hours of holiday pay calculated by multiplying the number of holidays remaining to be celebrated in that year by eight (8) hours (e.g., for an employee hired on March 1St, sixty four (64) hours calculated by multiplying the number of holidays remaining to be celebrated in that year [eight (8)] by eight (8) hours); provided that the City shall not be required to bank hours for a Floating Holiday for any employee hired after July 1St during the employee's year of hire. If an employee permanently leaves the service of the employer before December 31St of any given year, the City may deduct banked hours credited to the employee's holiday pay Police Support Services Association Collective Bargaining Agreement 2013 -2015 N Commonly Called First day of January New Year's Da Third Monday of January Martin Luther King Da Third Monday of February President's Da Last Monday of May Memorial Da Fourth day of July Independence Da First Monday of September Labor Da 11th Day of November Veteran's Da Fourth Thursday of November Thanksgiving Day Friday following Day after Thanksgiving 25th day of December Christmas Day 2 Floating Holidays For employees hired after January 1St in a given year, the City may prorate the hours to be banked and shall bank (provide) the number of hours of holiday pay calculated by multiplying the number of holidays remaining to be celebrated in that year by eight (8) hours (e.g., for an employee hired on March 1St, sixty four (64) hours calculated by multiplying the number of holidays remaining to be celebrated in that year [eight (8)] by eight (8) hours); provided that the City shall not be required to bank hours for a Floating Holiday for any employee hired after July 1St during the employee's year of hire. If an employee permanently leaves the service of the employer before December 31St of any given year, the City may deduct banked hours credited to the employee's holiday pay Police Support Services Association Collective Bargaining Agreement 2013 -2015 N bank equal to the number of holidays remaining to be celebrated in that year multiplied by eight (8) hours, as well as eight hours for the floating holiday if the termination occurs prior to July 1st of that year. Section 7.2 The decision of whether an employee will be required to work on an observed holiday will be made by the City. An employee who is required to work on an observed holiday as set forth above shall receive his /her regular rate of pay for hours worked, except that, an employee who is required to work on either Thanksgiving, Christmas, New Year's Day or an additional day each year to be designated by the City prior to December 1 of the previous year, shall be paid at time and one half (1.5) for all hours worked. Section 7.3 All employees shall make reasonable efforts to expend their banked holiday hours prior to the end of each year (December 31). Employees may use their banked holiday hours in increments no smaller than two hours, and shall use all banked holiday hours prior to using any vacation hours. Banked holiday hours shall be used on a first earned, first out (FIFO) basis. In the event an employee does not use all of his /her banked holiday hours prior to December 31, the employee will forfeit the remaining banked holiday hours, except that an employee may carryover unused banked holiday hours until June 30 of the following year, if: A. the employee makes a reasonable effort to use his /her banked holiday hours /pay, the employee is denied the opportunity to use banked holiday hours /pay by his /her supervisor, and the employee has written documentation of said effort in the form of completed Department leave request forms reflecting that the use of banked holiday hours /pay had been denied by the employee's supervisor, and /or B. the employee was prevented from using banked holiday hours /pay because of approved leave resulting from military service, long term disability, work related injury, or a similar reason. If an employee is unable to schedule banked carry-over time to be used by June 30th of the following year, the Deputy Chief shall attempt to schedule the banked carry-over time prior to June 30th of that year. If the Deputy Chief is unable to schedule the banked carry-over time by June 30th of that year, the City shall, upon the employee's next regularly scheduled payday, cash out the hours that cannot be further carried -over under these provisions at the employee's then - current rate of pay. An employee whose work schedule is other than an eight -hour day may use accrued vacation leave or compensatory time to supplement the holiday pay in order to receive the entire workday off with pay. Police Support Services Association Collective Bargaining Agreement 2013 -2015 10 ARTICLE 8 - EDUCATION ALLOWANCE Section 8.1 General Policy A. The City recognizes the need to encourage and promote educational opportunities for employees. The City will reimburse personnel for costs incurred in receiving approved education upon satisfactory completion of such education to the extent covered by the City's education reimbursement policy. Eligible costs include: Tuition; and 2. Books. B. If an employee is attending an accredited State institution, the employee shall be reimbursed based upon that institution's tuition schedule. If an employee is attending a non -State supported institution, the employee shall be reimbursed on the basis of the University of Washington tuition schedule. Any and all education assistance reimbursement is suspended indefinitely C. Continuing Education Incentive AA- $40.00 per month BA- $80.00 per month In order to receive this premium, the degree must be in a field of study related to the employee's assignment, as reasonably determined by the Department. In addition the employee must fulfill a continuing education requirement of at least one Department approved college class per year or 20 hours of pre- approved specialized training over and above Department mandated training. The decision of whether to attain this incentive is discretionary with the employee, and all time spent travelling to and attending classes shall be on the employee's own time. The City's education reimbursement program shall apply to the Association, and should the City fail to fund the program, such that the employee can not receive reimbursement for the tuition, the continuing education requirement shall be waived for that year. Police Support Services Association Collective Bargaining Agreement 2013 -2015 11 ARTICLE 9 — VACATION Section 9.1 Vacation Members of the bargaining unit shall receive annual leave benefits as follows: COMPLETION OF: Through end of year 5 Upon beginning of year 6 Upon beginning of year 11 Upon beginning of year 16 Upon beginning of the 21 ANNUAL VACATION HOURS: 96 hours 132 hours 150 hours 180 hours 204 hours Section 9.2 Scheduling Annual Leave — Seniority Basis During January, the Department shall conduct a bid for vacations for the following year. The bid shall be by seniority, and conducted by division and shift. All vacation bid requests shall be for work weeks. Vacation requests submitted subsequent to the vacation bid shall be considered dependent upon Department needs on a first, come first served basis. The City shall make the determination of how many employees may be on vacation at any one time. If the City cancels vacation once it has been approved and the affected employee has incurred non - refundable expenses in planning for the same, the employee shall be reimbursed by the City for those expenses. Any employee called back to duty once vacation has begun shall be reimbursed for any additional transportation costs incurred in returning to duty. Section 9.3 Payout Upon separation, all vacation hours accrued will be paid at the regular rate of pay. Section 9.4 Maximum Accrual A. An employee may not carry over to each subsequent calendar year more than two hundred forty (240) hours of vacation. B. Upon the effective date of the termination of an employee's employment, such employee shall thereupon be entitled to a sum of money equal to the employee's current straight -time hourly rate for any accrued unused vacation leave time, which shall be paid on the employee's final paycheck, up to two hundred forty (240) hours maximum. Police Support Services Association Collective Bargaining Agreement 2013 -2015 12 C. The City will schedule vacations, consistent with Department needs and coverage. Section 9.5 Service Leave. Regular employees will be provided a one -time accrual of 40 hours (pro -rated for regular part-time employees) of vacation leave after each consecutive 10 year period of continuous employment (i.e. after 10 years, 20 years, 30 years, etc.). ARTICLE 10 — PENSIONS Pensions for employees and contributions to pension funds will be governed by Washington State Statute. ARTICLE 11 - BEREAVEMENT AND OTHER LEAVES Section 11.1 BEREAVEMENT. Employees may take up to thirty (30) hours of bereavement leave for a death in the employee's immediate family. For purposes of this section immediate family is defined as a spouse, siblings, children, grandparents, grandchildren, in -laws, parents, aunts, and uncles. At it's option, the Employer may construe this definition more broadly to include other persons living in the employee's household, or to established relationships having attributes to familial ties. With advance Department Director approval, up to an additional fifty -six (56) hours of sick leave may be utilized in these situations. With Department Director approval, an employee may use sick leave, not to exceed eight (8) hours, to attend the funeral of close friends or other relatives. Section 11.2 PERSONAL LEAVES A personal leave of absence is a privilege the City may extend to qualified regular full - time and regular part-time employees for specific periods of time under certain circumstances. It allows an employee to take time off from work for personal reasons (see also 11.5 Military Duty). All such leaves are taken without pay. A leave of absence must be requested in writing and submitted to the employee's immediate supervisor and department director for a recommendation as soon as the need for such a leave is known. The department director shall then forward the request to Human Resources for review. Only the Mayor may grant or deny any such personal leave requested. The employee may request or may be required by the City to use accrued vacation or compensatory time to offset loss of pay during the leave. No benefits such as vacation or sick leave are earned while on unpaid leave. Employees Police Support Services Association Collective Bargaining Agreement 2013 -2015 13 on leave may return early from leave if they notify the supervisor in advance. Failure to return from leave on or before the agreed upon date, however, will result in termination. An unpaid leave of more than thirty (30) calendar days will affect an employee's review dates. These days will be adjusted forward until the employee has completed as many days of continuous employment as the length of the leave of absence. An employee normally will be assured of returning to his or her position for a leave of absence of one hundred eighty (180) days or less in duration. Because of staffing requirements, however, it may be necessary to fill the current position for a leave of absence in excess of one hundred eighty (180) days. In this event, efforts will be made to place the employee in an available, open, comparable position. During any unpaid leave of one hundred eighty (180) days or less, an employee may continue his or her group insurance coverage by prepaying on a monthly basis the premium plus two percent (2 %) during any affected period of the leave. Sick leave accrual shall not be used for non - medical leaves of absence. Section 11.3 LEAVE OF ABSENCE — MEDICAL — NON -FMLA Medical leaves of absence may be granted for regular full -time and regular part-time employees who are unable to perform their job duties due to an illness or an accident and who are ineligible for or have exhausted FMLA leave. This medical leave of absence requires a doctor's certification and cannot exceed one hundred eight (180) days total, including any FMLA leave. During medical leave, the employee may receive previously earned sick pay and earned but unused vacation benefits. A written request for a medical leave of absence must be returned to the department director along with a doctor's certification indicating the nature of the medical problem and the anticipated length of absence. A medical leave of absence may be extended, upon a written request, accompanied by an explanation from the employee's doctor of the need for an extension period. Even with an extension, however, a medical leave cannot exceed one hundred eighty (180) days total, including FMLA leave. Employees returning from a medical leave of absence must provide a doctor's written certification of their ability to return to work. The City reserves the right to require an examination by a doctor of the City's choice. Employees returning from a medical leave of one hundred eight (180) days or less return to the same position or a similar position of like pay or status, provided however, that the employee remains subject to legitimate job changes or layoffs that would have occurred even if they had not been on leave. During the paid medical leave of absence, the City will pay its portion of the employee's group insurance premiums for up to six (6) months total, including during FMLA leave. Police Support Services Association Collective Bargaining Agreement 2013 -2015 14 An unpaid leave of more than thirty (30) calendar days will affect an employee's review dates. These days will be adjusted forward until the employee has completed as many days of continuous employment as the length of the leave of absence. Section 11.4 SHARED LEAVE The City's currently existing shared leave policy will be available for the duration of this Agreement Section 11.5 MILITARY LEAVE Any employee who is a member of the Washington National Guard or a federal military unit is entitled to leave from his or her duties as provided for by law, and shall be paid as required by law. An employee shall provide the City with notice of the leave as soon as the employee learns of the assignment, and shall furnish the City with a copy of his /her orders. A military leave shall be limited to the time of the military assignment. ARTICLE 12 - CITY SUPPLIED EQUIPMENT A. The City shall provide any federal and /or state required safety gear and apparatus. B. Employees who suffer a loss or damage to personal property and /or clothing in the line of duty shall be reimbursed for such loss or damage by the City, provided a claim is filed with the City. Loss due to neglect, negligence or abuse by the employee shall not be considered for reimbursement, nor shall damage caused by normal wear and tear. Reimbursement shall be limited to personal property with a reasonable and ordinary value (i.e. — no Rolex watches). D. The City shall purchase the following uniforms for customer service personnel and provide dry cleaning: Property /Evidence Section: 3 polo shirts with City logo (navy, black, or tan) and 3 slacks (navy, black, or tan), 1 wool sweater zip or button (navy or black), and 1 winter jacket (black or navy). 2. Records Section: 3 dress shirts with City logo (navy, white, black or turquoise), and 1 wool sweater zip or button (navy or black). Staff must provide slacks or skirt. 3. Quartermaster /Jail Coordinator: 3 polo shirts with City logo (navy, black, or tan) and 3 slacks (navy, black, or tan), 1 wool sweater zip or button (navy or black), and 1 winter jacket (black or navy). Police Support Services Association Collective Bargaining Agreement 2013 -2015 15 4. Administrative Assistants: City will provide 2 sweaters (navy or black). The City agrees to repair and /or replace clothing provided by the City as determined by the supervisor. ARTICLE 13 - SAVINGS CLAUSE If any article of the agreement or any addenda hereto should be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any article should be restrained by such tribunal, the remainder of the agreement and addenda shall not be affected thereby and the parties shall enter immediate collective bargaining negotiations for the purpose of arriving at a mutually satisfactory replacement of such article. ARTICLE 14 - ENTIRE AGREEMENT The agreement expressed herein in writing constitutes the entire agreement between the parties and no oral statement shall add to or supersede any of its provisions. The parties acknowledge that each has had the unlimited right and opportunity to make demands and proposals with respect to any matter deemed a proper subject for collective bargaining. The results of the exercise of that right are set forth in this agreement. Therefore, except as otherwise provided in the agreement, the City and Association, for the duration of this agreement, each voluntarily and unqualifiedly agree to waive the right to oblige the other party to bargain with respect to any subject or matter specifically covered by this agreement. ARTICLE 15 - PERFORMANCE OF DUTY Section 15.1 Non - Strike Provisions Nothing in this agreement shall be construed to give an employee the right to strike and no employee shall strike or refuse to perform his assigned duties to the best of his ability. The Association agrees that it will not condone or cause any strike, slowdown, mass sick call, or any other form of work stoppage or interference to the normal operation of the Federal way Police Department. Police Support Services Association Collective Bargaining Agreement 2013 -2015 16 ARTICLE 16: GRIEVANCE PROCEDURE Section 16.1 Grievance Procedure Steps. A. Any grievance that may arise between parties concerning the application, meaning, or interpretation of this Agreement, shall be settled in the manner prescribed by this grievance procedure. B. A "Grievance" is defined as a claim or dispute by an employee, group of employees, or the Association concerning the interpretation or application of the provisions of this Agreement. Nothing in this procedure shall prohibit an employee from discussing a complaint directly with his supervisor or department head without representation by the Association, as provided by State Law. C. Should a subject for claim or dispute arise, there shall be no stoppage of work by employees, but an earnest effort shall be made to settle such claims or disputes promptly and in the manner hereinafter outlined. Step 1 An employee or a group of employees claiming to have a grievance shall discuss the complaint with the immediate supervisor within ten (10) calendar days of the alleged occurrence, or when they reasonably should have known of the alleged occurrence. Step 2 The supervisor shall attempt informal resolution of the grievance within seven (7) calendar days after it is presented. Step 3 Provided the grievance is not settled satisfactorily at step 2, it may be presented to the Police Chief (or designee) by the Association within seven (7) calendar days of the supervisor's response or the expiration of the time limit in step 2. The submission shall be in writing, setting forth the nature of the grievance, the articles of this agreement allegedly violated, and the requested remedy. Step 4 The Police Chief or designee shall attempt to settle the grievance within ten (10) calendar days after it has been presented, and shall respond in writing. Police Support Services Association Collective Bargaining Agreement 2013 -2015 17 Step 5 If the grievance is not settled by the Police Chief within the time allowed, it may be presented in writing to the Mayor, with a copy to the Director of Human Resources, by the Association within seven (7) calendar days of the Police Chief's response or the expiration of the time limit in step 4. Step 6 The Mayor shall have fourteen (14) days to review the grievance. If the Mayor does not respond or otherwise settle the grievance within the fourteen -day period, the grievance shall be automatically advanced to step 7, and shall not be forfeited by either party. Step 7 a. If the grievance is not settled at step 6, and involves a matter other than discipline, the dispute will be referred to the negotiating committee of both parties. The two committees shall meet within ten (10) calendar days to consider the dispute. At that meeting, all pertinent facts and information will be reviewed in an effort to resolve the matter through conciliation. If no satisfactory solution is reached in this step, the matter may be submitted in writing to arbitration within 30 calendar days of the conciliation meeting. b. If the grievance is not settled at step 6 and involves discipline other than an oral or written warning, the matter may be submitted, in writing, to arbitration within thirty (30) calendar days of the date that the Mayor's review is due. Oral and written warnings may only be grieved through step 6 of this procedure. However, if the City attempts to introduce prior oral or written warnings in a subsequent discipline case that is subject to arbitration, the City shall be required to prove that it had just cause to issue those prior oral or written warnings as well as the instant discipline. Section 16.2 Arbitration Panel. The City and the Association mutually agree to a permanent panel of arbitrators to hear all grievances in arbitration. The panel shall consist of three arbitrators: Janet Gaunt, Gary Axon, and Ken Latsch. Only one arbiter shall hear each grievance and they shall be picked in rotation, provided that either party may elect to disqualify one arbiter on the list for a particular hearing. The Association must exercise its right to disqualify the arbiter at the top of the rotation list in writing, filed at the same time it submits the dispute to arbitration pursuant to step 7 of the grievance procedure. If the City wishes to exercise this right, it must do so within twenty (20) days of being served with the Association's demand for arbitration. The decision of the Arbitrator shall be final and binding on the parties. Police Support Services Association Collective Bargaining Agreement 2013 -2015 18 A. The Arbitrator shall make his /her own rules of procedure. The Arbitrator shall have no authority to amend, alter, or modify this Agreement or its terms, and shall limit his /her decision solely to the interpretation and application of this Agreement. B. Each grievance or dispute will be submitted separately except when the City and the Association mutually agree to have more than one grievance or dispute submitted to the Arbitrator. C. The losing party shall bear the expense of the Arbitrator. The losing party shall be denominated in the award. When there is no winning party, the cost of the Arbiter shall be borne equally by the parties. All other costs and fees will be paid by the party incurring the cost/fee. D. The Arbitrator shall have thirty (30) days from the close of the hearing to issue an award. Section 16.3 Time Limits. Time limits will be strictly adhered to, but may be extended by mutual written agreement upon reasonable request, except for situations where no timely grievance is filed. While forfeiture under this clause will finally resolve the matter in dispute, it will not establish a precedent between the parties on issues of contractual interpretation. Section 16.4 Multiple Procedures. If employees have access to multiple procedures for adjudicating grievances, the selection by the employee of one procedure will preclude access to other procedures; selection is to be made no later than at the conclusion of step 6 of this grievance procedure. Section 16.5 Step 3 Submission. In those instances where disciplinary action is based on reasonable evidence of the commission of a crime, or the proposed discipline involves suspension or termination of the employee, step 3 of the Grievance Procedure will be initiated immediately. Section 16.6 Just Cause Standard. No post probationary employee may be discharged, suspended without pay, demoted (except as provided below) or disciplined in any way except for just cause. The City may withhold a step increase, for a specified period of time, if it has just cause. Section 16.7 Parties to the Agreement. In as much as this is an agreement between the City and the Association, no individual employee may make use of the provisions of this Article, except as expressly provided above. Section 16.8 Probationary Period. All newly hired employees must serve a probationary period. The probationary period for newly hired employees shall be one year. The probationary period shall be extended for the number of work days equal to Police Support Services Association Collective Bargaining Agreement 2013 -2015 19 the number of work days an employee was absent in excess of 10 work days during the probationary period. The probationary period is an extension of the hiring process; therefore, the provisions of this Article (including the Just Cause Standards in Section 16.6) will not apply to employees if they are discharged during their initial probationary period. Grievances brought by probationary employees involving issues other than discharge may be processed in accordance with this Article. ARTICLE 17 - EMPLOYER & EMPLOYEE RIGHTS Section 17.1 Discipline It is agreed that the employer has the right to discipline, demote, suspend, or discharge any employees for just cause. Section 17.2 Disciplinary Investigations In criminal matters, an employee shall be afforded those constitutional rights available to any citizen. In administrative matters relating to job performance, the following guidelines shall be as follows: A. "Interrogation" as used herein shall mean any questioning by an agent of the City who is conducting an investigation (as opposed to a routine inquiry) of the employee being interrogated, when the agent knows (or reasonably should know) that the questioning could result in employee discipline. B. Before interrogation, the employee shall be informed of the nature of the matter in sufficient detail to reasonably apprise him /her of the matter. Nothing herein shall operate as a waiver of the Association's right to request bargaining information. C. Any interrogation of an employee shall be at a reasonable hour, preferably when the employee is on duty, unless the exigencies of the investigation dictate otherwise. D. Any interrogation shall take place at the City Police Department, except when impractical. The employee shall be advised of their right to and shall be allowed PSSA representation to the extent allowed by the law. E. The questioning shall not be overly long and the employee shall be entitled to such intermissions as are reasonably necessary. Police Support Services Association Collective Bargaining Agreement 2013 -2015 20 F. The employee shall not be subjected to any offensive language or abusive questioning, nor shall he /she be threatened with dismissal, transfer or other disciplinary punishment as a guise to attempt to obtain his /her resignation. G. The Employer shall not require any employee covered by this Agreement to take or be subjected to a lie detector test as a condition of continued employment. Nor shall polygraph evidence of any kind be admissible in disciplinary proceedings, except by stipulation of the parties to this Agreement. H. The Department may, and upon request will, tape record any interrogation. Upon request, a copy of the tape /transcript (if made) will be provided to the employee. Section 17.3 Psychological Evaluations The purpose of this Section is to balance the interest of the Employer in obtaining a psychological evaluation of an employee to determine the employee's fitness for duty and the interest of the employee in having those examinations being conducted unobtrusively, and so as to protect the employee's privacy. Generally, an evaluation will be ordered only if the employer has a reasonable concern that an employee is psychologically unfit to perform the job. A. Results of the Evaluation. The City shall provide the doctor with the employee's job description and other information necessary for the doctor to understand the duties and responsibilities of the employee. The doctor will issue a written report to the Employer and the employee. The only information which the doctor may disclose shall be whether the employee is fit or unfit for duty or requires modified work conditions, and the prognosis for recovery, and the reason why the doctor has reached those conclusions. Additionally, where the cause of the unfitness is duty- related, the doctor shall disclose that cause. If the doctor believes the employee is fit for duty but needs modified work conditions, the doctor will indicate what modifications are necessary and the extent or duration projected of the modification. The doctor will keep all data that has been made available to him or her confidential and not release it to any of the parties except the employee. Modified work conditions may include light duty assignments of limited duration. B. As used in this section, "doctor' refers to a psychologist or psychiatrist. Police Support Services Association Collective Bargaining Agreement 2013 -2015 21 ARTICLE 18 - COMPENSATION Section 18.1 Salaries A. The wage scale attached as Appendix A. B. Paid Lunch. Records staff working Late Mid (starting 6:00 PM or later) Swing (starting 4:00 PM start time or later) and Graveyard (starting at 8:00 PM or later) shifts will be paid for a 30 minute (half -hour) lunch. C. Extra -Duty Pay. Employees assigned as Records Training Specialists ( "RTSs ") shall receive an additional three (3) percent of the top step wage rate per month, as extra -duty pay for all time spent in the actual training of employees. The Property Evidence Technician, who has been trained and certified to test marijuana, shall receive an additional five (5) percent of top step wage rate per month, as extra -duty pay for all time spent in actually testing marijuana. C. On -call Pay. Employees assigned as Animal Services Officers shall receive an additional three (3 %) percent of the top step wage rate for all time spent on -call pay to provide coverage for unscheduled absences shorter when the work schedule has not been adjusted. Section 18.2 Out of Class Extra Duty pay may be awarded to a single individual who, for a period of time exceeding thirty (30) calendar days, assumes substantial responsibilities when assigned to substitute in a vacant position, in addition to performing the duties of the position currently held. The vacancy may be due to termination, leave of absence, extended illness or other reasons approved by the Mayor or his /her designee. When such an assignment extends beyond thirty (30) calendar days, the employee may receive up to a ten percent (10 %) increase for the entire extra duty time. The percentage of Extra Duty pay awarded will be determined by the department director, and funding for the additional compensation will come from the department budget. The added compensation will cease when the assignment ends. ARTICLE 19 - INSURANCE COVERAGE Section 19.1 Medical /Dental Plans A. Effective January 1, 2012, the City shall pay each month one hundred percent (100 %) of the premium necessary for the purchase of employee coverage and ninety percent (90 %) of the premium necessary for the Police Support Services Association Collective Bargaining Agreement 2013 -2015 22 purchase of dependent coverage (excluding spouses who have other coverage available through his /her place of employment) under the Group Health Alliant Plus or Group Health direct insurance insurance plans as selected by the employee. The City will reimburse actual expenses incurred in order to cover the annual deductible payments for "out -of- network" services under the Alliant Plus Plan ($100 individual, max $300 family). The City agrees to place the members and eligible dependents on dental coverage Plan F. B. January 1, 2015 the City will offer a two tier co -pay for health insurance depending upon participation in wellness. 1. Employees will remain on the lower co -pay plan if they earn 1000 points (Biometric Screening and Health screening Questionnaire required and earns 500 points) by October 31, 2014. 2. Increase co -pays — specific amounts estimated to be: a. Office visit increase to $40 b. Prescription increase to $10/$35/$75 in Network; $15/$40/$80 Out -of- Network Section 19.2 Life Insurance The City shall pay the entire premium for double indemnity life insurance coverage for each eligible employee in the bargaining unit. The City will determine the manner in which insurance coverage is secured. The amount of life insurance shall be equal to one times the employee's annual base salary to a maximum of $50,000 and a minimum of $25,000. ARTICLE 20 FEDERAL WAY COMMUNITY CENTER Federal Way Community Center Membership. While the City's budget for employee membership to the Federal Way Community Center has been reduced by half for 2010 due to the current economic conditions, the City has looked at ways to encourage continued FWCC use without significant cost increases to employees (which may discourage use), by using City funds more efficiently, and requiring nominal employee contributions, as more specifically indicated below: Regular employees can sign up to receive either 1) a multi -visit pass (11- visits for the price of 10, an $80 value) to the Federal Way Community Center for the 1St quarter by paying a $10 non - refundable employee contribution; or 2) a 3 -month pass ($135 value) to the FWCC for the 1St quarter by paying a $25 non - refundable employee contribution. . Police Support Services Association Collective Bargaining Agreement 2013 -2015 23 2. Employees "enroll' at the FWCC by 1) showing their employee identification card; 2) completing the applicable passholder agreement; and 3) paying the non- refundable employee contribution for the multi -visit or 3 -month pass by cash /check/credit card by the 15th of the first month of the quarter (January 15, April 15, July 15 and October 15). 3. Only one pass (either the multi -visit pass OR the 3 -month pass) per enrolled employee per quarter will be issued. 4. Employees who select the multi -visit pass must visit the FWCC 11 times during the quarter to be eligible to receive a pass for the following quarter. This continues each quarter until the next calendar year when a new initial enrollment is required and allowed. 5. Employees who select the 3 -month pass must visit the FWCC at least 18 times during the quarter to be eligible to receive a pass for the following quarter. This continues each quarter until the next calendar year when a new initial enrollment is required and allowed. a. Employees not completing visits in a quarter may purchase a pass for the following quarter for $40 non - refundable employee contribution; when the employee completes at least 18 visits per quarter, the employee becomes eligible to purchase the pass at the rate in Section 1. 6. A "visit" is defined as "exercising within the FWCC for at least 20 minutes." "Walk - by visits" where an employee counts a visit when exercising outside the FWCC are not allowed. 7. There are no exceptions to the pass visit requirements. 8. Employees who satisfy the visit requirements for their current pass during the quarter may switch from the multi -visit pass to the 3 -month pass and vice versa for the following quarter by making the appropriate non - refundable contribution. The employee will be required to satisfy the requirement for the pass selected in order to be eligible for either pass the following quarter. 9. Newly hired employees have the option of enrolling for the pass immediately or starting the first of the following quarter. 10. Employees who terminate employment will be able to use the pass for the remainder of the quarter when it will be deactivated. Police Support Services Association Collective Bargaining Agreement 2013 -2015 24 11. Employees who have not satisfied the 11 visits required for the multi -visit pass during the quarter will be allowed to keep and use the multi -visit pass until all visits are used, however they will not be eligible for additional passes in subsequent quarters. 12. Passes are not transferable among employees or to any non - employee. 13. Employees must report lost passes to the FWCC so the pass can be de- activated. The employee will be charged a fee of $5 to replace lost passes. 14. The employee can upgrade to family passes on a quarterly basis by paying the difference between the full cost of the selected pass and the quarterly family pass as follows: 3 -month Upgrade: $201 family pass - $110 City contribution for employee pass _ $91 total employee cost (including $25 contribution to employee pass) 15. While the City anticipates adequate funding, should there be higher than projected use, passes will be issued as indicated above only until the funding is exhausted. Community Center membership as described above is being provided on a trial basis and may be modified or discontinued at the sole discretion of the City. ARTICLE 21 - SUBSTANCE ABUSE POLICY No employee shall be required to take or be subjected to any random alcohol or drug testing as a condition of continued employment, except when: 1. the City has a "reasonable suspicion" that an employee may be under the influence of drugs or alcohol while on duty and /or 2. an employee who, while driving a City vehicle or while driving on City business, is involved in an accident which results in a serious injury or in which the employee is cited under local or state law for a moving traffic violation. ARTICLE 22 - PROBATIONARY EMPLOYEES All newly hired and promoted employees must serve a probationary period. The probationary period for newly hired employees shall end one year from the date the employee begins work for the City. The probationary period upon promotion Police Support Services Association Collective Bargaining Agreement 2013 -2015 W shall be one year from the date of appointment. The probationary period shall be extended for the number of work days equal to the number of work days an employee was absent in excess of 10 work days during the probationary period; provided that the taking of scheduled and approved vacation shall not be counted toward the ten day period for promotional probationers. The probationary period is an extension of the hiring process; therefore, the provisions of the grievance procedure will not apply to employees if they are discharged during their initial probationary period or are demoted during the promotional probationary period for not meeting the requirements of the classification. Grievances brought by probationary employees involving issues other than discharge or demotion may be processed in accordance with Article 17. ARTICLE 23 - TERM OF AGREEMENT The effective date of this Agreement is January 1, 2013 and shall remain in force until December 31, 2015. Any changes in wages, hours or working conditions from those previously in effect shall become effective upon the execution of this agreement unless a specific, different effective date is indicated for a particular change. Signed this day of City of Federal Way Jim Ferrell, Mayor Police Support Services Association Collective Bargaining Agreement 2013 -2015 26 2014, at Federal Way, Washington. Police Support Services Association Michelle Dahl, President APPENDIX A WAGES Effective January 1. 2013 a 1.0% increase Customer Service 3257 3393 3537 3685 3842 4120 Specialist a18 Records Specialist (a18) 3257 3393 3537 3685 3842 4120 Administrative Assistant 1 3257 3393 3537 3685 3842 4120 a18 Prop erty /Evidence Tech. 3418 3563 3753 3871 4034 4324 a20 3716 Animal Services Officer 3794 3956 4124 4297 4480 4801 a24 CALEA/Volunteer 4400 4588 4781 4983 5193 5566 CALEA/Volunteer 4356 4543 4734 4934 5142 5511 Coordinator a30 4400 4588 4781 4983 5193 5566 Crime Analyst and 4356 4543 4734 4934 5142 5511 Prevention Specialist a30 4400 4588 4781 4983 5193 5566 Quartermaster (a30) 4356 4543 4734 4934 5142 5511 Crime Analyst/Prevention 4577 4769 4969 5178 5395 5784 Program Coordinator a32 Effective Julv 1. 2013 a 1.0% increase Customer Service 3290 3427 3572 3722 3880 4161 Specialist a18 Records Specialist (a18) 3290 3427 3572 3722 3880 4161 Administrative Assistant 1 3290 3427 3572 3722 3880 4161 a18 Property /Evidence Tech. 3452 3599 3753 3910 4074 4367 a20 Animal Services Officer 3832 3996 4165 4340 4525 4849 a24 CALEA/Volunteer 4400 4588 4781 4983 5193 5566 Coordinator a30 Crime Analyst and 4400 4588 4781 4983 5193 5566 Prevention Specialist a30 Quartermaster (a30) 4400 4588 4781 4983 5193 5566 Crime Analyst/Prevention 4623 4817 5019 5230 5449 5842 Program Coordinator a32 Police Support Services Association Collective Bargaining Agreement 2013 -2015 Effective January 1. 2014 a 2.5% increase Customer Service -3280 3427 3672 3722 3880 4154 Specialist(a18) 3372 3513 3661 3815 3977 4265 328 3427 3572 3722 3880 4161 Records Specialist (a18) 3372 3513 3661 3815 3977 4265 Administrative Assistant 1 3280 3427 3572 3722 3880 4454 (618) 3372 3513 3661 3815 3977 4265 Property/Evidence Tech. 3462 3698 3753 3940 4074 4367 (a20) 3538 3689 3847 4008 4176 4476 Animal Services Officer 3832 3996 4455 4340 4625 4849 (a24) 3928 4096 4269 4449 4638 4970 CALEANolunteer 4400 4688 4784 4983 6M 5665 Coordinator (a30) 4510 4703 4901 5108 5323 5705 Crime Analyst and 4400 4588 4784 4983 5493 6665 Prevention Specialist (a30) 4510 4703 4901 5108 5323 5705 4400 4588 4781 4983 6493 6555 Quartermaster (630) 4510 4703 4901 5108 5323 5705 Crime Analyst/Prevention 4623 4847 5049 6230 5449 5842 Program Coordinator (a32) 4739 4937 5144 5361 5585 5988 Effective January 1, 2015 a 2.5% increase. Police Support Services Association Collective Bargaining Agreement 2013 -2015 28 COUNCIL MEETING DATE: August 12, 2014 ITEM #: I �� CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: Proposed amendments to the Federal Way Revised Code (FWRC) related to the siting of Group Homes Type II and Type III which includes residents who are under the jurisdiction of the criminal justice system and have been convicted of certain crimes including registered sex offenders. POLICY QUESTION: Should the City amend the FWRC to provide guidance for the siting of Group Homes Type III? COMMITTEE: LUTC MEETING DATE: August 4, 2014 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Janet Shull r_.._ AICP z.........--_.........._..... Senior Planner DEPT: CD _.— .................._.._..........--....._............_.......__...._..................._..._....................__..._._..........._.............-_......_....._.........._............__...._.._.....__..-_.........._....._._.-._......---- _._...._._.- ..._....._... - - -- --- ._._. .... -- .._ ... _... Attachments: 1) Staff Memorandum to the LUTC; 2) Draft Adoption Ordinance; 3) July 2, 2014 Staff Memorandum to the Planning Commission; 4) July 2, 2014 Staff Report to the Planning Commission with Exhibits A -E; 5) May 21, 2014 Staff Report to the Planning Commission with Attachments 1 and 2; 6) Draft Minutes of the July 2, 2014 Planning Commission Public Hearing; and 7) Minutes of the May 21, 2014 Planning Commission Study Session. 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 RECOMMENDATION: The Mayor recommends adoption of the proposed amendments as written in the Draft Adoption Ordinance. , � _ MAYOR APPROVAL: 1 % I TOR APPROVAL: _ n C�o/m�itte o c.1 Initial CHIEF OF STAFF: D,0 4roxi / 6,1 h COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading and Enactment on August 12, 2014. PROPOSED UOUNCIL MOTION(S): "I move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: / ❑ APPROVED COUNCIL BILL #C,�__ -�- ❑ DENIED 18T reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 08/12/2010 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: July 22, 2014 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayorenior FROM: Janet Shull, AICP Planner; Isaac Conlen, Planning anager SUBJECT: Zoning Code Amendments for Group Homes Type III A. POLICY QUESTION Should the City of Federal Way approve amendments to the Federal Way Revised Code (FWRC) to establish development regulations pertaining to the appropriate siting of Group Homes Type II and Type III within the City of Federal Way? B. BACKGROUND In 2013, the City of Federal Way learned of multiple registered sex offenders and one violent gang member residing in a single family home. In addition, the home did not meet minimum health and safety standards to allow for the number of residents living in the home irrespective of their registered sex offender status. The residents were removed from the home, and on September 3, 2013, the Federal Way City Council enacted a six -month moratorium (Ordinance 13 -747) on Group Homes Type III and sex offender housing, so that adequate and reasonable regulations could be put in place. On February 18, 2014, the City Council enacted a renewal of the original moratorium (Ordinance 14- 759) to provide staff additional time to complete research on the appropriate siting of Group Homes Type III and to complete the public process for proposed code amendments. The moratorium will expire on September 3, 2014. In concert with the moratorium on siting of sex offender housing, the Federal Way City Council also passed Ordinance 13 -746 that added a new section to FWRC Title 12 "Businesses," to define and require the licensing of "significant impact businesses" under FWRC 12.05, and to require the approval and siting of such a business as a Group Home Type III under FWRC Title 19. Per FWRC 12.05.020, a "significant impact business" is a business that operates a congregate residential facility for sex offenders or violent felons, and a "congregate residential facility" is a dwelling where two or more unrelated individuals reside. Essentially, the amendments to FWRC Title 12 require that anyone desiring to rent housing to more than one sex offender or a violent felon must obtain a license for a "significant impact business" and meet the zoning code requirements for the siting of a Group Home Type III. The FWRC currently provides a definition of Group Homes Type III, which includes group homes that may house sex offenders. However, Group Homes Type III are not represented in any of the use zone charts for any of the established zoning districts. This means that they are not permitted in any zoning district. Group homes qualify as an essential public facility. An essential public facility is typically a facility or conveyance that is difficult to site due to unusual site requirements and /or significant public Attachment 1 Land Use and Transportation Committee Zoning Code Amendments for Group Homes Type III Page 2 July 22, 2014 opposition. State law requires that all jurisdictions establish comprehensive plan policies and regulations that address the siting of essential public facilities. To be clear, this means the city must allow the siting of Group Homes Type III. When processed as an essential public facility, the FWRC requires that group homes be reviewed under the zoning provisions found in respective zoning districts. This is problematic; however, because as previously mentioned, the code is silent on what the underlying zoning provisions are for Group Homes Type III. The primary issues considered in the proposed amendments to FWRC Title 19, "Zoning and Development Code," include: Determine which zoning districts are potentially appropriate for the siting of Group Homes Type III within the City of Federal Way. Determine the appropriate standards for permitting Group Homes Type III —in particular, the appropriate separation standards from sensitive land uses. Determine how best to tie in with the requirements specified in FWRC Title 12 "Businesses, " pertaining to "congregate residential facility" and "significant impact business" to ensure that no more than one sex offender will be permitted to reside in a single dwelling unit unless they meet the appropriate standards for siting a Group Home Type III. SUMMARY OF PROPOSED CODE AMENDMENTS For the full background on the development of the proposed Group Homes Type III regulations and specific zoning code language, please refer to the two documents entitled Staff Report to the Planning Commission dated July 2, 2014 and May 21, 2014; and the draft ordinance attached to the Council Agenda Bill. The following summarizes the proposed code amendments: 1. Designate appropriate zones for Group Homes Type III. The draft ordinance specifies that Group Homes Type III would be potentially allowed in the Community Business (BC) and the Commercial Enterprise (CE) zones. Proposed Group Homes Type III would be subject to Process IV review, which requires a public hearing before the Hearing Examiner. 2. Amend existing code language specifying that certain Group Homes Type II shall be treated as a Group Home Type III. The draft ordinance contains revised code language that is intended to ensure that any potential residents of group homes who have been convicted of violent felonies and/or sex offenses are classified as Group Homes Type III regardless of the residents' age. 3. Establish appropriate separation standards for Group Homes Type III. The draft ordinance specifies that Group Homes Type III shall be located no closer than 1,000 feet from sensitive land uses such as schools, parks, churches, and day care centers. In addition, they are to be separated by 1,000 feet from any other Group Home Type H, Group Home Type III, or Social Service Transitional Housing. Group Homes Type III shall also be located at least 300 feet from residential zones. Land Use and Transportation Committee Zoning Code Amendments for Group Homes Type III Page 3 July 22, 2014 4. Amend the current definition of Group Homes Type III and provide a cross - reference between Title 19 ( "Zoning and Development Code ") and Title 12 ( "Businesses ") related to housing for sex offenders and Group Homes Type III. The draft ordinance amends the existing definition of Group Homes Type III to make it clear that facilities for any adults under the jurisdiction of the criminal justice system are included. Amendments also provide cross - referencing to the definitions and requirements for licensing and siting of "significant impact businesses" provided in Title 12 of the FWRC. 5. Establish a requirement for noticing of proposed Group Homes Type III of 1,000 feet from the subject site. Noticing procedures and identification of properties to be notified would be the same as that specified for a Process IV Hearing Examiner decision, except that the notification area is increased from the standard 300 -foot radius to 1,000 feet. This distance is the same as the separation standard proposed for Group Homes Type III. The Planning Commission conducted a Study Session on May 21, 2014, and a Public Hearing on July 2, 2014, in consideration of the proposed code amendments. At their July 2, 2014 meeting, the Planning Commission voted unanimously to recommend approval of the proposed code amendments as represented in Exhibits A -E of the July 2, 2014, Staff Report to the Planning Commission. C. RECOMMENDED ACTION PLANNING COMMISSION RECOMMENDATION: The Planning Commission voted unanimously to recommend approval of the proposed code amendments as represented in Exhibits A -E of the July 2, 2014, Staff Report to the Planning Commission. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding the proposed ordinance to First Reading and Adoption on August 12, 2014. c: Project File Day File ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to Group Homes Type II and Type III; amending FWRC 19.05 -070, 19.105.050, 19.205.060, and 19.220.090; and adding new sections to FWRC 19.240. (Amending Ordinance Nos. 09 -610, 09 -605, 09 -593, 07- 559, 01 -385, 99 -333, 97 -291, 96 -270, and 94 -223) 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 adopt modifications to Title 19 of the FWRC which establishes appropriate siting and development regulations for Group Homes Type II and Type III within the City of Federal Way; and WHEREAS, the Planning Commission conducted a public workshop on these code amendments on May 21, 2014; and WHEREAS, an Environmental Determination of Nonsignificance (DNS) was properly issued for the Proposal on June 13, 2014, and no comments or appeals were received and the DNS was finalized on July 11, 2014; and WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on these code amendments on July 2, 2014; and forwarded a recommendation of approval to the City Council; and WHEREAS, the Land Use /Transportation Committee of the Federal Way City Council considered these code amendments on August 4, 2014, and recommended adoption of the text amendments as recommended by the Planning Commission. Ordinance No. 14- Page I of 11 Rev 1 /10 LU Attachment 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings. The City Council of the City of Federal Way makes the following findings with respect to the proposed amendments. (a) These code amendments are in the best interest of the residents of the City and will benefit the City as a whole by providing guidance on the appropriate siting locational criteria for group homes for adults who are under the jurisdiction of the criminal justice system and /or have been convicted of certain crimes, including registered sex offenders. (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. (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 Federal Way Comprehensive Plan goals and policies and Comprehensive Plan Chapter 2.9 "Essential Public Facilities ": LUP11 Support the continuation of a strong residential community. LUG3 Preserve and protect Federal Way's single-family neighborhoods. LUP14 Maintain and protect the character of existing and future single- family neighborhoods through strict enforcement of the City's land use regulations. Excerpt from Chapter 2.9, "Essential Public Facilities," of the FWCP: Ordinance No. 14- Page 2 of 11 Rev 1 /10 LU "Pursuant to the GMA, no comprehensive plan can preclude the siting of essential public facilities and each should include a process for siting essential public facilities. The GMA includes these provisions because siting certain public facilities has become difficult due to the impacts many of these facilities have on the community. Title 19 of the Federal Way Revised Code (FWRC), defines essential public facilities and provides a land use process for siting them. Essential public facilities include those facilities that are typically difficult to site, such as airports, state or regional transportation systems, correctional facilities, and mental health facilities." (b) The proposed FWRC amendment bears a substantial relationship to the public health, safety, and welfare because the text amendments establish zoning districts where Group Homes Type III may potentially locate, and also establish separation standards from sensitive land uses to help protect the general safety and welfare of Federal Way residents by limiting the potential for daily interaction with other residents who have a criminal background related to crimes of a violent and/ or sexually- motivated nature. (c) The proposed amendment is in the best interest of the public and the residents of the City of Federal Way because the zoning districts where Group Homes Type III may potentially locate are in the areas of the city that are typically least likely to have sensitive land uses or residential land uses. In addition, the provision for separation standards applied to Group Homes Type III will ensure that these facilities are not located near places where families and children are most likely to congregate. Section 3. Chapter 19.240 of the FWRC is hereby amended to add a new section 19.240.XXX to read as follows: Ordinance No. 14- Page 3 of 11 Rev 1 /10 LU 0 sue, UI yC N oC 1 � •„ a o° a •� E y C L O c =° u E u so o d d o d •- u •O o u o N W C a0i .0. o �� y vo O ,..,t:g E m K i w w td.. y3Eu'fl•��ru. •dp L e.Q C FI o e e E '° u �•o E- o R h u u U ,y d C C_ O rd L cam O C3 3 •o y R L .r r `"" 4a Fy W "•' W L •>? 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C aJ On�' p � E L O N e � C d ,� � 7 � E o.E_- i c= +y{, N ��a R E•;, a •3. = rmi .��� = „ u e R y, a) L - R° 'y E y G o p u R C ffi L •O d Rai r ,� A R 0.0 d E 9 L 3 E 'yR w Li [��] '= O L y �i ''; i �? u° w= co 'a O G p� E w„ cc i v w L Oj W 6j .c E 5 N i U;411 O L •a 7 C E R R u L w R R E y O .° y 7rraFFZ•7 o ur.a daR„••°:F Lz W W Ri o-•i R a�xxa w'a u'O� iU R.d., tw FT+F6 4 eV ar en .4 Nbr R'd L L L F sane S un��ed u paamE H- a.in;an.gS w ;o; m .o .+eg L' 3 o � gaea ap!S L d •_ F F-.' 'C a7 u a� d z ms 1011 d d a W ssaao ld WlAag A paa� 3a 3a3 3a pE� ►� in o in o a,aa� � L N � Y Y �"• L+ w �I � o R R R= °IUUUV •aL •" a O � u 0. U z r O Section 4. FWRC 19.05.070 is hereby amended to read as follows: 19.05.070 G definitions. "Gambling use' means activities regulated by the state which involve staking or risking something of value upon the outcome of a contest of chance or a future contingent event not under the person's control or influence, upon an agreement or understanding that the person or someone else will receive something of value in the event of a certain outcome. Gambling uses include those uses regulated by the Washington State Gambling Commission with the following exceptions as these uses are defined in Chapter 9.46 RCW. punch boards; pull tabs; bingo games operated by bona fide not - for -profit organizations; limited social games operated by bona fide not - for -profit organizations; commercial amusement games; raffles; fund- raising events; business promotional contests of chance; sports pools; golfing and bowling sweepstakes; dice or coin contests for music, food, or beverages; fishing derbies; bona fide business transactions; activities regulated by the State Lottery Commission. "Geologically hazardous areas" means areas which because of their susceptibility to erosion, landsliding, seismic or other geological events are not suited to siting commercial, residential or industrial development consistent with public health or safety concerns. Geologically hazardous areas include the following areas: (1) "Erosion hazard areas" are those areas having a severe to very severe erosion hazard due to natural agents such as wind, rain, splash, frost action or stream flow. (2) "Landslide ha .Zard areas" are those areas potentially subject to episodic downslope movement of a mass of soil or rock including, but not limited to, the following areas: (a) Any area with a combination of: (i) Slopes greater than 15 percent; (ii) Permeable sediment, predominately sand and gravel, overlying relatively impermeable sediment or bedrock, typically silt and clay; and (iii) Springs or groundwater seepage. (b) Any area which has shown movement during the Holocene epoch, from 10,000 years ago to the present, or which is underlain by mass wastage debris of that epoch. (c) Any area potentially unstable as a result of rapid stream incision, stream bank erosion or undercutting by wave action. (d) Any area located in a ravine or on an active alluvial fan, presently or potentially subject to inundation by debris flows or flooding. (e) Those areas identified by the United States Department of Agriculture Soil Conservation Service as having a severe limitation for building site development. (f) Those areas mapped as Class U (unstable), UOS (unstable old slides), and URS (unstable recent slides) by the Department of Ecology. (g) Slopes having gradients greater than 80 percent subject to rockfall during seismic shaking. Ordinance No. 14- Page 6 of 11 Rev 1 /10 LU (3) "Seismic ba�ard areas" are those areas subject to severe risk of earthquake damage as a result of seismically induced ground shaking, slope failure, settlement or soil liquefaction, or surface faulting. These conditions occur in areas underlain by cohesionless soils of low density usually in association with a shallow groundwater table. (4) "Steep slope ba,2,ard areas" are those areas with a slope of 40 percent or greater and with a vertical relief of 10 or more feet, a vertical rise of 10 feet or more for every 25 feet of horizontal distance. A slope is delineated by establishing its toe and top, and measured by averaging the inclination over at least 10 feet of vertical relief. "Glare" means the reflection of harsh, bright light as well as the physical effect resulting from high luminances or insufficiently shielded light sources. "GovernmentfacdliY' means a use consisting of services and facilities operated by any level of government, excluding those uses listed separately in this title. "Grading" means altering the shape of ground surfaces to a predetermined condition; this includes stripping, cutting, filling, stockpiling and shaping or any combination thereof and shall include the land in its cut or filled condition. "Grand opening" means a promotional activity used by newly established businesses to inform the public of their location and services available to the community. A "grand opening" does not mean an annual or occasional promotion of retail sales or other services, and does not include a change in ownership, remodeling, or other change incidental to the initial establishment of the business. "Gross floor area" means the total square footage of all floors, excluding parking area, in a structure as measured from either the interior surface of each exterior wall of the structure or, if the structure does not have walls, from each outer edge of the roof. Certain exterior areas may also constitute gross floor area. "Ground floor" means the floor of a structure that is closest in elevation to the finished grade along the facade of the structure that is principally oriented to the street which provides primary access to the subject property. " Groundwate?" means waters that exist beneath the surface of land or beneath the bed of any stream, lake or reservoir, or other body of surface water. "Groundwater contamination" means the presence of any substance designated by the U.S. Environmental Protection Agency (EPA), or the State of Washington Department of Ecology (DOE), as a primary or secondary water quality parameter, in excess of the maximum allowable containment level (MCL). "Group homes type II" means housing for juveniles under the jurisdiction of the criminal justice system. This definition includes housing for state - licensed group care homes or halfway homes for juveniles which provide residence in lieu of sentencing or incarceration, halfway houses providing residence to juveniles needing correction, or halfway homes for those selected to participate in state - operated work - release and pre - release programs; but excludes full-time detention facilities. 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 afford such persons equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988, 42 USC 3604(fl(3)(b). This definition shall not be applied to the extent that it would cause a residential Ordinance No. 14- Page 7 of 11 Rev I /IOLU structure occupied by persons with handicaps, as defined in the Federal Fair Housing Amendments Act of 1988, to be treated differently than a similar residential structure occupied by other related or unrelated individuals. See FWRC 19.105.050 and FWRC Title 19, Division VI, Zoning Regulations. "Group homer type IIT' means privately or publicly operated residential facilities for adults under the jurisdiction of the criminal justice system who have entered a pre -or post - charging diversion program, or been selected to participate in state - operated work /training release or other similar programs as provided in Chapters 137 -56 and 137 -57 WAC. Such groups also include individuals who have hattsing f6r adtilt9 that have been convicted of a violent crime against a person or property, have been convicted of a crime against a person with a sexual motivation, or have been convicted or ehftrged as a sexual or assaultive violent predator. This category also includes "significant impact businesses" as defined in FWRC 12.60.020.This category program, ar individuals seleeted to itate operated work/traii�g releftse and pre release excludes full-time detention facilities. "Gymnasium" means a room or building equipped for sports, which must be accessory to a school facility, health club, social service club such as the Boys and Girls Club, or similar facility. A gymnasium may also be used as an auditorium to hold concerts and other performing arts. (Ord. No. 09 -610, § 3(Exh. A), 4 -7 -09; Ord. No. 09 -605, § 3(Exh. A), 3 -3 -09; Ord. No. 09 -593, § 24,1-6-09. Code 2001 § 22 -1.7.) Section 5. FWRC 19.105.050 is hereby amended to read as follows: 19.105.050 Group homes. A group home type II proposing to serve juveniles convicted of the offenses listed under group home type III must be approved tmder proeess 1 to shall be treated as a group home type 11 __a fiat _ group home type III. (Ord. No. 09 -605, § 3(Exh. A), 3 -3 -09; Ord. No. 09-593,5 27,1 -6 -09. Code 2001 § 22 -978.) Section 6. FWWRC 19.205.060 is hereby repealed: Ordinance No. 14- Page 8 of 11 Rev 1 /10 LU 0 �1 M 0 'C N Cd i.• C> 0 0 N N U w U N O. L �7 O O� O O N N O� � a ° O q > 4 �I ti z U r C v E y c E y o C v ti ° °- � y F � E � �, v 2 = ° W L `° y 00 '0 c ° w •a d OL O C❑ Na y r u00i n N C .T. N O G� 00 C ut0 C y C . 0 O 0 5 0- o O eq > O O �y 60 N C Q 'c 0 $ 3 > C t3 m c p e�°� °' aFi V d E a pop d 5 -> C 0 0. > . O _N vi. U O ° U V N t0 N C y W ° V O W N O 'O C y ti C •p o° v p N O v e v m W A F' �> E 0. Oy o o? O eta— .1 5 0. 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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 9. 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 10. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 11. 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 1201 day of August, 2014. CITY OF FEDERAL WAY MAYOR, JIM FERRELL ATTEST: CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: INTERIM CITY ATTORNEY, AMY JO PEARSALL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 14- Page 11 of 11 Rev 1 /10 LU July 2, 2014 Department of Community & Economic Development 33325 8th Avenue South Federal Way, WA 98003 253 - 835 -2607 — Fax: 253 - 835 -2609 www.citvoffederaNvay.com MEMORANDUM To: Federal Way Planning Commission FROM: Senior Planner Janet Shull, AICP Planning Manager Isaac Conlen RE: Group Homes Type II and Type III follow up to questions raised at the May 21, 2014, Workshop Session During the workshop held on May 21, 2014, Planning Commissioners raised questions related to Group Homes Type III. This memorandum was developed in collaboration with Police Department staff to provide answers to these questions. In addition, Federal Way Police Commander Steve Arbuthnot and Detective Jeff Vanderveer will attend the upcoming hearing in case you have additional questions for Police personnel. Q1. Do we have any information about the project that was proposed a few years back for the site on Peasley Canyon Road? A. Approximately six or seven years ago, a Secure Community Transition Facility was proposed for this site and other alternate sites in King County. These state- operated facilities are considered Essential Public Facilities. Secure Community Transition Facilities house sex offenders who are not yet eligible to be released into the community as Registered Sex Offenders. This particular facility was to house six men with potential to be expanded to house up to 12. Q2. Could juvenile offenders be placed in a Group Home Type III with adults? A. Our understanding is that the Department of Corrections would not place juvenile offenders with adults. The proposed regulations are not intended to result in juveniles living with adults. The proposed regulations stipulate that a group home for juveniles that have been convicted of a violent crime or sexually - motivated crime must be sited as a Group Home Type III. Attachment 3 Planning Commission Memo Follow up to Group Homes Questions Page 2 July 2, 2014 Q3. What happens to a juvenile offender living in a group home when they turn 18? A. The Department of Corrections would not allow adults to live with juveniles, so once the juvenile turns 18, he or she would have to relocate. Q4. How do we currently notice for registered sex offenders residing in Federal Way? A. The Federal Way Police Department issues notices for Level 2 and Level 3 sex offenders to property owners within one - quarter mile of the residential address provided. There is no noticing for Level 1 offenders, although citizens may call and request information about a specific individual if they believe they may be a sex offender. In addition, there are websites where citizens may look up the location of registered sex offenders and these sites post Level 1, Level 2, and Level 3 sex offender locations. Q5. Could violent and non - violent adults be located within the same Group Home Type III? A. This is possible. The Department of Corrections approves location of offenders per their release plans. 4k CITY OF Federal Way STAFF REPORT TO THE PLANNING COMMISSION Amendments to Federal Way Revised Code (FWRC) Related to Group Homes Type III Sections 19.05. 070,19 .105.050,19.205.060,19.220.090, and New Section 19.240.XXX, "Group Homes" File No. 14-100196-00-UP Public Hearing of July 2, 2014 I. BACKGROUND The Federal Way Revised Code (FWRC) currently provides a definition of Group Homes Type III, which includes group homes that may house sex offenders. However, Group Homes Type III are not represented in any of the Use Zone Charts for any of the established zoning districts. This means that they are not permitted outright in any zoning district. Group homes qualify as an essential public facility. An essential public facility is typically a facility or conveyance that is difficult to site due to unusual site requirements and/or significant public opposition. State law requires that all jurisdictions establish comprehensive plan policies and regulations that address the siting of essential public facilities. When processed as an essential public facility, the FWRC requires that group homes be reviewed under the zoning provisions found in respective zoning districts. This is problematic; however, because the code is silent on what the underlying zoning provisions are for Group Homes Type III. The Planning Commission is being asked to review the proposed changes to FWRC Title 19 (Exhibits A -E), and forward a recommendation to the City Council's Land Use/Transportation Committee (LUTC) and City Council. This proposed code revision is listed as a "High Priority" in the Planning Commission's 2014 work program. MORATORIUM AND MODIFICATION TO TITLE 12 "BUSINESSES" In 2013, the City of Federal Way learned of multiple registered sex offenders and one violent gang member residing in a single- family home. In addition, the home did not meet minimum health and safety standards to allow for the number of residents living in the home irrespective of their registered sex offender status. The residents were removed from the home, and on September 3, 2013, the Federal Way City Council enacted a six -month moratorium on Group Homes Type III and sex offender housing so that adequate and reasonable regulations could be put in place. In concert with the moratorium on siting of sex offender housing, the Federal Way City Council also passed Ordinance 13 -746 that added a new section to FWRC Title 12 "Businesses," to define and require the licensing of "significant impact businesses" under FWRC 12.05, and to require the approval and siting of such a business as a Group Home Type III under FWRC Title 19. Per FWRC FWRC Code Amendments — Group Homes Type III July 2, 2014, Planning Commission Public Hearing File 14- 100196 -00 -UP Pagel of 7 Attachment 4 12.05.020, a "significant impact business" is a business that operates a congregate residential facility for sex offenders or violent felons, and a "congregate residential facility" is a dwelling where two or more unrelated individuals reside. The amendments to FWRC Title 12 require that anyone desiring to rent housing to more than one sex offender or violent felon must obtain a license for a significant impact business, and meet the zoning code requirements for the siting of a Group Home Type III. CHARACTERIZATION OF GROUP HOMES IN TITLE 19 The following table contains current definitions for group homes and other related uses for reference: Table 1 Existing Group Homes and Related Definitions Term Definition Group Homes Type III "Group Homes Type HT' means housing for adults that have been convicted of a FWRC 19.05.070 violent crime against a person or property, have been convicted of a crime against a person with a sexual motivation, or have been convicted or charged as a sexual or assaultive violent predator. This category includes housing for individuals under the jurisdiction of the criminal justice system, individuals who have entered a pre- or post - charging diversion program, or individuals selected to participate in state - operated work/training- release and pre - release programs or similar programs; but excludes full -time detention facilities. Group Homes Type II "Group Homes Type IP' means housing for juveniles under the jurisdiction of the FWRC 19.05.070 criminal justice system. This definition includes housing for state - licensed group care homes or halfway homes for juveniles which provide residence in lieu of sentencing or incarceration, halfway houses providing residence to juveniles needing correction, or halfway homes for those selected to participate in state - operated work - release and pre- release programs; but excludes full -time detention facilities. 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 afford such persons equal opportunity to use and enjoy an dwelling as required by the Fair Housing Amendments Act of 1988, 42 USC 3604(f)(3)(b). This definition shall not be applied to the extent it 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 than a similar residential structure occupied by other related or unrelated individuals. See FWRC 19.05.050 and FWRC Title 19, Division VI, Zoning Regulations. Congregate Residential "Congregate residential facility" means a dwelling where two or more unrelated Facility individuals reside. FWRC 12.60.020 Significant Impact "Significant impact business" means a business that operates a congregate Business residential facility for sex offenders or violent felons. FWRC 12.60.020 The FWRC does specify the zoning districts where Group Homes Type H (juvenile offenders) are currently allowed. The FWRC also lists a number of special requirements that pertain to their siting in Federal Way, most notably the requirement for minimum separation standards between Group Homes Type II and sensitive land uses such as schools, parks, churches, and day care centers. FWRC Code Amendments — Group Homes Type III File 14- 100196 -00 -UP July 2, 2014, Planning Commission Public Hearing Page 2 of 7 The following section on proposed code amendments summarizes where Group Homes Type II are currently allowed and the current separation standards, in concert with recommended code amendments to address Group Homes Type III. II. PROPOSED CODE AMENDMENTS This section provides a summary of each of the proposed code amendments. The proposed zoning code text is enclosed in Exhibits A -E. SUMMARY OF PROPOSED CODE AMENDMENTS Based on the review of existing comprehensive plan and zoning code language, state law, and other jurisdictions' treatment of sex offender and similar types of housing, this section identifies staff's recommendations for zoning code amendments. 1. Appropriate zones for Group Homes Type III. The table below summarizes the proposed allowable zones for the siting of Group Homes Type III in Federal Way. The current requirements for Group Homes Type H are included in the table along with two proposed changes for this type of group home. In all cases where group homes are permitted, they would be subject to review under Process IV, which requires public notice and a public hearing before the hearing examiner. Table 2 Group Homes Type II and III in Federal Way Zoning Districts Type SE RS RM PO BN BC CC -C CC -F OP CE Group Homes Type II (w /proposed changes) Iz} (in RM 1800 and RA4 2400 ealy) P' P' P' P' Group Homes Type III P' P' (proposed) In addition to the existing zones where Group Homes Type H are currently allowed (RM, BN, BC, and CC -F), staff is recommending that Group Homes Type II and Type III be allowed in the CE zone. The CE zone is one of the few zoning districts in the city that has land area that is greater than 1,000 feet from one or more sensitive land uses. In addition, staff is proposing that Group Homes Type II no longer be permitted in the RM 1800 and RM 2400 zoning districts as it is inequitable to treat multifamily residential zones differently than single - family residential zones. These proposed changes are depicted in Table 2 above. 2. Proposed amendments to language specifying that certain Group Homes Type II shall be treated as a Group Home Type III. ' Permitted subject to Process IV Review (Hearing Examiner) FWRC Code Amendments — Group Homes Type III File 14- 100196 -00 -UP July 2, 2014, Planning Commission Public Hearing Page 3 of 7 FWRC 19.105.050 contains existing language that specifies that Group Homes Type II for juveniles may be treated as Group Homes Type III when the juvenile residents have been convicted of the offenses listed under Type III (violent or sexually motivated offenses). Staff is proposing the following edits to this section as follows: "A group home type II proposing to serve juveniles convicted of the offenses listed under group home type III must be a ed under- precess 1 to be shall be treated as a group heme ty and net group home type III. will be determined en a ease by ease basis thfeugh the appheable review >, This proposed change is intended to ensure that any potential residents of group homes who have been convicted of violent felonies and /or sex offenses are classified as Group Homes Type III regardless of the residents' age. The last sentence is proposed to be stricken as this language already exists in the use zone charts for Group Homes Type II and would be maintained in use zone charts for Group Homes Type III (see Exhibit B for reference). 3. Appropriate separation standards for Group Homes Type M. Currently, Group Homes Type II are required to be separated from sensitive land uses such as schools, parks, churches, and day care centers by a minimum of 1,000 feet. In addition, they are to be separated by 1,000 feet from any other Group Home Type II, Group Home Type III, or Social Service Transitional Housing. Staff recommends that Group Homes Type III be subject to the same separation standards with the addition of a separation standard from residential zones of a minimum of 300 feet. 4. Clarifying the definition and providing a cross - reference between Title 19 ( "Zoning and Development Code ") and Title 12 ( "Businesses ") related to housing for sex offenders and Group Homes Type III. Staff recommends that the existing definition of Group Homes Type III be amended to read as follows to make it clear that facilities for any adults under the jurisdiction of the criminal justice system are included. Amendments also provide cross - referencing to the definitions and requirements for licensing and siting of "significant impact businesses" provided in Title 12 of the FWRC. "Group Homes Type III" means privately or publicly operated residential facilities for adults under the jurisdiction of the criminal justice system who have entered a pre- or post - charging diversion program, or been selected to participate in state - operated work/ training release or other similar programs as provided in Chapters 137 -56 and 137 -57 WAC. Such groups also include individuals who have been convicted of a violent crime against a person or property, have been convicted of a crime against a person with a sexual motivation, or have been convicted er-eharged as a sexual or assaultive violent predator. This category also includes "significant impact businesses" as defined in FWRC 12.60.020. This category er-ifflinal jus4iee system, individuals whe have entefed a pre or- post ehaf&g divefsio r similar- programs; bu excludes full -time detention facilities. 5. Add a requirement for noticing of proposed Group Homes Type III of 1,000 feet from the subject site. FWRC Code Amendments — Group Homes Type III File 14- 100196 -00 -UP July 2, 2014, Planning Commission Public Hearing Page 4 of 7 Noticing procedures and identification of properties to be notified would be the same as that specified for a Process IV Hearing Examiner decision, except that the notification area is proposed to be increased from the standard 300 -foot radius to 1,000 feet. This distance is the same as the separation standard proposed for Group Homes Type III, and is also similar to the one quarter mile radius that the Police Department utilizes for noticing of an individual Level 2 or Level 3 sex offender residence location. 111. PROCEDURAL SUMMARY 6/13/14: Public Notice of 7/2/14 Planning Commission public hearing published and posted 6/13/14:' Issuance of Determination of Nonsignificance (DNS) pursuant to the State Environmental Policy Act (SEPA) 6/27/14: End of SEPA Comment Period 7/11/14: End of SEPA Appeal Period IV. PUBLIC COMMENTS No comments were received as of the date of this report. V. REASON FOR PLANNING COMMISSION 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 proposed zoning code text regarding any proposed amendments. 2. To determine whether the proposed zoning code text amendments meet the criteria established in 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 Chapter 19.80.130 provides criteria for zoning text amendments. The following section analyzes compliance of the proposed zoning text amendments with the criteria provided by this chapter. The city may amend the text of the FWRC only if it finds that: 1. The proposed amendments are consistent with the applicable provisions of the comprehensive plan. FWRC Code Amendments — Group Homes Type III File 14- 100196 -00 -UP July 2, 2014, Planning Commission Public Hearing Page 5 of 7 The proposed FWRC text amendments are consistent with the following Federal Way Comprehensive Plan (FWCP) policies and goals: LUP11 Support the continuation of a strong residential community. LUGS Preserve and protect Federal Way's single-family neighborhoods. LUP14 Maintain and protect the character of existing and future single - family neighborhoods through strict enforcement of the City's land use regulations. The following is an excerpt from Chapter 2.9, "Essential Public Facilities," of the FWCP: "Pursuant to the GMA, no comprehensive plan can preclude the siting of essential public facilities and each should include a process for siting essential public facilities. The GMA includes these provisions because siting certain public facilities has become difficult due to the impacts many of these facilities have on the community. Title 19 of the Federal Way Revised Code (FWRC), defines essential public facilities and provides a land use process for siting them. Essential public facilities include those facilities that are typically difficult to site, such as airports, state or regional transportation systems, correctional facilities, and mental health facilities." 2. The proposed amendments bear a substantial relationship to public health, safety, or welfare. The proposed FWRC text amendments bear a substantial relationship to the public health, safety, and welfare because the text amendments establish zoning districts where Group Homes Type III may potentially locate, and also establish separation standards from sensitive land uses to help protect the general safety and welfare of Federal Way residents by limiting the potential for daily interaction with other residents who have a criminal background related to crimes of a violent and/ or sexually- motivated nature. 3. The proposed amendments are in the best interest of the residents of the city. The proposed FWRC text amendments are in the best interest of the residents of the city because the zoning districts where Group Homes Type III may potentially locate are in the areas of the city that are typically least likely to have sensitive land uses or residential land uses. In addition, the provision for separation standards applied to Group Homes Type III will ensure that these facilities are not located near places where families and children are most likely to congregate. VII. STAFF RECOMMENDATION Based on the above staff analysis and decisional criteria, staff recommends that the following amendments to FWRC Title 19, "Zoning and Development Code," be recommended for approval to the Land Use /Transportation Committee (LUTC) and City Council. 1. Modifications to FWRC 19.205.060, 19.220.090, 19.105.050, and 19.05.070, and the addition of FWRC 19.240.XXX, as identified in Exhibits A -E below. FWRC Code Amendments — Group Homes Type III File 14- 100196 -00 -UP July 2, 2014, Planning Commission Public Hearing Page 6 of 7 EXHIBITS Exhibit — FWRC 19.205.060, Modifications to Use Zone Chart: RM "Group Homes" Exhibit B — FWRC 19.220.090, Modifications to Use Zone Chart: BC "Group Homes" Exhibit C — FWRC 19.240.XXX, Proposed New Use Zone Chart: CE "Group Homes" Exhibit D — FWRC 19.105.050, Proposed modification to clarify when housing for juvenile offenders shall be considered Group Homes Type III Exhibit E — FWRC 19.05.070, Modifications to the definition of "Group Homes Type III" FWRC Code Amendments — Group Homes Type III File 14- 100196 -00 -UP July 2, 2014, Planning Commission Public Hearing Page 7 of 7 a� 0 x tZ O �, U a� 0 N as 0 0 ens v . r.y 0 0 0 0 N O� U w N .� W x s "s. s �a a� O x R. R O U a� 0 0 N a� 0 0 0 c� 0 0 0 0 N O� U w w n O O �i. 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N oj ,�•= $ u E-+ _ o' i' V 41.1 i E,Q iu�.Q �w�}}6� �Cw N ai; a E o o u'u'k �� w E_ °° m— inaa_a Lw F F z = W W fsi ai I••I A A T% °i� Si U 'O �- � w ;306CF,'O�� L� c -ei p0� L L L C sans s 3upli ed u p J!n ag N aanaanaaS c: 10;q s o aeag _ 0 'O L N E -5 a 3 d P.S o F •o E � au0.13 N � azis JO-1 r z fl v O L q O "•' F L it U U U U w Ssaaoad tA3!A3H V z � —pa —j! ag A •, www to o kn SMOiiVznOa .. a; _; N d d L r u � LLt= D 0. °IUUUU Exhibit D — FWRC 19.105.050 Proposed modification to clarify when housing for juvenile offenders shall be considered Group Homes Type III Federal Way Revised Code (FWRC) Title 19, "Zoning and Development Code" Chapter 105, "General Development Regulations" 19.105.050 Group homes. A group home type II proposing to serve juveniles convicted of the offenses listed under group home type III niust be approved tuider proeess 1 to shall be treated as a group hetne type 11 an not a group home type III. (Ord. No. 09 -605, § 3(Exh. A), 3 -3 -09; Ord. No. 09 -593, § 27,1 -6 -09. Code 2001 § 22 -978.) Exhibit E -- FWRC 19.05.070 Modifications to the Definition of "Group Homes Type III" Federal Way Revised Code (FWRC) Title 19, "Zoning and Development Code" Chapter 05, "Zoning and Development in General" 19.05.070 G definitions. "Gambling use" means activities regulated by the state which involve staking or risking something of value upon the outcome of a contest of chance or a future contingent event, not under the person's control or influence, upon an agreement or understanding that the person or someone else will receive something of value in the event of a certain outcome. Gambling uses include those 'Uses regulated by the Washington State Gambling Commission with the following exceptions as these uses are defined in Chapter 9.46 RCW: punch boards; pull tabs; bingo games operated by bona fide not - for -profit organizations; limited social games operated by bona fide not - for -profit organizations; commercial amusement games; raffles; fund- raising events; business promotional contests of chance; sports pools; golfing and bowling sweepstakes; dice or coin contests for music, food, or beverages; fishing derbies; bona fide business transactions; activities regulated by the State Lottery Commission. "Geologically hazardous areas" means areas which because of their susceptibility to erosion, landsliding, seismic or other geological events are not suited to siting commercial, residential or industrial development consistent with public health or safety concerns. Geologically hazardous areas include the following areas: (1) "Erosion hazard arras" are those areas having a severe to very severe erosion hazard due to natural agents such as wind, rain, splash, frost action or stream flow. ' (2) "Landslide ha ,-ard areas" are those areas potentially subject to episodic downslope movement of a mass of soil or rock including, but not limited to, the following areas: (a) Any area with a combination of- (i) Slopes greater than 15 percent; (ii) Permeable sediment, predominately sand and gravel, overlying relatively impermeable sediment or bedrock, typically silt and clay; and (iii) Springs or groundwater seepage. (b) Any area which has shown movement during the Holocene epoch, from 10,000 years ago to the present, or which is underlain by mass wastage debris of that epoch. (c) Any area potentially unstable as a result of rapid stream incision, stream bank erosion or undercutting by wave action. (d) Any area located in a ravine or on an active alluvial fan, presently or potentially subject to inundation by debris flows or flooding. (e) Those areas identified by the United States Department of Agriculture Soil Conservation Service as having a severe limitation for building site development. FWRC 1 19.05.070, G Defmitions Page 1 of 3 Exhibit E -- FWRC 19.05.070 Modifications to the Definition of "Group Homes Type III" (f) Those areas mapped as Class U (unstable), UOS (unstable old slides), and UP'S (unstable recent slides) by the Department of Ecology. (g) Slopes having gradients greater than 80 percent subject to rockfall during seismic shaking. (3) "Seismic hazard areas" are those areas subject to severe risk of earthquake damage as a result of seismically induced ground shaking, slope failure, settlement or soil liquefaction, or surface faulting. These conditions occur in areas underlain by cohesionless soils of low density usually in association with a shallow groundwater table. (4) "Steep slope ha .Zard areas" are those areas with a slope of 40 percent or greater and with a vertical relief of 10 or more feet, a vertical rise of 10 feet or more for every 25 feet of horizontal distance. A slope is delineated by establishing its toe and top, and measured by averaging the inclination over at least 10 feet of vertical relief. "Glare' means the reflection of harsh, bright light as well as the physical effect resulting from high luminances or insufficiently shielded light sources. "Government facility' means a use consisting of services and facilities operated by any level of government, excluding those uses listed separately in this title. "Grading" means altering the shape of ground surfaces to a predetermined condition; this includes stripping, cutting, filling, stockpiling and shaping or any combination thereof and shall include the land in its cut or filled condition. "Grand opening" means a promotional activity used by newly established businesses to inform the public of their location and services available to the community. A "grand opening" does not mean an annual or occasional promotion of retail sales or other services, and does not include a change in ownership, remodeling, or other change incidental to the initial establishment of the business. "Gross fleorare,',' means the total square footage of all floors, excluding parking area, in a structure as measured from either the interior surface of each exterior wall of the structure or, if the structure does not have walls,';from each outer edge of the roof. Certain exterior areas may also constitute gross floor area. "Ground fbm" means the floor of a structure that is closest in elevation to the finished grade along the facade of the structure that is principally oriented to the street which provides primary access to the subject property. "Groundwater'' means waters that exist beneath the surface of land or beneath the bed of any stream, lake or reservoir, or other body of surface water. "Groundwater contamination" means the presence of any substance designated by the U.S. Environmental Protection Agency (EPA), or the State of Washington Department of Ecology (DOE), as a primary or secondary water quality parameter, in excess of the maximum allowable containment level (MCL). "Group homes type II" means housing for juveniles under the jurisdiction of the criminal justice system. This definition includes housing for state - licensed group care homes or halfway homes for juveniles which provide residence in lieu of sentencing or incarceration, halfway houses providing residence to juveniles needing correction, or halfway homes for those selected to participate in state- operated work - release and pre - FWRC 19.05.070, G Definitions Page 2 of 3 Exhibit E -- FWRC 19.05.070 Modifications to the Definition of "Group Homes Type III" release programs; but excludes full-time detention facilities. 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 afford such persons equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988, 42 USC 3604(f)(3)(b). This definition shall not be applied to the extent that it 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 than a similar residential structure occupied by other related or unrelated individuals. See FWRC 19.105.050 and FWRC Title 19, Division V1, Zoning Regulations. "Group homes type HP means privately or publicly operated residential facilities for adults under the jurisdiction of the criminal justice system who have entered a pre -or post - charging diversion program, or been selected to participate in state - operated work /training release or other similar programs as provided in Chapters 137 -56 and 137 -57 WAC Such groups also include individuals who have been convicted of a violent crime againsta person or property, have been convicted of a crime against a person with a sexual motivation, or have been convicted or ehftgeel as a sexual or assaultive violent predator. This category also includes "significant impact businesses" as defined in FWRC 12.60.020.This category excludes full-time detention facilities. "Gymnasium" means a room or building equipped for sports, which must be accessory to a school facility, health club, social service club such as the Boys and Girls Club, or similar facility. A gymnasium may also be used as an auditorium to hold "concerts and other performing arts. (Ord. No. 09 -610, § 3(Exh.`A),,4 -7 -09; Ord No. 09 -605, § 30Exh. A), 3 -3 -09; Ord. No. 09 -593, § 24,1-6-09. Code 2001 § 22 -1.7.) FWRC 19.05.070, G Defuutions Page 3 of 3 41k CITY OF Federal Way Development Regulations for Group Homes Type III Planning Commission Study Session May 21, 2014 I. INTRODUCTION This staff report presents an overview of the Type III category of group homes and preliminary recommendations for amendments to the Federal Way Revised Code (FWRC) to address their siting. The FWRC currently provides a definition of Group Homes Type III, which includes group homes that may house sex offenders. However, Group Homes Type III are not permitted outright in any zoning district (which means they are not allowed in the city). Group homes qualify as an essential public facility. An essential public facility is typically a facility or conveyance that is difficult to site due to unusual site requirements and /or significant public opposition. State law requires that all jurisdictions_ establish comprehensive plan policies and regulations that address the siting of essential public facilities.'When processed as an essential public facility, the FWRC requires that group homes be reviewed under the zoning provisions found in respective zoning districts. This is problematic; however, because the code is silent on what the underlying zoning provisions are for Group Homes Type III. What is the focus of the proposed zoning code amendments for Group Homes Type III? The primary issues being considered in the proposed amendments to Federal Way development regulations include: • Determine which zoning districts are potentially appropriate for the siting of Group Homes Type III within the City of Federal Way. • Determine what appropriate standards are for permitting Group Homes Type III —in particular, what are the appropriate separation standards from sensitive land uses. ■ How best can we tie in the requirements specified in Title 12 of the FWRC. (Businesses) pertaining to "congregate residential facility" and "significant impact business" to ensure that no more than one sex offender will be permitted to reside in a single dwelling unit unless they meet the appropriate standards for siting a Group Home Type III. Attachment 5 II. BACKGROUND In 2013, the City of Federal Way learned of multiple registered sex offenders and one violent gang member residing in a single family home. In addition, the home did not meet minimum health and safety standards to allow for the number of residents living in the home irrespective of their registered sex offender status. The residents were removed from the home, and on September 3, 2013, the Federal Way City Council enacted a six -month moratorium on Group Homes Type III and sex offender housing so that adequate and reasonable regulations could be put in place. Staff was unable to complete research on the regulating of group homes for sex offenders and bring the matter to the Planning Commission within the time frame of the original six -month moratorium, so on February 18, 2014, the City Council enacted a renewal of the original moratorium to provide staff additional time to complete research on the appropriate siting of Group Homes Type III. The moratorium will expire on September 3, 2014. In concert with the moratorium on siting of sex offender housing, the Federal Way City Council also passed Ordinance 13 -746 that added a new section to FWRC Title 12 "Businesses," to define and require the licensing of "significant impact businesses" under FWRC 12.05, and to require the approval and siting of such a business as a Group Home Type III under FWRC. Title 19. Per FWRC '12.05.020, a "significant impact business" is a business that operates a congregate residential facility for sex offenders or violent felons, and a "congregate residential facility" is.a dwelling where two or more unrelated individuals reside. So, essentially, the amendments to FWRC Title 12 require that anyone desiring to rent housing to more than one sex offender or violent felon must obtain a license for a "significant impact business" and meet.the zoning code requirements for the siting of a Group Home Type III. Group Homes are considered an Essential Public Facility. Group Homes are categorized as a Class II Essential Public Facility in the FWRC. Per the current requirements related to the siting of essential public facilities, FWRC 19.105.020(1)(b) states that: Class II facilities shall be reviewed under the zoning provisions and processes found in their respective zoning districts, unless they are found to be exempt under the Federal Fair Housing Act, in which case such exemption does not imply an exemption from applicable building or structural standards. However, as noted in the introduction, per the FWRC zoning code (Title 19), Type III Group Homes are not expressly permitted in any zone. Class III Group Homes are currently defined in the FWRC. The following table contains current definitions for group homes and other related uses for reference: Table 1 Existing Group Homes and Related Definitions Term Definition Group Homes Type III "Group Homes Type III" means housing for adults that have been convicted of FWRC 19.05.070 a violent crime against a person or property, have been convicted of a crime against a person with a sexual motivation, or have been convicted or-charged as a sexual or assaultive violent predator. This category includes housing for Group Homes Type III Page.2 Planning Commission Study Session May 21, 2014 Table 1 Existing Group Homes and Related Definitions Term Definition individuals under the jurisdiction of the criminal justice system, individuals who have entered a pre- or post - charging diversion program, or individuals selected to participate in state - operated workhraining- release and pre - release programs or similar programs; but excludes full -tine detention facilities. Group Homes Type II "Group Homes Type II" means housing for juveniles under the jurisdiction of FWRC 19.05.070 the criminal justice system. This definition includes housing for state- licensed group care homes or halfway homes for juveniles which provide residence in lieu of sentencing or incarceration, halfway houses providing residence to juveniles needing correction, or halfway homes. for those selected to participate in state - operated work- release and pre - release programs; but excludes full -time detention facilities. 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 afford such persons equal opportunity to use and enjoy an dwelling as required by the Fair Housing Amendments Act of 1988,42 USC 3604(f)(3)(b). This definition shall not be applied to the extent it would cause a residential structure occupied by persons with handicaps, as defined in the FederalTair Housing Amendments Act of 1988, to be treated differently than a similar residential structure occupied by other related or unrelated individuals. See FWRC 19.05.050 and FWRC Title 19, Division VI, Zoning Regulations. .Essential Public . (b) Class II facilities are those facilities of a local nature intended.to meet the . Facility- Class II service needs of the local community. Class H facilities are typically FWRC 19.05.050 characterized by providing some type of in- patient care, assistance, or monitoring and may include, but are not limited to, the following: i. Substance abuse facilities; ii. Mental health facilities; iii. Group homes /special needs housing; iv. Local schools, including: elementary schools, middle schools, and high schools; v. Social service transitional housing, including: domestic violence shelters, homeless shelters, and work- release. Congregate Residential "Congregate residential facility" means a dwelling where two or more unrelated Facility individuals reside. FWRC 12.60.020 Significant Impact "Significant impact business" means a business that operates a congregate Business residential facility for sex offenders or violent felons. FWRC 12.60.020 The FWRC does specify the zoning districts where Group Homes Type II are currently allowed. The FWRC also lists a number of special requirements that pertain to their siting in Federal Way, most notably the requirement for minimum separation standards between Group Homes Type Il and sensitive land uses such as schools, parks, churches, and day care centers (see Attachment 2 for reference). The following section on preliminary recommendations summarizes where Group Homes Type II are currently allowed and the current separation standards, in concert with recommended code amendments to address Group Homes Type III. G•oup Homes Type 111 Page 3 Planning Commission Study Session May 21, 2014 III. PRELIMINARY RECOMMENDATIONS Based on the review of existing comprehensive plan and zoning code language, state law, and other jurisdictions' treatment of Group Homes Type III, this section identifies staff's preliminary recommendations for zoning code amendments for discussion purposes. 1. Appropriate zones for Group Homes Type III. The table below summarizes the proposed allowable zones for the siting of Group Homes Type III in Federal Way. The current requirements for Group Homes Type H are included in the table along with two proposed changes for this type of group home. In all cases, where group homes are permitted, they would be subject to review under Process 1V, which requires public notice and a public hearing before the hearing examiner. Table 2 Group Homes Type H and III in Federal Way Zoning Districts Type SE RS RM PO . BN BC CC -C. CC -F OP CE. Group Homes Type II (w /proposed changes) lr -(i- RM RAI 2e00 only) P' P1 P1 P� Group Homes Tyne III (proposed) In addition to the existing zones where -Group Homes Type R are currently allowed (BN, BC, and CC -F), staff is recommending that Group Homes Type II and Type III be allowed in the CE zone. The CE zone is one of the few zoning districts in the city.that has land.area_that is greater than 1,000 feet from one or more sensitive land uses. In addition, staff is proposing that Group Homes Type II no longer be permitted in the RM 1800 and RM 2400 zoning districts as it is inequitable to treat multifamily residential zones differently than single family residential zones. These proposed changes are depicted in Table 2 above. 2. Proposed amendments to language specifying that certain Group Homes Type H shall be . treated as a Group Home Type M. FWRC 19.105.050 contains existing language that specifies that Group Homes Type II for juveniles may be treated as Group Homes Type III when the juvenile residents have been convicted of the offenses listed under Type III. Staff is proposing the following edits to this section as follows: "A group home type II proposing to serve juveniles convicted of the offenses listed under group home type III shall be treated as a greup home type rr and not a group home type III. The maximum number- of e ,ao. * .,:,ova :., 1) heme will be determined on a ease by ease basis thy-ough the applioable fayiew pr-orsess.' This proposed change is intended to ensure that any potential residents of group homes who have been convicted of violent felonies and /or sex offenses are classified as Group Homes Type III regardless of the residents' age. The last sentence is proposed to be stricken as this language already exists in the use zone charts for Group Homes Type II and would be maintained in use zone charts for Group Homes Type III (see Attachment 2 for reference). 1 Subject to Process IV Review (Hearing Examiner) Group domes Type I If Page 4 Planning Commission Study Session May 21, 2014 3. Appropriate separation standards for Group Homes Type III. Currently, Group Homes Type II are required to be separated from sensitive land uses such as schools, parks, churches and day care centers by a minimum of 1,000 feet. In addition, they are to be separated by 1,000 feet from any other Group Home Type ll, Group Home Type Ill or Social Service Transitional Housing. Staff recommends that Group Homes Type III be subject to the same separation standards with the addition of a separation standard from residential zones of a minimum of 300 feet. 4. Clarifying the definition and providing a cross - reference between Title 19 ( "Zoning and Development Code "} and Title 12 ( "Businesses ") related to housing for sex offenders and Group Homes Type III. Staff recommends that the existing definition of Group Homes Type III be amended to read as follows to make it clear that facilities for any adults under the jurisdiction of the criminal justice system are included. Amendments also provide cross - referencing to the definitions and requirements for licensing and siting of "significant impact businesses" provided in Title 12 of the FWRC. "Group Homes Type 111'.' means privately or publicly operated residential facilities for adults under the iurisdiction of.the criminal justice system who have entered a pre- or post- charging diversion program or been selected to participate in state - operated work/training release or other similar -prop-rams as provided in Chapters 137 -56 and 137 -57 WAC. Such groups also include individuals who have housing fbF adtilts that have been convicted of a "violent crime against a person or property, have been convicted of a crime against a person with a :sexual motivation, or have been convicted or, charged as a sexual or asmultive violent predator. This category also includes 11si2nifcant impact businesses" as defined in FWRC 12.60.020. This category includes housing fef individuals under- the A-f-th-f-A Affiminal justirse system, individu.als who have entered a pre or- post eharging diversion pfegrafa, of individuals selec4ed to participate in state operated werWLaining release and pre release pf!egrams or- sifn pmt excludes full -tune detention facilities. IV. PLANNING COMMISSION DISCUSSION POINTS Staff is asking for Planning Commissioners' input on the recommendations discussed in this staff report and look forward to hearing your feedback on the issues listed below, as well as any additional issues you may have identified related to the siting of Group Homes Type III in Federal Way. With your advance input on this topic, staff will then prepare a report that provides further analysis of these issues, as well as a series of specific recommendations for your consideration and action at an upcoming meeting. 1. Appropriate zones. Staff is recommending that Group Homes Type III only be allowed in the Community Business (BC) and Commercial Enterprise (CE) zones. In addition, staff is recommending that Group Homes Type II no longer be permitted in RM 1800 and RM 2400 zones; but that they be permitted in the CE zone (as well as the currently permitted BN, BC, and CC -F zones). Discussion: Do you agree with the general siting recommendations outlined in Table 2? Group Homes Type 111 Page 5 Planning Commission Study Session May 21, 2014 2. Clarifying that certain Group Homes Type H shall be treated as a Group Home Type III. Staff is recommending that FWRC 15.105.050 be amended to ensure that Group Homes Type II shall be treated as a Group Home Type III if any residents have been convicted of the offenses listed under Group Homes Type III, regardless of the residents' age. Discussion: Do you agree with the recommendation for treating Group Homes Type II as Group Homes Type III when residents have been convicted of the offenses listed under Group Homes Type III, even if the residents are juveniles? 3. Separation standards. Staff is recommending the same separation standards for Group Homes. Type III that currently apply to Group Homes Type TI, with the addition of a separation requirement that would require a minimum separation standard of 300 feet between Group Homes Type III and existing residentially -zoned areas. Discussion: Do you agree with the general recommendations for separation standards for Group Homes Type III? 4. Proposed changes to Group Homes. Type III definition and cross- referencing with FWRC Title 112, "Businesses Staff is recommending the definition of Group Homes Type III be amended to include reference to "significant impact busi ess" to clarifythat no more than one registered sex offender may reside in a dwelling unit, unless the owner...of the dwelling unit has been issued a business license for a "significant impact business" and also meets the siting requirements and development standards for a Group Home Type III. In addition, staff is recommending that the definition of Group Homes Type III be modified to highlight that all facilities for adults under the jurisdiction of the criminal justice system, such as work/training release or similar programs, are categorized as a Group Home Type III. Discussion: Do you agree with the general recommendations for changes to the definition of Group Homes Type III "? OTHER DISCUSSION POINTS Are there other discussion topics related to group homes for sex offenders that the Planning Commission would like to raise at this time? Add your notes here: Group Homes Type III Page 6 Planning Commission Study Session May 21, 2014 V. PLANNING COMMISSION NEXT STEPS Staff will consider the input of the Planning Commission and prepare detailed proposed code amendments for your consideration at an upcoming public hearing following issuance of the SEPA notice and the associated public comment period. VI. ATTACHMENTS 1. Excerpt from FWRC Title 12 related to "significant impact business" requirements. 2: Existing FWRC Group Homes Use Zone Chart for BC zone (no changes — for reference). KA2014 Code AmendmenlslGroup Homes Type III \052114 Sludy Session Memo.4.doc Group Homes Type 1.11 Page 7 Planning Commission Study Session May 21, 2014 Attachment 1 Federal Way Revised Code Title 12, "Businesses." Chapter 12.60, "Significant Impact Business" Sections: 12.60.010 Purpose and authority. 12.60.020 Definitions. 12.60.030 Licensing. 12.60.010 Purpose and authority. The mission of the city of Federal Way is to provide its citizens with a safe and healthy environment in which to work, live and play. In furtherance of this mission, the city exercises its police and regulatory authority derived from Washington Constitution, Article XI, Section 11 and RCW 35A.82.020 to regulate businesses that have significant impacts to the community. (Ord. No. 13 -746, § 1, 9- 3 -13.) 12.60.020 Definitions. .... .................__........ ...._..........._.........._... - The definitions in this section apply throughout this chapter. "Congregate residential facility" means a dwelling where two or more unrelated individuals reside. "Significant impact business" means a business that operates a congregate residential facility for sex offenders or violent felons. (Ord. No. 13 -746, § 1, 9- 3 -13.) 12.60.030 Licensing ..... .............._.. ................_.._.._.._..... _......._........ ............._.- ....._..._..._. A significant impact business shall obtain a business registration under Chapter 12.05 FWRC and shall obtain approval as a group home Type III use under FWRC Title 19. (Ord. No. 13 -746, § 1, 9- 3 -13.) KA2014 Code Amendmenls \Croup Homes Type H! \Attachment S.doe Group Homes Type III Attachment 1 Page 1 Planning Commission Study Session May 21, 2014 N S C wiz � I U o e N L L LTi 0 a a 0 L C� O o� 0 O N �o N iN 0 N b cz .y � •S C� E G ° x� c ° W Q 0. ' > O � . � M a� yU _ y O vi � � � y O 3 T y C N 7 U o E C O C G 'L' iE 2 y p •7 7 1� >U> N 5-5 7 p, 1.. d N d a E 42 23 H v O. p N O ..' o y y F 0 y W O p > W d t6 N U N V W d o E v •C U .... c> Y " y p N .y •O y C '3 � Y� '� 'O II' y 0j CL •y � a L y TG to C 9 .— o N 'p P. 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H 'd ' GOm y' o i m a G.- c oE �o offi Ea� o LL eo.w �u aE y o G .co d 'c C W UO ma , N .0 u 0 N Ep u a P4 c a0 ^ uU o ob 0% O u O Ov 'm V C % W W d d 'u m z � mo0i ° 16 1-: w° w° w seoedS Sui ed w pannbag d � amjom3S ;o 10199 0 seal 3a v " (goeo) op!S tuoz3 vF 5 a v w J > C/) aziS IO7 0 O L H m F W SSaoOld Marnag > dodo n pannba�j SNOLLV InDMI no nC> r': y N u U w o aaa V Ui o .�C � t a .0 a.000U N 'R RO �y N N N CI C o F '^ E � a V 9 c u y a t� E < °' o U D a'E o � o � ;i O a CITY OF FEDERAL WAY PLANNING COMMISSION May 21, 2014 City Hall 7:00 p.m. Council Chambers MEETING MINUTES Commissioners present: Tom Medhurst, Hope Elder, Sarady Long, Tim O'Neil, and Wayne Carlson. Commissioners absent: Lawson Bronson and Merle Pfeifer (both excused). Staff present: Planning Manager Isaac Conlen, Senior Planner Janet Shull, Assistant City Attorney Peter Beckwith, and Administrative Assistant II Tina Piety. CALL TO ORDER Chair Medhurst called the meeting to order at 7:00 p.m. APPROVAL OF MINUTES The minutes of January 15, 2014, and March 19, 2014, were approved as presented. AUDIENCE COMMENT None ADMINISTRATIVE REPORT Planning Manager Conlen announced that the City Council approved four new departmental positions: Associate Planner, Code Compliance Officer, Development Specialist, and Plans Examiner/Inspector. The date of the next meeting was discussed. Since some Commissioners will be absent, it was decided that the next meeting will be the first Wednesday of July. COMMISSION BUSINESS STUDY SESSION — Proposed Amendments Related to Group Homes Type HI Senior Planner Janet Shull delivered the staff report. The purpose of this meeting is to introduce the topic and related issues and obtain community and Planning Commissioner input and comments. Specifically, staff is seeking input on four issues related to the proposed amendments: 1. Appropriate zones for Group Homes Type III. 2. Proposed amendments to language specifying that certain Group Homes Type II shall be treated as a Group Home Type III. 3. Appropriate separation standards for Group Homes Type III. 4. Clarifying the definition and providing a cross - reference between Title 19 ( "Zoning and Development Code ") and Title 12 ( "Businesses ") related to housing for sex offenders and Group Homes Type III. KA PlanningCommission\2014 UNeeting Summary 05- 21- 14.doc Attachment 6 Planning Commission Minutes Page 2 May 21, 2014 The City Council enacted a moratorium on siting of Group Homes Type III and sex offender housing and directed staff to begin working on recommended regulations. Group Home Type II is for juveniles and Group Home Type III is for sexually- motivated and violent adult offenders. Commissioner O'Neil asked if the city has a Group Home Type I and Group Home Type IV. Senior Planner Shull replied that we do not. Commissioner O'Neil asked if they are required to have a business license with the city. Senior Planner Shull replied that the FWRC was recently amended to add "significant impact business," which regulates Group Homes (called congregate residential facility) and requires a business license. 1. Appropriate Zones — Senior Planner Shull asked if the Commissioners agree with the general siting recommendations outlined in Table 2 in the staff memo. Commissioner Long asked if there is any Group Homes Type II currently in the RM zone. Senior Planner Shull replied the city is not aware of any. None have applied to the city. Commissioner Elder commented that she is concerned about housing sex offenders with violent offenders. Sex offenders are not necessarily violent. Commissioner Carlson agrees. Assistant City Attorney Beckwith replied that the city is not changing the risk definition and how offenders are housed is a court decision. Chair Medhurst asked how realistic it is to place them in the BC and CE zones. How high is the concentration of housing in these commercial zones? Senior Planner Shull replied that currently residences are not allowed in the CE zone and only some are allowed in the BC zone. Given the city's zoning pattern, and the proposed separation standard (1,000 feet from schools, parks, churches, etc.), it is likely that BC and CE are the only zones they could find an area to locate. The city can consider reducing the separation standard. Commissioner O'Neil asked if staff could provide him with an address that would meet the proposed regulations that he could view. Senior Planner Shull replied that they will. Commissioner Long asked if there is data available from other jurisdictions with similar business license language. Senior Shull replied there are not many. 2. Proposed amendments to language specifying that certain Group Homes Type II shall be treated as a Group Home Type III. Senior Planner Shull asked if Commissioners agree with the recommendation for treating Group Homes Type II as Group Homes Type III when residents have been convicted of the offenses listed under Group Homes Type III, even if the residents are juveniles. Chair Medhurst asked how the city would enforce it. Senior Planner Shull replied that juvenile sex offenders have to register with law enforcement. Commissioner Long is also concerned with the enforcement issue. Commissioner O'Neil expressed concern about placing juvenile offenders with adult offenders. Senior Planner Shull replied that juveniles would not be required to be placed with adults. Staff will seek input from the Police Department on this issue and will request a representative attend the public hearing. 3. Appropriate separation standards for Group Homes Type X. Senior Planner Shull asked if Commissioners agree with the proposed 1,000 -foot separation from sensitive land uses (parks, schools, churches, etc.), with an additional 300 -foot separation from residential zones. Senior Planner Shull commented that other jurisdictions have residential separation standards that range from 300 to 1,000 feet. The city is proposing 300 feet because a larger separation may not provide an adequate amount of area for these homes. Commissioners support the proposed amendment. Commissioner Long commented that Use Process IV (the process that will be used for Group Homes) requires a notice to all property within 300 feet. He does not feel this is adequate for this type of use. Commissioners Carlson and Elder agree. Senior Planner Shull replied that she will ask the Law Department if a special notice requirement can be done for Group Homes. KAPlanning Commission\2013\Meeting Summary 06- 24- 13.doc Planning Commission Minutes Page 3 May 21, 2014 4. Clarifying the definition and providing a cross - reference between Title 19 ( "Zoning and Development Code') and Title 12 ( "Businesses') related to housing for sex offenders and Group Homes Type IIL Commissioners had no comments and agree with the proposed amendment. Other Commissioner Carlson asked, once a juvenile turns 18, do they have to leave or can they stay in the home. Senior Planner Shull will research this issue. ADDITIONAL BUSINESS None ADJOURN The meeting was adjourned at 8:17 p.m. KAPlanning Commission\2013%4eeting Summary 06- 24- 13.doc CITY OF FEDERAL WAY PLANNING COMMISSION July 2, 2014 City Hall 7:00 p.m. Council Chambers MEETING MINUTES Commissioners present: Tom Medhurst, Hope Elder, Lawson Bronson Sarady Long, Wayne Carlson, and Diana Noble - Gulliford. Commissioners absent: Tim O'Neil, Nikole Coleman- Porter, and Anthony Murrietta (all excused). Staff present: Planning Manager Isaac Conlen, Principal Planner Margaret Clark Senior Planner Janet Shull, Contract Assistant City Attorney Kim Adams Pratt, and Administrative Assistant II Tina Piety. CALL TO ORDER Chair Medhurst called the meeting to order at 7:00 p.m. APPROVAL OF MINUTES The minutes of May 21, 2014, were approved as presented. AUDIENCE COMMENT None ADMINISTRATIVE REPORT Planning Manager Conlen introduced our new Commissioner Diana Noble - Gulliford and Alternate Commissioners Nikole Coleman- Porter, and Anthony Murrietta (both absent), all of whom were appointed at last night's City Council meeting. He announced that City Attorney Peter Beckwith took another job and introduced Contract City Attorney Kim Pratt- Adams, who will attend commission meeting in interim. Staff plans to hold the next meeting on the first meeting of August (August 6) on the proposed amendments regarding marijuana sales. Commissioner Elder said many of us will be at FUSION event and we will not have a quorum that evening. Planning Manager Conlen stated we need to schedule the marijuana sales public hearing soon due to moratorium (expires in early November); would August 13 work for the Commissioners? He will send out an email on this issue. COMMISSION BUSINESS BRIEFING — Federal Way Comprehensive Plan (FWRC, Comp Plan) Major Update — Chapter One Principal Planner Clark delivered the staff report. Commissioner Long recused himself because he will be working on the Comp Plan. Staff s plan is to first present chapters as briefings (one or two at a time); staff will incorporate comments after all briefings; then will bring all chapters at same time for the public hearing. Staff received a comment from A Hopkins and has given Commissioners a copy. Principal Planner Clark went over the background. The Growth Management Act (GMA) requires the city to complete a major update to the Comp Plan every eight years; the deadline for the next one is June 30, 2015. This update is to include: review; revise if necessary; legislative action; and a public participation plan. The public participation plan includes open houses (one was held March 19, 2014); a KAPIanning Commission\2014 \Meeting Summary 07- 02- 14.doc Attachment 7 Planning Commission Minutes Page 2 July 2, 2014 Comp Plan update web page; an interested parties list (citizens can opt to receive updates of notices via the Notify Me, through the web site); and surveys. Staff goals for the Comp Plan update are to: focus on the vision, goals, and policies; delete superfluous language; make it easier for citizens and decision makers to read; for readers to quickly grasp what the vision of the plan is and how it will be implemented; and make it more interesting by adding graphics. All proposed revisions will be reviewed by pertinent departments and divisions (for example, Chapter One was reviewed by the Community Services Division and some of their proposed changes were included). Chapter One proposed changes are housekeeping to improve the flow of the chapter, update references, incorporate language on active living, and delete the history of Federal Way since this information may be obtained from the Federal Way Historical Society. Chapter One does not describe Federal Way today; but are aspirational statements of what we hope the city will be in 2040. Commissioner Carlson thanked the staff for shortening the Comp Plan. He noted that some actions are stated in past tense and suggested they should not be past tense; what seems long gone may reappear or be revisited. Commissioner Noble - Gulliford agrees with Mr. Hopkins concerns, especially in regards to transportation. She asked if any roads in the city center are in the current Transportation Improvement Plan (TIP). Principal Planner Clark replied that she does not know at this time, but it will be addressed during review /discussion of the city center chapter. Commissioner Bronson commented that some of the graphics need to be larger, specifically the ones on page 3 and 11. Chair Medhurst requested that staff be sensitive while removing so much information. PUBLIC HEARING — Proposed Amendments Related to Group Homes Type III Senior Planner Shull delivered the staff presentation. In 2013, the City Council enacted a moratorium on siting of Group Homes Type III and sex offender housing and directed staff to begin working on recommended regulations. The City Council also adopted Ordinance 13 -746 that establishes a definition of "significant impact business" and requires licensing and regulation of "significant impact businesses" as a Group Home Type III. The zoning code currently has a definition of Group Homes Type II and Type III. It currently specifies where Group Homes Type II may be located, but not Type III. The code amendment under consideration this evening would establish where, and under what conditions, Group Homes Type III may be located within the city. Staff prepared a memorandum with additional information in response to Commissioners' questions at the May 21 Study Session. Senior Planner Shull reviewed the memo. In addition, she presented a map showing the proposed zones /areas Group Homes Type III could locate, and noted the area is very small. Gary Pena — He supports the proposed amendments. He lives near the house that was shut down last year. He was aware the moratorium was about to expire and wants to know what the city is doing in regards to this issue. He stated Normandy Park has no sex offenders; if Normandy Park can get away with this, why not us? Puyallup limits them to two per house. At one point there were 13 offenders in the house near him. Commissioner Noble - Gulliford asked: How will the city enforce this proposed code amendment; Does the city have to allow essential public facilities; and Do the police have a way of knowing how many residents are at the same address? Planning Manager Conlen responded that enforcement will be done by the Police Department and Code Compliance. For the most part, the city will be made aware of an issue by a neighbor's complaint. The Police Department is notified when a sex offender moves into the city. Regarding essential public facilities, the city cannot prohibit them. Senior Planner Shull introduced Lieutenant Tom Robinson from the Federal Way Police Department. He commented that according to Police records, the house in question never had 13 registered sex offenders, the maximum was seven. Police do verify the residence of registered sex offenders. It is the Department KAPlanning Commission\201MMeeting Summary 06- 24- 13.doc Planning Commission Minutes Page 3 July 2, 2014 of Corrections (DOC) that makes the decision if a house is available. Police now has a database they can manipulate and identify where sex offenders are living and if more than one resides at a particular address. Currently, the city does have some addresses with more than one sex offender, but they are disabled. Police do verify if they are actually residing at the stated address (for Level 1 offenders they check once a year or if they move; for Level 2 twice a year; and for Level 3, every quarter. The city has 165 registered sex offenders, of which most live in single- family residences. Commissioner Carlson asked if the city can determine spatially where offenders are. Do they tell Police where they are living or do they ask where they can live? Lt. Robinson responded that offenders are mandated to report to King County Sheriff. Federal Way Police are then notified by the county; but can review thru the database. Commissioner Carlson asked if the city can the tell King County Sherriff that only so many can live in a house. Lt. Robinson replied that he does not know if the city can dictate to a county agency and will have to research the issue. Commissioner Carlson asked how long does King County Sherriff take to inform city, Lt. Robinson responded that the city is informed within days, and automatically through the database system. Commissioner Bronson asked if the proposed amendments will restrict violent crime offenders as well. Planning Manager Conlen responded that the amendments also deal with violent crime offenders. Commissioner Noble - Gulliford asked how the transition will occur for any Group Homes Type II in residential zones. Senior Planner Shull replied that the city is not aware of any Group Homes Type II currently in residential zones, but if there were, they would be considered a nonconforming use. Commissioner Carlson moved (and it was seconded) that the proposed amendments related to Group Homes Type III be recommended for approval as written. There w. as no further comment and the motion carried unanimously. Chair Medhurst closed the public hearing. ADDITIONAL BUSINESS John Hicks, 31033 2661 Avenue South — Regarding Chapter One, page 1 -3, Growth Management Act (GMA) he commented that he noted the city took out information about why GMA was passed and suggests something be added about progress and what the GMA has achieved. Planning Manager Conlen responded that what is proposed is a philosophical distinction of how we want the document to look. The staff wants to slim down the document and for that reason took out much of the background and historical information that is available in past FWCPs, other documents, and the Federal Way Historical Society. Staff will consider the suggestion. John Hicks — He further stated that on page 2, staff took out the word "our" and replaced it with "the"; but that seems to exclude the community. Planners should be invested in the community. Chair Medhurst responded that is a good comment and will be considered. ADJOURN The meeting was adjourned at 8:16 p.m. KAPIanning Commission\201MMeeting Summary 06- 24- 13.doc COUNCIL MEETING DATE: August 12h'2014 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ZAYO GROUP, LLC. FRANCHISE ORDINANCE AMENDMENT ITEM #:_ POLICY QUESTION: Should the City of Federal Way amend the existing Franchise Ordinance #13 -738, with Zayo Group, LLC? COMMITTEE: FEDRAC CATEGORY: ❑ Consent ® Ordinance ❑ City Council Business ❑ Resolution STAFF REPORT BY: Thomas Fichtner, IT Manager Attachments: MEETING DATE: July 22 °d, 2014 ❑ Public Hearing ❑ Other DEPT: Information Technology Amendment 1 to Ordinance 13 -738 (to be provided at or before the meeting). Summary/Background: The City of Federal Way granted a nonexclusive franchise to Zayo Group, LLC, to occupy rights -of -way within the City in 2013. There are two reasons for this amendment: 1. The City has received a request for a franchise agreement from another telecommunications provider which wishes to utilize a portion of Zayo's facilities within the City. The current franchise with Zayo contains some conflicting language, which does not make it clear that Zayo can "lease, rent, or otherwise allow use of conduits, space or capacity" to other third -party telecommunications providers. This amendment corrects the conflicting language and allows Zayo to do so as long as the other providers have a franchise with the City. 2. The term of the Franchise will be extended to co- terminate with a conduit lease agreement that the City is proposing to enter into with Zayo. This will effectively extend the term of the franchise from 3/25/2023 to 8/31/2024. Funding: No funding requirements necessary. Options Considered: 1. Approve the Ordinance and forward to the August 12th, 2014 City Council meeting for first reading. 2. Modify the Ordinance and forward to the August 12th, 2014 City Council meeting for first reading. 3. Deny the Ordinance and provide staff with further direction. MAYOR'S RECOMMENDATION: Mayor recommends forwarding Option 1 to the August 12, 2014 Council Agenda for first reading. ,n 1-1 MAYOR APPROVAL:pIRECTOAPPROVAL: I Com i ee � Council r` Initial CHIEF OF STAFF: Gil COMMITTEE RECOMMENDATION: I move to forward the proposed Option 1 to the August 12, 2014 Council Agenda for first reading. Dini Duclos, Bob Ce s i, Martin Moore, Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: 1ST READING OF ORDINANCE (08/12/2014): `1 move to forward the Ordinance to a second reading for enactment on the September 2, 2014 Council agenda. " 2nd Reading of Ordinance (0910212014): "1 move approval of the Zayo Group, LLC Franchise Ordinance Amendment. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 4 13 APPROVED COUNCIL BILL # 11 DENIED 1sT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 08/12/2010 RESOLUTION # ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THE NONEXCLUSIVE FRANCHISE GRANTED TO ZAYO GROUP, LLC, TO OCCUPY RIGHTS -OF -WAY OF THE CITY OF FEDERAL WAY, WASHINGTON, WITHIN THE SPECIFIED FRANCHISE AREA FOR THE PURPOSES OF INSTALLING FIBER OPTIC NETWORK WITHIN AND THROUGH THE CITY OF FEDERAL WAY (Amending Ord. No. 13 -738). WHEREAS, Zayo Group, LLC ( "Zayo ") is the owner of a fiber optic network located within specific public rights -of -way throughout the City of Federal Way ( "the Franchise Area "); and WHEREAS, the City Council of Federal Way on February 19, 2013 adopted Ordinance No. 13 -738 granting Zayo a franchise for the installation of fiber optic within the Franchise Area; and WHEREAS, Zayo has negotiated a Conduit Space Lease Agreement with the City for installation of additional fiber optic cables that will directly benefit the residents of Federal Way; and WHEREAS, Zayo and the City wish to amend the franchise adopted in Ordinance No. 13- 738 to clarify Section 2 and to extend the term of the Franchise to coincide with the term of the Conduit Space Lease Agreement; WHEREAS, the City Council of Federal Way finds that it is in the public interest to amend such franchise; and WHEREAS, RCW 35A.47.040 permits the City of Federal Way to grant nonexclusive franchises for the use of public streets, bridges or other public ways for, inter alia, Ordinance No. 14- Page I of 5 conduits, wires and appurtenances for transmission of signals and other methods of communications; and WHEREAS, in granting such a nonexclusive franchise, the City of Federal Way reserves such other powers and authorities granted to Washington code cities by general law; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Amendment of Franchise Contained in Ordinance No. 13 -738 A. Section 2.1 of Ordinance No. 13 -738 is hereby amended as follows: 2.1 Grant of Franchise. The City hereby grants to Franchisee the nonexclusive right to enter upon the Franchise Area for the limited purpose of constructing, excavating, installing, maintaining, restoring, and repairing Facilities within the Franchise Area. This franchise is specifically limited to the right for Franchisee to install Facilities owned and operated by Franchisee. This franchise does not permit Franchisee to lease, rent, or otherwise allow use of conduits, space or capacity provided by the Facilities to other third -party telecommunications providers except as allowed by Section 2.2, below, and Franchisee covenants and agrees that it will not do so. B. Section 4 of Ordinance No. 13 -738 is hereby amended as follows: Section 4. Term Subject to Franchisee filing its acceptance pursuant to Subsection 2.2, the term of this Franchise shall be for- r aperiod e fte , (1 0) i the e ff etiye date of th s F..,,,,ehiso expire on August 31, 2024 C "Term "), unless terminated earlier pursuant to this Franchise or other applicable law. Ordinance No. 14- Page 2 of 5 Section 2. Remainder of Franchise Ordinance Unaffected Except as amended in Section 1 above, the remainder of Ordinance No. 99 -359 shall be unaffected, and its provisions shall remain in full force and effect. Section 3. Severabilitv If any section, sentence, clause, or phrase of this Franchise 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 Franchise. Section 4. Ratification Any act consistent with the authority and prior to the effective date of this Franchise is hereby ratified and affirmed. Section 5. Effective Date This Franchise shall take effect and be in full force thirty (30) days after its passage and publication, according to law (see Effective Date below). PASSED by the City Council of the City of Federal Way this day of 2014. CITY OF FEDERAL WAY MAYOR, JIM FERRELL ATTEST: CITY CLERK, CAROL MCNEILLY, CMC Ordinance No. 14- Page 3 of 5 APPROVED AS TO FORM: INTERIM CITY ATTORNEY, AMY JO PEARSALL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Ordinance No. 14- Page 4 of 5 ACCEPTANCE: The undersigned hereby accepts all the rights and privileges of the Franchise as amended above, and acknowledges that such rights and privileges are subject to and limited by all of the terms, conditions and obligations contained above and in Ordinance No. 13 -738. DATED this day of , 2014. By: Its: Ordinance No. 14- Page 5 of 5 COUNCIL MEETING DATE: , ITEM #: / J .............................. I-- ............... ­­ ............... . ...... ............ ....... ..._ ...................... . ............ _. _ ._. ........ . . ..................... - CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: AMENDMENT OF FWRC TITLE 13 "BUILDINGS" TO ADOPT STATE - MANDATED 2014 ELECTRICAL CODE POLICY QUESTION: Shall the City Council adopt amendments to Title 13 in order to adopt the 2014 State Electric Code, as mandated by State law. COMMITTEE: LUTC MEETING DATE: July 7, 2014 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: DEPT: ................_........ .... ..................................................... .................... .................................. _........................................ ....... -..........._......................................... ................ ........................ ......................... ...................... _...._. ......... ....................... _ .............. ...... .................. .._ .......... __ ... _ ....... ..... __ ... ......... _..--- .... .............. ... Attachments: 1. araimmm "b 414~4 n-He 13 Background: Title 13 must be amended in order to adopt the State - mandated 2014 Electrical Code, which will supersede the 2008 Electric Code. Updating FWRC Title 13 is needed in order to be consistent with updates to Washington State law governing Electricians and Electrical Installations. Options Considered: Ele +ViCA1 1. Adopt the Ordinance amending Title 13, Btt�, In order to allow enforcement and administration of the 2014. Washington electrical code, and relate sh'n on State amendments. 2. Do not adopt the Ordinance amending Title 13, in order to allow enforcement and administration of the 2014-Washington electrical code, and related Washington State amendments. ............ .................... .................................................................. ..................... .............................................. . .................... . .............. .. ..................... ................................. .... ........ ............................. ............ - .......... - ........... .................. _ ................................. _ ............... - ...... _ ............. _.. ........ ................ _ ........ ..._._...- - ._...._..._..._... MAYOR'S RECOMMENDATION: Option 1 / MAYOR APPROVAL: fir?+/) DIRECTOR APPROVAL: Committee Council I itial ate Initial/D Initial /Date CHIEF OF STAFF: 09I-AA w1A o dry- Q t of ee Council I1/Date Initial /Date COMMITTEE RECOMMENDATION: "I move to forward the proposed ordinance to First Reading at the July IS, 2014 Council meeting. " L L&Waz ` ­cTommittee Chair Con&ittee Member Committee tuber PROPOSED COUNCIL MOTION(S): 1ST READING OF ORDINANCE (DATE): "I move to forward approval of the ordinance to the August 12, 2014 Council Meeting for adoption. " 2 ND READING OF ORDINANCE (DATE): "I move approval of the proposed ordinance." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1ST reading ❑ TABLED /DEFERRED/NO ACTION Enactment reading MOVED TO SECOND READING (ordinances only) % s j� �t-� ORDINANCE it REVISED — 08/12/2010 RESOLUTION # 9-0- 1 50-1 mn ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to the adoption of the 2014 National Electrical Code and related matters; amending Title 13, "Buildings "; amending FWRC 13.11.110, Enforcement; amending FWRC 13.38.20, Electrical codes adopted; and, amending FWRC 13.38.40, Amendments. (Amending Ordinance Nos. 13- 743 WHEREAS, the revised code of Washington ( "RCW ") mandates enforcement and provides authority to the city of Federal Way Washington to adopt locally, administer, and enforce Washington state regulations regarding Electricians and Electrical Installations (Chapter 19.28 RCW); and, WHEREAS, Washington state has repealed the 2008 National Electric Code and related Washington state amendments in order to adopt the 2014 National Electric Code and necessary Washington state amendments in order to provide uniform enforcement and adoption throughout Washington, effective July 1, 2014; and, WHEREAS, the City recognizes the need to periodically modify Title 13 of the Federal Way Revised Code (FWRC), "Buildings ", in order to conform to state and federal law, codify administrative practices, clarify and update construction regulations as permitted by State Law as periodically deemed necessary; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. FWRC 13.11.110 is hereby amended to read as follows: 13.11.110 Enforcement. All violations of this title or the codes adopted under this title are found to be detrimental Ordinance No. 14- Page I of 7 Rev 1/10 to the public health, safety, and welfare, and are declared public nuisances. The building official has the authority to adopt rules and regulations to carry out the provisions of this title and has the authority to administer and enforce all rules and regulations of this title. It is unlawful to violate or fail to comply with any provision, rule or regulation of this title. M addition to any other- pena y, (2) Civil enforcement of the provisions of this Code and the terms and conditions of any permit or approval issued pursuant to this Code shall be governed by Chapter 1.15 FWRC, Civil Enforcement of Code. Civil enforcement is in addition to, and does not limit any other forms of, enforcement available to the city including, but not limited to, criminal sanctions as specified herein or in Chapters 1.10 and 1.15 FWRC, nuisance and injunction actions, or other civil or equitable actions to abate, discontinue, correct or discourage unlawful acts in violation of this Code. Section 2. FWRC 13.38.020 is hereby amended to read as follows: 13.38.020 Electrical codes adopted. (1) Adoption by reference. The following codes, as presently constituted or as may be subsequently amended, are all adopted as amended, added to, or excepted in this title, together with all amendments and additions provided in this title, and shall be applicable within the city: (a) The National Electrical Code (NEC), 2095 2014 Edition, as published by the National Fire Protection Association; (b) The laws, rules and regulations for installing electrical wiring and equipment set forth in Chapter 19.28 RCW; (c) The following chapters of the Washington Administrative Code: (i) Chapter 296 -43 WAC, Heating Installation; Ordinance No. 14- Page 2 of 7 Rev 1/10 (ii) Chapter 296 -45 WAC, Safety Standards, Electrical Workers; (iii) Chapter 296 -46(B) WAC, Electrical Safety Standards, Administration, and Installation. (2) Purpose. This title is enacted as an exercise of police power of the city for the benefit of the public at large. It is not intended to create a special relationship with any individual, or individuals, or to identify and protect any particular class of persons. The purpose of this title is to provide minimum standards to safeguard life or limb, health, property and public welfare, by regulating and controlling building construction and work related thereto. Section 3. FWRC 13.38.040 is hereby amended to read as follows: 13.38.040 Amendments. �. M. Ordinance No. 14- Page 3 of 7 Rev 1/10 Ordinance No. 14- Page 3 of 7 Rev 1/10 rNIATAMMI-IM. :: F.RM M9 10 1,tol-AWMMI. , A m�,A- A -,VruL",,,W - (4aThe following amendment to Chapter 296 -46(B) WAC, Electrical Safety Standards, Administration, and Installation adopted in FWRC 13.38.020 are hereby adopted. (2)In addition to those installations specified by Chqpter 296 -46(B) 901 (7) b, the following electrical installation, alteration, or maintenance of all electrical systems are exempt from obtaining electrical work permits: Seeti ,,, 301 , 3(b) of the Uniform -,.. A a,v ,,,stmt ve mil. Temporary decorative lighting. IN Ordinance No. 14- Page 4 of 7 Rev 1 /10 A. • - (4aThe following amendment to Chapter 296 -46(B) WAC, Electrical Safety Standards, Administration, and Installation adopted in FWRC 13.38.020 are hereby adopted. (2)In addition to those installations specified by Chqpter 296 -46(B) 901 (7) b, the following electrical installation, alteration, or maintenance of all electrical systems are exempt from obtaining electrical work permits: Seeti ,,, 301 , 3(b) of the Uniform -,.. A a,v ,,,stmt ve mil. Temporary decorative lighting. IN Ordinance No. 14- Page 4 of 7 Rev 1 /10 4-0-. 2. Temporary wiring for experimental purposes in suitable experimental laboratories. 3.The wiring for temporary theater, motion picture or television stage sets. Exemption from the permit requirements of this Code shall not be deemed to grant authorization for any work to be done in violation of the provisions of this Code or any other laws or ordinances of the jurisdiction. Section 4 . Severability. 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 Ordinance No. 14- Page S of 7 Rev 1 /10 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, or portions be declared invalid or unconstitutional. Section 5 . 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 6 . Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 7 . Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this I day of 20 CITY OF FEDERAL WAY MAYOR, JIM FERRELL ATTEST: CITY CLERK, CAROL MCNEILLY, CMC Ordinance No. 14- Page 6 of 7 Rev 1 /10 APPROVED AS TO FORM: INTERIM CITY ATTORNEY, AMY JO PEARSALL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 14- Page 7 of 7 Rev 1/10