Council PKT 03-01-2016 RegularThe Council may add items and take action on items not listed on the agenda.
CITY COUNCIL
REGULAR MEETING AGENDA
Council Chambers - City Hall
March 1, 2016 – 7:00 p.m.
www.cityoffederalway.com
1. CALL MEETING TO ORDER
2. PLEDGE OF ALLEGIANCE
3. PRESENTATIONS
a. Certificates of Appointment - North Lake Management District Committee
b. Mayor’s Emerging Issues and Report
Performing Arts & Event Center Update
Performing Arts & Events Center Director Theresa Yvonne
Public Works Development Services Manager/Project Manager EJ Walsh
City Council Annual Retreat Report – Deputy Mayor Burbidge
Tacoma Methanol Plant Update
Sound Transit ST2 Update
Camp Kilworth Update – Chief of Staff Brian Wilson
Neighborhood Connection Meeting – Saghalie Middle School – April 13th at 6:30 p.m.
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: February 11, 2016 Special Meeting; February 16, 2016 Regular Meeting pg 3
b. Monthly Financial Report – December 2015 … page 19
c. Vouchers – December 2015 … page 35
d. Resolution: Adopt the Amended ICMA Retirement Corporation 401 Government
Money Purchase Plan and Trust … page 94
e. AMANDA Systems Upgrade Contract Amendment … page 169
6. ORDINANCES
First Reading
a. Council Bill #704/City of Tacoma Department of Public Utilities, Light Division
Franchise Extension ...page 188
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,WASHINGTON,
EXTENDING THE TERM OF THE FRANCHISE AGREEMENT ESTABLISHED IN ORDINANCE
06-517 AND GRANTING THE CITY OF TACOMA DEPARTMENT OF PUBLIC UTILITIES,LIGHT
DIVISION A NONEXCLUSIVE FRANCHISE TO OCCUPY RIGHTS-OF-WAY OF THE CITY OF
FEDERAL WAY,WASHINGTON,THROUGH THE FRANCHISE AREA WITHIN THE SPECIFIED
FRANCHISE AREA FOR PURPOSES OF CONSTRUCTING,MAINTAINING,REPAIRING,AND
OPERATING AN ELECTRICAL LIGHT AND POWER SYSTEM WITHIN AND THROUGH THE
CITY OF FEDERAL WAY. (AMENDING ORDINANCE NO.06-517).
b. Council Bill#705/New Cinqular Wireless Franchise ...page 218
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,WASHINGTON,
GRANTING NEW CINGULAR WIRELESS PCS, LLC, A DELAWARE LIMITED LIABILITY
COMPANY,A NONEXCLUSIVE FRANCHISE TO OCCUPY RIGHTS-OF-WAY OF THE CITY OF
FEDERAL WAY, WASHINGTON, WITHIN THE SPECIFIED FRANCHISE AREA FOR THE
PURPOSES OF INSTALLATION, OPERATION, MAINTENANCE AND REPAIR OF ITS
WIRELESS COMMUNICATIONS FIXTURES AND RELATED EQUIPMENT, CABLES,
ACCESSORIES AND IMPROVEMENTS IN A PORTION OF THE RIGHTS-OF-WAY WITHIN AND
THROUGH THE CITY OF FEDERAL WAY. (REPEALING ORDINANCE NO. 15-800)
Second Reading/Enactment
c. Council Bill#702/Lakehaven Utility District Franchise Agreement ...page 260
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,WASHINGTON,
GRANTING LAKEHAVEN UTILITY DISTRICT, A MUNICIPAL CORPORATION, A
NONEXCLUSIVE FRANCHISE TO OCCUPY THE RIGHTS-OF-WAY OF THE CITY OF FEDERAL
WAY, WASHINGTON, THROUGH THE FRANCHISE AREA FOR THE PURPOSES OF
CONSTRUCTING,MAINTAINING,REPAIRING,RENEWING,AND OPERATING A WATER AND
SEWER SYSTEM WITHIN AND THROUGH THE CITY OF FEDERAL WAY AND ADDRESSING
HYDRANT COSTS WITHIN CITY BOUNDARIES
d. Council Bill #703/21st Ave S (S 316th to S 320th St) Pedestrian Improvements—
Condemnation Ordinance ...page 324
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,WASHINGTON,
PROVIDING FOR THE ACQUISITION OF CERTAIN PROPERTY FOR THE PURPOSE OF
CONSTRUCTING RIGHT-OF-WAY IMPROVEMENTS IN THE VICINITY OF 21 STAVE SOUTH(S
316TH ST TO S 320TH ST), KNOWN AS THE 21ST AVE S (S 316TH ST TO S 320TH ST)
PEDESTRIAN IMPROVEMENTS PROJECT;DESCRIBING THE PUBLIC USE AND NECESSITY
OF SUCH PROPERTY; DIRECTING STAFF TO EXHAUST REASONABLE NEGOTIATION
EFFORTS TO PURCHASE SUCH PROPERTY; PROVIDING FOR THE CONDEMNATION OF
THE PROPERTY; AND DIRECTING THE CITY ATTORNEY TO INITIATE ALL NECESSARY
ACTIONS AND PROCEEDINGS IN THE MANNER PROVIDED BY LAW FOR SAID
CONDEMNATION IF ATTEMPTS TO PURCHASE ARE NOT SUCCESSFUL.
7. COUNCIL REPORTS
8. ADJOURNMENT
The Council may add items and take action on items not listed on the agenda.
COUNCIL MEETING DATE: March 1, 2016
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #: 5a
SUBJECT: CITY COUNCIL MEETING MINUTES
POLICY QUESTION: Should the City Council approve the draft minutes of the February 11, 2016 Special City
Council Meeting and the February 16, 2016 Regular City Council Meeting Minutes?
COMMITTEE: N/A
MEETING DATE: N/A
CATEGORY:
® Consent
❑ City Council Business
(l Ordinance
n Resolution
❑ Public Hearing
❑ Other
STAFF REPORT BY: Stephanie Courtney, City Clerk
Attachments:
Draft minutes from the February 11, 2016 Special City Council Meeting
Draft Minutes from the February 16, 2016 Regular City Council Meeting
Options Considered:
1. Approve the minutes as presented.
2. Amend the minutes as necessary.
MAYOR'S RECOMMENDATION: N/A
DEPT: Mayor's Office
MAYOR APPROVAL:
CHIEF OF STAFF:
N/A
Committee
N/A
Committee
N/A CITY CLERK APPROVAL:
Council
N/A
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
❑ DENIED
❑ TABLED/DEFERRED/NO ACTION
❑ MOVED TO SECOND READING (ordinances only)
REVISED— 10/01/2014
COUNCIL BILL #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
CITY COUNCIL
SPECIAL MEETING AGENDA
Council Chambers - City Hall
February 11, 2016 — 6:00 p.m.
1. CALL MEETING TO ORDER
CRAFT
Mayor Ferrell called the Special Meeting to order at 6:02 p.m.
City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Jeanne Burbidge, Councilmember Lydia
Assefa- Dawson, Councilmember Kelly Maloney, Councilmember Susan Honda, Councilmember Mark
Koppang, Councilmember Martin Moore, and Councilmember Dini Duclos.
City staff in attendance: Chief of Staff Brian Wilson, City Attorney Amy Jo Pearsall, and City Clerk
Stephanie Courtney.
2. PLEDGE OF ALLEGIANCE
Norma Blanchard led the flag salute.
3. PRESENTATIONS
Mayor Ferrell welcomed and thanked everyone who are present tonight and those that have reached
out via phone and email, for getting involved in the environmental review process for the proposed
Methanol plant on the Tacoma Tide Flats, just 2.5 miles from Federal Way. He noted the purpose of
tonight's meeting is to gather information and citizen input as the basis for the city's position on the
proposed plant, and to engage in the environmental review and permitting process in a substantive
manner.
The Mayor noted the presentations tonight are not all inclusive of all the potential impacts or list of
options to be considered. Staff has been working to review and research the information available and
work with other agencies and organizations involved in this process.
Due to amount of citizen comment forms already turned in for this evening, and in effort to hear all
those who wish to speak, he asked Council if they would like to amend Council Rules for this meeting.
COUNCILMEMBER MALONEY MOVED TO SUSPEND CITY COUNCIL RULE 5.1 WHICH
NORMALLY ALLOWS A THREE MINUTE LIMIT FOR PUBLIC COMMENT DUE TO THE NUMBER
OF PEOPLE HEAR TONIGHT CHANGING THE 3 MINUTE LIMIT TO A 2 MINUTE LIMIT SO THAT
Federal Way City Council Special Minutes Page 1 of 7
February 11, 2016
EVERYONE WILL HAVE A CHANCE TO BE HEARD; COUNCILMEMBER MOORE SECOND. The
motion passed unanimously as follows:
Deputy Mayor Burbidge yes Councilmember Koppang yes
Councilmember Assefa- Dawson yes Councilmember Moore yes
Councilmember Maloney yes Councilmember Duclos yes
Councilmember Honda yes
Mayor Ferrell reminded those in attendance this meeting was being televised and will be available
on the website and YouTube channel.
a. Potential Safety and Resource Concerns Regarding Proposed Methanol
Plant within the City of Tacoma
Community Development Director Michael Morales gave a brief background, process and the city's
role to date regarding the proposed Methanol plant in the Port of Tacoma. The property is 125 acre
site located 2.5 miles from the city border. Scoping of the EIS has been partially completed, and
Public Meetings have been taking place in Tacoma of which many residents and Councilmembers
have attended and given testimony. The comment period will close March 4th •
City of Federal Way wants the Port and City of Tacoma to recognize our city is located within the
impact area. The city is concerned with the lack of outreach from Tacoma on this large project. Points
to consider in the EIS Scope and Report include:
• Past Industrial Impacts and Mitigation Efforts
• International Safety Records of the Company (and its Principals)
• Heath Risks
• Risk for Disaster during Construction and Operation
• Disaster Planning and Posting of Surety Bonds
• Pipeline Safety
• Tourism Impacts to the Region
• Natural Resources during Construction and Operation (plumes, water temperatures, dredging
impacts, shellfish, salmon and other marine life, odor, water supply — drought and senior water
rights /capacity)
• Cost Benefit Analysis during Construction and Operation
• Traffic Impacts during construction (vehicles, school zones, access to the site)
• Examination of Other Alternatives (methods, geography)
• Economic Stability
• Environmental Justice
Mr. Morales also reported a similar project proposed for the City of Kalama which began its scoping in
2014 and to his knowledge the EIS has not been released. He would like to see that project
information be released so that we can review it as it relates to the project in Tacoma. Overall,
Federal Way has many concerns with this proposed project locating at the city's backdoor, and he
feels the process, information and notification to date, has been inadequate.
Mayor Ferrell thanked Mr. Morales for the information and his presentation.
b. Pending Legislation
Mayor Ferrell introduced Mr. M.J. Durkin, a lobbyist for the city. Mr. Durkin updated everyone on
Legislation efforts which have been drafted. He specifically mentioned House Bill #2980 which would
prohibit the siting of certain new facilities that would jeopardize air quality in areas that have recently
Federal Way City Council Special Minutes Page 2 of 7
February 11, 2016
failed to meet air quality standards; and Senate Bill #6650 which would eliminate the manufacturing
machinery and equipment exemption for methanol manufactured in part from liquid natural gas or
compressed natural gas. He noted this is a hot topic and there may be movement on either of these in
the coming days.
c. Council Options
City Attorney Amy Jo Pearsall referred to the draft Resolution which the Council has before them.
She noted this Resolution is to is to state the city's position and provide comments on Tacoma's
scoping process. She read directly from the Resolution which outlines the Tacoma project located
on 125 acres; and she noted this is not in response to any pending legislation.
Section 2 of the Resolution lists issues the City would like included into the EIS Scope of Work by
the City of Tacoma. These issues include:
• Consideration of off-site impacts that extend into the City of Federal Way;
• Environmental impacts, safety records and mitigation measures for other methanol facilities,
on an international basis for the methanol industry and the principals involved with the
Tacoma project;
• Public health risks of exposure to methanol pollutants, including air quality, water quality and
usage, soil leeching, and industrial accidents;
• Workplace safety risks for employees of the methanol plant and neighboring industrial users
of the Port of Tacoma;
• Risk analysis for industrial accidents and impact of man -made or natural disasters, both
during construction and operation;
• Pipeline safety, during construction and operation;
• Short and long term impacts on natural resources during construction and operation;
• Cost - benefit analysis during construction and operation; and
• Environmental justice issues related to economically distressed communities, minority
communities, and efforts to address language and cultural barriers to the participation of these
communities in the process.
Ms. Pearsall also noted this list is not all inclusive, rather a beginning point from which to expand
from as the project is fully examined.
4. PUBLIC COMMENT
Beth Ann Wheeler -Ruich spoke in opposition to the Methanol Plant; she feels the whole
process seems ominous with all the impacts to our society.
Lou Paulsen, Federal Way resident, noted he negotiated this project process and feels the
process should continue. He encouraged anyone to attend the next briefing on the project and
noted he is available to discuss and answer any questions with the Council.
Mark Spaur stated the project is in the early stages and feels this project is creating jobs in
Federal Way. He believes this is a green project and use Tess energy and be done safely and
with low emissions.
Jim Stiles, longtime resident of Federal Way, noted this is not a paper mill or a smelter. He
encouraged transparency and would like to get more information.
Lawson E. Bronson, longtime resident of Federal Way, feels the Port has a fiduciary
responsibility to see this property used. He feels the City of Tacoma should continue with its
Federal Way City Council Special Minutes Page 3 of 7
February 11, 2016
process.
Sally Radford, resident of Tacoma, stated she is extremely concerned about this project and
the lack of information to the citizens. She does not want to see the city become a wasteland,
and encouraged Federal Way to reach out to other neighboring cities.
Janna Stewart stated she attended the recent public meeting held in Tacoma. She agrees
with real estate professionals who estimate an 11% reduction in property values. She
appreciates Federal Way looking at the process.
Doug Craig questioned what harmful products will be released into the air and what types of
by- products will need to be disposed of from the proposed plant.
Donna Waterss feels the Port Commissioners made reckless decisions regarding this project.
The lands and air belong to the people; she is against the project and feels the environment
should be protected.
Graham Evans questioned the decision to build the world's largest methanol plant in an
earthquake zone and lava flow. He doesn't feel this is a strategic fit. He also questioned the
water consumption for the plant and for the Tacoma Public Water customers.
Michael LeFounier, Tacoma resident, thanked Councilmember Maloney and Councilmember
Honda for their presence at the Tacoma meeting last night. He read from a 2009 report that
predicted the water demand will increase over 20 years. If built, the day it is turned on, that
plant will utilize that increase in water. He is against giving away our region's most precious
resource.
Charles Creso feels neighbors were not given notice of this project, and the Port
Commissioners did not act with due diligence. He is strongly against this project.
Dana Morrison, citizen of Tacoma for 26 years and recently moved to Federal Way, feels
there have been many highly informed citizens and educated speakers speaking against this
project; and she does not believe it is all "emotion ". She is against the project and urges more
transparency from the Port and the City of Tacoma; she thanked Mr. Morales for his earlier
presentation.
Carole Sue Braaten, Fife resident, researched the project and has found there is a large gap
in our SEPA laws. She feels this project is so large it can hurt a lot of people.
Roxy Murray recently purchased a house in the area, and is upset about the potential pollution
impacts on families. She encouraged everyone to attend the Hearing on February 16th and
give testimony; she thanked Director Morales for this thorough report.
Yvonne McCarty lives a couple hundred feet above the site and she and her family are
longtime residents of the area. She feels betrayed by those making the decision and is
strongly opposed to the project. She thanked the Mayor and Council for their support tonight
and invited everyone to come and speak at the next open house for the project at her
daughter's school, Meeker Middle School in Tacoma, on February 16th
Leah Boehm Brady, opposed to the project, thanked the Council for their quick action and
what they have accomplished in a week. She urged Council to pass the proposed Resolution.
Federal Way City Council Special Minutes Page 4 of 7
February 11, 2016
Mark Brady, opposed to the project, found out about the meeting in Tacoma and couldn't get
into the room or the overflow room. He thanked Councilmembers Honda and Maloney for
speaking against the project, and for the Mayor for leading this opposition.
Earnest Thompson spoke in opposition to the project and noted this is blatantly against the
working class. He referred to comments made by a Biochemical Engineer discussing the
impacts if there were an explosion at this type of plant. He feels the people should fight the
proposal until it is dead.
Margarita Andreeva, resident of downtown Tacoma, is opposed to the project. She worked all
her fife to buy a house which is now located close to this proposed plant. She listed recent
accidents and incidents from these types of manufacturing plants across the world.
Diana Noble - Gulliford feels this project is a huge issue and she is focused on the lack of
safety. She read from Safety Committee minutes from May 2014 and other newspaper articles
and reports. She appreciates clean air and wants to be on record as against this project.
Adam Martin stated the pure number of individuals speaking out on this project tonight and in
Tacoma demonstrates a wide spread concern with the project. He feels the Port of Tacoma
has a different perspective of transparency.
Barbara Nelson spoke in opposition to the project. She has lived in Federal Way for 33 years
and loves the Puget Sound and Pacific Northwest. She is against the idea of polluting our
environment to produce more plastics for China.
Julia Galleher distributed a map and noted she is a longtime Real Estate Broker. She is
concerned with property values in the area and the "blast zone ". She also spoke against
China's human rights violations; she is highly opposed to the project.
Jason Holland thanked the Councilmembers for speaking at the recent Tacoma meeting. He
enjoys living and working in Tacoma and is concerned with the impacts of this plant and the
implications if there were an earthquake.
Nichole Booker, resident of Tacoma, near the Federal Way border. She is opposed to the
project and is concerned. She urged everyone in the surrounding areas to also voice concern.
Bill Fuller is longtime resident and Fire Commissioner for South King Fire and Rescue
(SKFR). He is concerned with the project safety. As the largest proposed methanol plant in
the world SKFR will continue to monitor the progress of this project and the EIS.
Letter read into the record from Shannan St. Clair who is strongly opposed to this project. She
would like to see the environmental and health issues that would come with this plant
addressed and is concerned over decrease in property values.
Letter read into the record from Eric Arndt, is strongly opposed to the project. He feels millions
of dollars has been spent to clean up the Port; and is concerned over using limited natural
resources. He urged the government leaders to do what is right for the people.
Representative Linda Kochmar and Representative Teri Hickel spoke briefly and thanked everyone
for attending this meeting. They are also concerned with this project and are working on legislation in
Olympia. They thanked the Mayor and Council for holding this Public Hearing and giving the citizens a
voice.
Federal Way City Council Special Minutes Page 5 of 7
February 11, 2016
5. COUNCIL DISCUSSION /POTENTIAL ACTION
COUNCILMEMBER DUCLOS MOVED TO APPROVE THE RESOLUTION AS PRESENTED;
COUNCILMEMBER MALONEY SECOND.
Councilmember Duclos thanked everyone for attending this meeting and noted we have pristine
waters in this region. She also noted it reminds her of Asarco and the fact that boundaries are only on
a map, gas doesn't care about boundaries. She supports the Resolution.
Councilmember Maloney appreciates everyone coming tonight and is overwhelmed with the emotion
of the comments tonight. She thanked both Representative Kochmar and Representative Rickel for
their work on the bills. She thanked Federal Way residents for bringing this into sharp focus;
specifically Leah Boehm Brady, Mark Brady and Diana Noble- Gulliford. She is opposed to this project
and will be supporting this Resolution.
Councilmember Honda thanked everyone for coming; she attended the meeting last night in Tacoma
and noted the next open house is scheduled the same night as the next City Council meeting. She
feels this process needs more transparency from the Port and more information given to citizens and
neighboring cities. She is supportive of the Resolution.
CouncilmemberAssfa - Dawson thanked everyone for attending the meeting with an incredible turnout.
She thanked the staff and citizens for the information and data presented and for empowering Council
to make decisions on their behalf. She believes they should have a united front, and supports the
Resolution.
Councilmember Moore stated the citizens of Federal Way are being heard loud and clear. He agrees
there is not enough information on this project and feels this will damage quality of life and impact
families and kids for generations. Tacoma has done a lot to restore the area and he questions the
responsibility of a cleanup if needed. He thanked Councilmembers Maloney and Honda for speaking
up and the city staff for putting the information and this meeting together. He supports the Resolution.
Councilmember Koppang, feels public safety is a key issue with this project, and to make decisions to
regarding public safety should not be done lightly. He thanked everyone for the information tonight,
and we will continue to learn more about this project. He feels it is very important to realize this is not
the only business that can come to the Port of Tacoma, there might be future opportunities to support
at this location rather than this project.
Deputy Mayor Burbidge thanked each person for being here and the testimony given. She
commended citizens for their research and sharing their concerns over what is proposed in our
neighborhoods, as this is not a distant project. She stated she raised her children and lived here for
over 45 years and takes the responsibility to maintain and improve the quality of life in Federal Way
very seriously.
Main Motion passed unanimously as follows:
Deputy Mayor Burbidge yes Councilmember Koppang yes
Councilmember Assefa- Dawson yes Councilmember Moore yes
Councilmember Maloney yes Councilmember Duclos yes
Councilmember Honda yes
Federal Way City Council Special Minutes Page 6 of 7
February 11, 2016
6. ADJOURNMENT
There being nothing further to come before the Federal Way City Council, Mayor Ferrell adjourned
the Special Meeting at 8:05 p.m.
Attest:
Stephanie D. Courtney, CMC
City Clerk
Approved by Council:
Federal Way City Council Special Minutes Page 7 of 7
February 11, 2016
CITY COUNCIL
REGULAR MEETING AGENDA
Council Chambers - City Hall
February 16, 2016 -- 7:00 p.m.
1. CALL MEETING TO ORDER
DRAFT
Mayor Ferrell called the Regular Meeting to order at 7:02 p.m.
City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Jeanne Burbidge, Councilmember Lydia
Assefa- Dawson, Councilmember Kelly Maloney, Councilmember Susan Honda, Councilmember Mark
Koppang, Councilmember Martin Moore, and Councilmember Dini Duclos.
City staff in attendance: Chief of Staff Brian Wilson, City Attorney Amy Jo Pearsall, and City Clerk
Stephanie Courtney.
2. PLEDGE OF ALLEGIANCE
Boy Scout Troop #361 presented the colors. Lakehaven Utility District Commissioner Len Englund
led the flag salute.
3. PRESENTATIONS
a. Certificates of Appointment — Independent Salary Commission
Deputy Mayor Burbidge reported at the February 2nd meeting the Council confirmed the Mayor's
reappointments of James Englund and Michael Christner as voting members of the Independent
Salary Commission. Mr. Englund and Mr. Christner were unable to attend tonight's meetings; the
certificates will be mailed.
b. One Night Count of the Homeless Report
Community Development Director Michael Morales noted the count is limited to unsheltered
individuals on the one night, and does not account for those in shelters. He reported the following
counts:
• Federal Way 263
• South King County 750
• East County 245
• North County 135
• Seattle 2942
• King County 4505
He noted in comparison over the last years there was a significant jump; larger than any other King
County city. He clarified there were no changes in methodology or location of the counts, the same 10
Federal Way City Council Regular Minutes Page 1 of 8
February 16, 2016
areas were counted as in previous years. Federal Way showed a 150% increase in the count; King
County has an increase of 19 %. Councilmember Duclos asked for the counts of other neighboring
cities and their percentages.
c. Mayor's Emerging Issues and Report
Mayor Ferrell reported on the City Council Special Meeting held on February 11, 2016 where the
proposed Methanol Plant in Tacoma was discussed. He was pleased to report the Council
unanimously approved a Resolution opposing the siting of the world's largest methanol plant just two
miles from our border. The Resolution has been transmitted to Tacoma for the official record, and he
along with staff will continue to monitor the project. He further noted the next Open House Tacoma is
hosting has been rescheduled to February 24th
Mayor Ferrell was pleased to announce the sale of the Weyerhaeuser property to IRG from California
in a $70 million dollar transaction. The large corporation owns over 100 million square feet of property
in multiple states and is currently working on the redevelopment of very high profile properties. This is
a positive step for Federal Way, and he will keep everyone informed as the process progresses.
Mayor Ferrell introduced Rusty George, principle of Rusty George Creative who was selected for the
rebranding efforts for the city. Mr. George thanked the Mayor for the introduction and reported his firm
will be working on discovering what is the core essence of Federal Way; what specifically makes
people want to live, work and play here. He noted they are currently working on a survey developed
for multiple markets to gain feedback from citizens, business owners, community leaders and various
other groups.
Councilmembers asked a variety of clarifying questions regarding the process. Mr. George responded
there would be multiple surveys going out at the same time and he would be happy to meet with
Councilmembers individually for more direct input. He will work with staff to identify additional groups
within the community, and clarified this process will include more than just a new tag line or logo. Mr.
George noted the surveys are just the first step in the process, after the results are gathered; they will
decide if additional studies or focus groups are needed.
Mayor Ferrell reported on his recent State of the City Address held at the Twin Lakes Golf and
Country Club just weeks ago. He spoke of the exciting initiatives and projects, including the grand Re-
Opening of Town Square Park scheduled for July 9th. The park is coming along wonderfully and
recently welcomed over 100 new tree plantings. Looking towards the summer of 2017, will be the
opening of the Performing Arts and Event Center (PAEC). He also highlighted some of the new
businesses coming to Federal Way and the recent Request for Proposal (RFP) for the Hotel Site
adjacent to the PAEC. The city is in an exciting time and watching the downtown transform.
Mayor Ferrell reminded everyone of the City Council Annual Retreat which will be at Dumas Bay
Centre on Saturday, February 20th. Doors open at 8:30 a.m.; meeting starts at 9am. He also reported
on the recent Sound Cities Board of Directors Meeting with Gov. Inslee, where he took the opportunity
to discuss the One Night Homeless Count and the proposed Day Center for Federal Way.
4. CITIZEN COMMENT
David Lee ,would like to have the support of the council to encourage to keep Camp Kilworth open.
Mary Ehlis spoke in support of Camp Kilworth and Cub and Boy Scouts who are faced with again
closing the facility. Local Scout leaders have come up with a plan to manage it through a non - profit.
They want to continue its use and expand to the Girl Scouts and other programs.
Federal Way City Council Regular Minutes Page 2 of 8
February 16, 2016
Dayton Drazkowski spoke in support of Camp Kilworth, his first Scout Camp experience. He feels the
camp is a wonderful place with fire pits and amazing forest with birds and green life.
Jackson Jacoy Troop #398 spoke in support of Camp Kilworth. It's a very important camp and for
scouting in general. He would like the camp to remain open.
Warren Nedved, 20 plus years in the scouts and distributed a DVD to Councilmembers to share a bit
of history and what Camp Kilworth was originally. He would like the camp to remain open.
Bryan Tabrum, spoke to the history of Camp Kilworth and the camp that has been in operation for 82
years when William Kilworth purchased the property for the Boy Scouts. He noted the Scout Leaders
are working to form a 501(c)(3) organization to alleviate the financial burden from Pacific Council, the
non - profit can take on the fundraising and operation of the camp. He asked for help to have more
time to work towards a solution.
Lucia Faithful!, lives a few doors away from Camp Kilworth and a long -time supporter of the camp.
The 25 acre property is environmentally sensitive and if this land is developed it will impact the
already stressed Puget Sound area.
Eryn Asbra, spoke regarding the multiple Girl Scout Day Camps held at Camp Kilworth. She is proud
of scouting camps that teach and encourage girl leadership progression and participate in activities.
She asked the Council to help keep the camp open.
Christopher Moody is disappointed the Pacific Harbor Council is closing the camp. The scouting
camps have taught him many things including basic survival skills; how to make friends, and made
him feel closer to his community.
Carson Redifer, Troop #398 spoke on behalf of Camp Kilworth. He had a lot of fun with his dad and
made great memories, and has been working really hard on making it to a boy scout. He doesn't want
to see the camp shut down. Scouting teaches young people how to become a better citizen.
Bob Woolley, long -time Federal Way resident spoke to Council over concerns with the state of Lake
Jeane in Twin Lakes. He is speaking on behalf of the other lake residents who would like the lake to
be treated and will have a request to have a lake management district created. He asked the Council
to take issue with this lake owned by the Golf Course, as it is a public health matter of toxic algae.
Daniel McClurg, Troop #398, asks the Council to help keep Camp Kilworth open as it is an important
asset to the community.
Elijah Biyeu, a young scout who enjoys having twilight camp at Camp Kilworth. He also enjoys
shooting BB Guns, archery, and the views of the bay and mountains.
Rick Nichelson has talked to the homeless in the woods and they agree to pick up trash in the woods;
and they are requesting garbage cans at the entrance to their camps.
Lynn Harper, has been homeless for 90 days, currently living in her car. She was distressed when a
Police Officer notified her she was trespassing on private property. She is unable to afford her
previous apartment due to increasing rent rates.
Michael Gylia, currently homeless would like a date and time to come back to discuss the homeless
issues.
Federal Way City Council Regular Minutes Page 3 of 8
February 16, 2016
Lynne Lonq, Girl Scout and Cub Scout Leader distributed a copy of the deed of the property to the
Council. She stated the leaders are in the process of forming a non - profit to continue to run the
programs. The Board would be made up of scouts, leaders, and community members. She asked
Councilmembers for help with supporting keeping the camp open.
Letter read into the record from Randall Smith, regarding Camp Kilworth. He supports the Camp
staying open.
Mayor Ferrell noted the Council retreat agenda has recently been finalized and this item is on the
agenda for discussion this Saturday.
Councilmember Duclos asked for clarification (regarding Mr. Bob Woolley's comments) on the
formation of Lake Management District. City Attorney Amy Jo Pearsall stated there is a process to
follow and Mayor Ferrell noted the lake is owned by the Twin Lakes Golf and Country Club.
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: February 2, 2016 Special and Regular Meeting
b. Sacajawea Middle School Safe Route to School (SRTS) — 30% Design Status Report
c. S 356th Street (Pacific Highway South to Enchanted Parkway) Improvements Project -
Schedule 74 Undergrounding Agreement with Puget Sound Energy
d. Grant Funding for Transportation Improvement Projects — Authorization to Submit an
Application
e. Citywide Flashing Yellow Arrow Retrofits Project — Bid Award
f. Authorization to Accept King County Regional Wastewater Treatment Division Water
Quality Improvement Grant Award and Enter Into all Necessary Agreements
g. Authorization to Apply for the 2017 King County Conservation Futures Fund Program
h. Pete von Reichbauer Way S (20th Ave S) and S 316th Street Sidewalk Replacement
Project — Contract Award as a Change Order to the PAEC Project
i. FARO (Total Station) and Automatic License Plate Reader (ALPR) Maintenance
Agreement
j. Regency Cleaners Amendment #1 for Police Uniform and Dry Cleaning
k. 2nd Amendment for Parking Lot Vacuuming Services
I. Use of Excess Replacement Reserves
m. 2016 Parks & Recreation Commission Work Plan
n. PSE Electrical Extension Agreement and New Service for Town Square Park
o. FieldTurf USA Retainage Release
DEPUTY MAYOR BURBIDGE MOVED APPROVAL OF THE CONSENT AGENDA ITEMS A
THROUGH 0 AS PRESENTED; COUNCILMEMBER MALONEY SECOND. The motion passed
unanimously as follows:
Federal Way City Council Regular Minutes Page 4 of 8
February 16, 2016
Deputy Mayor Burbidge yes Councilmember Koppang yes
Councilmember Assefa- Dawson yes Councilmember Moore yes
Councilmember Maloney yes Councilmember Duclos yes
Councilmember Honda yes
6. COUNCIL BUSINESS
a. Re- Appointment to North Lake Management District Committee
COUNCILMEMBER MALONEY MOVED THE FOLLOWING RE- APPOINTMENTS TO THE NORTH
LAKE MANAGEMENT DISTRICT ADVISORY COMMITTEE WITH TERMS EXPIRING MARCH 15,
2018: CHARLES GIBSON; MARY MCCLELLAN - ARONEN; BRIAN CLEARY; AND TERRANCE
THOMAS, I1; COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows:
Deputy Mayor Burbidge yes Councilmember Koppang yes
CouncilmemberAssefa - Dawson yes Councilmember Moore yes
Councilmember Maloney yes Councilmember Duclos yes
Councilmember Honda yes
7. ORDINANCES
First Reading
a. Council Bill #702 /Lakehaven Utility District Franchise Agreement
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, GRANTING LAKEHAVEN UTILITY DISTRICT, A MUNICIPAL
CORPORATION, A NONEXCLUSIVE FRANCHISE TO OCCUPY THE RIGHTS -OF-
WAY OF THE CITY OF FEDERAL WAY, WASHINGTON, THROUGH THE FRANCHISE
AREA FOR THE PURPOSES OF CONSTRUCTING, MAINTAINING, REPAIRING,
RENEWING, AND OPERATING A WATER AND SEWER SYSTEM WITHIN AND
THROUGH THE CITY OF FEDERAL WAY AND ADDRESSING HYDRANT COSTS
WITHIN CITY BOUNDARIES
City Attorney Amy Jo Pearsall gave a brief background on the proposed ordinance. Lakehaven PUD
is one of the city's franchisees. She noted some of the key points are this is a 10 year term with two
possible five year extension upon mutual agreement; the city will take responsibility for fire hydrant
and streetlights payments; and the city agrees to not initiate proceedings to assume during the term.
Councilmembers asked clarifying questions of Ms. Pearsall regarding multiple systems listed on
the map; and changes in billing to rate payers for street lights and fire hydrants.
City Clerk Stephanie Courtney read the Ordinance Title into the record.
COUNCILMEMBER DUCLOS MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE
MARCH 1, 2016 COUNCIL MEETING FOR SECOND READING AND ENACTMENT;
COUNCILMEMBER KOPPANG SECOND. The motion passed unanimously as follows:
Deputy Mayor Burbidge yes Councilmember Koppang yes
Councilmember Assefa- Dawson yes Councilmember Moore yes
Councilmember Maloney yes Councilmember Duclos yes
Councilmember Honda yes
Federal Way City Council Regular Minutes Page 5 of 8
February 16, 2016
b. Council Bill #703 /21St Ave S (S 316th to S 320th St) Pedestrian Improvements —
Condemnation Ordinance
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, PROVIDING FOR THE ACQUISITION OF CERTAIN PROPERTY FOR
THE PURPOSE OF CONSTRUCTING RIGHT -OF -WAY IMPROVEMENTS IN THE
VICINITY OF 21ST AVE SOUTH IS 316Th ST TO S 320Th ST), KNOWN AS THE 21sT
AVE S (S 316Th ST TO S 320 ST) PEDESTRIAN IMPROVEMENTS PROJECT;
DESCRIBING THE PUBLIC USE AND NECESSITY OF SUCH PROPERTY; DIRECTING
STAFF TO EXHAUST REASONABLE NEGOTIATION EFFORTS TO PURCHASE SUCH
PROPERTY; PROVIDING FOR THE CONDEMNATION OF THE PROPERTY; AND
DIRECTING THE CITY ATTORNEY TO INITIATE ALL NECESSARY ACTIONS AND
PROCEEDINGS IN THE MANNER PROVIDED BY LAW FOR SAID CONDEMNATION
IF ATTEMPTS TO PURCHASE ARE NOT SUCCESSFUL.
Street Systems Project Engineer Christine Mullen gave a brief report on this proposed condemnation
ordinance. She noted the city has sent multiple offer letters and have been negotiating since
September 2015. She stated at this point the two parties are too far apart to continue negotiations.
The property owner prefers the condemnation process continue. The city is offering fair market value
per an independent property appraisal.
City Clerk Stephanie Courtney read the Ordinance Title into the record.
COUNCILMEMBER MALONEY MOVED TO FORWARD THE PROPOSED CONDEMNATION
ORDINANCE TO THE MARCH 1, 2016 COUNCIL MEETING FOR SECOND READING AND
ENACTMENT; COUNCILMEMBER ASSEFA - DAWSON SECOND. The motion passed unanimously
as follows:
Deputy Mayor Burbidge yes Councilmember Koppang yes
CouncilmemberAssefa - Dawson yes Councilmember Moore yes
Councilmember Maloney yes Councilmember Duclos yes
Councilmember Honda yes
Second Reading
c. Council Bill #701 ORDINANCE: MAYER SEWER FRANCHISE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, GRANTING JOSEPH E. MAYER, PAMELA R. MAYER, AND NATALIE
A. MAYER, A NONEXCLUSIVE FRANCHISE TO OCCUPY RIGHTS -OF -WAY OF THE
CITY OF FEDERAL WAY, WASHINGTON, WITHIN THE SPECIFIED FRANCHISE
AREA TO CONSTRUCT, MAINTAIN, REPAIR, OPERATE, AND REMOVE A PRIVATE
SEWER LINE WITHIN AND THROUGH SPECIFIED RIGHTS -OF -WAY AND STREETS
WITHIN THE CITY OF FEDERAL WAY.
City Clerk Stephanie Courtney read the Ordinance Title into the record.
COUNCILMEMBER DUCLOS MOVED APPROVAL OF THE PROPOSED ORDINANCE;
COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows:
Deputy Mayor Burbidge yes Councilmember Koppang yes
CouncilmemberAssefa - Dawson yes Councilmember Moore yes
Councilmember Maloney yes Councilmember Duclos yes
Councilmember Honda yes
Federal Way City Council Regular Minutes Page 6 of 8
February 16, 2016
8. COUNCIL REPORTS
Councilmember Duclos reported the next meeting Finance, Economic Development, Regional
Affairs Council Committee will be Tuesday, February 23rd at 4:30 p.m. in the Hylebos Conference
Room.
Councilmember Moore was glad to see homeless individuals and advocates come to tonight's
meeting. He recently toured Camp Kilworth, and feels it is a great piece of land he would like to see it
protected for future generations and thanked the scouts for coming and advocating. He is glad we
took serious action at an early stage with the Methanol plant. He thanked King County Executive
Constantine and the King County Councilmembers for approving $40k for the Day Center project. He
attended the Historical Society Event and appreciated listening to the stories and the history of
Redondo.
Councilmember Koppang feels it is an honor to be able to effect change and meet with people who
are passionate about issues affecting them. He met with Bob Woolley and Don Smith regarding the
Lake Jeane issue; he thanked Mr. Woolley for attending tonight and giving testimony. He attends and
continues to support the Multi- Service Center on their great work in the community. He recently visited
some of the many parks in the community with his wife and really feels there are some gems including
the Dumas Bay Centre grounds and area. He would like to see the stairway to the beach repaired.
Councilmember Honda also thanked the Historical Society for the wonderful event on Saturday. She
will be attending the next Board of Health meeting, where they will continue to discuss homelessness.
She attended a fundraising event for Auburn Youth Resources that are working on resources for
youth (24 and under) in our community. She is very supportive of Camp Kilworth and her husband and
sons were involved with scouting and the camp. She spoke regarding the sale of the Weyerhaeuser
property, and welcomed IRG to the area. She thanked Weyerhaeuser for coming to Federal Way in
1971; she thanked them for their impact on our city and being a great partner over the years.
Councilmember Maloney also spoke about the Weyerhaeuser Corporation who she feels reached into
our community to make an impact with many wonderful programs. She also stated there is zoning in
place on the property and that will mitigate some of questions citizens are having. She has been
involved over the last couple of weeks with meetings on the University Initiative and is pleased to see
progress moving forward with the needs assessment. She testified in Tacoma regarding the Methanol
plant and appreciates the work of the Mayor, staff and Council who approved a comprehensive
Resolution outlining concerns. She is excited about the rebranding initiative which will lead to a new
image for the city; and would like a work study on the homeless issue.
Councilmember Assefa- Dawson thanked the kids who spoke tonight for the support of Camp
Kilworth. She is impressed and feels they showed amazing courage and should continue to share
their passion. She also attended the Auburn Youth Resources fundraising breakfast, and was
touched by the story of one of the kids in the shelter who talked about her experiences and difficulty
finding a job without an address. She feels compassion goes a long way in our community.
Deputy Mayor Burbidge is impressed with the wonderful efforts that go into our community including
the dedication and care of citizens, and of her colleagues on the Council, Mayor and staff, everyone
working together for a better place. She reported on the South County Area Transportation Board and
grant funding availability. Last week she attended the annual Lodging Tax Advisory Committee
Retreat with a wonderful presentation from Powellswood Garden. She would like to see these periodic
presentations made at Council meetings to highlight various tourism opportunities in the city. She
reminded everyone of the Council retreat on Saturday; and reported on current and upcoming events
in the arts.
Federal Way City Council Regular Minutes Page 7 of 8
February 16, 2016
9. ADJOURNMENT
There being nothing further on the agenda; Mayor Ferrell adjourned the Regular Meeting at
8:54 p.m.
Attest:
Stephanie D. Courtney, CMC
City Clerk
Approved by Council:
Federal Way City Council Regular Minutes Page 8 of 8
February 16, 2016
COUNCIL MEETING DATE: March 01, 2016 ITEM #: 5b
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: DECEMBER 2015 MONTHLY FINANCIAL REPORT
POLICY QUESTION: Should the Council approve the December 2015 Monthly Financial Report?
COMMITTEE: Finance, Economic Development and Regional Affairs Committee MEETING DATE:February 23, 2016
CATEGORY:
® Consent
❑ City Council Business
n Ordinance ❑ Public Hearing
❑ Resolution ❑ Other
STAFF REPORT BY: Ade Ariwoola, Finance Director
Attachments:
• December 2015 Monthly Financial Report
DEPT: Finance
Options Considered:
1. Approve the December 2015 Monthly Financial Report as presented
2. Deny approval of the December 2015 Monthly Financial Report and provide direction to staff.
MAYOR'S RECOMMENDATION: M
MAYOR APPROVAL: J . kNh
CHIEF OF STAFF:
or recommends approval of Option 1.
RECTOR APPROVAL: c*—"
Initial
COMMITTEE RECOMMENDATION: move to forward approval of the December 2015 Monthly Financial Report
to the March 01, 2016 consent agenda for approval.
Committee Chair
Comme M
itte ember
Committee Member
PROPOSED COUNCIL MOTION: `1 move approval of the December 2015 Monthly Financial Report."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED
❑ DENIED
❑ TABLED /DEFERRED/NO ACTION
❑ MOVED TO SECOND READING (ordinances only)
REVISED — 08/12/2010
COUNCIL BILL #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
Federal Way December 2015 Monthly Financial Report - Highlights
The following are highlights of the December 2015 Monthly Financial Report. Detailed financial information can
be found in the December 2015 Monthly Financial Report detail.
Notable Areas
1. Public Works permits and fees is above 2015 annual budget by $203K or 64.1% primarily due to prior
inspections hours being charged against the deposit made by the developer.
2. Hotel/Motel lodging tax is $34K or 14.8% above 2014 annual collections. With the economy getting better
more visitors are staying in hotels.
3. Dumas Bay Center is $116K or 18.1% above 2014 annual collections. There has been an increase in retreat
rentals at the facility, and there was a 10% pricing increase for rental fees over 2014.
General & Street Fund Summary
Revenues are above the annual budget by $1.1M or 2.9% with all revenues on target or above annual budget except
for property tax, court revenue, and interest earnings.
Total General & Street Fund expenditures are below annual budget by $308K or 0.8 %. The following Departments
are above their projected annual budget: Jail, Police, and Parks and Recreation. Police is over annual budget by
$440K primarily due to an increase in billable overtime and regular operational overtime outside the budget amount.
Jail is over annual budget by $19K due to additional outside jail services for psychiatric care provided through King
County and Providence Community which are outside the budget. Parks & Recreation is over annual budget by
$134K primarily due to additional instructor hours for classes and events, and an increase in repairs and
maintenance and utility billings in Parks maintenance.
Property tax is above 2014 annual actual by $72K or 0.7% and below 2015 annual budget by $38K or
0.4 %.
Sales tax exceeds 2014 annual actual by $1.1M or 9.2% and also exceeds 2015 annual budget by $335M or
2.6 %. Retail sales (increase of $389K or 6.1 %), services (increase of $214K or 7.6 %), construction
(increase of $450K or 34.6 %), and wholesaling (increase of $17K or 3.4 %) account for the majority of the
increase compared to 2014 annual actuals.
Additionally, criminal justice sales tax collected county -wide also exceeds 2014 annual actual by $181K
or 8.5% and 2015 annual budget by $46K or 2.0% which further indicates growth.
Community Development permits and fees are below the 2014 annual actual by $361K or 11.8% and
above 2015 annual budget by $127K or 4.9 %. Significant permit revenues received this year include
Federal Way High School, Kitts Corner Apartments, Crestview West Apartments, Highpoint Apartments,
and Christian Faith School. Permits that contributed to the increase in 2014 over 2015 were Wynstone
East, Park 16 Apartments, Celebration Senior Living, Dicks Sporting Goods, and Progressive Claims
Office.
Court revenue is above 2014 annual actual by $71K or 5.2% and below 2015 annual budget by $110K or
7.1 %. The enhanced signage, lighting, and continued enforcement activity is the primary reason for the
reduction.
Park & General Recreation Fees is above 2014 annual actual by $20K or 2.0% and above 2015 annual
budget by $76K or 8.1 %. Senior trips and tours revenue increased through the efforts of staff to market and
promote the programs.
These changes are all in line with our financial projection and budget appropriation.
Designated Operating Funds
Expenditures are below 2015 annual budget by $1.2M or 7.6% and are primarily due to operational decreases in
Traffic Safety and Surface Water Management, and lower than expected costs for the Arterial Street Overlay
project.
Utility tax revenues received annually as reported on the monthly financial report totals $11.8M and is
$232K or 1.9% below 2014 annual actual and $505K or 4.5% above 2015 annual budget. The total budget
was reduced in December to recognize the falling utility tax revenue.
The following is the comparison of 2015 annual actual to 2014 annual actual utility taxes by category:
Electricity — current annual increase by $91K or 2.0 %.
Gas — current annual decrease by $120K or 7.5%
Cable — current annual increase by $80K or 5.1%
Cellular — current annual decrease by $347K or 15.1%
SWM — current annual increase by $28K or 10.5%
Real estate excise tax 2015 annual revenues of $3.0M is above 2014 annual actual by $968K or 46.9% and
is below the 2015 annual budget by $69K or 2.2 %. There were 115 taxable residential sales (total sales
$26.9M / $135K tax), and four commercial sales (total sales $39.3M / $197K tax).
Federal Way Community Center continues to increase revenues while controlling expenditures.
2015 annual operating revenues total $1.9M, which is below the 2015 annual budget by $18K or 1.0% and
above the 2014 annual actual by $16K or 0.9 %. Major revenue increases are in daily drop -ins, fitness
classes, and rentals. Rentals were at capacity for the months of June, July and August.
2015 annual operating expenditures total $2.2M, which is above the 2015 annual budget by $9K or 0.4%
and above 2014 annual actual by $4K or 0.2 %. Increases in personnel cost is due to increased service levels
to meet higher demands. The increase in supplies is due to repairs and system replacements now that the
facility is 9 years old, a major repair to roof top HVAC unit, pool pump, heat exchanger units, pool drain
covers, and additional supplies for Splash Cafe. The decrease in utility costs is due to energy efficiency
efforts, timing of payments, and generally warm weather this year.
The 2015 annual revenues over / (under) expenditures of ($311K) is performing better than 2014 annual
actual by $12K. To date, $397K of operating subsidy has been used to keep the reserve fund balance at
$1.5M. The City used $302K in operating subsidy this time last year. Of the $397K, $159K is for major
maintenance on the facility.
The ending fund balance for the end of this year is $1.5M. The fund balance is set aside for equipment
replacement, major building upgrades, and roof replacement of the Community Center Building.
Dumas Bay Centre is showing higher revenues annually of $116K or 18.1% compared to 2014, and
expenditures are over 2015 annual budget by $17K or 2.1%.
2015 annual operating revenues total $760K, which is $63K or 9.0% above the 2015 annual budget, and
above 2014 annual actual by $116K or 18.1%. The increase from 2014 annual actual is due to an increase
in rental activities as a result of the marketing plan that was commissioned in 2011, the Google AdWords
campaign put into action from the marketing plan as well as securing the return of rental groups.
2015 annual operating expenses total $786K, which is $17K or 2.1% above the 2015 annual budget and
$57K above 2014 annual actual. The increase in expenses over 2014 annual actual is due to an increase in
goods and services for the operation as well as the increase in rental activity for the year.
2015 annual revenues over /(under) expenditures of ($25K) is above annual 2014 by $59K.
The total fund balance of $399K is for future general capital needs of the building. In accordance with
City's reserve policy, the City plans to bring the fund balance to the required $500K.
CITY Of
Federal Way
December 2015 Monthly Financial Report - Detail
GENERAL & STREET
FUND SUMMARY
2014
2015
2015 Budget vs.
Actual
Annual
Budget
Annual
Actual
Annual
Budget
Annual
Actual
Fawrable /(Unfawrable)
$
Beginning Fund Balance
$16,240,295
$16,240,295
$13,264,105
$13,264,105
n/a
n/a
Revenues:
-0.4%
2.6%
2.0%
Property Taxes
Sales Tax
Criminal Justice Sales Tax
10,077,000
11,614,000
1,913,000
10,233,416
12,173,288
2,138,405
10,342,770
12,962,420
2,273,430
10,305,144
13,297,086
2,319,124
(37,626)
334,666
45,694
Gambling Taxes
145,000
176,068
155,000
178,118
23,118
14.9%
State Shared Revenue
Leasehold Tax
2,171,000
6,000
2,355,979
6,693
2,483,000
6,000
2,559,940
6,104
76,940
104
3.1%
1.7%
-7.1%
Court Revenue
1,431,000
1,370,107
1,551,550
1,441,207
(110,343)
CID Pennits & Fees
PW Pennits & Fees
2,100,577
317,000
3,059,772
368,797
2,572,000
317,000
2,698,841
520,249
126,841
203,249
4.9%
64.1%
Business License Fees
252,000
267,293
259,000
267,500
8,500
3.3%
Franchise Fees
Passport Agency Fees
1,041,000
55,000
1,070,983
64,750
1,050,000
65,000
1,113,436
74,275
63,436
9,275
6.0%
143%
Park & General Recreation Fees
937,000
992,680
937,000
1,012,820
75,820
8.1%
Police Services
Admin /Cash Management Fees
765,000
520,314
1,058,716
520,314
17,534
332,703
984,000
375,896
1,124,278
375,896
140,278
0
14.3%
0.0%
-12.6%
43.9%
Interest Earnings
31,000
31,000
27,090
(3,910)
Miscellaneous /Other
219,000
278,600
400,978
122,378
Total Re cnucs
33,594,891
36,207,497
36,643,666
37,722,087
1,078,421
2.9%
Expenditures:
City Council
389,913
355,579
393,975
363,550
30,425
7.7%
Mayor's Office
Community Development
Economic Development
1,287,346
2,863,861
364,864
1,336,396
2,697,364
131,364
1,511,439
2,296,033
232,238
1,511,600
2,222,664
201,997
(161)
73,369
30,241
0.0%
3.2%
13.0%
Human Services
778,640
811,456
834,592
743,184
91,408
11.0%
Finance
Human Resources
999,938
1,066,541
962,916
969,381
908,534
874,337
883,629
817,304
24,905
57,033
2.7%
6.5%
Law
1,624,308
1,471,143
1,316,420
1,299,173
17,247
1.3%
Municipal Court
Jail
1,687,470
4,159,831
1,670,089
4,004,632
1,326,071
4,436,614
1,311,919
4,455,713
14,152
(19,099)
1.1%
-0.4%
Police
22,987,085
23,898,496
18,237,744
18,678,114
(440,370)
-2.4%
Parks & Recreation
4,213,996
3,960,905
3,548,663
3,682,473
(133,810)
-3.8%
Public Works
5,292,730
4,630,788
4,069,657
3,506,800
562,857
13.8%
Total Expenditures
47,716,523
46,900,509
39,986,317
39,678,121
3 08,1 96
0.8%
Revenues over /(under)Expenditures
(14,121,632)
(10,693,012)
(3,342,651)
(1,956,034)
1,386,617
-41.5%
Other Sources:
-
(249,182)
(1,392,921)
Ongoing Transfers In:
Red Light /School Zone for Comp Pln & Traffic
1,096,000
1,093,212
155,000
498,000
155,000
248,818
5,103,008
0.0%
Utility Tax for Des ignated Programs
1,343,000
1,140,135
-50.0%
Utility Tax for Operations
3,893,000
3,893,000
6,495,929
-21.4%
Utility Tax for Prop 1 Voter Package
2,980,187
2,931,304
-
-
-
n/a
One -Time Transfers In/Grants/Other
331,450
520,168
444,676
576,963
132,287
29.7%
Total Other Financing Sources
9,643,637
9,577,819
7,593,605
6,083,789
(1,509,816)
-19.9%
Other Uses:
Contingency Reserve Funds
1 -Tine Transfers Out /Other /Unalloc IS
27,000
3,218,464
-
1,861,000
-
5,662,989
-
5,385,272
-
277,717
n/a
4.9%
Total Other Financing Uses
3,245,464
1,861,000
5,662,989
5,385,272
277,717
4.9%
Total Ending Fund Balance
$ 8,516,836
$ 13,264,102
$11,852,070
5 12,006,587
n/a
n/a
DESIGNATED OPERATING
FUNDS SUMMARY
2014
2015
2015 Budget
vs. Actual
Annual
Budget
Annual
Actual
Annual
Budget
Annual
Actual
Favorable/(Unfavorable)
$
Beginning Fund Balance
$ 18,232,684
$ 18,232,684
$ 21,407,791
$ 21,407,792
n/a
n/a
Rewnues:
Utility Tax
9,711,581
9,308,402
8,735,934
9,129,221
393,287
4.5%
Utility Tax- Prop 1 Voter Package
2,840,419
2,720,475
2,555,856
2,667,329
111,474
4.4%
Hotel/Motel Lodging Tax
195,000
231,828
200,000
266,053
66,053
33.0%
Real Estate Excise Tax
1,800,000
2,062,722
3,100,000
3,031,159
(68,841)
-2.2%
Property Tax- King Co Expansion Levy
-
181,880
155,000
177,780
22,780
14.7%
State Shared Revenue
495,000
496,470
2,460,187
1,851,260
509,000
2,773,643
1,885,500
510,660
3,012,004
1,867,493
1,660
238,361
(18,007)
0.3%
Traffic Safety (Red Light/School Zone)
1,455,000
1,643,500
8.6%
-1.0%
Federal Way Community Center
Dumas Bay Centre Fund
635,251
644,049
697,251
760,332
63,081
9.0%
Surface Water Management Fees
3,456,000
3,462,003
3,820,000
3,871,256
51,256
1.3%
Refuse Collection Fees
287,517
305,742
302,517
300,983
(1,534)
-0.5%
Interest Earnings
15,300
106,674
11,800
39,838
28,038
237.6%
Miscellaneous/Other
27,768
27,881
27,768
48,554
20,786
74.9%
Tole! Revenues
22,562,336
23,859,573
24,774,269
25,682,661
908,392
3.7%
Expenditures:
Arterial Streets Overlay Program
1,696,031
1,415,175
1,724,205
1,336,390
387,815
22.5%
Utility TaxAdrnin/Cash Mgmt Fees
48,000
48,000
n/a
Solid Waste & Recycling
499,412
461,717
501,031
478,807
22,224
4.4%
Hotel/Motel Lodging Tax
227,034
58,786
355,296
180,180
175,116
49.3%
Traffic Safety (Red Light/School Zone)
625,000
627,786
2,123,644
1,994,792
128,852
6.1%
Utility Tax Propos ition 1
2,841,965
2,782,463
59,502
2.1%
Debt Service (Debt & Admin Fee)
1,995,392
1,985,446
1,039,573
1,005,479
34,094
3.3%
Federal Way Community Center
2,205,049
2,174,104
2,170,024
2,178,525
(8,501)
-OA%
Performing Arts & ConfCtr Operations
27,989
15,387
12,602
45.0%
Dumas Bay Centre Fund
695,146
728,379
769,243
785,763
(16,521)
-2.1%
Surface Water Management
3,940,196
3,132,984
3,810,626
3,434,780
375,846
9.9%
Total Expenditures
11,931,259
10,632,377
15,363,596
14,1 9 2,5 6 7
1,171,029
7.6%
Revenues owr/(under) Expenditures
10,631,077
13,227,196
9,410,673
11,490,094
2,079,421
22.1%
Other Sources:
Ongoing Transfers In:
Utility Tax for DBC Oper/Reserves
112,000
112,000
233,659
233,659
ao%
Utility Tax for FWCC Operateserves
554,275
301,944
396,754
396,754
0.0%
Utility Tax for FWCC & SCORE Debt
25,169
2,437,240
2,402,722
(34,518)
-1.4%
Utility Tax for Arterial Streets Overlay
1,013,000
760,885
(252,115)
-24.9%
1-Time Transfers/Grants/Other
13,964,796
14,128,588
495,027
793,749
298,722
60.3%
Total Other Sources
14,631,071
14,567,701
4,575,680
4,587,769
12,089
0.3%
Other Uses:
n/a
Ongoing Trans fer Out:
Traffic Safety (Red Light/School Zone)
1,141,725
1,138,937
-
-
Utility Taxto FWCC Oper/Reserves
554,275
301,944
396,754
396,754
-
0.0%
Utility Tax to FWCC & SCORE Debt
-
1,028,040
993,522
34,518
14%
Utility Taxto DBC Oper/Reserves
112,000
112,000
233,659
483,659
(250,000)
-107.0%
Utility Taxto Arterial Streets Overlay
-
-
1,013,000
760,885
252,115
24.9%
Utility Taxto Transportation Capital
-
-
-
-
-
n/a
Utillity Taxto General/Street Oper
5,236,000
5,033,135
6,690,493
5,028,390
1,662,103
24.8%
Utility Taxto Prop 1 Voter Package
2,980,187
2,931,304
-
-
-
n/a
1-Time Transfers/Other/Unalloc IS
15,366,404
15,102,476
6,606,434
6,419,435
186,999
2 8%
Total Other Uses
25,390,591
24,619,796
15,968,380
14,082,645
1,885,735
11.8%
Ending Fund Balance
Arterial Streets Overlay
1
2,615,082
905,665
308,702
100,000
2,029,152
548,462
177,821
298,388
4,120,012
719,485
208,857
n/a
n/a
n/a
n/a
n/a
n/a
Utility Tax(non-Prop 1)
2,710,592
834,603
Utility Tax- Prop 1 Voter Package
n/a
Solid Waste & Recycling
183,884
204,137
n/a
Hotel/Motel Lodging Tax
195,300
400,296
245,300
501,765
n/a
n/a
Federal Way Community Center
1,586,740
1,573,471
1,483,499
1,500,002
n/a
n/a
Traffic Safety Fund
2,492,758
3,500,514
3,241,744
3,614,117
n/a
n/a
Real Estate Excise Tax Fund
3,286,857
3,550,864
3,508,627
3,445,070
n/a
n/a
Performing Arts & Conf Ctr Operations
-
-
(1)
12,608
n/a
n/a
Paths & Trails
Strategic Reserve Fund
Parks Reserve Fund
14,440
3,000,000
-
196,665
3,382,044
-
360,664
3,012,279
250,000
384,357
3,085,472
250,000
n/a
n/a
n/a
n/a
n/a
n/a
Debt Service Fund
39,444
73,485
1,471,153
1,471,579
n/a
n/a
Surface Water Management
3,628,141
4,491,213
2,964,197
3,392,481
n/a
n/a
Dumas Bay Centre Fund
155,929
181,200
32,867
398,817
n/a
n/a
Total Eating Fumed Balance
$ 18,104,238
$ 21,407,787
$ 19,425,764
8 23,403,009
n/a '
n/a
Sales Tax
Compared to annual 2014 actual, sales tax revenues are up by $1.1M or 9.2 %. Compared to 2015 budget, annual sales tax
revenues went up by $335K or 2.6 %. There is usually a two month lag in sales tax revenue. The sales tax reported for
December 2015 is paid in February 2015.
COMPARISON OF SALES TAX COLLECTIONS BY SIC GROUP
LOCAL RETAIL SALES TAX REVENUES
Annual 2015
Month
is
2014
Actual
2015
C Favorable/(Unfavorable)
Change from 2014
2015 Actual vs Bucket
Budget
Actual
$
%
$
Jan
$
-
Down $25K - Miscellaneous Retailers, Electronics & Appliances
-
Feb
Mar
3,019,060
1,193,962
885,403
1,271,360
942,799
1,353,180
912,804
159,218
i 27,401
13.3 %1 .
°: 3.1 %'
81,820 6A%
(29,995) -3.2%
Apr
May
878,261
995,299
935,194
1,059,819
952,455
1,088,938
74,194
1 93,639
8.4% I
'', 9.4%1
17,261 1.8%
29,119 2.7%
Jun
449,465
928,710
988,914
1,044,900 116,190
12.5%
55,987 53%
Jul
Aug
980,780
1,127,275
1,044,359
1,200,351
1,092,791 ' 112,011
1,254,134 , 126,859
i 114% I
11.3 %;
48,432 4.6%
53,784 4.5%
Sep
4,286
1,062,818
1,131,715
1,144,483 81,665
7.7%1
12,768 1.1%
Oct
648,418
1,042,609
1,110,1%
1,123,740 1 81,131
7.8 %;
13,544 1.2%
Nov
1,082,321
1,152,482
1,137,158 i 54,838
5.1 %1
(15,324) -1.3%
Dec
Up $16k Food Manufacturing, Nonmetallic Mineral Products, Fabricated Metal Products,
Computer & Electronic Products, & Miscellaneous Manufacturing
1,995,852
2,125,233
2,192,502 i 196,650
9.9%1 1
67,269 3.2%
YID Total
8
12,173,288
$ 12,962,420
$ 13,297,086
$ 1,123,797
9.2%
$ 334,666 2.6%
Annual Total
8
12,173,288
$ 12,962,420
n/a
n/a n/a
n/a n/a
COMPARISON OF SALES TAX COLLECTIONS BY SIC GROUP
Fa orable/(I 6 orable)
Component 2014 2015
Change from 2014
Group Actual Actual
$ 1 %
Eaplanatioo
Retail Trade $ 6,328,324 $ 6,717,150
$ 388,826 61%
Up 8413K - Motor Vehicle & Parts Dealer, Building Material & Garden, Clothing and Accessories,
Sporting Goods, Health & Personal Care, Hobby, Books, Food & Beverage Stores, Gasoline
Stations, Nonstore retailers
Down $25K - Miscellaneous Retailers, Electronics & Appliances
Services
2,804,987
3,019,060
214,073
704
Up $224K - Administrative & Support Services, Nursing and Residential Care, Amusement,
Gambling, Food Services & Drinking Places, Repair& Maintenance, Personal & Laundry Services,
Religious, Grantmaking, Civic, Accomodation, Ambulatory Services, Hospital
Down SIOK - Professional/Scientiftc/Tech, Company Management, Educational Services, Social
Assistance, Performing Arts
Construct
1,298,476
1,747,941
449,465
34.6%
Up $473K - Construction of Buildings, Specialty Trade
Down $24K - Heavy & Civil Construction
Wholesaling 500,994
518,276
17,282
3.4%
Up $17K - Wholesale Trade, Durable & Nondurable goods
Transp /Utility
4,286
6,368
2.082
48.6%
Information
616,360
648,418
+2.058
5.2%
Up $32K - Internet Service Providers, Publishing Industries, Telecommunications, Other
Information Services
Manufacturing
124,721
126,616
1,8961
1.5%
Up $16k Food Manufacturing, Nonmetallic Mineral Products, Fabricated Metal Products,
Computer & Electronic Products, & Miscellaneous Manufacturing
Down $14K -Wood Product Manufacturing, Furniture & Related products, Electric Equipment,
Printing & Related Support
Government
173,783
154,001
(19,782)
- 11.4%
Up $8K - Executive Legislative
Down $28K - Nonclassifiable establishments, Economic Programs Admin, Justice, Public Order,
Safety
Fin/Insurance 299,779
297,657
(2,122 1
-0.7%
Up $22K- Credit intermediation, Securities, Commodities, Rental & Leasing Services
/Real Estate
Down $24K - insurance Carriers and Related. Real Estate
Other
21,580
61,598
_
40,018
185.4%
$ 12,173,288 $ 13,297,086
$ 1,123,797 9.2%
SALES TAX COMPARISON by AREA
Annual 2015
Location
2014 2015
Fawrable /(Unfa.orable )
Chg from 2014
Explanation
$ %
Y1D Total Sales Tax
$ 12,173,288 ! $ 13,297,086
$ 1,123,797
9.2'1.
% Var
S 348th Retail Block
1,195,413
1,665,580
470,166
i 39.3%
Lip $492K Retail Automative /Gas, Retail Building
Materials, Retail General Merchandise
Down $22K Retail Eating and Drinking, Dectronics &
Appliances
The Commons
932,081
1 1,097,349
I
165,268
17.7%
I
Up $175K Misc Retail Trade, Retail Eating & Drinking,
Retail Apparel
Down $10K Communications, Retail General Merchandise
S 312th to S 316th
743,862
1 782830
38,968
5.2%
Up $39K Retail General Merchandise, Automative Gas.
Automative Repair
Pavilion Center
442,457 443,525
1,067
0.2%
General Increase
Hotels & Motels
207,047 ! 261,136
54,089
26.I%
General Increase
FW Crossings
433,336 1
400,162
(33,174)
-7.7%
Up $9K Retail Eating & Drinking, Fumitures & Fixtures,
Electronics & Appliances
Down $42K Retail Miscellaneous Stores
Gateway Center
218,015 I 179,731
(38,283)
-17.6%
Down $38K Telecommunications
Utility Tax (Total 7.75 %)
The utility taxes annually is $232K or 1.9% below 2014 annual actual and $505K or 4.5% above 2015 budget. There is
usually a two month lag in utility tax revenue. The utility tax reported for December 2015 is paid in February 2015.
UTILITY TAXES
Annual 2015
Month
2014
Actual
2015
Fawrable /(Unfawrable)
Change from 2014
2015 Actual vs Budget
Budget
S.ctual
$ Var
% Var
S V'ar
% Var
Jan
$ 811
$ 762
$ 777
$ (34)
-4.1%
$ 15
2.0%
Feb
884,440
830,922
787,079
(97,361)
-11.0%
(43,842)
-5.3%
Mar
1,452,712
1,364,807
1,316,552
(136,160)
-9.4%
(48,255)
-3.5%
Apr
465,766
437,582
499,858
34,092
7.3%
62,276
14.2%
May
1,153,008
1,083,239
1,038,174
(114,834)
-10.0%
(45,065)
-4.2%
Jun
1,503,495
1,412,517
1,390,369
(111.125)
-7.5%
(22,147)
-1.6%
Jul
424,413
398,731
411,807
(12,606)
-3.0%
13,076
3.3%
Aug
910,816
855,701
896,076
(14,739)
-1.6%
40,375
4.7%
Sept
833,039
782,631
872,972
39,933
4.8%
90,341
11.5%
Oct
1,195,292
1,122,963
1,270,562
75,270
6.3%
147,598
13.1%
Nov
566,222
531,959
557,086
(9,136)
-1.6%
25,127
4.7%
Dec
2,657,803
2,496,976
2,771,145
113,342
4.3%
274,169
11.0%
YTD Subtotal
$ 12,047,815
$ 11,318,790
$11,812,459
$ (235,357)
-2.0%
$ 493,669
4.4%
Rebate
(18,938)
(27,000)
(15,908)
3,030
0.0%
11,092
-41.1%
YTD Total
$ 12,028,877
$ 11,291,790
$11,796,551
$ (232,326)
-1.9%
$ 504,761
4.5%
Annual Total
$ 12,028,877
$ 11,291,790
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 30th of each year. The City has processed 132 rebates at a total
cost of $16K annually in 2015. The City processed 156 rebates at a total cost of $18,938 annually in 2014.
This year winter was warmer than normal and required less use of gas for heating, reducing the total utility charge and taxes on it.
The revenue on phone and cellular phones are lower than 2014.
UTILITY TAXES - by Type
Annual 2015
Utility
Type
2014
Actual
2015
Actual
Fa arable /(Unfa orabie)
Change from 2014
$ %
Electric
$ 4,524,344
$ 4,615,272 $ 90,928 2.0%
Gas
1,607,781
1,487,742 (120,039) -7.5%
Solid Waste
883,011
916,726
33,715 3.8%
Cable
1,577,634
1,658,024
80,390
5.1%
Phone
893,526
891,543
(1,983)
-0.2%
Cellular
Pager
2,288,480
835
1,941,783
682
(346,697)
(153)
-15.1%
-18.3%
SWM
Tax Rebate
272,205 300,686
(18,938) (15,908)
28,481
3,030
10.5%
0.0%
YID Total
$ 12,028,877 $ 11,796,551 8 (232,326)
-1.9%
Proposition 1 Voter Approved Utility Tax
2015 Annual Prop 1 expenditures total $2.8M or 97.9% of the $2.8M annual budget. Current life -to -date Prop 1 Utility tax
collections total $25.5M and expenditures total $24.8M.
PROP 1
2014
2015
life
To Date
Budget
Actual
Budget
Actual
Beginning Balance:
1,045,433
1,045,433
1,002,600
834,603
n/a
OPERATING REVENUES
January
191
183
172
175
1,604,024
February
208,518
199,712
187,628
177,728
2,091,460
March
371,467
328,032
308,182
297,286
2,632,952
April
248,693
105,173
98,809
112,871
2,172,231
May
255,523
260,357
244,602
234,426
2,246,125
June
219,573
339,499
318,955
314,071
2,311,397
July
198,005
95,835
90,036
93,050
I,759,997
August
111,064
205,668
193,223
202,390
1,831,316
September
308,291
188,106
176,723
197,173
1,667,067
October
140,770
269,905
253,572
286,955
2,168,937
November
189,027
127,857
120,120
125,844
1,704,254
December
589,297
600,149
563,833
625,376
3,353,143
Total Prop 1 Revenues:
2,840,419
2,720,474
2,555,856
2,667 ,345
25,542,900
OPERATING EXPENDITURES
Public Safely Improvement Positions & Costs:
Police Services (includes 1 Records Specialist, 8 Patrol
Officers, 4 Detectives, 1 Lieutenant, & 4 Traffic Officers)
2,322 522
2,293,555
2,214,883
2,193,288
18,553,385
Court Services (includes .50 Judge, 1 Court Clerk, and Pro
Tem Pay, Public Defender contract, 1.5 Prosecutors)
392,683
384,718
371,090
364,464
3,129,642
Total Public Safety Improvement Costs
2,715,205
2,678,273
2,585,973
2,557,752
21,683,027
Connnuniiy Safely Program Costs:
1 Code Enforcement Officer
-
-
101,268
77,971
396,828
1 Code Enforcement Assistant City Attomey
69,341
57,124
58,052
51,997
526,985
1 Parks Maintenance Worker I & Security
113,555
115,482
96,672
94,744
889,885
Total Community Safety Improvement Costs
182,896
172,607
255,992
224,712
1,813,698
Indirect Support - I-IRAnalyst
44,586
42,924
-
-
291,695
SafeCity M &O
37,500
37501
-
-
245,929
Subtotal Ongoing Expenditures
82,086
80,425
-
-
537,624
SafeCity Startup
-
-
-
-
189,066
Other Transfer - Prop 1 OT for Police
-
-
_
-
600,000
Subtotal Other Expenditures
-
-
-
-
789,066
Total Prop 1 Expenditures:
2,980,187
2,931,305
2,841,965
2,782,464
24,823,416
Total Ending Fund Balance:
S 905,665
$ 834,603
$ 716,491
$ 719,485
$ 719,485
Real Estate Excise Tax
Compared to 2014 annual actuals,
collections are up $968K or 46.9%
December's receipt of $333K is
above December 2014's actual by
$59K or 21.6% and below
December 2015's projections by
$220K or 39.8 %.
December 2015 activities include
214 real estate transactions, of which
95 were tax exempt. There were 115
taxable residential sales (total sales
$26.9M / $135K tax), and four
commercial sales (total sales $39.3M
/ $197K tax).
Hotel/Motel Lodging Tax
Hotel/Motel lodging tax received
annually in 2015 is $266K and is
above 2014's annual collections by
$34K or 14.8 %. 2015 annual
receipts are above annual
projections by $66K or 33.0 %.
The lodging tax reported for
December 2015 is paid in February
2015.
Permit Activity
Building, planning, and
zoning permit activities are
below 2014's annual activity
by $361K or 11.8 %.
Compared to annual budget,
permit activity is up $127K
or 4.9 %.
The permits for this year's
construction were primarily
paid for last year.
REAL ESTATE EXCISE TAX REVENUES
Annual 2015
Month
2014
Actual
2015
Fawrabl a /(Unfawrabl e)
Change from 2014
2015 Actual .. Budget
Budget Actual
S
%
$
124,209
Jan
$ 80,758
$ 124,504 $ 155,922
$ 75,165
93.1%
$ 31,418
25.2%
Feb
73,759
103,117 150,860
77,101
104.5%
47,743
46.3%
Mar
115,740
224,101 331,315
215,575
186.3%
107,214
47.8%
Apr
111,351
168,284 148,984
37,633
33.8%
(19,300)
-11.5%
May
443,295
381,454 302,118
(141,177)
- 31.8%
(79,336)
- 20.8%
Jun
123,166
295,428 345,929
222,764
180.9%
50,501
17.1%
Jul
238,862
308,302 302,572
63,710
26.7%
(5,730)
-1.9%
Aug
183,011
228,662 324,637
141,626
77.4%
95,975
42.0%
Sep
115,931
190,036 199,688
83,757
72.2%
9652
5.1%
Oct
164,375
241,721 246,044
81,669
49.7%
4,322
1.8%
Nov
138,305
280,914 189,651
51,346
37.1%
(91,264)
-32.5%
Dec
274,168
553,476 333,438
59,270
21.6%
(220,038)
-39.8%
YID Total
2,062,721
3,100,000 3,031,159
968,438
46.9 %,
(68,841)
-2.2%
Annual Total
$ 2,062,721
$ 3,100,000 n/a
n/a
n/a
n/a
n/a
HOTEL/MOTEL LODGING TAX REVENUES
Annual 2015
Month
2014
Actual
2015
Fawrable /(Unfawrable)
Change from 2014
2015 Actual vs Budget
Budget
Actual $
f %
$
124,209
Jan
$ -
$ -
$ - $ -
-
$ -
-
Feb
12,812
11,053
15,336 _ 2,524
19.7%
4,283
38.8%
Mar
13,343
11,511
146
1.1%
1,978
17.2%
Apr
16,006
13,897
16,825 819
5.1%
2,927
21.1%
May
18,548
16,001
19,890: 1,342
7.2%
3,888
24.3%
Jun
15,361
13,163
17,024 `: 1,663
10.8%
3,861
29.3%
Jul
17,341
14,961
21,320) 3,979
229%
6,360
42.S%
Aug
24,493
21,131
34,569 s 10,076
41.1%
13,439
63.6%
Sept
29,629
25,561
34,823 = 5,194 l
17.5%
9,262
Oct
31,115
26.843 33,195: 2,079
6.7%
6,351
23.7%
Nov
21,655
18,682 24,271 2,615
12.1%
5,588
29.9%
Dec
31,525
27,197 35,312 3,787
12.0%
8,115
29.8%
YFD Total
$ 231,828
$ 200,000 S 266,052 S 34,225
14.8%
S 66,052 33.0%
Annual Total
$ 231,828
$ 200,000 n/a n/a n/a n/a n/a
BUILDING & LAND USE PERMITS AND}
Annual 2015
(CD)
Month
2014
Actual
2015 Change from
Favorable /(Unfavorable)
2014 2015 Actual ‘s Budget
Budget Actual $ % S %
Jan
124,209
177,173 ' 100,841 (23,368)€ -18.8% (76,332) - 43.1%
Feb
97,873
148,781
266,903
- 512,848 414,974
1 424.0%; 364,066 [
244.7%
Mar
316,207
' 167,455 (148,752)
- 47.0%• (99,448)
- 37.3%
Apr
285,407
221,867 322,691 37,284 1 13.1% 100,823 €
45.4%
May
492,934
275,919 193,125: (299,809)1 - 60.8%: (82,794)! - 30.0%
Jun
393,869
330,940 126,129: (267,741)' - 68.0%' (204,811): -61.9%
Jul
279,842
190,173 307,392 ; 27,550 ` 9.8% 117,220 1 61.6%
Aug
334,299
271,066 151,296 1 (183,003). - 54.7%: (119,770)- -44 2%
Sept
254,523
196,954
233,908 (20,615)1 -8.1% 36,954 18.8%
Oct
Nov
185,981
141,806
169,946
150,035
1 300,673 1 114,692
1 87,568 = (54,238)
61.7% 130,728 1 76.9%
- 38.2% (62,467)1 - 41.6%
Dec
152,822
172,244 € 194,915 42,094 - 27.5%1 22,671 1 13.2%
YFD Total
$ 3,059,772
$ 2,572,000 $ 2,698,841 i S (360,931) -11.8% S 126,841 4.9%
Annual Total
$ 3,059,772
$ 2,572,000 € n/a n/a n/a n/a n/a
Police Department
The total overtime budget of $844K consists of $767K for City overtime and $76K for billable time.
Compared to 2015 annual budget, City's portion of overtime is $60K or 7.9% above annual projections.
Compared to 2014 actuals, City's portion of overtime is below by 28K or 3.2 %. Including the increase in billable overtime, total
overtime decreased by $22K or 2.0% over the same time last year.
The December combined overtime decrease of $6K below 2014 year -to -date actual is due to a decrease in training and shift call -in
expenditures.
PD Overtime by Type
Annual 2015
1)))e
2014
Actual
2015
Actual
(Fawrable)/Unfa arable
Change from 2014
$
%
Training
$ 23,304
$ 14,733
$ (8,571)
-36.8%
Court
37,552
34,718
(2,834)
-7.5%
Field Oper
705,692
697,462
(8,230)
-1.2%
Other
88,495
80,613
(7,882)
-8.9%
City Portion
855,044
827,526
(27,518)
-3.2%
Contract /Gant
243,970
245,233
1,263
0.5%
Traffic School
20,137
24,451
4,314
21.4%
Billable
264,107
269,684
5,577
2.1%
YrD Total
S 1,119,151
51,097,210
S (21,940)
-2.0%
Jail Services
PD Chertime by Month
Annual 2015
2014
Annual Actual
2015
Annual Budget
Annual Actual
SCORE
$ 3,852,676
$ 4,276,614
(Fmorable)
/t nfasorable
151,957
160,000
2014
2015
4,004,633
Change from 2014
2015 :Actual ♦s Bu et
Month
Actual
Budget
Actual
$
%
$ 4,436,614
$
Jan
$ 69,247
$ 63,491
$ 92,125 1.$ 22.878
33 0%
8
28,634
45.1 °0
l' et,
63,022
62,595
61.090' (1,931)
-3.1 %
(1,504)1
-2.4%
Mar
63,508
__.8.
59,691
61,169
(2,339)
- 3.7%.
1,478
2.5%
Apr
70,836
61,840
55.955
(14,881)
- 21.0%
(5,885)
-9.5 °0
May
123,628
65,892
84,365
(39,263).
- 31.8%.
18,472
28.0 °°
Jun
54,966
53.453
81,812
26,846
48.8%-
28,359
53.1 °0
Jul
117,348
79,157
90,427
(26,921)
-22.9%
11,270
14.2 °ro
Aug
44,461
58,901
73,713
29,252
65.8%
14,812 ,
25.1%
Sep
60,145
62559
55,110
(5,036)
-8.4%
(7,449)
-119°°
Oct
54,038
77,178
54,986
949
1.8%
(22,191)1
-28 8° 0
Nov
75,138
54,228
64,356
(10.781)
-14.3%
10,128 1
18.7%
Dec
58,708
68,171
52,418
(6,289)
-10.7%
(15,752);
-23.1%
City Portion
855,044
767,155
827,526
(27,518)
-3.2%
60,371 •1
7.9%
Billable
264,107
76,403
269,684
5,577
2.1 %
193,281 j
253.0%
YTDTotal
S 1,119,151
S 843,558
$ 1.097,210
8 (21,940)
-2.0%
S253,652 1
30.1%
Billable
$ -
$ -
S -
$ -
-
$
Annual Total n/a
8 843,558
n/a
n/a '
n/a
n/a
n/a
The total jail budget is $4.44M and it is for SCORE Jail maintenance & operation assessments
service is being paid for by SCORE reserves in 2015.
and alternative programs. Debt
At the original 2007 projections, the Average Daily Population (ADP) was projected at 60 in- mates, which was the 3rd highest, out
of the seven member cities. In 2015 based on 2014 activity, ADP is projected at 93 in- mates. In 2012, the budgeted ADP for
Federal Way was 60, but actual ADP was never below 65, and at one point ADP was above 105. In 2013, the budgeted ADP for
Federal Way was 90 ADP, but actual ADP was never below 75, and at its height ADP was about 90. In 2014, the budgeted ADP
was 95, and year -to -date the ADP at its highest point was 95, and at its lowest was just above 75 ADP. When ADP increases, the
jail costs increase. Renton which was once the highest in 2007, is now second behind Federal Way.
Other jail & alternative programs are provided by King County and Providence Community for psychiatric care. As of the end of
December the City spent $179K on these services that are not currently being provided by SCORE.
Jail and Alternatives to Confinement
2014
Annual Actual
2015
Annual Budget
Annual Actual
SCORE
$ 3,852,676
$ 4,276,614
$ 4,276,614
Other Jail & Alternative Programs
151,957
160,000
179,099
Subtotal M&O
4,004,633
4,436,614
4,455,713
Subtotal Debt Service
941,823
-
-
Total
$ 4,946,456
$ 4,436,614
$ 4,455,713
Traffic Safety - Red Light /School Zone
Traffic Safety Red light & 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.
Court
Court revenues are $71K or 5.2% above 2014 annual actuals and $110K or 7.1% below 2015 annual budget.
COURT REVENUE
Annual 2015
Red Light Photo /School Zone Enforcement
2015
Actual
Favorable (Unfavorable}
ChangeJrom 2014
$
%
2014
$ 18,096
$ 18,434
2015
1.9%
Variance
Fa orabla /(Unfallorable)
750,365
Gross
Payments Net
Gross
Payments
i Salaries & Wages
Net
6,794
30.9%
DUI & Other Misd
Montle
Rewnue
to ATS Rewnue
Rewnue
to ATS
j & Crt Security
Revenue
$ Variance
% Variance
Jan
$ 237,957
$ (53,038) $ 184,920
$ 214,295
$ (52,250)
$ (116,987)
$ 45,058
$ (139,861)
34,315
-75.6%
Feb
165,840
(52,999)
112,841
276,824
(52,250)
(118,560)
106,014
(6,827)
-2.8%
-6.1%
Mar
142,210
(51,500)
90,710
182,243
(23,750)
(129,774)
28,719
(61,991)
Probation Services
-68.3%
Apr
217,687
(52,250)
165,437
301,461
(52,250)
(124,961)
124,251
(41,187)
42,073
-24.9%
May
236,325
(52,250)
184,075
194,639
(52,250)
(117,371)
25,018
(159,057)
80,622
-86.4%
Jun
188,911
(52,250)
136,661
297,654
(52,250)
(126,832)
118,572
(18,090)
2.10/ (11,519)
-13.2%
Jul
216,469
(52,250)
164,219
304,709
(38,000)
(119,867)
146,841
(17,378)
$ 1,551,550
-10.6%
Aug
150,826
(52,250)
98,576
184,396
(38,000)
(124,907)
21,490
(77,086)
Annual
-78.2%
Sep
158,498
(52,250)
106,248
222,403
(52,250)
(120,472)
49,681
(56,567)
-53.2%
Oct
293,834
(52,250)
241,584
258,671
(52,250)
(120,482)
85,939
(155,645)
-64.4%
Nov
193,494
(52,250)
141,244
290,816
(52,250)
(132,281)
106,284
(34,959)
-24.8%
Dec
258,137
(52,250) 205,887
283,892
-
(124,547)
159,345
(46,542)
-22.6%
Y1'DTotal
8 2,460,189
$(627,787) $ 1,832,402
$3,012,004
$(517,750)'
(1,477,043)
$1,017,211
$ (815,191)
-44.5%
knnual Total
S 2,460,189
$(627,787) $ 1,832,402
n/a
n/a
n/a
n/a
nla
n/a
annual Budget
n/a
n/a 830,000
n/a
n/a
n/a
-
it
n/a
Court
Court revenues are $71K or 5.2% above 2014 annual actuals and $110K or 7.1% below 2015 annual budget.
COURT REVENUE
Annual 2015
2014
Actual
2015
Actual
Favorable (Unfavorable}
ChangeJrom 2014
$
%
Civil Potables
$ 18,096
$ 18,434
$ 338
1.9%
Traffic & Non - Parking
750,365
772,830
22,465
3.0%
Parking Infractions
22,007
28,801
6,794
30.9%
DUI & Other Misd
105,529
98,768
(6,761)
-6.4%
Criminal Traffic M isd
341
157
(185)
-54.1%
Criminal Costs
106,143
119,805
13,663
12.9%
Interest / Other / M isc
126,284
160,599
34,315
27.2%
Criminal Cony Fns
59,105
54,545
(4,560)
-7.7%
Shared Court Costs
45,008
43,742
(1,266)
-2.8%
Services & Charges
68,877
73,381
4,505
6.5%
Subtotal
$ 1,301,755
$ 1,371,063
$ 69,308
5.3/0
Probation Services
68,350
70,144
1,794
2.6%
YTD Total
5 1,370,105
$ 1,441,207
$ 71,102
5.2%
COURT REVENUE
Annual 2015
2014
2015
Pasorable /(1'nfasorabl e )
Change from 2014 2015: Actual vs Budget
Month
Actual ctual
Budget
Actual
S
% S
%
January
$ 109,519
$ 123,805
$ 96,176
$ (13,344)
-12.2% $ (27,629)
-22.3%
February
116,497
131,692
122,939
6,442
5.5% (8,753)
660/
March
March
129,654
146,566
115,886
(13,769)
°
_10.6/0 (30,680).
-20.9%
April
147,229
166,432
155,815
8,587
5.8% (10,617)
-6.4%
May
93,923
106,174
86,042
(7,881)
-8.4% (20,13211
June
96,695
109,308
96,600
(95)
-0.1% (12,707)
-11.6%
July
.........................
August
........115,118....,..........
97,223
,......_130.133........_.._..
109,904
- .......120,208
100,761
................5, 090.........._4.4%
3,538
...............(9.925)
3.6/ (9,143)............._
.............._ -7.60
:83%
September
95,064
107,464
137,137
42,073
44.3% 29,673
27.6%
October
115,331
130,374
118,682
3,351
2.9% (11,692)
-9.0%
November
80,622
91,138
113,776
33,154
41.1% 22,638
24.8%
December
104,880
118,560
107,042
2,161
2.10/ (11,519)
-9.7%
Probation
68,350
80,000
70,144
1,794
2.6% (9.856)
-12.3%
$ 1,370,105
$ 1,551,550
$ 1,441,207
$ 71,102
5.2% $(110,343)
-7.1%
Probation
0
-
n/a
n
n n a n a
Annual
5 1,370,105
$ 1,551,550 n/a
n/a
n/a n/a n/a
Federal Way Community Center
The Federal Way Community Center Fund was established as a special revenue fund supported by user fees and utility tax
transfer.
Federal Way
Community Center
as of12/31/2015
2014
2015
2015 Budget NS .-actual
Favorable /(l nfallorable)
1 Annual
Budget Actual
Annual
Budget Actual
S %
Beginning FundBalance
S 1,597 512
S 1,597.512
S 1,573,469 $ 1,573,469
n/a n/a
Operating Revenues:
Daily Drop -ins
$ 310,000
$ 322,506
$ 345,000 $ 335,930
$ (9,070)1 -2.6%
(9,722)1_ -1.2%
1,327 4.3%
Passes
770,000
806,926
786,000 776,278
31,000 32,327
Cit Em.Io ee Membershi. Pro !ram
31,000
31,272
Youth Athletic Pro : rams
45,000
52,129
45,000 51,639
6,639 14.8%
Aquatics Programs - Lessons /Classes
126,000
9,000
146,722
6,296
142,504
156,000 146,896
9,000 3,091
161,000 157,620
(9,104)
(5,9091
(3,380)1
(844)
6,978
1,140
-5.8%
-65.7%
-2.1%
-21.1%
43.6%
0.5%
Childcare Fees
Fitness Classes /Fitness Training
105,000
Towel/equipment Rentals
4,000
3,076
4,000 3,156
Pool Rentals /Competitive -Lap Lanes
16,000
19,999
221,578
16,000 22,978
240,000 241,140
Rentals
195,000
Merchandise Sales
7,500 9,486
7,500 10,020
2,520
33.6%
Concessions /Vending
- 62,069
60,000 61,418
1,418 I 2.4%
Interest Eamings /OtherMisc
-
- (0)
oil n/a
- 0.0%
General Park/Rec - Facilit use char! a
_ mm1,698
25,000 25,000
25,000 25,000
Total Operating Revenues
1,643,500 1,851,260
1,885,500 1,867,493
(18,007); -1.0%
Operating Expenditures:
Personnel Costs
1,368,880 1,402,491
1,404,524 1,419,625
175,500 241,639
(15,101)1 -1.1%
(66,139)1 -37.7%
Supplies
142,500 220,507
Other Services & Charges
172,500. 150,869
209,500 203,268
6,232 3.0%
Utility Cost
Intergovernmental
385,000 263,664
20,500 25,444
360,000 309,977
20,500 4,016
50,023 13.9%
16,484 ; 80.4%
Internal Service Charges
Total Operating Ecpendtures
115,669 111,129
2,205,049 2,174,104
- -
2,170,024 2,178,525
- n/a
(8,501) -0.4%
Revenues Over/ (Under) Expenditures
(561,549)
(322.844)
(2 84 524) (311,032)
26,509 9.3%
Recovery Ratio
74.5%
85.2%
86.9% 85.7%
n/a
Other Sources :
Utility Tax- Reserves
Utility Tax- Operations
-
554,275
-
301,944
- -
396,754 396,754
- n/a
- n/a
Grant /Other Contribution
Total Other Sources
Other Uses:
554,275
301,944
- -
396,754 396,754
-
-
n/a
n/4
n/a
Capital/Use ofReserves /Grants
Total Other Uses
3,500
3,500
(10,774)
3,140
3,140
(24,041)
202,200 159,190
202,200 159,190
(89,970) (73,469)
43,010 n/a
43,010 j n/a
16,501 -18.3%
Net Income
Ending Fund Balance
S 1,586,738
$ 1,573,471
$ 1,483,499 $ 1,500,001
$ 16,502 j 1.1%
The operating revenue budget includes $1 86M in user fees /program revenues, $397K contribution from utility tax for
operations, and $25K use charge from General Fund Recreation for use of the facility.
Annual operating revenues total $1.9M which is $18K or 1.0% below the 2015 annual budget, but above 2014 annual by $16K or
0.9 %. In comparison to 2015's annual budget and 2014 annual actual:
Daily Drop -in revenues are $9K or 2.6% below the projected revenue, but above 2014 annual actual by $13K or 4.2 %.
This increase is due to above average attendance during weekends, local school breaks and holidays. Also, many local and
regional schools are choosing to do their year -end field trips and celebrations at the Community Center, driving up drop -in
group sales for the year. Warmer weather in June, July, and August has helped drive daily admissions revenues. Despite
having the leisure pool closed for the entire month of September for repairs, daily drop -in sales stayed strong. The leisure
pool was also closed for the entire month of September for major repairs.
• Pass revenues are $9K or 2.6% below the projected revenue, and below 2014 annual actual by $31K or 3.9 %. The
decrease is due to no longer selling the 3 -month and 6 -month passes and lower than normal membership sales in the fall
quarter. Refunds totaling nearly $5K were also issued as a result of the discontinued multi -visit pass. Most of these
passes were considered "inactive" but were giving an inaccurate account of "active" passes. With more people on monthly
auto deduction or auto pay we foresee more gradual but regular payments for passes. Also more senior citizens are
converting from regular membership to Silver Sneakers program, and therefore fitness class revenues are increasing.
• Youth Athletic Programs are $7K or 14.8% above the projected revenue, and below 2014 annual actual by $490 or less
than 1.0 %. The increase is due to strong enrollment in Kidz Love Soccer, Basketball Skills, and Passholder P.E.
• Aquatic Programs are $9K or 5.8% below the projected revenue, and above 2014 annual actual by $174 or less than
1.0 %. Swim lesson enrollment is very good with nearly all classes full and classes being added to accommodate more
participants on the waiting list.
• Child Care Revenues are $6K below expected levels, and below 2014 annual actual by $3K. Customers are not using
child care as much as they used to.
• Fitness Classes are $3K or 2.1% below the projected revenue, and above 2014 annual actual by $15K or 10.6% . The
increase is due to high enrollment in Personal Training Programs and Silver Sneakers.
• Pool Rentals /Competitive Lap Lanes are up $7K or 43.6% above the projected revenue, and above 2014 annual actual by
$3K or 14.9 %. The increase is mainly due to local swim clubs and swim teams now using the center more. Competitive
teams are also requesting additional lap swim time at the Community Center due to event conflicts at the King County
Aquatic Center.
• Rental Revenues are up $1K or 0.5% above the projected revenue, and above 2014 annual actual by $20K or 8.8 %.
Rental revenues for 2015 are higher due to a fast start at the beginning of the year. The biggest impact has been in meeting
rentals, where daily and on -going rental business increased and stayed strong all year long. Also, booking in all other areas;
special events; birthday parties and gym rentals are all higher than 2014. June, July, and August rentals were at 100%
capacity for special events.
• Concessions/Vending is up $1K compared to 2014 revenue. The increase is due to the Splash Cafe opening in February
2014 of last year.
Annual operating expenditures total $2.2M which is $9K or 0.4% above the annual operating budget. Federal Way Community
Center has recovered 85.7% (85.2% last year) of operating expenditures compared to the annual budgeted recovery ratio of
86.9% (74.5% last year). In comparison to 2015's annual budget:
• Personnel Costs increased by $15K or 1.1% ($34K or 2.5% last year). The increase is due to increased service levels to
meet higher demands from membership and daily visitor usage. We are also contributing more payroll dollars to the
personnel budget with the addition of FWCC Manager, and promotion of FWCC Supervisor.
• Supplies are $66K or 37.7% ($78K or 54.7% last year) higher than projected. Budgeted repairs and system replacements
have been a bit higher than normal. The Community Center is now 9 years old, so some of this is anticipated. Major
repairs and/or replacements of pool grates, roof top HVAC unit, pool pump, and heat exchanger units increased supply
spending. Pool drain cover replacement occurred due to a new 2015 Health Code Requirement. Increased supply needs
for Splash Cafe operations are also driving up supply expenditures. Most major repairs and part replacements are done in-
house, leading to savings in services and charges.
• Other Services & Charges are $6K or 3.0% ($22K or 12.5% last year) below the projected spending due to staffing
efforts to handle most major repairs in -house versus using contracted services.
• Utility Costs are $50K or 13.9% ($121K or 31.5% last year) below the projected spending due to Facility staffing
efforts to improve energy efficiencies in the building, timing of payments, and warmer weather also contributed.
Since 2011 the annual support from Utility tax has been declining from $503K in 2011 to $397K in 2015. Of the $397K, $159K
is for major maintenance on the facility.
The chart below provides a history of year -to -date revenues, expenditures and utility tax operating subsidy.
$2,500
52,000
51,500
51,000
5500
50
in Rev
Exp
Ending Fund Bal
... Operating Subsidy
FWCC Finance Performance
YTD December 2015
$1,608
$2,052
5781
5443
YTD 2011
$1,628
$2,131
5968
5503
YTD 2012 YTD 2013 YID 2014
51,738 51,796 51,851
52,113 $2,121 52,174
$1,197 $1,598 51,573
5375 $325 5302
YTD 2015
51,865
52,134
$1,500
5354
Dumas Bay Centre
Dumas Bay Centre Fund annual revenue of $760K is $63K or 9.0% above 2015 budget and $116K or 18.1% above annual 2014.
Annual operating expenses total $786K, which is $17K or 2.1% above 2015 budget of $769K. Ending fund balance for Dumas Bay
Centre Fund is a positive $399K with a policy requirement of $500K.
Dumas Bay Centre Fund
as of 12/31/2015
2014
2015
YID Budget vs Actual
Favorable /(UnfawraNe)
$
Budget
Annual
Actual
Annual
Budget Actual
Beginning Fund Balance
$ 212,979
$ 212,979
$ 181,200
$ 181,201
n/a
n/a
Operating Revenues:
In -House Food Services
275,000
269,423
299,000
318,491
19,491
6.5%
Dumas Bay Retreat Center
360,251
374,625
398,251
438,237
39,986
10.0%
Knutzen Family Theatre
-
-
-
3,605
3,605
n/a
Total Operating Revenues
635,251
644,049
697,251
760,332
63,081
9.0%
Operating Expenses:
In -House Food Services
244,822
256,842
266,107
282,033
(15,926)
-6.0%
Dumas Bay Retreat Center
365,243
394,574
419,735
423,998
(4,263)
-1.0%
Knutzen Family Theatre
85,080
76,963
83,400
79,732
3,668
4.4%
Total Operating Expenses
695,146
_
728,379
769,243
785,763
(16,521)
-2.1%
Revenues Over /(Under) Expenses
(59,895)
(84,331)
(71,992)
90.64%
(25,432)
96.76%
46,560
n/a
- 64.7%
n/a
Recovery Ratio
91.38%
88.42%
Transfer In Gen Fund - Pump Station
-
-
-
-
-
n/a
Transfer In Gen Fund - Pump Station M &O
4,000
4,000
4,000
4,000
-
0.0%
Transfer In Utility Tax
112,000
112,000
233,659
483,659
250,000
107.0%
Total Other Sources
116,000
116,000
237,659
487,659
250,000
n/a
Marketing Study & Implementation
-
-
-
-
-
n/a
Pump Station M &O
4,000
-
4,000
1,207
2,793
n/a
Repairs & Maintenance
109,153
63,448
310,000
243,405
66,595
21.5%
Total Other Uses
113,153
63,448
314,000
244,612
69,388
0
Net Income
(57,048)
(31,778)
(148,333)
217,616
365,948
- 246.7%
Finding Fund Balance
$ 155,931
$ 181,201
$ 32,867
$ 398,816
$ 365,949
1113.4%
Self- Insured Health Insurance Fund
Self- Insured Health Insurance Fund annual contributed revenue is $4.5M. Currently the revenue is generated from the employee
paid contribution (range from $32 to $128 per employee per month) and the employer paid contribution (range from $640 to $1,798
per employee), varying depending on number of dependents. Self- Insured Health Insurance Fund annual expenditures are $3.8M
for prescription services, medical services, stop loss, professional services, and wellness program. The ending fund balance for the
program is $1.7M.
Self Insured Health Insurance Fund - 2015
Annual 2014
2016 Adjusted
Budget
Annual 2015
Beginning Balance
Resoriptlon
2014
Annual
Actual
2015 Adjusted
Bdgt
Jan -June
Jul Aug
Sept Oct
Nov
Dec
Annual
Total
Health hsurarlce Preniurn- Employer Contrbution Re venue
3,958,828
4,196,691
1,998,187
106,825
-
' 139,431
339, 355 346,204
17,947 18,392
1,919 1,279
- -
151 146
359,371 366,021
49,228 42,597
338,613 336,704
17,975 17,884
640 640
54,428. 33,545
338,290
17,975
-
_.._ __.. _ -.
336,968
4,034,322
Health insurance Ftenixn- Errpbyee Contribution Revenue
214,481
-
8,529
194,000
18,213
1,279
215,210
5,757
Health InsurancePrertim- COBRA
4,812
Stop Loss Recovery Revenue
•
-
227,404
hterest Femings
' 431
'4,178,552
498,763
1,982,077
366,348
299,610
'3,146,799
1,500
4,400,720
572,375
' 818
'2,245,261
' 295,502
192 203
411,848 388 ,976
41,955_ I 42,281
198
356,463
41,505
315
2,022
Total Revenue and Transfer In
356,775
4,484,714
R'escription Services
59,320
572,387
Medical Services
2,411,118
361,134
353,531
'1,173,464
- 205.627
190 683
269,188 133,125 '
- 65,223
5.214 53,526
323,630 294,470
232,563 241,741
- 32,319
15.725 28,610
167,439
31,836
32,797
241,989
2,459,508
Health hsuranee - Stop Loss
31,559
49,967
366,564
ftdessional Services & 001er
376,521
Total Bcpend Lures for Self Insured Health
3,595,1593
1,865,276
290, 242 344,960
273,575
352,835
3,774,960
Excess of Revenues over Expenditures '1,031,753
702,562
" 379,985
35,741 71,551
121,606 44,025
82,886
(26,060)
709,734
The City will maintain a reserve in the amount not less than 16 weeks of budgeted expenses ($0.985 million) as recommended by
our consultant. We have spent $3.8M annually in 2015, with an ending fund balance in the fund of $1.7M.
Performing Arts & Event Center (PAEC)
Performing Arts & Event Center (PAEC) annual revenue, beginning balance, and transfer in is $9.6M. This does not include all
revenue sources expected for the project. Since adoption of the project, PAEC expenditures total $4.6M.
308 Performing Arts & Event Center
(PAEC)
Annual 2014
2016 Adjusted
Budget
Annual 2015
Beginning Balance
140,000
8,383,671
8,383,671
Transfer In - LIFT & Utility tax & REET from
4,209,763
455,133
455,133
Completed projects
Downtown Square Park Expenditures
346,324
1,585,000
Transfer In - Real Estate Excise Tax
525,000
5,210,000
-
-
-
Transfer In - Utility Tax
Private Contribution
-
1,000,000,
754,579
_
hterest
3,115
13,000:
11,629
Total Beg Bal, Revenue & Transfer In'
9,147,578
9,861,7041
1,604,912
Expenditures
-
2,892,335',
-
Other Temporary Help
3,778
-.
_
Land Redevebpment Analysis and Land
76,1375
-
-
Use Application
Lloyd Enterprises Demolition
120,689
-
-
,IZ VWrks Naming Rights
32,000
-
16,260
Lorax Partners Design Devebprrent
1,331,167
•
270,248
Garco Construction
-
790,583
LMNArchitects Project Desgn
-
-
-
1,572,809
459
rr
Paraetrcc Surveying Services -
HDR Engineering
-
54,430
Recording of document
-
-
170 _
Steinway & Sons Rano
-
-
104,408
Supplies & Meeting Expenditures
-
-
517
Water billings
-
-
4,986
Permits
-
-
25,942
On -Call Ran Review /Inspection Services
-
-i
1,824
Legal Notices & Bond Set
-
-L
1,325
PAEC Director Search
L
22,204
PAEC Director Salaries & Wages
-
-
120,968
Total Expenditures
1,664,307
2,892,336
2,987,136
Total PAEC Balance
8,383,671
6,969,369
6,617,777
Downtown Square Park
Downtown square park remaining budget is $925K. Total annual expenditures for the project total $660K. Since adoption of the
project, Downtown square park expenditures total $1.0M.
303 Downtown Square Park
Annual 2014
2015 Adjusted
Budget
Annual 2015
Beginning Balance
140,000
1,585,000
1,585,000
Transfer in - Real Estate Excise Tax
2,698,751
2,838,751
-
1,585,000
1,585,000
Total Beginning Balance & Transfer In
Downtown Square Park Expenditures
346,324
1,585,000
660,231
Total Expenditures
346,324
1,585,000
660,231
Total Downtown Square Park Balance
2,492,427
-
924,769
FUND ACTIVITY SUMMARY
Fund# /Fund Name
Begin Balance
1/1/2015
1TD
Revenue
1'I'D
Expenditure
YID Net
Income /(loss)
Ending Balance
12/31/2015"
Required Fund
Balance
001/101 General /Street Fund
$ 13,264,105
$ 45,341,600
$ 46,599,118
$ (1,257,518)
5 12,006,587
5 9,500,000
Special Revenue Funds.
102 Arterial Street
308,705
1,326,073
1,336,391
(10,318)
298,387
100,000
103 Utility Tax(')
2,710,594
9,134,090
7,724,672
1,409,418
4,120,012
1,500,000
106 Solid Waste & Recycling
204,135
483,529
478,807
4,722
208,857
-
107 Special Contracts /Studies Fund
435,062
86,011
62,717
23,294
458,356
-
109 HoteVMotel Lodging Tax
400,296
281,650
180,180
101,469
501,765
200,000
1102 %for the Arts
293
-
-
293
-
111 Federal Way Community Center
1,573,469
2,264,247
2,337,715
(73,469)
1,500,001
1,500,000
112 Traffic Safety Fund
3,500,515
3,017,165
2,903,563
113,602
3,614,117
1,500,000
113 Real Estate Excise Tax Fund
3,550,864
3,036,443
3,142,237
(105,795)
3,445,070
2,000,000
114 Prop I Utility Tax
834,603
2,667,345
2,782,464
(115,118)
719,485
1,000,000
115 Performing Arts & Conferenc CtrOperations
-
27,995
15,387
12,607
12,607
-
119 CDBG
48,926
625,082
633,564
(8,482)
40,444
120 Path & Trails
196,664
187,692
-
187,692
384,357
-
188 Strategic Reserve Fund
3,382,044
4,593
301,164
(296,571)
3,085,473
3,000,000
189 Parks Reserve Fund
-
250,000
-
250,000
250,000
750.000
Subtotal Special Revenue Funds
17,146,170
23,391,914
21,898,863
1,493,052
18,639,221
11,550,000
201 Debt Service Fund
73,486
2,403 572
1,1105,480
1,398,092
1,471,579
52,500,000
Capital Project Funds:
301 Downtown Redevelopment
333,060
1,311,811
533.852
777,959
1,111,019
-
302 Municipal Facilities
199,943
100,274
246,985
(146,711)
53,232
-
303 Parks
4,713,424
649,683
2,046,826
(1,397,143)
3,316,281
-
304 Surface Water Management
2,511,316
1,652,777
847,091
805,686
3,317,003
306 Transportation
8 ,211,839
6,738,164
6,941,396
(203,231)
8,008,608
-
307 Capital Project Reserve Fund
480,167
673
673
480,840
480.000
308 PAEC Capital Fund
8,383,571
1,221,341
2,987,135
(1,765,794)
6,617,777
-
Subtotal Capital Project Funds
24,833,320
11,674,724
13,603.284
(1,928,560)
22,904,760
480,000
Enterprise Funds:
401 Surface Water Management
4,491,216
3,938,044
5,036,776
(1,098,732)
3,392,484
690,000
402 Dumas Bay Centre Fund
181,201
1,247,991
1,030,375
217,616
398,816
500,000
Subtotal Enterprise Funds
4,672,417
5,186,035
6,067,152
(881,116)
3,791,301
1,190,000
Internal Senice Funds
501 Risk Management
1,346,299
969,876
1,340,877
(371,001)
975,298
1,200,000••
502Infomiation Systems
3,939,001
2,002,905
2,134,233
(131,327)
3,807,674
3,939,001
503 Mail & Duplication
218,850
133,192
159,903
(26,711)
192,139
218,850
504 Fleet & Equipment
6,463,398
2,189,135
2,654,866
(465,732)
5,997,666
6,463,398
505 Buildings & Fumishings
1,825,372
449,707
397,255
52,452
1,877,824
2,000,000
506 Health Self insurance Fund
1,031,753
4,484.714
3,774,980
709,734
1,741,487
$970,000•••
507 Unemployment Insurance Fund
1,912,291
260,210
41,202
219,008
2.131,299
250,000
.Subtotal Internal Service Funds
16,736,963
10,489,739
10,503,316
(13,577)
16,723,387
15,041,249
Total All Funds
$ 76,726,461
$ 98,487,584
S 99,677,212
$ (1,189,628)
5 75,536,834
$ 40,261,249
*The Fund balance prior to any adjustments or depreciation.
* *The Prop 1 Utility Tax Fund will maintain a cash flow reserve in an amount equal to $1.0M The current fund balance is $0.72M due to less
utility tax received from gas due to a warmer winter than normal.
***The Parks Reserve Fund will maintain a reserve of not less than $0.75M for equipment replacement, turf replacement, and other major
upgrades to the City's Park System. The current fund balance is $0.25M, and a $0.50M transfer is budgeted in 2016.
****The Dumas Bay Centre Fund will maintain a minimum of $0.50M in a reserve for future capital needs of the building. The current fund
balance is $0.40M, and a $0.21M reserve transfer is budgeted for this fund in 2016.
*****The Risk Management Fund will maintain a reserve in an amount of not less than one year's expenditure from the prior year or $1.2M
The current fund balance is $975K and is due to some larger claims during the year.
******The Health Self Insurance Fund will maintain a reserve in an amount not less than 16 weeks of budgeted expenses as recommended by
our consultant.
COUNCIL MEETING DATE: March 01, 2016
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #:
5c
SUBJECT: VOUCHERS
POLICY QUESTION: Should the City Council approve the vouchers in the total amount of $4,479,237.68?
COMMITTEE: Finance, Economic Development, and Regional Affairs Committee
MEETING DATE: February 23, 2016
CATEGORY:
® Consent
❑ City Council Business
❑ Ordinance
❑ Resolution
❑ Public Hearing
❑ 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
't • Federal Way, Wa ington, that I am authorized to authenticate and certify said liens.
0'►`
Finance Director
Attachments: Voucher List
Options Considered:
MAYOR'S RECOMMENDATION:
MAYOR APPROVAL:
CHIEF OF STAFF:
IR TOR APPROVAL:
7./7//'
� Initial
Council
COMMITTEE RECOMMENDATION:
1 move to forward the vouchers to the March 01, 2016 consent agenda for approval.
Dini Duclos
Committee Chair
iguyo,,t4,
Martin Moore
Committee Member Committee Member
PROPOSED COUNCIL MOTION: "1 move approval of the vouchers pursuant to RCW 42.24."
(BELOW TO BE COMPLETED BY CITY CLERKS OFF /CE)
COUNCIL ACTION:
❑ APPROVED
❑ DENIED
❑ TABLED /DEFERRED/NO ACTION
❑ MOVED TO SECOND READING (ordinances only)
REVISED - 08/12/2010
COUNCIL BILL #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
City of Federal Way - Accounts Payable Check List
Key Bank Page 1 of 58
Check No. Date
Vendor
Invoice Date Invoice
Description
AmountGL Total
250015 1/15/2016 WHEELER, JONELLE
249825
249937
249682
249614
249696
249656
249613
249667
249663
249753
249753
249753
249972
502966
502966
966484
966484
966484
249972
249972
250041
1/15/2016 BLAIR, MONVELIA
1/15/2016 NELSON, JASON
12/31/2015 LE,AARONTON
12/31/2015 CORBET, DENNIS
12/31/2015
12/31 /2015
12/31/2015
12/31/2015
MCDANIEL, TRALANE
HENDERSON, LES
COOLIDGE, KATHERINE
JOHNSON, REBEKAH
12/31/2015 ISHMAEL, KATHY
12/31/2015 SOUND PUBLISHING INC,
12/31/2015 SOUND PUBLISHING INC,
12/31/2015 SOUND PUBLISHING INC,
1/15/2016
1/6/2016
1/6/2016
1/6/2016
1/6/2016
1/6/2016
1/15/2016
1/15/2016
1/15/2016
SOUND PUBLISHING INC,
US BANK,
US BANK,
US BANK,
US BANK,
US BANK,
SOUND PUBLISHING INC,
SOUND PUBLISHING INC,
ACCOUNT PAYABLE -ESCOM
12/30/2015 45564
PKDBC- RETURN RENTAL DEPOSIT
ACCOUNTS PAYABLE - RECREAT
1/8/2016 1809105
1/8/2016 1809106
11/24/2015 1784790
12/18/2015 1797170
12/24/2015 1800453
12/24/2015 1800456
12/24/2015 1800457
12/24/2015 188454
12/24/2015 188455
ADVERTISING
11/13/2015 1463567
11/6/2015
11/6/2015
12/11/2015
12/31/2015
12/31/2015
12/31/2015
12/31/2015
12/31/2015
1/15/2015
11/13/2015
1446569
1447215
1464193
PARKS- REFUND PERSONAL TRAINING
PARKS - REFUND OVERPAYMENT
PARKS - REFUND CANCELLED CLASS
PARKS - RETURN VENDOR FEE
PARKS- REFUND CUSTOMERS ACCT.
PARKS- REFUND CUSTOMERS ACCT.
PARKS- REFUND CUSTOMERS ACCT.
PARKS - REFUND CUSTOMERS ACCT.
PARKS - REFUND CUSTOMERS ACCT.
MO- NEWSPAPER ADVERTISING
MO- NEWSPAPER ADVERTISING
CDHS- NEWSPAPER ADVERTISING
PARKS - NEWSPAPER ADVERTISING
DECEMBER 2015
PKDBC - GOOGLE ADWORDS
DECEMBER 2015
MO- ADVERT. DIRECT TRAFFIC CITY
DECEMBER 2015
PARKS - FITNESS INSTRUC. ADV.
DECEMBER 2015
PARKS- MONTHLY MARKETING FEE
DECEMBER 2015
PARKS - MONTHLY SVC FEE
1464196
1464196
ONLINE BUSINESS TOUR, 11/8/2016 1064
PARKS - NEWSPAPER ADVERTISING
PARKS - NEWSPAPER ADVERTISING
PKDBC - GOGGLE BUSINESS LISTING
$20.26
$213.52
$45.00
$35.00
$250.00
$20.00
$20.00
$20.00
$20.00
$20.00
$300.00
$521.00
$74.98
$200.00
$378.36
$104.97
$2.21
$87.60
$199.00
$200.00
$300.00
$3,230.25
AGRICULTURAL SUPPLIES
249723 12/31/2015 PACIFIC PLANTS INC, 12/3/2015 76749 $3,027.68
PKM- WHOLESALE NURSERY PLANTS
020.26
0643.52
05,598.37
$6,205.26
Key Bank Page 2 of 58
Check No. Date Vendor
Invoice Date Invoice Description AmountGL Total
249723 12/31/2015 PACIFIC PLANTS INC, 11/12/2015 76583
249717 12/31/2015 NORTHWEST LININGS & GE010/30/2015 0028595 -IN
249723 12/31/2015 PACIFIC PLANTS INC, 12/14/2015 76910
AIRFARE
978194 1/6/2016 12/31/2015 DECEMBER 2015
PD -ADV TRVL BACKGROUND INVEST.
966484 1/6/2016 12/31/2015 DECEMBER 2015
MO- AIRFAIR NMTC CONF. FERRELL
966484 1/6/2016 12/31/2015 DECEMBER 2015
CD- AIRFARE NMTC CONF. JOHNSON
978194 1/6/2016 12/31/2015 DECEMBER 2015
PD- FLIGHT FOR WSHNA CONF CASTR
SWM- PLANTS
SWM -STRAW BLANKET
SWM- PLANTS NOT RECIEVED FROM 0
US BANK,
US BANK,
US BANK,
US BANK,
ASPHALT & ROAD OIL
249913 1/15/2016 LAKESIDE INDUSTRIES INC, 12/23/2015 04008784
502966
502966
249779
250027
250065
250043
250020
250054
250059
250027
250026
250026
249619
966484
249990
249919
1/6/2016 US BANK,
1/6/2016 US BANK,
PWST -ST. COLD PATCH ASHPHALT R
ASSOCIATION DUES
12/31/2015 DECEMBER 2015
PKM -H2O RECAPP FOR TOWN SQUAR
12/31/2015 DECEMBER 2015
PWST- MEMBERSHIP RENEWAL PRESTO
PESTICIDE LICENSE
PK/MT 2016 PESTICIDE LICENSE R
12/31/2015 WA STATE DEPT OF AGRICUL12/21 /2015
1/15/2016
1/15/2016
1/15/2016
1/15/2016
1/15/2016
1/15/2016
1/15/2016
1/15/2016
1/15/2016
DMCMA TREASURER,
WILSON, CHARLES
PROCTOR, TONIA
1/5/2016 WHTIE 2016
1/12/2015
12/10/2015
AWC -ASSOC OF WASHINGTO12 /30/2015
SOUND CITIES ASSOCIATION,1 /1/2016
THYSSENKRUPP ELEVATOR (1/1/2016
DMCMATREASURER,
DMCJA,
DMCJA,
12/31/2015 D J TROPHY,
1/6/2016
1/15/2016
1/15/2016
US BANK,
THE LINEUP,
LINCOLN AQUATICS,
1/5/2016
1/5/2016
1/5/2016
MC -DUES FOR 2016 WHITE
WILSON 2015
CD -RENEW MEMBERSHIP INTERN. AS
PROCTOR 2016
LAW -PRIMA DUES /ISO WORKSHOPS
39810
2555
3002303107
GIAZZI 2015
CC- SERVICES TO CITIES
CC -2016 SCA MEMBERSHIP DUES /MT
CHB- ELEVATOR MAINT SVCS
MC -2016 DUES GIAZZI
LARSON 2016
MC -DUES FOR 2016 LARSON
ROBERTSON 2015
MC -DUES FOR 2016 ROBERTSON
ATHLETIC SUPPLIES
12/10/2015 242326
PARKS - VOLLEYBALL AWARDS
12/31/2015 DECEMBER 2015
PARKS -FIRST AID SUPPLIES
1/4/2016 2256
12/21/2015 SI281329
PARKS - SHIRTS
PARKS - NOODLES
$3,716.32
$213.53
$- 752.27
$418.00
$240.20
$284.20
$642.60
$733.06
$860.00
$299.28
$396.00
$150.00
$120.00
$385.00
$62,935.00
$42,385.00
$1,017.04
$150.00
$750.00
$750.00
$54.75
$142.37
$218.80
$205.54
51,585.00
$733.06
$110,197.32
$621.46
Key Bank Page 3 of 58
Check No. Date Vendor
Invoice Date
Invoice Description AmountGL Total
966484 1/6/2016 US BANK,
978194 1/6/2016 US BANK,
502966
249612 12/31/2015 CONSOLIDATED ELECTRICAL12 /4 /2015
249792 12/31/2015 WESTSIDE CONCRETE ACCE:11 /1/2015
249761 12/31/2015 SUPERLON PLASTICS INC, 11/30/2015
249699 12/31/2015 MCMASTER -CARR, 12/3/2015
249858 EVERGREEN SIGN CO, 12/29/2015
249879 GRAINGER INC, 12/14/2015
249879 GRAINGER INC, 12/17/2015
1/6/2016 US BANK,
BOOKS, MAPS, & PERIODICALS $185.00
12/31/2015 DECEMBER 2015
PARKS - SEATTLE TIMES SUBSCRIPT!
12/31/2015 DECEMBER 2015
PD -LRIS SUBSCRIPTION FEE MCCAL
BUILDING MATERIALS
12/31/2015 DECEMBER 2015
CHB- BATTERIES FOR SECURITY FEN
1/15/2016
1/15/2016
1/15/2016
249677 12/31/2015 LACY & PAR INC,
249843 1/15/2016
249787 12/31/2015
220 - 599482
1013491 -IN
15F3075
4757340
47059
9916490791
9920568509
BULK CLASS POSTAGE
12/7/2015 69177
PKM- LIGHTING SUPPLIES
PKM- CONCRETE ACCESSORIES
SWM- PIPE /IRRIGATION SUPPL
PARKS -STEEL JOBBERS DRILL BIT
CHB -ROOM SIGNS
PARKS -MAINT SUPPLIES
PARKS -MAINT SUPPLIES
SWR- MAILING SVC COMM WASTE BRO
CASH - RETAIN HELD IN ESCRO
COLUMBIA STATE BANK, 12/18/2015 E1511 -DEC
PARKS -TOWN SQUARE PARK IMPROVE
CASH- RETAIN HELD IN ESCROW
WASHINGTON TRUST BANK, 12/10/2015 01
PW -PAEC CONSTRUCTION PROJECT -
CASH- RETAIN PAYABLE -ESCRW
249843 1/15/2016 COLUMBIA STATE BANK, 11/19/2015 E1511 -NOV
249997
250005
250005
249821
1/15/2016 T- MOBILE USA INC,
1/15/2016
1/15/2016
1/15/2016
VERIZON WIRELESS,
VERIZON WIRELESS,
AT &T MOBILITY,
CELLULAR PHONE AIR TIME
12/21/2015 830401935
12/13/2015 9757235927
12/13/2015 9757235928
12/16/2015
PARKS -TOWN SQUARE PARK IMPROVE
IT -12/15 CELLULAR SVC
IT -12/15 CELLULAR SVC
IT -12/15 DATA SVC
287262871273
IT -12/15 DATA CARDS
CLOTHING AND FOOTWEAR
249826 1/15/2016 BLUMENTHAL UNIFORM CO It12/16/2015 004588076
249826 1/15/2016 BLUMENTHAL UNIFORM CO It12/21/2015
250050 1/15/2016 SCHOLL, ANNETTE 1/5/2016
249968 1/15/2016 SCHWAN, KURT 12/31/2015
004614903
SCHOLL 2016
SCHWAN 2015
PD- UNIFORM &ACCESSORIES STWAR
PD- UNIFORM &ACCESSORIES SEDER
PD -REIMB CLOTHING ALLOW
PD- SUNGLASS /BOOT ALLOWANCE
$35.00
$150.00
$174.76
$301.13
$55.41
$476.33
$96.21
$758.56
$51.85
$358.79
$215.84
$731.23
$- 7,249.70
$1,445.00
$49.73
$3,887.68
$6,138.33
$897.70
$188.89
$100.00
$500.00
$199.87
$2,273.04
$215.84
$731.23
$- 7,249.70
$1,445.00
$10,973.44
$8,423.82
Key Bank Page 4 of 58
Check No. Date Vendor Invoice Date
Invoice Description AmountGL Total
249826
249826
249756
249586
249788
249790
978194
978194
978194
978194
978194
978194
978194
978194
249658
249652
249756
249605
249631
249939
249822
249756
249756
249827
249939
249826
1/15/2016 BLUMENTHAL UNIFORM CO 1112/11/2015 004557687
1/15/2016 BLUMENTHAL UNIFORM CO 1112/11/2015 004557719
12/31/2015 SPORTSMAN'S WAREHOUSE,12/7 /2015 210 -00741
12/31/2015 BLUMENTHAL UNIFORM CO 1111/9/2015 148768 -02
12/31/2015 WASHINGTON WORKWEAR L111/17/2015 11854
12/31 /2015 WEST COAST AWARDS, 11/30/2015 53855
1/6/2016 US BANK, 12/31/2015
1/6/2016 US BANK, 12/31/2015
1/6/2016 US BANK, 12/31/2015
1/6/2016 12/31/2015
1/6/2016 12/31/2015
1/6/2016 12/31/2015
1/6/2016 12/31/2015
1/6/2016 12/31/2015
12/31/2015 HINCKLE, CHARLIE 12/11/2015
12/31/2015 HANSON, SETH 12/8/2015 HANSON 2015
12/31/2015 SPORTSMAN'S WAREHOUSE,12 /15/2015 210 -00761
US BANK,
US BANK,
US BANK,
US BANK,
US BANK,
PD- UNIFORM &ACCESSORIES FERNA
PD -RAIN JACKETS NEW HIRES
PWST- RUBBER BOOTS FOR LYBECK
PD- UNIFORM &ACCESSORIES FERNA
SWM- UNIFORM FOR DOVE
PARKS - UNIFORM CLOTHING
DECEMBER 2015
PD -NEW HIRE PANTS
DECEMBER 2015
PD -BIKE SHOES SON
DECEMBER 2015
PD- UNIFORM HOLSTERS NEW HIRES
DECEMBER 2015
PD -POLO SHIRTS FOR TRAINING
DECEMBER 2015
PD- HOLSTER STEWART
DECEMBER 2015
PD- HOLSTER NEW HIRES
DECEMBER 2015
PD- HOLSTERS NEW HIRES
DECEMBER 2015
PD -BOOTS FOR ANTHOLT
HINCKLE 2015
PD -BOOT ALLOWANCE
12/31/2015 CHANDRA, NAVEEN 12/17/2015
PD -BOOT REIMB
SWM -WORK BOOTS FOR DOVE
CHANDRA 2015
PWST -STEEL TOE BOOTS
12/31/2015 EXCEL SUPPLY COMPANY, IN(12/21/2015 77642
1/15/2016 NORMAN, CHRISTOPHER 12/22/2015
PWST -VESTS
NORMAN 2015
PD- CLOTHING ALLOWANCE
1/15/2016 ATLANTIC SIGNAL LLC, 11/13/2015 12059
12/31/2015 SPORTSMAN'S WAREHOUSE,12 /3/2015 210 -00732
12/31/2015 SPORTSMAN'S WAREHOUSE,12 /3/2015 210 -00733
1/15/2016 BRATWEAR, SOUND UNIFORA12/28/2015 17569
1/15/2016 NORMAN, CHRISTOPHER 12/28/2015 NORMAN 2015
1/15/2016 BLUMENTHAL UNIFORM CO 1112/29/2015 004647347
PD -SWAT HELMET REPAIR
PWST -STEEL TOE BOOTS LYBECK
PARKS -STEEL TOE BOOTS FOR BOLL
PD- REFLECTIVE LETTERING UNIFOR
PD -BOOT ALLOW
PD- UNIFORM &ACCESSORIES STEWA
$98.49
$2,112.82
$109.47
$54.70
$285.50
$396.72
$146.60
$108.40
$270.38
$153.24
$115.05
$95.07
$94.20
$164.25
$200.00
$200.00
$284.69
$131.39
$16.67
$448.80
$262.50
$175.19
$208.02
$433.62
$200.00
$6.05
Key Bank Page 5 of 58
Check No. Date Vendor Invoice Date Invoice Description AmountGL Total
249826 1/15/2016 BLUMENTHAL UNIFORM CO 812/29/2015 004647361 $196.81
PD- UNIFORM &ACCESSORIES NEAL
249823 1/15/2016 BAKER, SIERRA D 12/29/2015 BAKER 2015 $57.00
PD- CLOTHING ALLOWANCE
249889 1/15/2016 HOWELL, ADAM 12/29/2015 HOWELL 2015 $409.43
PD- CLOTHING & BOOT ALLOW. HOWE
COMMUNICATIONS $2,168.04
249795 12/31/2015 W1MACTEL, INC., 12/1/2015 000144742 $80.00
IT -12/15 PAYPHONE SVCS
249813 1/15/2016 AMERICALLCOMMUNICATIOM2 /23/2015 2D6417- 121523 $104.02
PW /SWM /CHB -AFTER HR CALL -OUTA
249813 1/15/2016 AMERICALLCOMMUNICATIOM2 /23/2015 2D6417- 121523 $104.02
PW /SWM /CHB -AFTER HR CALL -OUTA
249813 1/15/2016 AMERICALLCOMMUNICATIOM2 /23/2015 2D6417- 121523 $104.01
PW /SWM /CHB -AFTER HR CALL -OUTA
249601 12/31/2015 CENTURYLINK, 12/4/2015 206-Z04-0609 472B $1,067.88
IT -11/15 LONG DISTANCE SVC
249575 12/31/2015 AMERICALLCOMMUNICATIOM1 /25/2015 2D6417- 111525 $95.32
PW /SWM /CHB -AFTER HR CALL -OUTA
249575 12/31/2015 AMERICALL COMMUNICATIOM1 /25/2015 206417- 111525 $95.32
PW /SWM /CHB -AFTER HR CALL -OUTA
249575 12/31/2015 AMERICALL COMMUNICATIOM1 /25/2015 2D6417- 111525 $95.31
PW /SWM /CHB -AFTER HR CALL -OUTA
249836 1/15/2016 CENTURYLINK, 12/19/2015 1361420945 $422.16
IT -12/15 PHONE /DATA SVC
COMPUTER HARDWARE /EQUIPMENT $52,031.70
249890 1/15/2016 HP INC., 12/18/2015 56717437 $971.61
IT -RR HP ELITEDESK 800 G2 SFF,
249890 1/15/2016 HP INC., 12/18/2015 56717437 $92.31
Sales Tax
249707 12/31/2015 MOTOROLA INC, 12/7/2015 13090770 $242.00
IT -PD RR PD 2 YR WARRANTY —
249707 12/31/2015 MOTOROLA INC, 12/7/2015 13090770 $648.00
IT -PD RR PD CONTROL HEAD -
249707 12/31/2015 MOTOROLA INC, 12/7/2015 13090770 $445.50
IT -PD RR PD REMOTE MOUNT -
249707 12/31/2015 MOTOROLA INC, 12/7/2015 13090770 $57.00
IT -PD RR ALT: ANT 3DB GAIN 76
249707 12/31/2015 MOTOROLA INC, 12/7/2015 13090770 $7.50
IT -RR PD ADD: ADVANCED SYSTEM
249707 12/31/2015 MOTOROLA INC, 12/7/2015 13090770 $1,800.00
IT -PD RR ENH: SMARTZONE OPERAT
249707 12/31/2015 MOTOROLA INC, 12/7/2015 13090770 $108.00
IT -PD RR ADD: PALM MICROPHONE
249707 12/31/2015 MOTOROLA INC, 12/7/2015 13090770 $550.24
Sales Tax
249890 1/15/2016 HP INC., 12/8/2015 56679702 $4,475.00
IT -RR HP ELITEDISPLAY E2211 2
249890 1/15/2016 HP INC., 12/8/2015 56679702 $1,146.00
IT -RR HP DREAMCOLOR Z24X PROFE
249890 1/15/2016 HP INC., 12/8/2015 56679702 $534.00
Sales Tax
Key Bank Page 6 of 58
Check No. Date Vendor Invoice Date Invoice Description AmountGL Total
249707 12/31/2015 MOTOROLA INC, 12/7/2015 13090770 $2,484.00
IT -PD RR MOBILE RADIO FOR VEH
502966 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $569.31
IT- DOCKING STATION HP LAPTOP
249706 12/31/2015 MORGAN SOUND, INC, 12/11/2015 MSI84725 $5,040.00
IT -GAC MIXER 12 INPUTS AND 8 O
249706 12/31/2015 MORGAN SOUND, INC, 12/11/2015 MSI84725 $1,334.00
IT -GAC BSSBLU 8 -CH ANALOG BREA
249706 12/31/2015 MORGAN SOUND, INC, 12/11/2015 MSI84725 $75.00
IT -GAC BSSRACK MOUNT KIT FOR
249706 12/31/2015 MORGAN SOUND, INC, 12/11/2015 MSI84725 $612.66
Sales Tax
249890 1/15/2016 HP INC., 11/5/2015 56576630 $4,665.32
IT -RR HP Z440 WORKSTATION, XEN
249890 1/15/2016 HP INC., 11/5/2015 56576630 $443.22
Sales Tax
249890 1/15/2016 HP INC., 11/9/2015 56584921 $6,565.45
IT -RR HP ELITEBOOOK 850 G2 NOT
249890 1/15/2016 HP INC., 11/9/2015 56584921 $623.73
Sales Tax
249890 1/15/2016 HP INC., 11/12/2015 56598401 $16,933.20
IT -RR HP ELITEDESK 800 G1 SFF,
249890 1/15/2016 HP INC., 11/12/2015 56598401 $1,608.65
Sales Tax
COMPUTER SOFTWARE -MAJOR
249713 12/31/2015 NEW DAWN TECHNOLOGIES, 6/17/2015 0000002098 $4,672.29
IT -COURT CASE MGMT SYSTEM AG14
249617 12/31/2015 CSDC SYSTEMS INC, 12/3/2015 42860 $35,000.00
IT- AMANDA SYSTEM UPGRADE AG15-
249938 1/15/2016 NEW DAWN TECHNOLOGIES, 12 /31/2015 0000002405 $152,844.56
IT -COURT CASE MGMT SYSTEM AG14
CONCEALED PISTOL LIC - FBI
250011 1/15/2016 WA STATE PATROL, 12/30/2015 116000677 $472.00
PD -08/15 BACKGROUND CHECKS
250011 1/15/2016 WA STATE PATROL, 12/30/2015 116002289 $560.50
PD -09/15 BACKGROUND CHECKS
250011 1/15/2016 WA STATE PATROL, 12/30/2015 116003081 $324.50
PD- BACKGROUND CHECKS
CONCEALED PISTOL LIC - STATE
249781 12/31/2015 WA STATE DEPT OF LICENSIN12 /28/2015 DECEMBER 28, 2015 $669.00
PD -12/15 CPL FEES
CONFERENCE/SEMINAR REGISTRATIt
249646 12/31/2015 GREATER FEDERAL WAY CHP12/10/2015 11399 $25.00
MO- LUNCHEON FERRELL
249646 12/31/2015 GREATER FEDERAL WAY CHP12/10/2015 11400 $75.00
CC- LUNCHEON CELSKI, DUCLOS, MA
249646 12/31/2015 GREATER FEDERAL WAY CHP12/10/2015 11401 $25.00
CDED - LUNCHEON JOHNSON
978194 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $299.00
PD- NORCAN OSINT TRAINING BAZZE
502966 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $200.00
PWST -CESCL STORM WATER RECERT
$192,516.85
$1,357.00
$669.00
$8,018.78
Key Bank Page 7 of 58
Check No. Date Vendor Invoice Date Invoice Description AmountGL Total
502966 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $450.00
SWM -CESCL CERT TRAINING CORPUZ
502966 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $425.00
HRCK -WMCA CONF
502966 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $35.00
CD- WEBINAR WELSH
978194 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $209.00
PD- WSCJTC CONF GREGSON
978194 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $195.00
PD -EB 30TH ANNUAL TRAINING CON
978194 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $195.00
PD -EB 30TH ANNUAL TRAINING CON
978194 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $195.00
PD -EB 30TH ANNUAL TRAINING CON
966484 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $50.00
CC -J BURBIDGE SCAANNUAL MTG
966484 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $190.89
CC /ED- ANNUAL ECON MTG.
966484 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $190.89
CC /ED- ANNUAL ECON MTG.
966484 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $ -18.00
CC /ED- ANNUAL ECON MTG. DISCOUN
966484 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $ -18.00
CC /ED- ANNUAL ECON MTG. DISCOUN
249646 12/31/2015 GREATER FEDERAL WAY CHP10/29/2015 11155 $30.00
CC- CANDIDATES FORUM BURBIDGE
966484 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $625.00
MO /CD -NMTC CONF REGIS. FERRELL
966484 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $625.00
MO /CD -NMTC CONF REGIS. FERRELL
250009 1/15/2016 WA STATE CRIMINAL JUSTICE1 /7/2016 20116390 $2,250.00
PD- FIREARMS HANDGUN TRAINING
249780 12/31/2015 WA STATE DEPT OF ENTERPF12/2 /2015 71110355 $395.00
PWTR- TRAINING CLASS PRESTON
250043 1/15/2016 PROCTOR, TONIA 12/10/2015 PROCTOR 2016 $770.00
LAW -PRIMA DUES /ISO WORKSHOPS
250034 1/15/2016 INTL UNDERCOVER TRAININC1 /6/2016 16 -070 $600.00
PD- UNDERCOVER TRAINING MEHLINE
CONSTRUCTION PROJECTS $515,709.88
249843 1/15/2016 COLUMBIA STATE BANK, 12/18/2015 E1511 -DEC $731.23
PARKS -TOWN SQUARE PARK IMPROVE
249927 1/15/2016 MILES RESOURCES LLC, 12/21/2015 253204 $481.40
PKM- CONCRETE BLEND
250062 1/15/2016 WA STATE DEPT OF ECOLOG'1 /4/2016 2016- WAR303544 $314.56
PWST -2016 ANNUAL FEE
250037 1/15/2016 LAKEHAVEN UTILITY DISTRIC1 /4/2016 6315010 $527.13
PKM -TOWN SQUARE PARK
249885 1/15/2016 HENDERSON PARTNERS LLC.12/18/2015 E1511 -DEC $15,282.60
PARKS -TOWN SQUARE PARK IMPROVE
249851 1/15/2016 DAILY JOURNAL OF COMMERI2/16/2015 3307787 $865.80
PKM- NEWSPAPER LEGAL NOTICES
Key Bank Page 8 of 58
Check No. Date Vendor Invoice Date
Invoice Description AmountGL Total
249885
249843
249622
249736
249703
249671
249710
249710
249710
249642
249642
249787
249736
249678
249690
249654
249675
249907
249911
249907
249610
249908
249816
249855
249908
1/15/2016 HENDERSON PARTNERS LLC,11/19/2015 51511 -NOV
1/15/2016 COLUMBIA STATE BANK, 11/19/2015 E1511 -NOV
12/31/2015 DKS ASSOCIATES, 10/27/2015 0058840
12/31/2015 PUGET SOUND ENERGY INC, 11/16/2015
12/31/2015 MILES RESOURCES LLC, 12/4/2015
12/31/2015 KING COUNTY FINANCE DIVI£11/30/2015
12/31/2015 MUTUAL MATERIALS COMPAN12/10/2015
12/31/2015 MUTUAL MATERIALS COMPAN12/10/2015
12/31/2015 MUTUAL MATERIALS COMPAN12/10/2015
12/31/2015 GARCO CONSTRUCTION INC,12/10/2015
12/31/2015 GARCO CONSTRUCTION INC,12/10/2015
12/31/2015 WASHINGTON TRUST BANK, 12/10/2015
12/31/2015 PUGET SOUND ENERGY INC, 12/11/2015
12/31/2015 LAKEHAVEN UTILITY DISTRIC12 /8/2015
PARKS -TOWN SQUARE PARK IMPROVE
PARKS -TOWN SQUARE PARK IMPROVE
PW -FLASH YELLOW RETROFITS -
500000262625
PWST- DAMAGE TO GAS EQUIPMENT
4
69492 -69508
1456760
1456785
1456888
01
01
01
400001138579
6315010
CONSULTING CONTRACTS
12/31/2015 MACKAY & SPOSITO INC, 12/19/2015 026979
12/31/2015 HDR ENGINEERING INC,
12/31/2015 KPG INC,
12/7/2015 00467390 -H
12/7/2015
1/15/2016 KPG INC, 12/31/2015
1/15/2016 LAKEHAVEN UTILITY DISTRIC'1 /4/2016
1/15/2016 KPG INC, 1/6/2016
12/31/2015 COMMERCIAL SPACE ONLINE10/1/2015
1/15/2016
1/15/2016
1/15/2016
1/15/2016
KPG INC,
ANCHOR QEA LLC,
EFELLE MEDIA,
KPG INC,
10/6/2016
12/23/2015
12/24/2015
12/21/2015
PWST -1ST AVE S. AT S. 328TH ST
PWTR -11/15 DISC INVOICE TRFFC-
PKM- CONCRETE MATERIAL SUPPLIES
PKM- CONCRETE MATERIAL SUPPLIES
PKM- CONCRETE MATERIAL SUPPLIES
PW -PAEC CONSTRUCTION PROJECT-
PW-PAEC CONSTRUCTION PROJECT -
PVV•PAEC CONSTRUCTION PROJECT -
PE- RELOCATE VAULT
PARKS - 6315010 TOWN SQ PARK
PW- 21STAVE S PEDESTRIAN IMPRO
SWM -S. 373RD ST. STREAM RE -ROU .
103815 REVISED
PWST -SAC MIDDLE SCHOOL SAFE RO
123715 REVISED
PW -S 352ND ST EXTENSION PROJEC
6314018
122515
84914
123615
45283
22493
112215
PAEC- UTILITIES
PWTR- ENGINEERING SVC AG13 -146-
CD-PROPERTY DATA SVC
PWST -SAC MIDDLE SCHOOL SAFE RO
PW -WEST HYLEBOS BASIN REGIONAL
CDED - TOURISM WEBSITE SVCAG13-
PWST -SAC MIDDLE SCHOOL SAFE RO
$30,200.50
$1,445.00
$48,166.87
$678.19
$157,140.59
$ -79.82
$349.20
$349.20
$243.75
$158,768.43
$- 7,249.70
$7,249.70
$100,243.43
$1.82
$821.53
$12,520.41
815,296.08
$40,790.92
$262.11
$4,156.51
$100.00
$34,229.01
$3,488.50
8135.00
$18,313.30
$130,213.37
Key Bank Page 9 of 58
Check No. Date Vendor Invoice Date Invoice Description AmountGL Total
250024 1/15/2016 COMMERCIAL SPACE ONLINE1/1/2016 85336 $100.00
CD- PROPERTY DATABASE SVC
COPIER & PRINTER SUPPLIES $1,867.07
249845 1/15/2016 COMPLETE OFFICE, 12/17/2015 1305727 -0 $166.35
HR- OFFICE PAPER
249845 1/15/2016 COMPLETE OFFICE, 12/17/2015 1305728 -0 $83.18
HR- OFFICE PAPER
249845 1/15/2016 COMPLETE OFFICE, 12/17/2015 1305730 -0 $83.18
HR- OFFICE PAPER
249845 1/15/2016 COMPLETE OFFICE, 12/17/2015 1305732 -0 $175.96
HR- OFFICE PAPER
249845 1/15/2016 COMPLETE OFFICE, 12/17/2015 1309954 -0 $41.59
HR- OFFICE PAPER
249845 1/15/2016 COMPLETE OFFICE, 12/17/2015 1309955 -0 $83.18
HR- OFFICE PAPER
249845 1/15/2016 COMPLETE OFFICE, 12/17/2015 1309961 -0 $41.59
HR- OFFICE PAPER
249845 1/15/2016 COMPLETE OFFICE, 12/3/2015 1299422 -0 $89.05
HR- OFFICE PAPER
249845 1/15/2016 COMPLETE OFFICE, 12/3/2015 1299424 -0 $41.59
HR- OFFICE PAPER
249845 1/15/2016 COMPLETE OFFICE, 12/3/2015 1299425 -0 $83.18
HR- OFFICE PAPER
249845 1/15/2016 COMPLETE OFFICE, 12/3/2015 1299426 -0 $124.76
HR- OFFICE PAPER
249845 1/15/2016 COMPLETE OFFICE, 12/3/2015 1299427 -0 $41.59
HR- OFFICE PAPER
249845 1/15/2016 COMPLETE OFFICE, 12/3/2015 1299428 -0 $83.18
HR- OFFICE PAPER
249845 1/15/2016 COMPLETE OFFICE, 12/30/2015 1309998 -0 $41.59
HR- OFFICE PAPER
249845 1/15/2016 COMPLETE OFFICE, 12/30/2015 1310004 -0 $83.18
HR- OFFICE PAPER
249845 1/15/2016 COMPLETE OFFICE, 12/30/2015 1310021 -0 $41.59
HR- OFFICE PAPER
249845 1/15/2016 COMPLETE OFFICE, 12/30/2015 1310024 -0 $41.59
HR- OFFICE PAPER
249975 1/15/2016 STAPLES BUSINESSADVANTF12 /31/2015 8037385218 $106.75
MO- OFFICE SUPPLIES
249845 1/15/2016 COMPLETE OFFICE, 12/17/2015 1305717 -0 $83.18
HR- OFFICE PAPER
249845 1/15/2016 COMPLETE OFFICE, 12/17/2015 1305719 -0 $41.59
HR- OFFICE PAPER
249845 1/15/2016 COMPLETE OFFICE, 12/17/2015 1305722 -0 $83.18
HR- OFFICE PAPER
249845 1/15/2016 COMPLETE OFFICE, 12/17/2015 1305724 -0 $83.18
HR- OFFICE PAPER
249845 1/15/2016 COMPLETE OFFICE, 12/17/2015 1305725 -0 $41.59
HR- OFFICE PAPER
249845 1/15/2016 COMPLETE OFFICE, 12/17/2015 1305726 -0 $41.59
HR- OFFICE PAPER
Key Bank Page 10 of 58
Check No. Date Vendor Invoice Date Invoice Description AmountGL Total
249579 12/31/2015 ARC IMAGING RESOURCES, 12/17/2015 A19986 $39.68
IT -OCE PLOTTER SYSTEM MAINTAG
CUSTODIAL & CLEANING
249578 12/31/2015 ARAMARK UNIFORM SERVICE12/15/2015 1988361652 $15.42
PKDBC -LINEN SVC
249578 12/31/2015 ARAMARK UNIFORM SERVICE12 /15/2015 1988361653 $32.15
PKDBC -LINEN SVC
249833 1/15/2016 CEDAR BUILDING SERVICE IN12/31/2015 44575 $2,940.92
PKDBC- JANITORIAL SVC AG13 -168-
249833 1/15/2016 CEDAR BUILDING SERVICE IN12/31/2015 44614 $255.00
CHB- JANITORIAL SVC AG13 -168-
249598 12/31/2015 CEDAR BUILDING SERVICE IN11/30/2015 44480 $2,718.56
PKDBC- JANITORIAL SVC AG13 -168-
249981 1/15/2016 SYNERGY BUILDING SERVICE1 /1/2016 8264 $3,827.38
PKM -12/15 JANTORIAL SVC AG14 -0
249981 1/15/2016 SYNERGY BUILDING SERVICE1 /1/2016 8264 $572.62
PKM -12/15 JANTORIAL SVC AG14 -0
249737 12/31/2015 REGENCY CLEANERS, 11/30/2015 3406 $712.28
PD -DRY CLEANING SVC AG14 -024--
249578 12/31/2015 ARAMARK UNIFORM SERVICE12 /8/2015 1988350653 $15.42
PKDBC -LINEN SVC
249578 12/31/2015 ARAMARK UNIFORM SERVICE12 /8/2015 1988350654 $33.65
PKDBC -LINEN SVC
249820 1/15/2016 ARAMARK UNIFORM SERVICE12 /29/2015 1988383505 $88.78
PKDBC -LINEN SVC
249820 1/15/2016 ARAMARK UNIFORM SERVICE12 /29/2015 1988383506 $32.15
PKDBC -LINEN SVC
249833 1/15/2016 CEDAR BUILDING SERVICE IN11/30/2015 44519 $255.00
CHB- JANITORIAL SVC AG13 -168-
249833 1/15/2016 CEDAR BUILDING SERVICE IN9/30/2015 44311 $255.00
CHB- JANITORIAL SVC AG13 -168-
249820 1/15/2016 ARAMARK UNIFORM SERVICE12 /22/2015 1988372593 $15.42
PKDBC -LINEN SVC
249820 1/15/2016 ARAMARK UNIFORM SERVICE12/22/2015 1988372594 $32.15
PKDBC -LINEN SVC
250019 1/15/2016 ARAMARK UNIFORM SERVICE1 /4/2016 1988390905 $25.08
PARKS -LINEN SVC
250019 1/15/2016 ARAMARK UNIFORM SERVICE1 /4/2016 1988390906 $49.93
PARKS -LINEN SVC
250019 1/15/2016 ARAMARK UNIFORM SERVICE1 /5/2016 198839440 $37.08
PKDBC -LINEN SVC
250019 1/15/2016 ARAMARK UNIFORM SERVICE1 /5/2016 1988394439 $15.41
PKDBC -LINEN SVC
249820 1/15/2016 ARAMARK UNIFORM SERVICE12 /21/2015 1988369078 $25.08
PARKS -LINEN SVC
249820 1/15/2016 ARAMARK UNIFORM SERVICE12 /21/2015 1988369079 $49.38
PARKS -LINEN SVC
DEPOSIT /BONDS PAYABLE
249974 1/15/2016 ST LUKE'S LUTHERAN CHURCI2 /30/2015 005 - 00002573 $282.02
CD- REFUND INSPECTION FEES
249869 1/15/2016 FIRST WESTERN DEVELOPME12 /30/2015 02 -26118 $27,120.00
CD- REFUND PERFORMANCE BOND
$12,003.86
$32,184.17
Key Bank Page 11 of 58
Check No. Date Vendor
Invoice Date Invoice Description AmountGL Total
250068 1/15/2016 HOGAN, CARL 12/30/2015
250066 1/15/2016 CDA ARCHITECTS, 12/30/2015
249967 1/15/2016 SCHNEIDER HOMES INC, 12/30/2015
250071 1/15/2016 SD DEACON, 12/30/2015
250070 1/15/2016 RIDDELL, SHARON L 12/30/2015
249867 1/15/2016 FEDWAY MARKET PLACE WE :12 /30/2015
249901 1/15/2016 KIM, BRIAN K. 12/30/2015
250016 1/15/2016 YOUNG ELECTRIC SIGN CO, 12/30/2015
249886 1/15/2016 HENDERSON, MAX E. 12/30/2015
02 -35882
02 -36298
02 -37344
02 -40947
02 -43528
02 -65835
02 -66072
02 -66170
05 -01694
DEPOSIT /BONDS PAYABLE -PW
249588 12/31/2015 BRANDON MEADOWS RM LLC12/16/2015 005 - 00009189
249722 12/31/2015 OTAK INC,
249801 12/31/2015 YUMO CONSTRUCTION,
249742 12/31/2015 SAFEWAY CORPORATION, 12/31/2015
249653 12/31/2015 HARSCH INVESTMENT PROPE12/31/2015
249791 12/31/2015 WEST COAST SIGNAL, 12/31/2015
249766 12/31/2015 TETRA TECH, 12/31/2015
249757 12/31/2015 STEADFAST COMMONS, 12/31/2015
249757 12/31/2015 STEADFAST COMMONS, 12/31/2015
249796 12/31/2015 WISE CONNECT INC, 12/31/2015
249732 12/31/2015 PRO COM, 12/31/2015
DEPOSIT - ENVIRON REVIEW
10/21/2015 000101500201
CD- REFUND DEMOLITION PERMIT
CD- REFUND DEMOLITION PERMIT
CD- REFUND INSPECTION NOT COMPL
CD- REFUND DEMOLITION PERMIT
CD- REFUND DEMOLITION PERMIT
CD- REFUND OT REVIEW
CD- REFUND EXPIDITED REVIEW
CD- REFUND OT FEE
CD- REFUND EXPIRED DEMOLITION P
PW- PROJECT PERMIT 15- 102852 -EN
CD- WETLAND REVIEW SVC AG13 -164
DEPOSIT -PW EXPD PLAN REVIEW
12/31/2015 09- 104870
249984 1/15/2016 TAN, JEDIDIAH T
249945 1/15/2016 OTTO, JEFFERY
11- 101134
11- 105022
12- 100727
12- 103316
12- 105369
13- 105199
14- 102826
14- 103586
EDUCATIONAL ASSISTANCE
12/27/2015 TAN 2015
12/23/2015 OTTO 2015
PW- REFUND INSPECTION DEPOSIT
PW- REFUND INSPECTION DEPOSIT
PW- REFUND INSPECTION DEPOSIT
PW- REFUND INSPECTION DEPOSIT
PW- REFUND INSPECTION DEPOSIT
PW- REFUND INSPECTION DEPOSIT
PW- REFUND INSPECTION DEPOSIT
PW- REFUND INSPECTION DEPOSIT
PW- REFUND INSPECTION DEPOSIT
PD- TUITION REIMB
PD- TUITION
ELECTION SERVICES - INTERGOVT
249671 12/31/2015 KING COUNTY FINANCE DIVIE12/17/2015 2064771
FI -2015 VOTER REGISTRATION
$1,676.40
$500.00
$182.40
$500.00
$500.00
$432.00
$780.75
$141.00
$69.60
$625.80
$1,249.12
$552.50
$851.25
$685.25
$122.00
$268.50
$1,318.00
$664.00
$85.00
$444.50
$7,154.00
$2,774.00
$108,303.77
$625.80
$1,249.12
$4,991.00
$9,928.00
$115,394.04
Key Bank Page 12 of 58
Check No. Date Vendor Invoice Date Invoice Description AmountGL Total
249671 12/31/2015 KING COUNTY FINANCE DIVI:12/22/2015 2065289 $7,090.27
HRCK -VOTER REG. COSTS
ELECTRICAL PERMITS $126.00
249568 12/31/2015 ADT SECURITY SERVICES IN(12/9/2015 15- 104550
249568 12/31/2015 ADT SECURITY SERVICES IN(12/9/2015 15- 104553
249626 12/31/2015 ELKAY SERVICES LLC, 12/9/2015 15- 105669
249626 12/31/2015 ELKAY SERVICES LLC, 12/9/2015 15- 105892
CD- REFUND WORK NEVER STARTED
CD- REFUND, CONTRACTOR CANCELLE
CD -WORK COVERED UNDER NEW PERM
CD -WORK COVERED UNDER NEW PERM
ELECTRICITY $67,927.96
$28.80
$39.60
$28.80
$28.80
249736 12/31/2015 PUGET SOUND ENERGY INC, 12/11/2015 300000009526
249736 12/31/2015 PUGET SOUND ENERGY INC, 11/20/2015 300000001234
249736 12/31/2015 PUGET SOUND ENERGY INC, 12/4/2015 300000009526
249957 1/15/2016 PUGET SOUND ENERGY INC, 12/24/2015 300000001978
249957 1/15/2016 PUGET SOUND ENERGY INC, 12/24/2015 300000001978
249957 1/15/2016 PUGET SOUND ENERGY INC, 12/24/2015 300000001978
249957 1/15/2016 PUGET SOUND ENERGY INC, 12/24/2015 300000001978
249957 1/15/2016 PUGET SOUND ENERGY INC, 12/24/2015 300000001978
249957 1/15/2016 PUGET SOUND ENERGY INC, 12/24/2015 300000001978
249957 1/15/2016 PUGET SOUND ENERGY INC, 12/24/2015 300000001978
249957 1/15/2016 PUGET SOUND ENERGY INC, 12/24/2015 300000001978
249957 1/15/2016 PUGET SOUND ENERGY INC, 12/24/2015 300000001978
249957 1/15/2016 PUGET SOUND ENERGY INC, 12/24/2015 300000001978
249957 1/15/2016 PUGET SOUND ENERGY INC, 12/24/2015 300000001978
249957 1/15/2016 PUGET SOUND ENERGY INC, 12/24/2015 300000001978
249957 1/15/2016 PUGET SOUND ENERGY INC, 12/24/2015 300000001978
249957 1/15/2016 PUGET SOUND ENERGY INC, 12/24/2015 300000001978
249957 1/15/2016 PUGET SOUND ENERGY INC, 12/24/2015 300000001978
249957 1/15/2016 PUGET SOUND ENERGY INC, 12/24/2015 300000001978
249957 1/15/2016 PUGET SOUND ENERGY INC, 12/24/2015 300000001978
PWTR -12/15 NON - METERED
SWM -11/15 34016 9TH AVE FLOOD
PWTR -12/15 NON - METERED
PKM -12/15 SAC PARK RR FIELD LI
PKM -12/15 1STAVE & CAMPUS DR.
PKM -12/15 2410 S 312TH BEACH R
PKM -12/15 2410 S 312TH STORAGE
PKM- 12/15 2410 S 312TH WOODSHO
PKM -12/15 2645 S 312TH ANX -RR/
PKM -12/15 2645 S 312TH SEWER L
PKM -12/15 28156 1/2 24TH HERIT
PKM -12/15 31104 28TH AVE S HAU
PKM -12/15 31104 28TH AVE S STL
PKDBC -12/15 3200 SW DASH PT RO
PKDBC -12/15 3200 SW DASH PT RO
FWCC -12/15 876 S 333RD LIGHTS
PKM -12/15 S 324TH BLDG A-
PKM -12/15 S 324TH BLDG B-
PKM -12/15 7TH AVE HISTORICAL S
PKM -12/15 21ST AVE LAKOTA RR B
$16,666.99
$6.68
$49.95
$1,128.19
$21.79
$239.78
$15.76
$216.27
$1,512.67
$15.21
$10.98
$81.81
$493.99
$1,206.56
$594.27
$153.46
$307.76
$2,066.78
$43.97
$5,614.01
Key Bank Page 13 of 58
Check No. Date Vendor
Invoice Date Invoice Description AmountGL Total
249957 1/15/2016 PUGET SOUND ENERGY INC, 12/24/2015
249957 1/15/2016 PUGET SOUND ENERGY INC, 12/24/2015
249957 1/15/2016 PUGET SOUND ENERGY INC, 12/24/2015
249957 1/15/2016 PUGET SOUND ENERGY INC, 12/24/2015
249957 1/15/2016 PUGET SOUND ENERGY INC, 12/24/2015
249957 1/15/2016 PUGET SOUND ENERGY INC, 12/24/2015
249957 1/15/2016 PUGET SOUND ENERGY INC, 12/24/2015
249957 1/15/2016 PUGET SOUND ENERGY INC, 12/24/2015
249736 12/31/2015 PUGET SOUND ENERGY INC, 12/1/2015
249957 1/15/2016 PUGET SOUND ENERGY INC, 12/21/2015
300000001978
300000001978
300000001978
300000001978
300000001978
300000001978
300000001978
300000001978
300000007322
300000001234
PKM -12/15 2410 S 312TH STLK ST
PKM -12/15 726 S. 356TH BROOKLA
PKM- 12/15 726 S. 356TH BROOKLA
CHB -12/15 33325 8TH AVE Z00453
PKM -12/15 33914 19TH AVE SAG F
PKM -12/15 34915 4TH AVE MARKX
PKM -12/15 600 S 333RD EVID. BL
FWCC -12/15 876 S 333RD Z003478
PWTR -11/15 ELECTRICITY /GAS
SWM -12/15 34016 9TH AVE FLOOD
EVIDENCE FUNDS
249961 1/15/2016 REYNOLDS, KYLE ANSON 1/7/2016 CASE #15 -5136
PD- RETURN EVIDENCE 15 -5136
249681 12/31/2015 LAW OFFICE OF ZACHARY FL12/16/2015 01- 96888 -14 -10995
PD- EVIDENCE RETURN
FIRST CLASS POSTAGE
249730 12/31/2015 PITNEY BOWES PRESORT SV12/5/2015 4472132
249771
966484
249771
966484
966484
966484
966484
966484
966484
966484
966484
FOOD & BEVERAGE
12/31/2015 UNITED GROCERS CASH & C/12/5/2015 122429
1/6/2016 US BANK,
FI- POSTAGE
PKDBC- CATERING SUPPLIES
12/31/2015 DECEMBER 2015
PARKS - HOLIDAY CAMP TRAINING FO
12/31/2015 UNITED GROCERS CASH & Ci12/4/2015
1/6/2016
1/6/2016
1/6/2016
1/6/2016
1/6/2016
1/6/2016
1/6/2016
1/6/2016
US BANK,
US BANK,
US BANK,
US BANK,
US BANK,
US BANK,
US BANK,
US BANK,
12/31/2015
12/31/2015
12/31/2015
12/31/2015
12/31/2015
12/31/2015
12/31/2015
12/31/2015
122039
PKDBC- CATERING SUPPLIES
DECEMBER 2015
MO- REFRESHMENTS CHILLI OOK OFF
DECEMBER 2015
MO- COFFEE SUPPLIES
DECEMBER 2015
MC- JUSTWARE TRAINING DINNER
DECEMBER 2015
PARKS- DOUGHNUTS SR. TRIP
DECEMBER 2015
PARKS -QDOBA FOR YOUTH COMMISIO
DECEMBER 2015
PARKS - DRIVER LUNCH
DECEMBER 2015
MO- REFRESH FOR SENATE COMM.
DECEMBER 2015
CC- COUNCILMEMBER CELSKI RECEPT
$26.85
$192.75
$166.27
$15,196.70
$3,530.26
$14.19
$886.74
$16,252.27
$1,148.48
$66.57
$1,448.00
$1,212.00
$3,026.81
$552.72
$44.42
$291.42
$24.69
$2.49
$187.79
$7.84
$45.99
$43.90
$34.50
$7.41
$2,660.00
$3,026.81
$6,461.95
Key Bank Page 14 of 58
Check No. Date Vendor Invoice Date Invoice Description AmountGL Total
966484 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $43.80
PARKS -JBB SUPPLIES
966484 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $18.46
PARKS -LEARN 4 LIFE SUPPLIES
966484 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $38.75
PARKS - ACCIDENTAL CHARGE CITY R
249803 12/31/2015 PETTY CASH - FWCC, 12/31/2015 12/31/15 $2.98
PARKS -QFC SNACKS FOR CULTURES
249803 12/31/2015 PETTY CASH - FWCC, 12/31/2015 12/31/15 $4.47
PARKS -QFC SNACKS FOR CULTURES
502966 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $64.42
PW- INTERVIEW PANEL LUNCH
978194 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $43.00
PD-FWPD ANNUAL AWARDS CEREM. F
502966 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $391.95
PKDBC- CATERING SUPPLIES
966484 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $28.98
MO -LUNCH MTG FERRELL, MARTIN
966484 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $18.40
MO -LUNCH MTG FERRELL CAMPBELL
966484 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $41.81
MO -LUNCH MTG FERRELUMCNEY /IKE
249771 12/31/2015 UNITED GROCERS CASH & C/12/8/2015 123413 $37.74
PKDBC- CATERING SUPPLIES
249708 12/31/2015 MOUNTAIN MIST WATER, 11/30/2015 077665 $19.28
PD -WATER
249771 12/31/2015 UNITED GROCERS CASH & C/12/14/2015 125907 $611.29
PKDBC- CATERING SUPPLIES
249593 12/31/2015 GAFFE D'ARTE LLC, 12/11/2015 319484 $42.26
HR- COFFEE SUPPLIES
249639 12/31/2015 FOOD SERVICES OFAMERIC /12 /11/2015 6782895 $486.87
PKDBC- CATERING SUPPLIES
249743 12/31/2015 SAFEWAY STORE #1555, 12/11/2015 721874- 121115 -1555 $39.86
PARKS - PROGRAM SUPPLIES
249635 12/31/2015 FEDERAL WAY NUTRITION SE12/9/2015 4817 $99.20
PD -11/15 OFFICER LUNCHES
249680 12/31/2015 LARSON, DAVID 12/2/2015 LARSON 2015 $120.06
MC- JUSTWARE LUNCH MTG HARDING/
249850 1/15/2016 COSTCO /HSBC BUSINESS S012/26/2015 DECEMBER 2015 $29.96
MO- SUPPLIES FOR CHILI COOK OFF
249850 1/15/2016 COSTCO /HSBC BUSINESS 5012/26/2015 DECEMBER 2015 $372.89
PKDBC -FOOD SUPPLIES
249999 1/15/2016 UNITED GROCERS CASH & C/12/29/2015 131602 $388.13
PKDBC- CATERING SUPPLIES
249771 12/31/2015 UNITED GROCERS CASH & C/12/1/2015 120801 $12.18
PKDBC- CATERING SUPPLIES
249850 1/15/2016 COSTCO /HSBC BUSINESS 5012/26/2015 DECEMBER 2015 $87.13
PD- ANNUAL AWARDS CEREMONY FOOD
249850 1/15/2016 COSTCO /HSBC BUSINESS S012/26/2015 DECEMBER 2015 $66.96
PARKS -FOOD FOR SPECIAL OLYMPIC
249850 1/15/2016 COSTCO /HSBC BUSINESS 5012/26/2015 DECEMBER 2015 $33.99
PD- COFFEE FOR PD VOLUNTEERS
Key Bank Page 15 of 58
Check No. Date Vendor Invoice Date
Invoice Description AmountGL Total
249850
249958
249958
249845
249872
249803
249803
250045
250049
250045
249999
249845
249999
249999
250032
250049
1/15/2016
1/15/2016
1/15/2016
1/15/2016
1/15/2016
COSTCO /HSBC BUSINESS S012/26/2015
QUALITY WATER SERVICES, 11/30/2015
QUALITY WATER SERVICES, 11/30/2015
COMPLETE OFFICE, 11/20/2015
FOOD SERVICES OF AMERIC /12 /30/2015
12/31/2015 PETTY CASH - FWCC, 12/31/2015
12/31/2015 PETTY CASH - FWCC, 12/31/2015
1/15/2016
1/15/2016
1/15/2016
1/15/2016
1/15/2016
1/15/2016
1/15/2016
1/15/2016
1/15/2016
QFC CUSTOMER CHARGES- K1/1/2016
DECEMBER 2015
87224
87236
1294494 -1
6815567
12/31/15
12/31/15
272946
CC- REFRESH & SUPPLIES FOR CELS
PKDBC -WATER COOLER RENT
PARKS -WATER COOLER RENT
HR -HOT COCOA
PKDBC- CATERING SUPPLIES
PARKS - WINCO- COOKIES W /MRS. CLA
PARKS -QFC CANDY CULTURES & CRA
PKDBC- CATERING SUPPLIES
SAFEWAY STORE #1555, 1/5/2016 720576- 010516 -1555
PARKS - PROGRAM SUPPLIES
QFC CUSTOMER CHARGES- K1/2/2016
UNITED GROCERS CASH & Ci12/18/2015
COMPLETE OFFICE, 12/18/2015
UNITED GROCERS CASH & C/12/16/2015
UNITED GROCERS CASH & C/12/16/2015
FOOD SERVICES OF AMERIC /1 /8/2016
SAFEWAY STORE #1555, 1/14/2016
GASOLINE
249857 1/15/2016 ERNIE'S FUEL STOPS (DBA), 12/15/2015
249636 12/31/2015 FEDERAL WAY SCHOOL DISTN1 /30/2015
249636 12/31/2015 FEDERAL WAY SCHOOL DIST111/30/2015
249628 12/31/2015 ERNIE'S FUEL STOPS (DBA), 12/15/2015
249623 12/31/2015 DON SMALL & SONS OIL DIST11/18/2015
249857 1/15/2016 ERNIE'S FUEL STOPS (DBA),. 12/31/2015
249857 1/15/2016 ERNIE'S FUEL STOPS (DBA), 12/31/2015
249837 1/15/2016 CHAPIN, BECKY
966484 1/6/2016 US BANK,
352327
127545
1306456 -0
126620
126491
6833898
PKDBC- CATERING SUPPLIES
PARKS -F DUB SUPPLIES
HR- CREAMER
PARKS - SUPPLIES
PARKS -FLAG FOOTBALL SUPPLIES
PKDBC- CATERING SUPPLIES
800996 - 010616 -1555
PARKS - PROGRAM SUPPLIES
74245CT
AR 10796
AR 10797
74244CT
86223
76307CT
76308CT
HEALTH INSURANCE PREMIUM
12/31/2015 CHAPIN 2015
PD -12/15 VEHICLE FUEL
PWFLT -11/15 VEHICLE FUEL
PD -11/15 VEHICLE FUEL
FLT -12/15 VEHICLE FUEL
FLT -CITY HALL GENERATOR
FLT -12/15 VEHICLE FUEL
PD -12/15 VEHICLE FUEL
CD- MEDICAL REIMB
12/31/2015 DECEMBER 2015
PARKS - ACCIDENTAL CHARGE CITY R
$36.97
$125.71
$65.59
$8.06
$442.39
$15.44
$1.99
$233.95
$23.63
$94.37
$192.74
$6.27
$103.83
$4.98
$709.13
$8.91
$293.55
$4,609.09
$10,576.20
$118.74
$730.34
$226.21
$239.32
$26.25
$30.00
$16,793.45
$2,679.44
Key Bank Page 16 of 58
Check No. Date Vendor
Invoice Date Invoice Description AmountGL Total
249971 1/15/2016 SONNEN, JOE
249760 12/31/2015 SUND, GRETCHEN
249789 12/31/2015 WATSON, JEFFREY D
249584 12/31/2015 BERTUCCI, MICHAEL
249632 12/31/2015 FAIRBANKS, JOHN
249649 12/31/2015 HALL, PAM
249709 12/31/2015 MULLEN, CHRISTINE
249695 12/31/2015 MCCONNELL, JOSH
249606
249773
249611
249565
249725
249793
249971
249923
249840
249854
249841
249841
249800
249609
249609
249841
249841
12/31/2015 CHAPIN, REBECCA
12/31/2015 UNSWORTH, RAYMONDA
12/31/2015 CONLEN, ISAAC
12/21/2015 BECKER, MATT
12/31/2015 PEREZ, RICK
12/31/2015 WILCOX, DARRELL
1/15/2016
1/15/2016
1/15/2016
1/15/2016
SONNEN, JOE
MATSUYAMA, TROY
CLARY, JOHN
EARLE, ERIK
1/12/2016 SONNEN 2015
12/16/2015
12/16/2015
12/16/2015
12/16/2015
12/16/2015
12/16/2015 MULLEN 2015
12/14/2015
12/14/2015
12/21/2015
12/21/2015
12/21/2015
12/21/2015 PEREZ 2015
12/22/2015
12/28/2015
12/21/2015
12/30/2015
12/30/2015
PKM- MEDICAL REIMB
SUND 2015
PD- MEDICAL REIMB
WATSON 2015
CD- MEDICAL REIMB
BERTUCCI 2015
PD- MEDICAL REIMB
FAIRBANKS 2015
CD- MEDICAL REIMB
HALL 2015
PD- MEDICAL REIMB
PW- MEDICAL REIMB
MCCONNELL 2015
PD- MEDICAL REIMBURSMENT
CHAPIN 2015
CD- MEDICAL REIMB
UNSWORTH 2015
PD- MEDICAL REIMB
CONLEN 2015
CD- MEDICAL REIMB
REISSUE BECKER 2015
CD- MEDICAL REIMB
PW- MEDICAL REIMB
WILCOX 2015
PD- MEDICAL REIMB
SONNEN 2015
PKM- MEDICAL REIMB
MATSUYAMA 2015
PD- MEDICAL REIMB.
CLARY 2015
PD- MEDICAL REIMB
EARLE 2015
IT- MEDICAL REIMB
HOUSEHOLD SUPPLIES
1/15/2016 COASTWIDE SUPPLY DBA, 12/23/2015 NW2838079
1/15/2016 COASTVVIDE SUPPLY DBA, 12/23/2015 GW2838079
12/31/2015 XTREME GRAPHIX INC, 12/15/2015 15 -1875
12/31/2015 COASTWIDE SUPPLY DBA, 12/3/2015 GW2832115
12/31/2015 COASTWIDE SUPPLY DBA, 12/3/2015 NW2832115
1/15/2016 COASTWIDE SUPPLY DBA, 12/8/2015 GT2833993
1/15/2016 COASTWIDE SUPPLY DBA, 12/9/2015 GW2832115-
PARKS- JANITORIAL SUPPLIES
PARKS - JANITORIAL SUPPLIES
PKDBC -VINYL PRINT ON PLEXIGLAS
PARKS - JANITORIAL SUPPLIES
PKM- JANITORIAL SUPPLIES
PARKS - JANITORIAL SUPPLIES
PARKS - JANITORIAL SUPPLIES
$93.67
$100.00
$200.00
$200.00
$100.00
$100.00
$200.00
$88.18
$54.00
$293.67
$200.00
$100.00
$200.00
$93.67
$100.00
$200.00
$200.00
$100.00
$236.70
$314.08
$16.32
$598.47
$916.87
$61.81
$242.30
$4,997.57
Key Bank Page 17 of 58
Check No. Date Vendor
Invoice Date Invoice Description AmountGL Total
249841 1/15/2016
249841 1/15/2016
249841 1/15/2016
249841 1/15/2016
COASTWIDE SUPPLY DBA, 12/17/2015
COASTWIDE SUPPLY DBA, 12/17/2015
COASTWIDE SUPPLY DBA, 12/18/2015
COASTWIDE SUPPLY DBA, 12/18/2015
GW2836456
N W2836456
GT2836770
NT2836770
PARKS - JANITORIAL SUPPLIES
PARKS - JANITORIAL SUPPLIES
PKM- JANITORIAL SUPPLIES
PKM- JANITORIAL SUPPLIES
INSTRUCTORS
249960 1/15/2016 RASOR, EVA EDLA 12/31/2015 DECEMBER 2015
FWCC- PERSONAL TRAINER SVC AG13
249874 1/15/2016 G FORCE FITNESS LLC, 12/31/2015 DECEMBER 2015
FWCC - PERSONAL TRAINER SVC AG13
INSURANCE PREMIUM • GEN LIABILIT
249804 1/6/2016 BANNON CARLSON & KESSEL1 /5/2016 73419
249804 1/6/2016 BANNON CARLSON & KESSEL1 /5/2016
73419
LAW -RM -2016 GEN LIAB INS PREM
LAW -RM -2016 EXCESS LIAB INS PR
INSURANCE PREMIUM - OTHER
249804 1/6/2016 BANNON CARLSON & KESSEL1 /5/2016 73419
249804 1/6/2016 BANNON CARLSON & KESSEL1 /5/2016 73419
INSURANCE -STOP LOSS
571533 1/15/2016 GROUP HEALTH, 1/11/2016
755018 1/15/2016 GROUP HEALTH, 1/11/2016
LAW -RM -2016 CRIME INS PREM
LAW -RM -2016 PROPERTY INS PREM
JANUARY 2016
FI -GH ADMIN FEE HMO
JANUARY 2016
FI -GH ADMIN FEE OPTIONS
INTER- DEPARTMENTAL RENTALS
249988 1/15/2016 THE HEALTHY EDGE, 12/31/2015 45854
PKDBC- RENTAL RETURN
INVESTMENT INCOME
249864 1/15/2016 FEDERAL WAY SCHOOL DISTF1/12/2016 SIF -DEC 2015
FI -12/15 SCHOOL IMPACT FEES RE
249637
249637
249637
249802
249633
367215
825023
879965
LAND
12/31/2015 FIRST AMERICAN TITLE INSUI12 /8/2015 2203- 2164671A
12/31/2015 FIRST AMERICAN TITLE INSUI12/8/2015
12/31/2015 FIRST AMERICAN TITLE INSUI12/8/2015
12/31/2015 FIRST AMERICAN TITLE INSU112/31/2015
12/31/2015 FEDERAL EXPRESS CORPOR.12/11/2015
1/14/2016
1/4/2016
1/4/2016
FIRST AMERICAN TITLE INSUF1/15/2016
FIRST AMERICAN TITLE INSUI1/4/2016
FIRST AMERICAN TITLE INSUI1/4/2016
2203- 2164671A
2203- 2164671A
4203- 2322258A
5- 251 -93240
PW- ESCROW CLOSING FEE SHORTFAL
PW- ESCROW CLOSING FEE SHORTFAL
PW- ESCROW CLOSING FEE SHORTFAL
PW -S. 356ND ST. IMPROVMENTS
SWM- DOCUMENTS EXPRESS DELIVERY
292104- 9003 -06
PW- ROWACQ FILE #37/ 35450
4203- 2164675A
PW- ROWACQUISITION
4203- 2164703A
PW- ROWACQUISITION
$735.87
$1,001.67
$418.44
$455.04
$33.00
$66.00
$373,771.80
$78,292.80
$4,182.00
$45,947.60
$3,479.43
$26,254.52
$150.00
$47.47
$131.00
$75.00
$88.32
$1,229.22
$11.80
$83,672.15
$128,250.23
$28,799.65
$99.00
$452,064.60
$50,129.60
$29,733.95
$150.00
$47.47
$297,448.02
Key Bank Page 18 of 58
Check No. Date Vendor Invoice Date Invoice Description AmountGL Total
249805 1/7/2016 KING COUNTY SUPERIOR CO1/7/2016 15 -2- 30614- 6KNT / #58 $15,500.00
PW -PAC HWY S. HOV LANES PHASE
819065 1/4/2016 FIRST AMERICAN TITLE INSU11/12/2016 4203- 2164688A $38,190.65
PW- ROWACQUISITION
250072 1/15/2016 FANA FEDERAL WAY CROSSIt1 /8 /2016 185295- 0060 -00 $1,500.00
PW- 185295 -0060- 00/185295 -0070-
249824 1/15/2016 BIG TREES,
LANDSCAPING
12/22/2015 13109
PKM -TREES RELOCATION
$2,146.20
$2,146.20
LEASE DEPOSIT $3,241.04
249627 12/31/2015 EPI REALTY HOLDINGS INC, 12/18/2015 EPI REALTY 2015 $3,241.04
PWST- REFUND RENT DEPOSIT
LEGAL NOTICES $1,748.33
249671 12/31/2015 KING COUNTY FINANCE DIVIE11/30/2015 69492 -69508
249753 12/31/2015 SOUND PUBLISHING INC, 11/6/2015 1463804
249753 12/31/2015 SOUND PUBLISHING INC, 11/6/2015 1463811
249753 12/31/2015 SOUND PUBLISHING INC, 11/6/2015 561830
249753 12/31/2015 SOUND PUBLISHING INC, 11/30/2015 7648214
249753 12/31/2015 SOUND PUBLISHING INC, 11/30/2015 7648226
PWTR -11/15 DISC INVOICE TRFFC-
HRCK- NEWSPAPER ADVERTISING
PWST- NEWSPAPER ADVERTISING
HRCK- NEWSPAPER ADVERTISING
MC- NEWSPAPER ADVERTISING
PD- NEWSPAPER ADVERTISING
$216.80
$67.77
$475.86
$140.00
$749.84
$98.06
LODGING $1,792.70
978194 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $1,165.55
PD -ADV TRVL BACKGROUND INVEST.
978194 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $627.15
PD- LODGING FOR TRAINING MCGOWA
MACHINERY & EQUIPMENT $110,457.57
502966 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $328.50
PWST- GUTTERS FOR BRINE BUILDIN
502966 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $961.41
PWST - INSULATION FOR BRINE BUIL
249718 12/31/2015 NW FABRIC BUILDINGS, 12/15/2015 10104 $18,240.00
PWST- 40X30' FABRIC SAND BIN
249718 12/31/2015 NW FABRIC BUILDINGS, 12/15/2015 10104 $1,732.80
Sales Tax
249718 12/31/2015 NW FABRIC BUILDINGS, 12/15/2015 10105 $3,504.00
PWST- RENTAL FOR SAND COVER
249896 1/15/2016 JGM TECHNICAL SERVICES 112/28/2015 1810 $164.25
PWST- ELECTRICAL WORK FOR BRINE
249714 12/31/2015 NORSTAR INDUSTRIES INC, 12/1/2015 52461 $77,856.00
PWST - BRINE EXTREME AUTOMATED
249714 12/31/2015 NORSTAR INDUSTRIES INC, 12/1/2015 52461 $7,396.32
Sales Tax
249921 1/15/2016 LOWE'S HIW INC, 12/23/2015 DECEMBER 2015 $274.29
PWST- DRYWALL AND SUPPLIES
MEDICAL SERVICES - CLAIMS $141,295.35
27284 12/18/2015 GROUP HEALTH, 12/17/2015 SF00027284 $29,094.91
FI -GH OPTIONS
Key Bank Page 19 of 58
Check No. Date Vendor
Invoice Date Invoice Description AmountGL Total
27283 12/18/2015 GROUP HEALTH,
27341 12/25/2015 GROUP HEALTH,
27342 12/25/2015 GROUP HEALTH,
27443 1/8/2016
27444 1/8/2016
27393 1/1/2016
27392 1/1/2016
31956 1/15/2016
677917 1/15/2016
GROUP HEALTH,
GROUP HEALTH,
GROUP HEALTH,
GROUP HEALTH,
GROUP HEALTH,
GROUP HEALTH,
12/17/2015
12/24/2015
12/24/2015
1/7/2016
1/7/2016
12/31/2015
12/31/2015
1/14/2016
1/14/2016
SF00027283
SF00027341
SF00027342
SF00027443
SF00027444
SF00027393
SF00027392
SF00027496
SF00027497
FI -GH COOPERATIVE
FI -GH COOPERATIVE
FI -GH OPTIONS
FI -GH COOPERATIVE
FI -GH OPTIONS
FI -GH OPTIONS
FI -GH COOPERATIVE
FI -GH COOPERATIVE
FI -GH OPTIONS
MILEAGE REIMBURSEMENT
249629 12/31/2015 ETTINGER, ROBERT 12/21/2015 ETTINGER 2015
PKDBC- MILEAGE REIMB
249571 12/31/2015 AHLBECK, STEVAN 12/14/2015 AHLBECK 2015
PKDBC- MILEAGE REIMBURSEMENT
249711 12/31/2015 NETIG, LLC,
249711 12/31/2015 NETIG, LLC,
502966 1/6/2016 US BANK,
502966 1/6/2016 US BANK,
249620
249620
249752
249752
249570
978194
978194
978194
978194
MINOR DP EQUIPMENT
11/24/2015 662005 -01
11/24/2015
12/31/2015
12/31/2015
IT -FIBER PATCH CABLE 10' LC -
662005 -01
Sales Tax
DECEMBER 2015
IT -SCORE FIBER CONNECT EQUIP
DECEMBER 2015
IT -1GB BASE LH SFP HP COMPATIB
MINOR DP SOFTWARE
12/31/2015 DAREL ROA PHOTOGRAPHY, 12/10/2015 15067
12/31/2015 DAREL ROA PHOTOGRAPHY, 12/10/2015
12/31/2015 SOLARWINDS WORLDWIDE L112/9/2015
12/31/2015 SOLARWINDS WORLDWIDE L112/9/2015
12/31/2015 AGRI SHOP INC,
1/6/2016
1/6/2016
1/6/2016
1/6/2016
US BANK,
US BANK,
US BANK,
US BANK,
15067
IN252337
IN252337
MINOR EQUIP -MISC
12/14/2015 41872/1
12/31/2015
12/31/2015
12/31/2015
12/31/2015
IT- GAC "COPYRIGHT RELEASE FOR
Sales Tax
IT- SOLARWINDS LOG & EVENT MAN
Sales Tax
PKM -MAINT SUPPLIES
DECEMBER 2015
PD -RADIO REPAIR
DECEMBER 2015
PD -GUN FOR STEWART
DECEMBER 2015
PD -GUN SIGHTS
DECEMBER 2015
PD -GUN LOCKERS
$1,810.07
$538.30
$21,386.77
$799.95
$19,255.61
$15,186.48
$1,199.15
$259.16
$51,764.95
$305.20
$57.34
$41.10
$3.90
$396.21
$149.95
$170.00
$16.15
$899.00
$85.41
$59.45
$430.34
$436.03
$1,211.97
$269.64
$362.54
$591.16
$1,170.56
$8,171.50
Key Bank Page 20 of 58
Check No. Date Vendor Invoice Date Invoice Description AmountGL Total
966484 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $32.96
SWM- SALMON TANK
966484 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $22.33
SWM -JOES CREEK MONITORING
966484 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $217.01
SWM- SALMON TANK SUPPLIES
966484 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $26.15
SWM- SALMON TANK SUPPLIES
249590 12/31/2015 BSN SPORTS, 12/7/2015 97458495 $781.14
PARKS - PROGRAM EQUIPMENT
249720 12/31/2015 O'REILLYAUTO PARTS, 11/15/2015 3710 - 477987 $3.27
PWST -DE -ICE PUMP BATTERY
249659 12/31/2015 IN -SITU INC, 11/24/2015 00101762 $309.35
SWM- DESICCANT REFILL /TWIST LOC
249720 12/31/2015 O'REILLYAUTO PARTS, 11/24/2015 3710 - 479893 $32.82
PWST -TOOLS TO INSTALL PLOW BIT
249686 12/31/2015 LOCATION TECHNOLOGIES IM1/24/2015 14484 $325.22
FLT -ELEC SVC
249714 12/31/2015 NORSTAR INDUSTRIES INC, 11/24/2015 52454 $113.56
PWST -PLOW MARKERS
249881 1/15/2016 GROSSNICKLE, TRACY 12/31/2015 GROSSNICKLE 2015 $121.84
PD -REIMB ANNIMAL KENNEL REPLAC
250005 1/15/2016 VERIZON WIRELESS, 12/13/2015 9757235928 $738.92
1T -12/15 DATA SVC
249888 1/15/2016 HOME DEPOT -DEPT 32- 2500712/31/2015 DECEMBER 2015 $110.51
PWST- EXTENSION CORDS FOR HEATE
249921 1/15/2016 LOWE'S HIW INC, 12/23/2015 DECEMBER 2015 $70.13
PWST- SUPPLIES TO PLUG IN TRUCK
249916 1/15/2016 LEED, 11/4/2015 11041503 $500.57
PD- PROJECTOR
249846 1/15/2016 CONFIDENTIAL PRACTICES 111/5/2015 113269 $837.00
PD -FOOT SEALER WITH CUTTER
249879 1/15/2016 GRAINGER INC, 3/4/2015 9682344800 $231.59
PKM -MAINT SUPPLIES
249604 12/31/2015 CESSCO -THE CUT &CORE ST(12/1/2015 363764 $189.81
SWM -CHAIN SAW
249996 1/15/2016 TIMCO INC, 12/30/2015 274432 $144.16
PWST -HOSE AND FITTING FOR BRIN
250035 1/15/2016 J & D'S HYDRAULIC & REPAIR1 /6/2016 33759 $815.78
SWM -METAL SAFETY CONE
250058 1/15/2016 TACOMA SCREW PRODUCTS 1/7/2016 13006607 $118.86
PWST -TIE DOWN CHAINS
250060 1/15/2016 TIMCO INC, 1/7/2016 274623 $21.09
PWST -CAP FOR FILL HOSE
MISC PROFESSIONAL SVS- INTERGOV
250011 1/15/2016 WA STATE PATROL, 12/30/2015 116002768 $204.00
HR- BACKGROUND CHECKS
250004 1/15/2016 VALLEY COMMUNICATIONS C12/22/2015 0016351 $2,878.39
PD -12/15 AG00 -090 EMER DISPATC
250011 1/15/2016 WA STATE PATROL, 1/5/2016 116004309 $60.00
HR -12/15 BACKGROUND CHECKS
$29,409.35
Key Bank Page 21 of 58
Check No. Date Vendor
249782 12/31/2015 WA STATE PATROL,
249672 12/31/2015 KING COUNTY FINANCE DIVIS11/30/2015
Invoice Date Invoice Description AmountGL Total
12/3/2015 116003546
249985 1/15/2016 TANG, FEI 12/31/2015
249895 1/15/2016 JAENICKE, MARY 12/31/2015
249898 1/15/2016 JONES, WARREN CASEY 12/31/2015
249812 1/15/2016 ALLEN, LYNETTE 12/31/2015
249847 1/15/2016 CONLEN, ISAAC 12/31/2015
249817 1/15/2016 APPLETON, WILLIAM SHAWN 12/31/2015
249889 1/15/2016 HOWELL, ADAM 12/31/2015
249870 1/15/2016 FIX, TAMARA 12/31/2015
249935 1/15/2016 NELSON, DOUG 12/31/2015
249828 1/15/2016 BRIZENDINE- JURGENSEN, JE12/31/2015
249880 1/15/2016 GREGORY, KRISTEN
249829 1/15/2016 BROWN, TOM
249837 1/15/2016 CHAPIN, BECKY
249852 1/15/2016 DUNNACHIE, HEATHER
249875 1/15/2016 GIAZZI, TIZIANA
249932 1/15/2016 MULLER, MYUNG -HEE
249922 1/15/2016 MATHENA, KATHY
249931 1/15/2016 MORALES, MICHAEL
249830 1/15/2016 BUCK, ROBYN
249928 1/15/2016 MILLER, STEVE
249883 1/15/2016 GUO, XIAO
249892 1/15/2016 HWANG, ANDY
249782 12/31/2015 WA STATE PATROL,
249673 12/31/2015 KING COUNTY RADIO,
12/31/2015
12/31/2015
12/31/2015
12/31/2015
12/31/2015
12/31/2015
12/31/2015
12/31/2015
12/31/2015
12/31/2015
12/31/2015
12/31/2015
12/15/2015 00059514
12/15/2015 10550
HR -11/15 BACKGROUND CHK
62590B
PW -SWM UTILITY BILLINGS PERPET
4TH QTR FWCC VISITS
PARKS -18 VISITS MET FWCC
4TH QTR FWCC VISITS
PARKS -18 VISITS MET FWCC
4TH QTR FWCC VISITS
PARKS -18 VISITS MET FWCC
4TH QTR FWCC VISITS
PARKS -18 VISITS MET FWCC
4TH QTR FWCC VISITS
PARKS -18 VISITS MET FWCC
4TH QTR FWCC VISITS
PARKS -18 VISITS MET FWCC
4TH QTR FWCC VISITS
PARKS -18 VISITS MET FWCC
4TH QTR FWCC VISITS
PARKS -18 VISITS MET FWCC
4TH QTR FWCC VISITS
PARKS -18 VISITS MET FWCC
4TH QTR FWCC VISITS
PARKS -18 VISITS MET FWCC
4TH QTR FWCC VISITS
PARKS -18 VISITS MET FWCC
4T1-1 QTR FWCC VISITS
PARKS -18 VISITS MET FWCC
4T1-1 QTR FWCC VISITS
PARKS -18 VISITS MET FWCC
4TH QTR FWCC VISITS
PARKS -18 VISITS MET FWCC
4TH QTR FWCC VISITS
PARKS -18 VISITS MET FWCC
4TH QTR FWCC VISITS
PARKS -18 VISITS MET FWCC
4TH QTR FWCC VISITS
PARKS -18 VISITS MET FWCC
4TH QTR FWCC VISITS
PARKS -18 VISITS MET FWCC
4TH QTR FWCC VISITS
PARKS -18 VISITS MET FWCC
4TH QTR FWCC VISITS
PARKS -18 VISITS MET FWCC
4TH QTR FWCC VISITS
PARKS -18 VISITS MET FWCC
4TH QTR FWCC VISITS
PARKS -18 VISITS MET FWCC
IT /PD -12/15 WSPACCESS FEES
IT -PD RADIO MAINT /REPAIR
$36.00
$15,481.30
$15.00
$15.00
$15.00
$15.00
$15.00
$15.00
$15.00
$15.00
$15.00
$15.00
$15.00
$15.00
$15.00
$15.00
$15.00
$15.00
$15.00
$15.00
$15.00
$15.00
$15.00
$15.00
$534.00
$9,885.66
Key Bank Page 22 of 58
Check No. Date Vendor Invoice Date Invoice Description AmountGL Total
MISC SERVICES & CHARGES $19,796.84
249794 12/31/2015 WILD WEST INTERNATIONAL 112/10/2015 8062 $72.21
PD- FIRING RANGE SERVICES
249716 12/31/2015 NORTHWEST CUSTOM APPAF12 /10/2015 92715 $522.99
PD- UNIFORMS
249716 12/31/2015 NORTHWEST CUSTOM APPAF12 /10/2015 92985 $91.33
PD- UNIFORMS
249918 1/15/2016 LEXISNEXIS RISK, 12/31/2015 1470204- 20151231 $249.66
PD -12/15 LEXIS NEXIS SVC
978194 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $50.00
PD -LANDS END LOGO SETUP
249671 12/31/2015 KING COUNTY FINANCE DIVI511/30/2015 69693 -69694 $96.68
PD -SAFE CITY PROGRAM
966484 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $110.00
PARKS -LGT RECERTS
966484 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $35.94
CC -NEW CC MEMBER SUPPLIES KOPP
978194 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $57.90
PD -TACO MOLLE POUCH
978194 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $234.00
PD -MAG POUCH
978194 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $33.00
PD- HANDCUFF TACO
978194 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $136.40
PD- BOTACH: MAGPUL
966484 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $6.00
PARKS - BRIDGE TOLL SR. TRIP
966484 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $500.00
MO-FW CARES FOR KIDS SPONSORSH
966484 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $- 1,054.50
PARKS - REFUND CLIPPER VACATION
250006 1/15/2016 VERIZON WIRELESS, 12/12/2015 9757117896 $63.02
PD -11/15 WATPA GRANT
249894 1/15/2016 IRON MOUNTAIN INFORMATIC12 /31/2015 MDD3002 $832.79
PD- STORAGE
249998 1/15/2016 TRANSUNION RISK &ALTERN1 /1/2016 837597 $110.00
PD -12/15 BACKGROUND CHECKS
249777 12/31/2015 VERIZON WIRELESS, 11/12/2015 9755477735 $63.02
PD -10/15 AUTO THEFT TASK FORCE
249634 12/31/2015 FEDERAL WAY INDOOR RANC12/8/2015 124 $328.50
PD- INDIVIDUAL RANGE USE
249735 12/31/2015 PRO - TOWAUBURN, 12/8/2015 129612 $340.19
PD- VEHICLE TOW
249683 12/31/2015 LEXISNEXIS RISK, 11/30/2015 1470204- 20151130 $249.66
PD -11/15 LEXIS NEXIS SVC
249674 12/31/2015 KING COUNTY RECORDS,ELE11 /24/2015 PRO -TEM OATH $2.00
MC= PRO -TEM OATH FWMC
249772 12/31/2015 UNIVERSAL PROTECTION SEI11/30/2015 1679353 $4,220.93
MC -GUARD SVC
249956 1/15/2016 PUBLIC SAFETY TESTING, 12/22/2015 2015 -6511 $1,875.00
PD- PUBLIC SAFETY TESTING SVC A
Key Bank Page 23 of 58
Check No. Date Vendor Invoice Date Invoice Description AmountGL Total
249839 1/15/2016 CITY OF UNIVERSITY PLACE, 10/15/2015 AR -2623 $1,189.31
PARKS -GROUP DINNER
249995 1/15/2016 THYSSENKRUPP ELEVATOR (11/1/2015 3002176091 $1,245.18
PARKS - ELEVATOR MAINT SVCS
249662 12/31/2015 IRON MOUNTAIN INFORMATIC11 /30/2015 MAM3842 $864.34
PD- STORAGE
249955 1/15/2016 PRO -TOW MAPLE VALLEY, 12/27/2015 129688 $194.39
PD- VEHICLE TOW SVC
249727 12/31/2015 PETEK, PHD, THOMAS C 11/30/2015 9088 $600.00
PD- PSYCHOLOGICAL EVAL STEWART/
249955 1/15/2016 PRO -TOW MAPLE VALLEY, 12/24/2015 129842 $242.99
PD- VEHICLE TOW SVC
250011 1/15/2016 WA STATE PATROL, 12/30/2015 116003081 $34.75
PD- BACKGROUND CHECKS
250011 1/15/2016 WA STATE PATROL, 12/30/2015 116002289 $347.50
PD -09/15 BACKGROUND CHECKS
250011 1/15/2016 WA STATE PATROL, 12/30/2015 116000677 $34.75
PD -08/15 BACKGROUND CHECKS
250056 1/15/2016 SPECIAL SERVICES GROUP L1/5/2016 8978 $1,200.00
PD- RENEWANNUAL COVERT TRACK
250022 1/15/2016 BORUCK PRINTING & SILKSCI12 /30/2015 4236 $367.16
CDHS -MLK 2016 YARD SIGNS
249986 1/15/2016 TERMINIX, 12/21/2015 351086911 $76.65
PARKS -PEST CONTROL
250025 1/15/2016 COMMISSION ON ACCREDITAI2 /10/2015 1NV20695 $4,065.00
PD -2016 CALEA CONTINUATION FEE
249856 1/15/2016 EQUIFAX CREDIT INFORMATI(12/17 /2015 9483162 $31.45
PD- CREDIT CHECK
249986 1/15/2016 TERMINIX, 12/14/2015 350362273 $76.65
PARKS -PEST CONTROL
NATURAL GAS $10,426.53
249957 1/15/2016 PUGET SOUND ENERGY INC, 12/24/2015 300000001978 $563.14
PKM -12/15 31104 28TH AVE S STL
249957 1/15/2016 PUGET SOUND ENERGY INC, 12/24/2015 300000001978 $1,375.66
PKDBC -12/15 3200 SW DASH PT RO
249957 1/15/2016 PUGET SOUND ENERGY INC, 12/24/2015 300000001978 $677.56
PKDBC -12/15 3200 SW DASH PT RO
249957 1/15/2016 PUGET SOUND ENERGY INC, 12/24/2015 300000001978 $478.81
PKM- 12/15 726 S 356TH BROOKLAK
249957 1/15/2016 PUGET SOUND ENERGY INC, 12/24/2015 300000001978 $99.38
PKM -12/15 31104 28TH AVE S HAU
249957 1/15/2016 PUGET SOUND ENERGY INC, 12/24/2015 300000001978 $6,815.33
FWCC -12/15 876 S 333RD 0008456
249957 1/15/2016 PUGET SOUND ENERGY INC, 12/24/2015 300000001978 $416.65
PKM -12/15 600 S 333RD EVID BLD
NON GOVT DP SERVICES $170,981.83
249686 12/31/2015 LOCATION TECHNOLOGIES IM2/1/2015 14488 $695.00
IT-PWAVL SYSTEM ANNUAL SUPPOR
249686 12/31/2015 LOCATION TECHNOLOGIES IM2/1/2015 14488 $66.03
Sales Tax
249751 12/31/2015 SOFTWAREONE INC, 7/12/2015 US -SCO- 460492 $777.38
IT -MS CORECALALNG SA MVL PLTF
Key Bank Page 24 of 58
Check No. Date Vendor
249751 12/31/2015 SOFTWAREONE INC,
249751 12/31/2015 SOFTWAREONE INC,
249751 12/31/2015 SOFTWAREONE INC,
249751 12/31/2015 SOFTWAREONE INC,
249751 12/31/2015 SOFTWAREONE INC,
249751 12/31/2015 SOFTWAREONE INC,
249751 12/31/2015 SOFTWAREONE INC,
249751 12/31/2015 SOFTWAREONE INC,
249751 12/31/2015 SOFTWAREONE INC,
249751 12/31/2015 SOFTWAREONE INC,
249751 12/31/2015 SOFTWAREONE INC,
249751 12/31/2015 SOFTWAREONE INC,
249751 12/31/2015 SOFTWAREONE INC,
249751 12/31/2015 SOFTWAREONE INC,
249751 12/31/2015 SOFTWAREONE INC,
249751 12/31/2015 SOFTWAREONE INC,
249751 12/31/2015 SOFTWAREONE INC,
249751 12/31/2015 SOFTWAREONE INC,
249751 12/31/2015 SOFTWAREONE INC,
249970 1/15/2016 SOFTWAREONE INC,
249970 1/15/2016 SOFTWAREONE INC,
249712 12/31/2015 NETMOTION WIRELESS INC,
249712 12/31/2015 NETMOTION WIRELESS INC,
249751 12/31/2015 SOFTWAREONE INC,
249751 12/31/2015 SOFTWAREONE INC,
249751 12/31/2015 SOFTWAREONE INC,
Invoice Date
7/12/2015
7/12/2015
7/12/2015
7/12/2015
7/12/2015
7/12/2015
7/12/2015
7/12/2015
7/12/2015
7/12/2015
7/12/2015
7/12/2015
7/12/2015
7/12/2015
7/12/2015
7/12/2015
7/12/2015
7/12/2015
7/12/2015
12/30/2015
12/30/2015
12/7/2015
12/7/2015
7/12/2015
7/12/2015
7/12/2015
Invoice
Description AmountGL Total
US -SCO- 460492
IT -MS CORECALALNG SA MVL PLTF
US -SCO- 460492
IT -MS CORECALALNG SA MVL PLTF
US -SCO- 460492
IT -MS OFFICEPROPLUS ALNG SA MV
US- SCO- 460492
IT -MS OFFICEPROPLUS ALNG SA MV
US -SCO- 460492
IT -MS OFFICEPROPLUS ALNG SA MV
US -SCO- 460492
IT -MS WINPRO W /MDOP ALNG SA MV
US -SCO- 460492
IT -MS WINPRO W /MDOP ALNG SA MV
US -SCO- 460492
IT -MS WINPRO W /MDOP ALNG SA MV
US -SCO- 460492
IT -MS EXCHGSVRSTD ALNG SA MVL,
US- SCO- 460492
IT -MS EXCHGSVRSTD ALNG SA MVL,
US- SCO- 460492
IT -MS EXCHGSVRSTD ALNG SA MVL,
US- SCO- 460492
IT -MS PRJCTALNG SA MVL, 076 -0
US -SCO- 460492
IT -MS PRJCTALNG SA MVL, 076 -0
US -SCO- 460492
IT -MS PRJCTALNG SA MVL, 076 -0
US -SCO- 460492
IT -MS PRJCTALNG LICSAPK MVL,
US -SCO- 460492
IT -MS PRJCTALNG LICSAPK MVL,
US -SCO- 460492
IT -MS PRJCTALNG LICSAPK MVL,
US -SCO- 460492
IT -MS SHAREPOINTSVR ALNG SA MV
US- SCO- 460492
IT -MS SHAREPOINTSVR ALNG SA MV
US- SCO- 468474
IT -SQL SERVER STANDARD CORE AL
US- SCO- 468474
Sales Tax
10028921
IT -PD 1 YEAR NETMOTION FOR 85
10028921
Sales Tax
US -SCO- 460492
IT -MS SQLSVRSTDCORE ALNG SA MV
US -SCO- 460492
IT -MS SQLSVRSTDCORE ALNG SA MV
US -SCO- 460492
IT -MS SQLSVRSTDCORE ALNG SA MV
$6,996.38
$7,773.74
$1,795.06
$16,155.46
$17,950.48
$795.83
$7,162.43
$7,958.24
$11.43
$102.89
$114.32
$10.61
$95.48
$106.09
$22.70
$204.29
$226.99
$54.86
$493.69
$6,365.38
$604.71
$1,700.00
$161.50
$173.75
$1,563.28
$1,736.79
Key Bank Page 25 of 58
Check No. Date Vendor Invoice Date Invoice Description AmountGL Total
249751 12/31/2015 SOFTWAREONE INC,
249751 12/31/2015 SOFTWAREONE INC,
249751 12/31/2015 SOFTWAREONE INC,
249751 12/31/2015 SOFTWAREONE INC,
249751 12/31/2015 SOFTWAREONE INC,
249751 12/31/2015 SOFTWAREONE INC,
249751 12/31/2015 SOFTWAREONE INC,
249751 12/31/2015 SOFTWAREONE INC,
249751 12/31/2015 SOFTWAREONE INC,
249751 12/31/2015 SOFTWAREONE INC,
249751 12/31/2015 SOFTWAREONE INC,
249751 12/31/2015 SOFTWAREONE INC,
249751 12/31/2015 SOFTWAREONE INC,
249751 12/31/2015 SOFTWAREONE INC,
249751 12/31/2015 SOFTWAREONE INC,
249751 12/31/2015 SOFTWAREONE INC,
249751 12/31/2015 SOFTWAREONE INC,
249751 12/31/2015 SOFTWAREONE INC,
249751 12/31/2015 SOFTWAREONE INC,
249751 12/31/2015 SOFTWAREONE INC,
249751 12/31/2015 SOFTWAREONE INC,
249751 12/31/2015 SOFTWAREONE INC,
249751 12/31/2015 SOFTWAREONE INC,
249751 12/31/2015 SOFTWAREONE INC,
249751 12/31/2015 SOFTWAREONE INC,
249751 12/31/2015 SOFTWAREONE INC,
7/12/2015
7/12/2015
7/12/2015
7/12/2015
7/12/2015
7/12/2015
7/12/2015
7/12/2015
7/12/2015
7/12/2015
7/12/2015
7/12/2015
7/12/2015
7/12/2015
7/12/2015
7/12/2015
7/12/2015
7/12/2015
7/12/2015
7/12/2015
7/12/2015
7/12/2015
7/12/2015
7/12/2015
7/12/2015
7/12/2015
US -SCO- 460492
IT -MS
US- SCO- 460492
IT -MS
US -SCO- 460492
IT -MS
US -SCO- 460492
IT -MS
US -SCO- 460492
IT -MS
US -SCO- 460492
IT -MS
US -SCO- 460492
IT -MS
US -SCO- 460492
IT -MS
US -SCO- 460492
IT -MS
US -SCO- 460492
IT -MS
US -SCO- 460492
IT -MS
US- SCO- 460492
IT -MS
US- SCO- 460492
IT -MS
US -SCO- 460492
IT -MS
US -SCO- 460492
IT -MS
US -SCO- 460492
IT -MS
US -SCO- 460492
IT -MS
US -SCO- 460492
IT -MS
US -SCO- 460492
IT -MS
US- SCO- 460492
IT -MS
US- SCO- 460492
IT -MS
US -SCO- 460492
IT -MS
US -SCO- 460492
IT -MS
US -SCO- 460492
IT -MS
US -SCO- 460492
IT -MS
US -SCO- 460492
IT -MS
SYSCTRSTD ALNG SA MVL 2P
SYSCTRSTD ALNG SA MVL 2P
SYSCTRSTD ALNG SA MVL 2P
SYSCTRDATACTR ALNG SA MV
SYSCTRDATACTR ALNG SA MV
SYSCTRDATACTR ALNG SA MV
VISIOPRO ALNG SA MVL, D8
VISIOPRO ALNG SA MVL, D8
VISIOPRO ALNG SA MVL, D8
VISIOPRO ALNG SASU MVL V
VISIOPRO ALNG SASU MVL V
VISIOPRO ALNG SASU MVL V
VISIOSTD ALNG SA MVL, D8
VISIOSTD ALNG SA MVL, D8
VISIOSTD ALNG SA MVL, D8
VSPROWMSDN ALNG SA MVL,
VSPROWMSDN ALNG SA MVL,
VSPROWMSDN ALNG SA MVL,
WINRMTDSKTPSRVCS CALALN
WINRMTDSKTPSRVCS CALALN
WINRMTDSKTPSRVCS CALALN
WINSVRDATACTR ALNG SA MV
WINSVRDATACTR ALNG SA MV
WINSVRDATACTR ALNG SA MV
WINSVRDATACTR ALNG SASU
WINSVRDATACTR ALNG SASU
$7.16
$64.40
$71.54
$19.42
$174.70
$194.06
$27.16
$244.30
$271.36
$4.69
$42.20
$46.87
$2.35
$21.10
$23.43
$45.64
$409.76
$455.01
$18.97
$170.31
$189.12
$199.38
$1,790.04
$1,987.74
$199.13
$1,787.81
Key Bank Page 26 of 58
Check No. Date Vendor Invoice Date Invoice Description AmountGL Total
249751 12/31/2015 SOFTWAREONE INC, 7/12/2015 US -SCO- 460492 $1,985.26
IT -MS WINSVRDATACTR ALNG SASU
249751 12/31/2015 SOFTWAREONE INC, 7/12/2015 US -SCO- 460492 $121.95
IT -MS WINSVRSTD ALNG SA MVL 2P
249751 12/31/2015 SOFTWAREONE INC, 7/12/2015 US -SCO- 460492 $1,094.91
IT -MS VVINSVRSTD ALNG SA MVL 2P
249751 12/31/2015 SOFTWAREONE INC, 7/12/2015 US- SCO- 460492 $1,215.84
IT -MS WINSVRSTD ALNG SA MVL 2P
249751 12/31/2015 SOFTWAREONE INC, 7/12/2015 US- SCO- 460492 $408.80
Sales Tax
249751 12/31/2015 SOFTWAREONE INC, 7/12/2015 US -SCO- 460492 $3,677.87
Sales Tax
249751 12/31/2015 SOFTWAREONE INC, 7/12/2015 US -SCO- 460492 $4,086.15
Sales Tax
249751 12/31/2015 SOFTWAREONE INC, 7/12/2015 US -SCO- 460492 $548.54
IT -MS SHAREPOINTSVR ALNG SA MV
249751 12/31/2015 SOFTWAREONE INC, 7/12/2015 US -SCO- 460492 $8.43
IT -MS SQLCAL ALNG SA DVCCAL, 3
249751 12/31/2015 SOFTWAREONE INC, 7/12/2015 US -SCO- 460492 $75.87
IT -MS SQLCALALNG SA DVCCAL, 3
249751 12/31/2015 SOFTWAREONE INC, 7/12/2015 US -SCO- 460492 $84.30
IT -MS SQLCALALNG SA DVCCAL, 3
249751 12/31/2015 SOFTWAREONE INC, 7/12/2015 US -SCO- 460492 $7.24
IT -MS SQLSVRSTD ALNG SA MVL, 2
249751 12/31/2015 SOFTWAREONE INC, 7/12/2015 US -SCO- 460492 $65.14
IT -MS SQLSVRSTD ALNG SA MVL, 2
249751 12/31/2015 SOFTWAREONE INC, 7/12/2015 US -SCO- 460492 $72.37
IT -MS SQLSVRSTD ALNG SA MVL, 2
502966 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $166.37
IT- DOMAIN RENEWAL
249917 1/15/2016 LEXISNEXIS, 12/31/2015 3090405150 $341.64
IT /LAVV -12/15 WEST LAW SVC-
250040 1/15/2016 NOWYR INC., 1/1/2016 10596 $160.00
IT -01/16 REDUNDANCY INTERNET S
250061 1/15/2016 VPCI, 11/13/2015 37008 $4,200.00
IT- LASERFICHE ANNUAL SUPPORTA
250061 1/15/2016 VPCI, 11/13/2015 37008 $1,040.00
IT- LASERFICHE FULL USER ANNUAL
250061 1/15/2016 VPCI, 11/13/2015 37008 $500.00
IT- LASERFICHE SNAPSHOT ANNUAL
250061 1/15/2016 VPCI, 11/13/2015 37008 $1,500.00
IT- LASERFICHE RETRIEVAL USER A
250061 1/15/2016 VPCI, 11/13/2015 37008 $390.00
IT- LASERFICHE IMPORT AGENT ANN
250061 1/15/2016 VPCI, 11/13/2015 37008 $120.00
IT- LASERFICHE QUICK FIELDS ANN
250061 1/15/2016 VPCI, 11/13/2015 37008 $33.00
IT- LASERFICHE SCAN CONNECT ANN
250061 1/15/2016 VPCI, 11/13/2015 37008 $120.00
IT- LASERFICHE REAL TIME LOOKUP
250061 1/15/2016 VPCI, 11/13/2015 37008 $1,590.00
IT- LASERFICHE WEB ACCESS ANNUA
Key Bank Page 27 of 58
Check No. Date Vendor Invoice Date Invoice Description AmountGL Total
250061 1/15/2016 VPCI, 11/13/2015 37008 $1,590.00
IT- LASERFICHE WEBLINKANNUAL S
250061 1/15/2016 VPCI, 11/13/2015 37008 $1,052.89
Sales Tax
250030 1/15/2016 EDEN SYSTEMS DIVISION, 12/1/2015 045 - 147599 $2,505.61
IT- CONTRACT NO FEDERAL WAY,
250030 1/15/2016 EDEN SYSTEMS DIVISION, 12/1/2015 045- 147599 $3,758.43
MAINTENANCE: START: 01 /JAN /201
250030 1/15/2016 EDEN SYSTEMS DIVISION, 12/1/2015 045 - 147599 $469.81
MAINTENANCE: START: 01 /JAN /201
250030 1/15/2016 EDEN SYSTEMS DIVISION, 12/1/2015 045 - 147599 $9,396.04
MAINTENANCE: START: 01 /JAN /201
250030 1/15/2016 EDEN SYSTEMS DIVISION, 12/1/2015 045- 147599 $5,637.63
MAINTENANCE: START: 01 /JAN /201
250030 1/15/2016 EDEN SYSTEMS DIVISION, 12/1/2015 045 - 147599 $939.61
MAINTENANCE: START: 01 /JAN /201
250030 1/15/2016 EDEN SYSTEMS DIVISION, 12/1/2015 045- 147599 $9,396.04
MAINTENANCE: START: 01 /JAN /201
250030 1/15/2016 EDEN SYSTEMS DIVISION, 12/1/2015 045 - 147599 $1,566,02
MAINTENANCE: START: 01 /JAN /201
250030 1/15/2016 EDEN SYSTEMS DIVISION, 12/1/2015 045- 147599 $5,011.25
MAINTENANCE: START: 01 /JAN /201
250030 1/15/2016 EDEN SYSTEMS DIVISION, 12/1/2015 045- 147599 $1,879.21
MAINTENANCE: START: 01 /JAN /201
250030 1/15/2016 EDEN SYSTEMS DIVISION, 12/1/2015 045 - 147599 $1,252.81
MAINTENANCE: START: 01 /JAN /201
250030 1/15/2016 EDEN SYSTEMS DIVISION, 12/1/2015 045 - 147599 $4,125.41
MAINTENANCE: START: 01 /JAN /201
250030 1/15/2016 EDEN SYSTEMS DIVISION, 12/1/2015 045- 147599 $3,660.66
FIXEDASSET SUPPORT MAINTENANC
250030 1/15/2016 EDEN SYSTEMS DIVISION, 12/1/2015 045 - 147599 $4,711.86
Sales Tax
250028 1/15/2016 DMX MUSIC, 1/1/2016 52146214 $72.43
IT -12/16 ALL DIGITAL MUSIC
OFFICE SUPPLIES $5,327.00
249845 1/15/2016 COMPLETE OFFICE, 12/15/2015 1304441 -0 $31.54
LAW - OFFICE SUPPLIES
249845 1/15/2016 COMPLETE OFFICE, 12/15/2015 1304659 -0 $17.54
PW- OFFICE SUPPLIES
249845 1/15/2016 COMPLETE OFFICE, 12/15/2015 1304659 -0 $1.67
Sales Tax
249845 1/15/2016 COMPLETE OFFICE, 12/16/2015 1305295 -0 $29.88
PD- OFFICE SUPPLIES
249845 1/15/2016 COMPLETE OFFICE, 12/18/2015 1306516 -0 $74.05
MO- OFFICE SUPPLIES
249845 1/15/2016 COMPLETE OFFICE, 12/21/2015 1307177 -0 $23.17
CC- OFFICE SUPPLIES
249975 1/15/2016 STAPLES BUSINESS ADVANTI12 /31/2015 8037385218 $15.07
MO- OFFICE SUPPLIES
249975 1/15/2016 STAPLES BUSINESS ADVANT /12 /31/2015 8037385218 $106.75
MO- OFFICE SUPPLIES
Key Bank Page 28 of 58
Check No. Date Vendor Invoice Date Invoice Description AmountGL Total
249975 1/15/2016 STAPLES BUSINESSADVANTF12/31 /2015 8037385218 $382.93
CD- OFFICE SUPPLIES
249975 1/15/2016 STAPLES BUSINESSADVANTF12/31 /2015 8037385218 $53.15
PD- OFFICE SUPPLIES
249975 1/15/2016 STAPLES BUSINESSADVANTF12 /31/2015 8037385218 $33.95
PD- OFFICE SUPPLIES
249975 1/15/2016 STAPLES BUSINESSADVANTF12 /31/2015 8037385218 $40.86
PD- OFFICE SUPPLIES
249975 1/15/2016 STAPLES BUSINESSADVANTF12 /31/2015 8037385218 $33.24
PD- OFFICE SUPPLIES
249975 1/15/2016 STAPLES BUSINESSADVANTF12 /31/2015 8037385218 $14.59
PD- OFFICE SUPPLIES
249845 1/15/2016 COMPLETE OFFICE, 12/31/2015 1302320 -0 $64.19
LAW - OFFICE SUPPLIES
502966 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $32.84
MO- OFFICE SUPPLIES
502966 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $24.04
CD- OFFICE SUPPLIES
502966 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $446.61
IT -PAINT FOR TRAINING ROOM
502966 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $19.80
CD- OFFICE SUPPLIES
502966 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $47.90
IT- LOGITECH MK320 USB
502966 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $103.51
PWST -RITE IN THE RAIN NOTEBOOK
502966 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $71.74
PWST- SUPPLIES FOR EMERGENCY BO
966484 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $60.18
FI -BID DOCS & SPECS MAILERS
249845 1/15/2016 COMPLETE OFFICE, 12/10/2015 1302465 -0 $116.72
CC- OFFICE SUPPLIES
249845 1/15/2016 COMPLETE OFFICE, 12/9/2015 1302136 -0 $75.88
PD- OFFICE SUPPLIES
249941 1/15/2016 OFFICE DEPOT, 12/8/2015 811104802001 $109.26
PD- OFFICE SUPPLIES
249897 1/15/2016 JOHNSON -COX COMPANY, 1/7/2016 00066510 $219.00
CD- BOOKLET ENVELOPES
249845 1/15/2016 COMPLETE OFFICE, 12/14/2015 1302465 -1 $7.36
CC- OFFICE SUPPLIES
249845 1/15/2016 COMPLETE OFFICE, 12/11/2015 C1296779 -0 $ -10.49
CC- OFFICE SUPPLIES RETURNED
249845 1/15/2016 COMPLETE OFFICE, 12/11/2015 C1302465 -0 $ -17.08
CC- RETURN OFFICE SUPPLEIS
249845 1/15/2016 COMPLETE OFFICE, 12/11/2015 1303247 -0 $3.21
PW- OFFICE SUPPLIES
249845 1/15/2016 COMPLETE OFFICE, 12/11/2015 1303330 -0 $105.71
PARKS- OFFICE SUPPLIES
249845 1/15/2016 COMPLETE OFFICE, 12/11/2015 1303143 -0 $36.42
PD- OFFICE SUPPLIES
249845 1/15/2016 COMPLETE OFFICE, 12/11/2015 1303247 -0 $3.21
PW OFFICE SUPPLIES
Key Bank Page 29 of 58
Check No. Date Vendor Invoice Date Invoice Description AmountGL Total
249845 1/15/2016 COMPLETE OFFICE, 12/11/2015 1303247 -0 $24.95
PW- OFFICE SUPPLIES
249845 1/15/2016 COMPLETE OFFICE, 12/11/2015 1303247 -0 $1.07
PW- OFFICE SUPPLIES
249845 1/15/2016 COMPLETE OFFICE, 12/11/2015 1303247 -0 $4.27
PW- OFFICE SUPPLIES
249763 12/31/2015 SYNERGY DATA SYSTEMS IN(12/7/2015 47646 $1,023.01
CDB -TONER
249783 12/31/2015 WA STATE SECRETARY OF ST12/11/2015 00005979 $57.60
HRCK- ARCHIVE BOXES
249619 12/31/2015 D J TROPHY, 12/9/2015 242319 $105.82
PWAD- DIRECTORS AWARD MATHENA D
249798 12/31/2015 WORKPOINTE, 12/22/2015 3028 $113.06
CD- MANILA FOLDERS
249680 12/31/2015 LARSON, DAVID A 12/17/2015 LARSON 2015 $101.16
MC- OFFICE SUPPLIES
249845 1/15/2016 COMPLETE OFFICE, 12/17/2015 1304558 -0 $12.33
CC- OFFICE SUPPLIES
249845 1/15/2016 COMPLETE OFFICE, 12/30/2015 1309048 -1 $6.15
CD- OFFICE SUPPLIES
249845 1/15/2016 COMPLETE OFFICE, 12/30/2015 1309996 -0 $9.53
HR- OFFICE SUPPLIES
249803 12/31/2015 PETTY CASH - FWCC, 12/31/2015 12/31/15 $4.37
PARKS -FRED MEYER PAINT PEN FOR
249845 1/15/2016 COMPLETE OFFICE, 11/19/2015 1294080 -2 $9.92
MC- OFFICE SUPPLIES
249845 1/15/2016 COMPLETE OFFICE, 12/1/2015 1297952 -0 $24.44
CC- OFFICE SUPPLIES
249845 1/15/2016 COMPLETE OFFICE, 12/2/2015 1298648 -0 $39.56
PW- OFFICE SUPPLIES
249845 1/15/2016 COMPLETE OFFICE, 12/2/2015 1298648 -0 $30.40
PW- OFFICE SUPPLIES
249845 1/15/2016 COMPLETE OFFICE, 12/2/2015 1298648 -0 $302.05
PW- OFFICE SUPPLIES
249845 1/15/2016 COMPLETE OFFICE, 12/2/2015 1298648 -0 $30.40
PW- OFFICE SUPPLIES
249845 1/15/2016 COMPLETE OFFICE, 12/22/2015 1307919 -0 $98.35
CD- OFFICE SUPPLIES
249845 1/15/2016 COMPLETE OFFICE, 12/2/2015 1298648 -0 522.80
PW- OFFICE SUPPLIES
249845 1/15/2016 COMPLETE OFFICE, 12/4/2015 1299570 -0 $84.83
MC- OFFICE SUPPLIES
249845 1/15/2016 COMPLETE OFFICE, 12/4/2015 1299796 -0 $415.82
CD- OFFICE SUPPLIES
249845 1/15/2016 COMPLETE OFFICE, 12/4/2015 1299796 -1 $77.30
CD- OFFICE SUPPLIES
249845 1/15/2016 COMPLETE OFFICE, 12/4/2015 1299950 -0 $1.69
CD- OFFICE SUPPLIES
249845 1/15/2016 COMPLETE OFFICE, 12/23/2015 1308223 -0 $13.30
MO /PACC- OFFICE SUPPLIES
249845 1/15/2016 COMPLETE OFFICE, 12/23/2015 1308223 -0 $13.91
MO /PACC- OFFICE SUPPLIES
Key Bank Page 30 of 58
Check No. Date Vendor Invoice Date Invoice
Description AmountGL Total
249845 1/15/2016 COMPLETE OFFICE, 12/28/2015 1309048 -0
249619 12/31/2015 D J TROPHY,
249767
249767
249894
249989
249989
250021
CD- OFFICE SUPPLIES
12/1/2015 242259
PARKS -NAMES PLATES /PLAQUES
OPERATING RENTALS /LEASES
12/31/2015 THE HUMANE SOCIETY FOR, 11/30/2015 IVC0001562
12/31/2015 THE HUMANE SOCIETY FOR, 11/30/2015 IVC0001567
1/15/2016 IRON MOUNTAIN INFORMATIC12 /31/2015 MDH5305
1/15/2016 THE HUMANE SOCIETY FOR, 12/31/2015 IVC0001577
1/15/2016 THE HUMANE SOCIETY FOR, 12/31/2015 IVC0001578
1/15/2016 BACM 2004 -1 320TH ST. S. LLC12/30/2015 CFW#123015
73960 1/12/2016
73960 1/12/2016
73960 1/12/2016
73960 1/12/2016
OTHER MISC REVENUE
WA STATE REVENUE DEPART12/31/2015 601- 223 -5385
WA STATE REVENUE DEPART12/31 /2015
WA STATE REVENUE DEPART12/31/2015
WA STATE REVENUE DEPART12 /31/2015
601 - 223 -5385
601 - 223 -5385
601 - 223 -5385
PD- BOARDING
PD -11/15 ANIMAL SHELTER SVC
HRCK- STORAGE FEES
PD -12/15 ANIMAL SHELTER SVC
PD -12/15 ANIMAL SHELTER SVC —
IT -2016 WIFI SITE LEASEAG15 -1
FI -12/15 ROUNDING
FI -12/15 REMIT SALES TAX
FI -12/15 REMIT SALES TAX
FI -12/15 REMIT SALES TAX FWCC
OTHER MISCELLANEOUS REVENUE
73960 1/12/2016 WA STATE REVENUE DEPART12 /31/2015 601 - 223 -5385
249803
249868
249803
249803
249803
249803
249803
502966
502966
502966
502966
OTHER OPERATING SUPPLIES
12/31/2015 PETTY CASH - FWCC, 12/31/2015 12/31/15
1/15/2016 FIRST STUDENT, INC, 12/31/2015
12/31/2015 PETTY CASH - FWCC, 12/31/2015
12/31/2015 PETTY CASH - FWCC, 12/31/2015
12/31/2015 PETTY CASH - FWCC, 12/31/2015
12/31/2015 PETTY CASH - FWCC, 12/31/2015
12/31/2015 PETTY CASH - FWCC, 12/31/2015
1/6/2016 US BANK, 12/31/2015
1/6/2016 US BANK, 12/31/2015
1/6/2016 US BANK, 12/31/2015
1/6/2016 US BANK, 12/31/2015
229 -C- 065775
12/31/15
12/31/15
12/31/15
12/31/15
12/31/15
FI -12/15 REMIT SALES TAX DBC
PARKS -HOME DEPOT JINGLE BELL B
PRCS -BUS SVC -CAMP ACTIVITIES A
PARKS - MICHAEL'S - CULTURES & C
PARKS - WALMART- JINGLE BELL BRU
PARKS -HOME DEPOT -PROPS JINGLE
PARKS -HOBBY LOBBY - FACEPAINTING
PARKS- LOWE'S SCREWS FOR TREE
DECEMBER 2015
IT -CONF PHONE CABLING
DECEMBER 2015
IT- CANAKIT 2.5A POWER SUPPLY
DECEMBER 2015
IT- RETURN CANAKIT 2.5A POWER S
DECEMBER 2015
CD- GRAFFITI SUPPILIES
$301.82
$18.69
$100.00
$4,524.13
$2,007.64
$3,269.67
$430.00
$4,152.00
$-0.01
$2,294.66
$- 1,474.44
$2,213.10
$- 5,364.70
$26.25
$857.00
$57.97
67.06
$3.26
$7.63
66.55
$34.04
$9.99
$ -9.99
$67.66
$14,483.44
$3,033.31
6-5,364.70
$8,694.71
Key Bank Page 31 of 58
Check No. Date Vendor Invoice Date Invoice Description AmountGL Total
502966 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $103.87
CD- GRAFFITI SUPPLIES
502966 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $3.46
CD- GRAFFITI SUPPLIES
978194 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $118.00
PD -TOTES FOR VEHICLES
978194 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $4.84
PD -LENSE CAP
978194 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $91.16
PD- HANDCUFF CABLES
978194 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $20.18
PD- BATTERIES FOR CAMERA
978194 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $32.84
PD- VERIZON PHONE HOLSTER HWANG
502966 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $8.74
SWR -GREEN HOLIDAY PROJECT SUPP
502966 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $8.72
SWR -GREEN HOLIDAY PROJECT SUPP
249707 12/31/2015 MOTOROLA INC, 12/4/2015 13090545 $500.00
IT -PD PORTABLE RADIOS CHARGERS
249707 12/31/2015 MOTOROLA INC, 12/4/2015 13090545 $47.50
Sales Tax
966484 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $30.31
PARKS - HOLIDAY CAMP SUPPLIES
966484 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $496.00
PARKS - HOLIDAY CAMP FIELD TRIP
966484 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $51.15
MO -EVENT SUPPLIES
966484 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $84.14
PARKS - SPLASH CAFE POS SYSTEM
966484 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $57.38
MO- OFFICE SUPPLIES
966484 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $22.00
PARKS - FANTASY LIGHTS TRIP
966484 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $20.79
MO- SUPPLIES FOR CHILI COOK OFF
966484 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $18.59
CC- GIVING TREE STAND
966484 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $21.86
CC- COUNCILMEMBER CELSKI RECEPT
966484 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $30.55
CC- COUNCILMEMBER CELSKI RECEPT
966484 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $21.42
PARKS -EAR PLUGS
966484 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $71.19
PARKS- HOLIDAY CAMP SUPPLIES
966484 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $540.45
MO- SEASONAL SUPPLIES /EVENT SUP
966484 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $55.00
PARKS - GARDEN LIGHTS TRIP
966484 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $16.05
PARKS -LEARN 4 LIFE SUPPLIES
Key Bank Page 32 of 58
Check No. Date Vendor Invoice Date
Invoice Description AmountGL Total
966484
966484
966484
966484
966484
966484
966484
249845
249845
249845
249888
249888
249631
249566
249631
249748
249676
249850
249850
249921
249631
249599
249850
249850
249850
249850
1/6/2016
1/6/2016
1/6/2016
1/6/2016
1/6/2016
1/6/2016
1/6/2016
1/15/2016
1/15/2016
1/15/2016
1/15/2016
1/15/2016
US BANK,
US BANK,
US BANK,
US BANK,
US BANK,
US BANK,
US BANK,
COMPLETE OFFICE,
COMPLETE OFFICE,
COMPLETE OFFICE,
12/31/2015
12/31/2015
12/31/2015
12/31/2015
12/31/2015
12/31/2015
12/31/2015
12/14/2015
12/14/2015
12/11 /2015
HOME DEPOT -DEPT 32- 2500712/31/2015
HOME DEPOT -DEPT 32- 2500712/31/2015
12/31/2015 EXCEL SUPPLY COMPANY, IN(12/7/2015
12/31/2015 AARO INC DBATHE LOCK SH(12 /9/2015
12/31/2015 EXCEL SUPPLY COMPANY, IN(12/10/2015
12/31/2015 SHERWIN- WILLIAMS CO, 12/11/2015
12/31/2015 KR, 12/17/2015
1/15/2016 COSTCO /HSBC BUSINESS S012/26/2015
1/15/2016 COSTCO /HSBC BUSINESS 5012/26/2015
1/15/2016 LOWE'S HIW INC, 12/23/2015
12/31/2015 EXCEL SUPPLY COMPANY, 1N112/2/2015
12/31/2015 CENTERSTAGE THEATRE AR112 /2/2015
1/15/2016
1/15/2016
1/15/2016
1/15/2016
COSTCO /HSBC BUSINESS SO12/26/2015
COSTCO /HSBC BUSINESS 5012/26/2015
COSTCO /HSBC BUSINESS S012/26/2015
COSTCO /HSBC BUSINESS S012/26/2015
DECEMBER 2015
PARKS - FLAGLER OVERNIGHT LODGIN
DECEMBER 2015
PARKS -ARTS COMM. BADGES
DECEMBER 2015
PARKS -BIN FOR ATHLETIC BALLS
DECEMBER 2015
PARKS - LAMINATOR
DECEMBER 2015
PARKS - LAMINATOR
DECEMBER 2015
PARKS- MEDALS FOR SPECIAL OLYMP
DECEMBER 2015
PARKS -TREE LIGHTING DECORATION
1303247 -1
1303330 -1
1303247 -0
SWM- OFFICE SUPPLIES
PARKS - OFFICE SUPPLIES
PW- OFFICE SUPPLIES
DECEMBER 2015
PARKS -JBB SUPPLIES
DECEMBER 2015
PARKS -JBB SUPPLIES
77443
0000007118
77496
2448 -0
INV- 016085
PWST -SAFTY VEST
PD- DUPLICATE KEY
SWM -VEST
PARKS - FACILITIES PAINT SUPPLIE
PWST- ENGINEERING DRAFTING SUPP
DECEMBER 2015
PARKS -JBB SUPPLIES
DECEMBER 2015
PD- BATTERIES /CLEANING SUPPLIES
DECEMBER 2015
PWST- SUPPLIES TO FIX OVEREHAD
77374
SWM- SAFETY VESTS FOR R. THOMAS
12012015 -0215
PARKS -TECH FOR DANCE RECITAL
DECEMBER 2015
PKDBC- SUPPLIES
DECEMBER 2015
CC- REFRESH & SUPPLIES FOR CELS
DECEMBER 2015
PKDBC- SUPPLIES HAD COUPON PRIC
DECEMBER 2015
MO- SUPPLIES FOR CHILI COOK OFF
$203.80
$18.69
$43.79
$55.68
$55.68
$311.66
$102.38
$8.31
$14.78
$26.23
$175.02
$83.17
$37.23
$28.14
$18.59
$177.83
$43.05
$133.36
$500.86
$15.56
$37.05
$180.00
$69.91
$44.31
$ -18.00
$17.37
Key Bank Page 33 of 58
Check No. Date Vendor Invoice Date Invoice Description AmountGL Total
249845 1/15/2016 COMPLETE OFFICE, 12/2/2015 1298648 -0
249954 1/15/2016 PROFORCE LAW ENFORCEMII2 /30/2015 260038
250012 1/15/2016 WA STATE SECRETARY OF ST12/31/2015 00006067
249803 12/31/2015 PETTY CASH - FWCC, 12/31/2015 12/31/15
249803 12/31/2015 PETTY CASH - FWCC, 12/31/2015 12/31/15
249803 12/31/2015 PETTY CASH - FWCC, 12/31/2015 12/31/15
249803 12/31/2015 PETTY CASH - FWCC, 12/31/2015 12/31/15
249803 12/31/2015 PETTY CASH - FWCC, 12/31/2015 12/31/15
249803 12/31/2015 PETTY CASH - FWCC, 12/31/2015 12/31/15
249803 12/31/2015 PETTY CASH - FWCC, 12/31/2015 12/31/15
249803 12/31/2015 PETTY CASH - FWCC, 12/31/2015 12/31/15
249803 12/31/2015 PETTY CASH - FWCC, 12/31/2015 12/31/15
250008 1/15/2016 VILMA SIGNS, 12/30/2015 1384
250048 1/15/2016 SAFECHECKS, 1/4/2016 0527792
250031 1/15/2016 EXCEL SUPPLY COMPANY, IN(1/4/2016 77773
249897 1/15/2016 JOHNSON -COX COMPANY, 12/19/2015 00066362
249897 1/15/2016 JOHNSON -COX COMPANY, 12/19/2015 00066362
249999 1/15/2016 UNITED GROCERS CASH & C/12/18/2015 127545
249999 1/15/2016 UNITED GROCERS CASH & C/12/16/2015 126491
249860 1/15/2016 EVIDENT CRIME SCENE PROt12/16/2015 100875A
249845 1/15/2016 COMPLETE OFFICE, 12/15/2015 1304659 -0
249845 1/15/2016 COMPLETE OFFICE, 12/15/2015 1304659 -0
PW- OFFICE SUPPLIES
PD -TAZER BATTERIES
PD- ARCHIVE BOXES
PARKS -JOANN FABRICS CULTURES &
PARKS - WALMART - CULTURES & CRA
PARKS - JESSI'S BILLIARDS - BILLIA
PARKS - DOLLAR TREE - JINGLE BEL
PARKS -LAKE TAPPS- JINGLE BELL B
PARKS - SAFEWAY -DANCE RECITAL IN
PARKS - SPIRIT HALLOWEEN PROPS F
PARKS -JO -ANN FABRICS MATERIAL
PARKS -JO -ANN CULTURES & CRAFTS
PARKS - SIGNSNEHICLE DECALS
F I -SAF EC H EC KS
PWST- SAFETY VESTS FOR GILLESPI
PARKS - ENVELOPES
PARKS - ENVELOPES
PARKS -F DUB SUPPLIES
PARKS -FLAG FOOTBALL SUPPLIES
PD- EVIDENCE PROCESSING SUPPLIE
Sales Tax
PKM- OFFICE SUPPLIES
$38.00
$1,276.16
$57.60
$4.59
$8.39
$6.58
$2.19
$20.79
$23.91
$2.72
$25.62
$48.61
$372.30
$20.76
$55.82
$210.79
$210.79
$3.89
$12.76
$209.32
$13.45
$141.61
OTHER TRAVEL EXPENSE
966484 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $45.00
CC- ELECTED OFFICIALS ESSENTIAL
966484 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $ -36.00
CC /ED- ANNUAL ECON MTG. DISCOUN
966484 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $45.00
CC- ASSEFA - DAWSON ELECTED ESSEN
$435.78
Key Bank Page 34 of 58
Check No. Date Vendor Invoice Date Invoice Description AmountGL Total
966484 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015
CC /ED- ANNUAL ECON MTG.
OTHER UTILITY EXPENDITURES
249957 1/15/2016 PUGET SOUND ENERGY INC, 12/21/2015 400001146614
PWST -FED WAY 1ST AVE S REMOVAL
$381.78
$3,175.85
$3,175.85
PARKING/TOLLS $48.90
978194 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $2.75
PD -GOOD TO GO TOLL NORMAN
978194 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $20.15
PD -RENT A CAR TOLLS
250044 1/15/2016 PURCELLA,ADRIENNE 1/5/2016 PURCELLA2015 $26.00
PD- PARKING REIMB FOR COURT
PD - CLAIMS AUTO $3,374.80
249747 12/31/2015 SETINA MANUFACTURING CO11/30/2015 111157
249587 12/31/2015 BOB BJORNEBY'S FEDERAL V10 /22/2015 15106994
249764 12/31/2015 SYSTEMS FOR PUBLIC SAFE112/15 /2015 28009
249587 12/31/2015 BOB BJORNEBY'S FEDERAL V12/24/2015 16990
249915 1/15/2016 LARSEN SIGN CO., 12/28/2015 19830
LAW -RM -PD 6054 VIELLE COL; RM-
LAW-RM PD6154 VS ROCK; PD -RM-
LAW-RM-PD 6510 REARENDED; RM -P
LAW -RM -PD 6510 REAR -END; RM -P
LAW- RMPD6054 DOOR; RMPD
$234.60
$1,604.69
$255.56
$1,044.74
$235.21
PD - CLAIMS GUPL $5,667.08
249778 12/31/2015 WA CITIES INSURANCEAUTH'12 /14/2015 DECEMBER 2015 $4,043.08
LAW-RM REIMB DED DE LATORRE -VS
249778 12/31/2015 WA CITIES INSURANCEAUTHI12 /14/2015 DECEMBER 2015 $1,624.00
LAW -RM- REIMB DED MARINOFF -VSW
PENDING FORFEITS /SEIZURES $2,686.65
249607 12/31/2015 CHRISTENSEN, JASON W1LLI /12 /28/2015 001 - 000098286 $75.00
PD- EVIDENCE RETURN 14 -14981
249651 12/31/2015 HAMMOND, MELANIE 12/22/2015 14 -6668 $230.00
PD- SEIZED MONEY RETURNED 14-66
249650 12/31/2015 HALVERSON, KJELLA 12/23/2015 HALVERSON 2015 $25.00
PD- RETURN MONEY SEIZED
249647 12/31/2015 GUYTON, CYNTHIA 12/18/2015 08 -3458 $1,390.00
PD- RETURN OF SEIZED CURRENCY
249603 12/31/2015 CERNIGLIA, MARK 12/22/2015 12 -10803 $100.00
PD- RETURN EVIDENCE 12 -10803
249906 1/15/2016 KNOX JR, THOMAS E 12/23/2015 07 -13735 $566.65
PD- RETURN SEIZED MONEY
250064 1/15/2016 WILLIAMSON- HOLBERT, BRAM /5/2016 15 -3525 $300.00
PD- RETURN MONEY SEIZED
PER DIEM MEALS $800.00
249936 1/15/2016 NELSON, JAMES 12/30/2015 NELSON 2015 $250.00
PD -FOOD FOR ADV. TRVL HAWAII
249596 12/31/2015 CASTRO, HEATHER 12/17/2015 CASTRO 2015 $275.00
PD -ADV TRAVEL FOOD CRIME SCENE
249698 12/31/2015 MCGOWAN, JULIE 12/17/2015 MCGOWAN 2015 $275.00
PD -ADV TRAVEL FOOD CRIME SCENE
POLICE SERVICES- 1NTGOVT $452,792.69
Key Bank Page 35 of 58
Check No. Date Vendor Invoice Date Invoice Description AmountGL Total
250051 1/15/2016 SCORE, 1/1/2016 1694 $446,511.17
PD -01/16 SCORE PRISONER LODGIN
249904 1/15/2016 KING COUNTY FINANCE DIVI£12/21/2015 2065239 $6,281.52
PD -MM/YY KING CO. PRISONER LOD
POSTAGE /DELIVERY SERVICES
250000 1/15/2016 UNITED PARCEL SERVICE, 12/19/2015 0000F6588V515 $28.65
PD- DOCUMENT DELIVERY SERVICE
249862 1/15/2016 FEDERAL EXPRESS CORPOR1/1/2016 5- 274 -65665 $50.43
IT- DOCUMENTS EXPRESS DELIVERY
502966 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $192.10
CD- PASSPORT MAILINGS
966484 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $31.91
PARKS - RETURN TONER
249567 12/31/2015 ABC LEGAL MESSENGERS INI11/30/2015 35550 $60.25
LAW - MNTHLY SRV CHRG; 11/28/15
249567 12/31/2015 ABC LEGAL MESSENGERS INI11/30/2015 35550 $60.25
LAW - MNTHLY SRV CHRG; 11/28/15
249730 12/31/2015 PITNEY BOWES PRESORT SV12/5/2015 4472132 $720.67
FI- POSTAGE
249730 12/31/2015 PITNEY BOWES PRESORT SV12 /5/2015 4472132 $1,056.98
FI- POSTAGE
249807 1/15/2016 ABC LEGAL MESSENGERS 1N112/28/2015 MMFWA000613 $62.50
LAW - MNTHLY SRV CHRG 12/28/15
249807 1/15/2016 ABC LEGAL MESSENGERS IN112/28/2015 MMFWA000613 $62.50
LAW - MNTHLY SRV CHRG 12/28/15
250000 1/15/2016 UNITED PARCEL SERVICE, 12/26/2015 0000F6588V525 $13.34
PD- DOCUMENT DELIVERY SERVICE
PRESCRIPTION SERVICES - CLAIMS $40,401.96
27392 1/1/2016 GROUP HEALTH, 12/31/2015 SF00027392 $1,263.30
FI -GH COOPERATIVE
27393 1/1/2016 GROUP HEALTH, 12/31/2015 SF00027393 $12,934.45
FI -GH OPTIONS
27283 12/18/2015 GROUP HEALTH, 12/17/2015 SF00027283 $928.65
FI -GH COOPERATIVE
27284 12/18/2015 GROUP HEALTH, 12/17/2015 SF00027284 $8,380.49
FI -GH OPTIONS
27341 12/25/2015 GROUP HEALTH, 12/24/2015 SF00027341 $462.76
FI -GH COOPERATIVE
27342 12/25/2015 GROUP HEALTH, 12/24/2015 SF00027342 $11,357.69
FI -GH OPTIONS
677917 1/15/2016 GROUP HEALTH, 1/14/2016 SF00027497 $5,014.22
FI -G1 OPTIONS
31956 1/15/2016 GROUP HEALTH, 1/14/2016 SF00027496 $60.40
FI -GH COOPERATIVE
PRINTING /PHOTO SERVICES $7,040.81
$2,339.58
249832 1/15/2016 CASCADE PRINTING DIRECT 112/18/2015 13681
249877 1/15/2016 GOS PRINTING CORPORATIO12 /18/2015 85301
250030 1/15/2016 EDEN SYSTEMS DIVISION, 1/4/2016 230404
PARKS - WAIVER FORMS
PD- PRINTING SERVICES
FI- SOFTWARE SERVICES
$240.90
$145.64
$256.06
Key Bank Page 36 of 58
Check No. Date Vendor Invoice Date Invoice Description AmountGL Total
249749 12/31/2015 SIR SPEEDY PRINTING #0905,12/15/2015 109761 $1,127.85
CDB- PRINTING SERVICES
249644 12/31/2015 GOS PRINTING CORPORATIO12 /15/2015 85224 $478.18
FI- PRINTING SERVICES
249740 12/31/2015 RR DONNELLEY, 12/9/2015 772528396 $341.12
FI- PRINTING SERVICES
249597 12/31/2015 CATERED PRINTING, 12/9/2015 8295 $1,199.03
SWR -COM. HAZARD WASTE MAILING
249644 12/31/2015 GOS PRINTING CORPORATIO12 /4/2015 85197 $648.37
PD- PRINTING SERVICES
966484 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $2,100.00
PARKS - ADVERTISING FOR CAMPS
966484 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $10.83
CC- HOLIDAY PHOTOS
249941 1/15/2016 OFFICE DEPOT, 12/24/2015 1881678389 $7.92
SWR- LAMINATE RECYCLING POSTERS
249953 1/15/2016 PRINT SOLUTIONS, INC, 12/30/2015 63259 $484.91
SWM- WATERLOG BOOKLETS
PROFESSIONAL SERVICES $479,408.25
249865 1/15/2016 FEDERAL WAY SYMPHONY, 12/30/2015 TEG FED WAY SYMPHONY $2,000.00
ED -TEG- MESSIAH CONCERT SERIES
249899 1/15/2016 K23 FASTPITCH USSSA, 12/30/2015 TEG K23 $3,000.00
ED- TEG -USSSA WA FASTPITCH
249946 1/15/2016 PACIFIC BONSAI MUSEUM, 12/30/2015 TEG PACIFIC BONSAI $500.00
ED -TEG -A BONSAI SOLSTICE
249834 1/15/2016 CENTERSTAGE THEATRE AR112 /29/2015 SLEEPING BEAUTY $1,900.00
PARKS - THEATRE PRODUCTIONS -
249834 1/15/2016 CENTERSTAGE THEATREAR112 /29/2015 AMERICAN ICON SERIES $1,900.00
PARKS - THEATRE PRODUCTIONS -
249993 1/15/2016 THUILLIER, JENNIFER 12/29/2015 201569 $60.00
SWR- PRINTING SERVICES
249934 1/15/2016 NAVIA BENEFIT SOLUTIONS, 12/31/2015 10038434 $184.40
HR -FLEX PLAN ADM SVCS AG12 -061
249866 1/15/2016 FEDERAL WAY YOUTH SYMPI-12/24/2015 2015 WINTER CONCERT $750.00
PARKS -2015 WINDER CONCERT
249963 1/15/2016 RSH GROUP, 12/23/2015 IAMC MTG $476.55
MO- CORPORATE HEADQUARTER /MAJOR
249599 12/31/2015 CENTERSTAGE THEATRE AR112/1/2015 12/01/15 $6,833.33
PARKS - THEATRE MANAG & OPERATIO
249583 12/31/2015 BEERY ELSNER & HAMMOND 12/1/2015 12680 $280.39
LAW -CABLE FRANCHISE NEGOTIATIO
250003 1/15/2016 VALBRIDGE PROPERTYADVI:12 /29/2015 14 -0150H $1,500.00
PWST -SR 99 APPRAISAL SVC AG15-
250003 1/15/2016 VALBRIDGE PROPERTY ADVI112 /29/2015 14 -01501 $1,350.00
PWST -SR 99 APPRAISAL SVC AG15-
249910 1/15/2016 KVASNYUK, NIKOLAY 12/29/2015 12/29/15 $110.00
MC -COURT INTERPRETER
249902 1/15/2016 KIM, CHUL JOON 12/29/2015 12/29/15 $100.00
MC- INTERPRETER SVC
249976 1/15/2016 STRINGFELLOW, MIGA 12/29/2015 12/29/15 $202.60
MC- INTERPRETER SVC
Key Bank Page 37 of 58
Check No. Date Vendor Invoice Date
Invoice Description AmountGL Total
249930
249745
249745
249745
249688
249950
249950
249950
249950
249950
249950
249950
249950
249950
249810
249810
249962
249580
249871
966484
249733
249704
249679
249625
249643
249758
1/15/2016 MONTES DE OCA RICKS, MAR12/29/2015
12/31/2015 SCHMITT GRAPHICS AND DE :12 /3/2015
12/31/2015 SCHMITT GRAPHICS AND DE :12/3/2015
12/31/2015 SCHMITT GRAPHICS AND DE :12/3/2015
12/31/2015 M J DURKAN INC,
1/15/2016
1/15/2016
1/15/2016
1/15/2016
1/15/2016
1/15/2016
1/15/2016
1/15/2016
1/15/2016
1/15/2016
1/15/2016
1/15/2016
12/29/15
1715
1716
1717
MC- INTERPRETER SVC
PARKS -ELEC. BOX ART
PARKS - AQUATIC CENTER BOX ART
PARKS -FISH BOX 336TH & 9TH
12/1/2015 DECEMBER 2015
MO- LOBBYIST SVC AG14 -145-
PIERCE COUNTY SECURITY 1112/4/2015
PIERCE COUNTY SECURITY 1112/4/2015
PIERCE COUNTY SECURITY 1112/4/2015
PIERCE COUNTY SECURITY 1112/4/2015
PIERCE COUNTY SECURITY 1112/4/2015
PIERCE COUNTY SECURITY 1112/4/2015
PIERCE COUNTY SECURITY 1112/4/2015
PIERCE COUNTY SECURITY 1112/4/2015
PIERCE COUNTY SECURITY 1112/4/2015
ALARM CENTERS /CUSTOM S112/21/2015
ALARM CENTERS /CUSTOM S112/21/2015
ROACH GYMNASTICS, 12/21/2015
12/31/2015 AUBURN YOUTH RESOURCE :4 /8/2015
1/15/2016 FLOYD, PFLUEGER & RINGER1 /6/2015
1/6/2016 US BANK,
302861
302925
302970
303023
303024
303074
303076
303091
303145
997919
997920
PKM -PARK CLOSING /SECURITY AG11
PKM -PARK CLOSING /SECURITY AG11
PKM -PARK CLOSING /SECURITY AG11
PKM -PARK CLOSING /SECURITY AG11
PKM -PARK CLOSING /SECURITY AG11
PKM -PARK CLOSING /SECURITY AG11
PKM -PARK CLOSING /SECURITYAG11
PKM -PARK CLOSING /SECURITY AG11
PKM -PARK CLOSING /SECURITY AG11
PKM - SECURITY CELEBRATION PARK
PKM -ALARM MONITORING /SERVICE
DECEMBER 2015
PRCS- GYMNASTICS LESSONS AGI2-1
1ST QTR 2015
CDCS- TREATMENT INTERVENTION &
43669
LAW -LEGAL SVCS AG13 -033-
12/31/2015 DECEMBER 2015
PARKS - PROFESSIONAL LICENSING F
12/31/2015 PROCERT LLC, 12/5/2015
12/31/2015 MILLS MEYERS SWARTLING F12/6/2015
12/31/2015 LANGUAGE LINE SERVICES, 111/30/2015
12/31/2015 EARTHCORPS,
12/31/2015 GOLDEN WOOD, LLP,
12/31/2015 STILES, JANETTE
11/30/2015
12/4/2015
12/3/2015
49633
5321 -008M
3732793
5465
15 -16
PRCS -2015 INSTRUCTOR FEES FOR
LAW- RM- GLIMBERG VSWAT 12/6/15
PD- LANGUAGE SVC
PKM -URBAN FORESTY SVCS AG13 -05
MO- CONFLICT DEFENDER SVC
STILES 2015
PARKS -ELEC BOX ART
$137.50
$749.66
$737.61
$813.23
$5,166.66
$150.00
$300.00
$150.00
$300.00
$150.00
$175.00
$150.00
$150.00
$150.00
$133.20
$133.20
$2,331.00
$1,236.05
$307.84
$795.00
$252.00
$3,024.00
$263.76
$3,347.95
$3,695.00
$400.00
Key Bank Page 38 of 58
Check No. Date Vendor Invoice Date Invoice Description AmountGL Total
249671 12/31/2015 KING COUNTY FINANCE DIVI511/30/2015 69693 -69694 $917.66
PD -SAFE CITY PROGRAM
249671 12/31/2015 KING COUNTY FINANCE DIVIE11/30/2015 69492 -69508 $848.39
PWTR -11/15 DISC INVOICE TRFFC-
978194 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $271.10
PD- EUTHANASIA FOR INJURED CANI
502966 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $3,925.00
HR- WELLNESS GIFT CARDS
250003 1/15/2016 VALBRIDGE PROPERTYADVI;12 /31/2015 14 -0150E $2,400.00
PWST -SR 99 APPRAISAL SVC AG15-
250003 1/15/2016 VALBRIDGE PROPERTYADVI:12 /31/2015 14 -0150F $1,200.00
PWST -SR 99 APPRAISAL SVC AG15-
249893 1/15/2016 INTERCOM LANGUAGE SVCS12/31/2015 • 15 -327 $1,158.75
MC- INTERPRETER SVC
249893 1/15/2016 INTERCOM LANGUAGE SVCS12/31/2015 15 -334 $100.00
MC- INTERPRETER SVC
249900 1/15/2016 KENYON DISEND, PLLC, 12/31/2015 183703 $5,611.35
LAW -LEGAL SVCS AG12 -032-
249914 1/15/2016 LANGUAGE LINE SERVICES, 112/31/2015 3751872 $287.66
PD- LANGUAGE LINE
249926 1/15/2016 MILES ABOVE FITNESS, 12/31/2015 DECEMBER 2015 $957.00
PARKS - PERSONAL TRAINING -
249960 1/15/2016 RASOR, EVA EDLA 12/31/2015 DECEMBER 2015 $483.00
FWCC - PERSONAL TRAINER SVC AG13
249834 1/15/2016 CENTERSTAGE THEATREAR112 /31/2015 TEG CENTER STAGE $2,000.00
ED -TEG- SLEEPING BEAUTY
249849 1/15/2016 CORNERSTONE MEDICAL SE112/31/2015 TEG CORNERSTONE $3,000.00
ED -TEG- STOMACH CANCER PREVENTI
249947 1/15/2016 PACIFIC NORTHWEST SWIMM12/31/2015 TEG PNW SWIMMING $10,000.00
ED- TEG- AT &TWINTER NATIONAL CHA
249992 1/15/2016 THE PLUMED HORSE STUDIOI2/31/2015 YAGER 2015 $250.00
PARKS - LOANED ART
249920 1/15/2016 LORAX PARTNERS LLC, 1/1/2016 PW -29 $33,191.05
PW -PACC PROJECT MANAGEMENT AG#
249876 1/15/2016 GOLDEN WOOD, LLP, 1/4/2016 15 -19 $3,000.00
MO- CONFLICT DEFENDER SVC
249815 1/15/2016 AMERICAN TRAFFIC SOLUTIC12 /31/2015 INV00021230 $52,250.00
MC -12/15 RED LIGHT PHOTO AG #15
249963 1/15/2016 RSH GROUP, 12/14/2015 1Qp79 $2,083.56
MO- CORPORATE HEADQUARTER /MAJOR
249891 1/15/2016 HUGHES, JOSHUA 12/31/2015 DECEMBER 2015 $2,529.00
FWCC- PERSONAL TRAINER SVC AG14
249969 1/15/2016 SHOOTING STARS, 12/31/2015 DECEMBER 2015 $636.00
FWCC- BASKETBALL TRNG SVC AG14-
249874 1/15/2016 G FORCE FITNESS LLC, 12/31/2015 DECEMBER 2015 $1,716.00
FWCC- PERSONAL TRAINER SVC AG13
249842 1/15/2016 CODE PUBLISHING COMPANYI /7/2016 51871 $439.10
HRCK- REVISED CODE
249838 1/15/2016 CHRISTIE LAW GROUP, LLC, 1/7/2016 6053 $16,967.23
LAW -LEGAL SERVICES AG13 -009-
249838 1/15/2016 CHRISTIE LAW GROUP, LLC, 1/7/2016 6054 $215.00
LAW -LEGAL SERVICES AG13 -009-
Key Bank Page 39 of 58
Check No. Date Vendor Invoice Date
Invoice Description AmountGLTotal
249842
249865
249715
249580
249668
249580
249569
249685
249685
249685
249750
249608
249784
249738
249701
249669
249734
249660
249774
249702
249762
249661
249654
249666
249694
249685
1/15/2016 CODE PUBLISHING COMPANYI /6/2016 51856
1/15/2016 FEDERAL WAY SYMPHONY, 1/12/2016
HRCK- REVISED CODE
DECEMBER 6, 2015
PRCS -2015 CONCERT SERIES-
12/31/2015 NORTHWESTARCHITECTURP9 /29/2015 2593
12/31/2015 AUBURN YOUTH RESOURCE :9 /30/2015
12/31/2015 KENT YOUTH & FAMILY SERVI10 /15/2015
12/31/2015 AUBURN YOUTH RESOURCE:7 /16/2015
12/31/2015 ADURO, INC,
12/31/2015 LMN ARCHITECTS,
12/31/2015 LMN ARCHITECTS,
12/31/2015 LMN ARCHITECTS,
PARKS - REPAIR OPERABLE PARTITIO
3RD QTR 2015
CDCS- TREATMENT INTERVENTION &
3RD QTR 2015
CD /CS- CLINICAL PROGRAMS FOR YO
2ND QTR 2015
CDCS- TREATMENT INTERVENTION &
11/1/2015 6534
11/10/2015 56861
11/10/2015 56862
11/10/2015 56863
12/31/2015 SKCSRA- SOCCER REFEREES11 /20/2015 453
12/31/2015 C -N -I LOCATES LTD, 11/16/2015
12/31/2015 WA. DEPT OF CORRECTIONS,11 /30/2015
12/31/2015 RENFRO, TAL
12/31/2015 MGT OF AMERICA, INC.,
12/31/2015 KENYON DISEND, PLLC,
12/7/2015
12/8/2015
11/30/2015
12/31/2015 PROFESSIONAL SV INDUSTRI11 /30/2015
12/31/2015 INSLEE, BEST, DOEZIER, 12/7/2015
12/31/2015 USSSA/SLO -PITCH SOFTBALL12 /9/2015
12/31/2015 MICROFLEX, 12/9/2015
12/31/2015 SUSAN AND GENE, 12/9/2015
12/31/2015 INTERCOM LANGUAGE SVCS 12/10/2015
12/31/2015 HDR ENGINEERING INC, 12/11/2015
12/31/2015 JG MCDONALD AND ASSOCIA12 /11/2015
12/31/2015 MCCARL, KIRSTEN 12/10/2015
12/31/2015 LMN ARCHITECTS,
19602
HR- WELLNESS PROG. SVCAG12 -128
PW -PACC PROJECT DESIGN AG #15 -0
PW -PACC PROJECT DESIGN AG #15 -0
PW -PACC PROJECT DESIGN AG #15 -0
PRCS- SOCCER REFEREESAG13 -122-
SWM -DBM PIPE INSTAL
1115.3 -16- KCWC -HQ
PD -11/15 WORK CREWAG10 -166
RENFRO 2015
PARKS - UTILITY ART PROJET MURAL
27470
183573
00408938
213070
833
00022165
0000001
15 -293
00469063 -H
1914
49317
12/10/2015 56951
MO- HIGHER ED. NEEDS ASSESSMENT
LAW -LEGAL SVCS AG12 -032-
PW -FED WAY PAEC INSPECTION SVC
PWST -HOV PH V LEGAL SVC AG14 -1
PARKS- LIABILITY INSURANCE
FI -TAX AUDIT PRG
PRCS -DANCE CLASSES AG #15 -173-
MC- INTERPRETER SVC
PW -COM EST & GEO CON FOR FED W
LAW -RM MARIA NAVCMO; RM -PBJ
PARKS- FRIENDSHIP THEATRE ACCOM
PW -PACC PROJECT DESIGN AG #15 -0
$1,398.32
$19,100.00
$721.61
$826.39
$7,785.00
$1,062.50
$1,552.00
$22,188.57
$4,400.00
$5,745.58
$2,656.50
$212.50
$75.00
$400.00
$3,340.00
$3,912.94
$510.00
$19,033.63
$200.00
$75.00
$380.00
$1,740.00
$2,685.23
$135.00
$420.00
$36,763.55
Key Bank Page 40 of 58
Check No. Date Vendor Invoice Date Invoice Description AmountGL Total
249685
249685
249621
249770
249692
249797
249670
249705
249691
249741
249641
249582
249589
249693
249665
249741
249664
249670
249705
249661
249616
249770
249786
249785
249670
249741
12/31/2015 LMNARCHITECTS,
12/31/2015 LMNARCHITECTS,
12/31/2015 DESNA SOCCER CLUB,
12/31/2015 TRINH, JAMES
12/31/2015 MAYBERRY, MITCHEL
12/31/2015 WITTY SCIENTISTS LLC,
12/31/2015 KIM, CHULJOON
12/10/2015 56952
12/10/2015 56953
12/15/2015
12/16/2015 12/16/15
12/16/2015
12/16/2015
12/15/2015
PW -PACC PROJECT DESIGN AG #15 -0
PW -PACC PROJECT DESIGNAG #15 -0
TEG DESNA SOCCER
ED- TEG -DESNA SOCCER CLUB
12/31/2015 MONTES DE OCA RICKS, MAR12/15/2015
12/31/2015 MAKSIMOV, YURI 12/15/2015
12/31/2015 SAFAROVA- DOWNEY, ALMIRA12/15/2015
12/31/2015 FULLER, MICHELLE M
12/31/2015 BASELINE INC,
12/31/2015 BRICKS 4 KIDZ,
12/31/2015 MCARDLE, JEFF
12/31/2015 JET CITIES CHORUS,
12/15/2015
12/15/2015
12/14/2015
12/12/2015
12/23/2015
12/31/2015 SAFAROVA - DOWNEY, ALMIRA12 /18/2015
12/31/2015 JANSSEN, FUMI 0. 12/18/2015
12/31/2015 KIM, CHUL JOON 12/18/2015
12/31/2015 MONTES DE OCA RICKS, MAR12/18/2015
12/31/2015 INTERCOM LANGUAGE SVCS 12/18/2015
12/31/2015 CRAZY QUILTERS OF FEDER/12/21/2015
12/31/2015 TRINH, JAMES
12/31/2015 WAI, DOREEN
12/31/2015 WAHI, PRAN
12/31/2015 KIM, CHULJOON
12/21/2015
12/21/2015
12/21/2015
12/22/2015
12/31/2015 SAFAROVA - DOWNEY, ALMIRA12/22/2015
MC- INTERPRETER SVC
NOVEMBER 2015
PRCS - MARTIALARTS CLASSES AG14
49676
12/15/15
12/15/15
12/15/15
12/15/15
12/15/15
2015 -4151
49498
49109
PARKS - SCIENCE EXPLORES CLASS
MC- INTERPRETER SVC
MC- INTERPRETER SVC
MC- INTERPRETER SVC
MC- INTERPRETER SVC
MC- INTERPRETER SVC
PARKS - BASEMANAGER PLUS SVC
PRCS -LEGO BRICKS CAMPS FOR CHI
PARKS -SANTA FOR JBB
FEBRUARY 2015
PARKS - SWEETIE PIE SOCIAL SHOW
12/18/15
12/18/15
12/18/15
12/18/15
15 -310
TEG -QUILT
12/21/15
12/21/15
12/21 /15
12/22/15
12/22/15
MC- INTERPRETER SVC
MC- INTERPRETER SVCS
MC- INTERPRETER SVC
MC- INTERPRETER SVC
MC- INTERPRETER SVC
ED -TEG- IMAGINATION QUILT SHOW
MC- INTERPRETER SVC
MC- INTERPRETER SVC
MC- INTERPRETER SVC
MC- INTERPRETER SVC
MC- INTERPRETER SVC
$2,401.39
$293.87
$4,500.00
$110.00
$710.40
$201.60
$100.00
$165.00
$110.00
$110.00
$130.00
$84.00
$820.05
$150.00
$1,500.00
$110.00
$110.00
$100.00
$110.00
$1,266.25
$1,989.77
$110.00
$100.00
$100.00
$100.00
$110.00
Key Bank Page 41 of 58
Check No. Date Vendor Invoice Date Invoice Description AmountGLTotal
249705 12/31/2015 MONTES DE OCA RICKS, MAR12/22/2015 12/22/15 $110.00
MC- INTERPRETER SVC
250052 1/15/2016 SESAC, 1/1/2016 4168681 $1,230.00
PARKS - ANNUAL MUSIC FEE
250033 1/15/2016 HAWKINS & CRAWFORD, PLL(1/4/2016 JANUARY 4, 2016 $31,850.00
MO -01/16 PUBLIC DEFENDER SVC A
250039 1/15/2016 MONTES DE OCA RICKS, MAR1/5/2016 01/05/16 $165.00
MC- INTERPRETER SVC
250017 1/15/2016 ABOU -ZAKI, KAMAL 1/5/2016 01/05/16 $100.00
MC- INTERPRETER SVC
249804 1/6/2016 BANNON CARLSON & KESSEL1 /5/2016 73419 $31,000.00
LAW -RM -2016 INS BROKER FEE
250038 1/15/2016 M J DURKAN INC, 1/1/2016 01/01/16 $5,166.66
MO- LOBBYIST SVC AG14 -145-
250018 1/15/2016 ALARM CENTERS /CUSTOM SI12/21/2015 997918 $66.60
PKDBC -ALARM MONITORING /SERVICE
249978 1/15/2016 SUMMIT LAW GROUP, 12/18/2015 76877 $319.00
LAW -LT. NEGOTIATION LEGAL SVC
249863 1/15/2016 FEDERAL WAY CHORALE, 12/15/2015 DECEMBER 2015 $2,250.00
PARKS- DECEMBER 2015 CONCERT
250036 1/15/2016 KIM, CHULJOON 1/12/2016 01/12/16 $100.00
MC- INTERPRETER SVC
250039 1/15/2016 MONTES DE OCA RICKS, MAR1/12/2016 1/12/16 $215.00
MC- INTERPRETER SVC
250039 1/15/2016 MONTES DE OCA RICKS, MAR1/7/2016 01/07/16 $110.00
MC- INTERPRETER SVC
250047 1/15/2016 SAFE CITY FEDERAL WAY, 1/8/2016 2016001 $37,500.00
PD -2016 SAFE CITY SUPPORTAG08
755018 1/15/2016 GROUP HEALTH, 1/11/2016 JANUARY 2016 $21,295.66
FI -GH ADMIN FEE OPTIONS
571533 1/15/2016 GROUP HEALTH, 1/11/2016 JANUARY 2016 $2,235.90
FI -GH ADMIN FEE HMO
PUBLIC UTILITY SERVICES $58.73
250023 1/15/2016 COMCAST OF WASHINGTON 11/1/2016 8498 34 0161554623 $58.73
PARKS -CABLE SVC
PUBLIC WORKS - INSPECTION DEPOT $2,700.00
249588 12/31/2015 BRANDON MEADOWS RM LLC12/16/2015 005- 00009189 $1,846.00
PW- PROJECT PERMIT 15- 102852 -EN
249588 12/31/2015 BRANDON MEADOWS RM LLC12/16/2015 005 - 00009189 $854.00
PW- PROJECT PERMIT 15- 102822 -EN
PURCHASE OF RESALE ITEMS $2,050.72
249592 12/31/2015 CAFE FONTE COFFEE COMPF11/10/2015 218775
249592 12/31/2015 CAFE FONTE COFFEE COMP/11/3/2015 218415
249803 12/31/2015 PETTY CASH - FWCC, 12/31/2015 12/31/15
249831 1/15/2016 CAFE FONTE COFFEE COMP/12/8/2015 220290
249831 1/15/2016 CAFE FONTE COFFEE COMPF12/28/2015 221458
FWCC -CAFE COFFEE SUPPLYAG14 -0
FWCC -CAFE COFFEE SUPPLYAG14 -0
PARKS - COSTCO - MILK FOR CAFE
FWCC -CAFE COFFEE SUPPLYAG14 -0
FWCC -CAFE COFFEE SUPPLY AG14 -0
$137.95
$48.24
$9.58
$255.33
$48.24
Key Bank
Page 42 of 58
Check No. Date Vendor Invoice Date Invoice Description AmountGL Total
249850 1/15/2016 COSTCO /HSBC BUSINESS SO12/26/2015 DECEMBER 2015 $ -26.93
PARKS -CAFE ITEMS RETURNED
249592 12/31/2015 CAFE FONTE COFFEE COMP112/1/2015 219843 $61.72
FWCC -CAFE COFFEE SUPPLYAG14 -0
249850 1/15/2016 COSTCO /HSBC BUSINESS SO12/26/2015 DECEMBER 2015 $302.54
PARKS -CAFE RESALE
249850 1/15/2016 COSTCO /HSBC BUSINESS SO12/26/2015 DECEMBER 2015 $382.13
PARKS -CAFE RESALE
249850 1/15/2016 COSTCO /HSBC BUSINESS 5012/26/2015 DECEMBER 2015 $356.41
PARKS -CAFE RESALE
249850 1/15/2016 COSTCO /HSBC BUSINESS SO12/26/2015 DECEMBER 2015 $284.32
PARKS -CAFE RESALE
249831 1/15/2016 CAFE FONTE COFFEE COMPF12/15/2015 220730 $70.90
FWCC -CAFE COFFEE SUPPLYAG14 -0
249831 1/15/2016 CAFE FONTE COFFEE COMP/12/21/2015 221136 $120.29
FWCC -CAFE COFFEE SUPPLYAG14 -0
PW - CLAIMS GUPL $4,868.84
249728 12/31/2015 PETERSEN BROTHERS INC, 11/21/2015 1518901 $2,069.74
LAW -RM -PW TREE VS GUARDRAIL; R
249778 12/31/2015 WA CITIES INSURANCE AUTH112/14/2015 DECEMBER 2015 $1,224.15
LAW -RM- REIMB DED REINECCIUS;
249581 12/31/2015 AULT ELECTRIC CO INC, 12/15/2015 15 -01- 210 -890 $1,574.95
LAW -RM -PW AULT ELECT RMPW -ST-
PW - CLAIMS PROPERTY
249671 12/31/2015 KING COUNTY FINANCE DIVI:11/30/2015 69691 -69692 $464.82
LAW -RSD FW -1762 RISK SR99 &S304
249948 1/15/2016 PETERSEN BROTHERS INC, 12/19/2015 1520101 $1,995.69
LAW -RM -PW GUARDRAIUMILTON RD;
PW INSPECTION FEES
249588 12/31/2015 BRANDON MEADOWS RM LLC12/16/2015 005- 00009189 $- 854.00
PW- PROJECT PERMIT 15- 102822 -EN
RENTAL OF FURNITURE /EQUIPMENT
249933 1/15/2016 NATIONAL CONSTRUCTION R12/10/2015 4320454 $129.21
PKM- STORAGE CONTAINER
249655 12/31/2015 HEAD - QUARTERS PTS, 11/30/2015 3540 -2 $578.75
PKM- SANICAN SVC AG12 -014-
249759 12/31/2015 SUNBELT RENTALS, 11/20/2015 56667817 -001 $542.71
PKM- DEMOLITION HAMMER RENTAL
249604 12/31/2015 CESSCO -THE CUT &CORE ST(11/24/2015 01- 24671 -0 $492.75
SWM- COMPACTOR FOR ERGO
249574 12/31/2015 ALLWEST UNDERGROUND INl11/9/2015 51862 $1,219.86
SWM -PIPE INSTALL
249689 12/31/2015 MACHINERY POWER & EQUIP11/2/2015 G1089802 $109.50
SWM- SPECIAL PROJECT DTP
249689 12/31/2015 MACHINERY POWER & EQUIP10/29/2015 G1089801 $6,385.80
SWM- EXCAVATOR RENTED BY SURFAC
249689 12/31/2015 MACHINERY POWER & EQUIP10/29/2015 G1089801 $606.65
Sales Tax
249689 12/31/2015 MACHINERY POWER & EQUIP11/10/2015 G1098801 $2,165.91
SWM - CONCRET PIPE INSTALL
249724 12/31/2015 PAPE MACHINERY INC, 9/29/2015 231254100 $1,181.52
SWM -JACK HAMMER ATTACHMENT
$2,460.51
$- 854.00
$23,832.86
Key Bank Page 43 of 58
Check No. Date Vendor Invoice Date
Invoice Description AmountGLTotal
249689
249689
249979
249884
249724
249724
249699
249951
249951
249951
249951
249951
249700
249879
249879
249879
249879
249879
249980
249921
249921
249921
249921
249921
249921
12/31/2015 MACHINERY POWER & EQUIP11/24/2015 T2140201
12/31/2015 MACHINERY POWER & EQUIP10/19/2015 G1085901
1/15/2016 SUNBELT RENTALS, 12/11/2015
1/15/2016 HEAD - QUARTERS PTS,
12/31/2015 PAPE MACHINERY INC,
12/31/2015 PAPE MACHINERY INC,
12/31/2015 MCMASTER -CARR,
1/15/2016
1/15/2016
1/15/2016
1/15/2016
1/15/2016
12/28/2015 .
12/3/2015
12/3/2015
SWM -TRASH PUMP
SWM -ERGO LID REPLACEMENT
57086880 -001
PKM- HAMMER RENTALS
3548 -2
211915200
211915800
REPAIR & MAINT SUPPLIES
12/3/2015 44794531
PLATT ELECTRIC SUPPLY, 12/24/2015
PLATT ELECTRIC SUPPLY, 12/24/2015
PLATT ELECTRIC SUPPLY, 12/25/2015
PLATT ELECTRIC SUPPLY, 12/23/2015
PLATT ELECTRIC SUPPLY, 12/23/2015
12/31/2015 MFCP, INC.,
1/15/2016
1/15/2016
1/15/2016
1/15/2016
1/15/2016
1/15/2016
1/15/2016
1/15/2016
1/15/2016
1/15/2016
1/15/2016
1/15/2016
GRAINGER INC,
GRAINGER INC,
GRAINGER INC,
GRAINGER INC,
GRAINGER INC,
5/8/2015
3/4/2015
12/3/2015
12/21/2015
12/21/2015
12/21/2015
SUPERLON PLASTICS INC, 12/22/2015
LOWE'S HIW INC,
LOWE'S HIW INC,
LOWE'S HIW INC,
LOWE'S HIW INC,
LOWE'S HIW INC,
LOWE'S HIW INC,
1434483
1437922
1441726
1414422
i421370
6023449
9682282638
9908324834
9922852802
9923159983
9923159991
15F3166
PKM - SANICAN SVC AG12 -014-
PWST -REACH FORKLIFT
PWST -MAN LIFT
PARKS -STEEL BINDING POST
PKM- ELECTRICAL SUPPLIES
PKM- ELECTRICAL SUPPLIES
PKM- ELECTRICAL SUPPLIES
pkm- ELECTRICAL SUPPLIES
PKM- ELECTRICAL SUPPLIES
PKM -PIPES
PKM -MAINT SUPPLIES
PARKS -MAINT SUPPLIES
PARKS -MAINT SUPPLIES
PARKS -MAINT SUPPLIES
PARKS -MAINT SUPPLIES
SWM- EROSION CONTROL PRODUCTS
12/23/2015 DECEMBER 2015
PKDBC - MAINT. SUPPLIES
12/23/2015 DECEMBER 2015
PKDBC - TOILET SUPPLIES
12/23/2015 DECEMBER 2015
CHB- CEILING TILES
12/23/2015 DECEMBER 2015
CHB- MAYORS OFFICE SUPPLIES
12/23/2015 DECEMBER 2015
PKM- CONCRETE BLOCK
12/23/2015 DECEMBER 2015
CHB -MAINT SUPPLIES
$1,129.11
$4,916.65
$253.43
$648.50
$2,268.01
$1,204.50
$92.33
$35.22
$6.59
$43.85
$210.33
$11.00
$53.50
$9.08
$116.13
$83.40
$73.12
$52.23
$140.53
$15.57
$12.98
$35.35
$3.68
$9.60
$62.28
$14,204.60
Key Bank Page 44 of 58
Check No. Date Vendor Invoice Date Invoice Description AmountGL Total
249921 1/15/2016 LOWE'S HIW INC, 12/23/2015 DECEMBER 2015 $16.72
CHB -MAYOR PLAQUE
249921 1/15/2016 LOWE'S HIW INC, 12/23/2015 DECEMBER 2015 $32.20
PWST -CHAIN SAW SUPPLIES
249921 1/15/2016 LOWE'S HIW INC, 12/23/2015 DECEMBER 2015 $43.58
PWST -HOSE HANGERS FOR MAINT YA
249921 1/15/2016 LOWE'S HIW INC, 12/23/2015 DECEMBER 2015 $6.12
PWST -PAINT FOR GRAFFITI REMOVA
249921 1/15/2016 LOWE'S HIW INC, 12/23/2015 DECEMBER 2015 $49.14
PKM -MAINT SUPPLIES
249921 1/15/2016 LOWE'S HIW INC, 12/23/2015 DECEMBER 2015 $7.68
CHB -MAINT SUPPLIES FOR COURT
249921 1/15/2016 LOWE'S HIW INC, 12/23/2015 DECEMBER 2015 $19.41
SWM- BOARDS TO REPLACE BOKEN FE
249921 1/15/2016 LOWE'S HIW INC, 12/23/2015 DECEMBER 2015 $16.30
PKM- TAPING KNIFE
249942 1/15/2016 ORCA PACIFIC INC, 12/30/2015 19273 $1,095.19
FWCC -POOL CHEMICAL SVC AG13 -00
249835 1/15/2016 CENTRAL WELDING SUPPLY 112/31/2015 01342362 $24.09
PKM -HE 300R
249879 1/15/2016 GRAINGER INC, 12/11/2015 9915455167 $118.26
PARKS -MAINT SUPPLIES
249888 1/15/2016 HOME DEPOT -DEPT 32- 2500712/31/2015 DECEMBER 2015 $31.30
CHB- MAINTENANCE SUPPLIES
249888 1/15/2016 HOME DEPOT -DEPT 32- 2500712/31/2015 DECEMBER 2015 $16.27
PKDBC- HOLIDAY LIGHTS
249888 1/15/2016 HOME DEPOT -DEPT 32- 25007112/31/2015 DECEMBER 2015 $17.48
SWM -TAP FOR GATE OPENERS
249888 1/15/2016 HOME DEPOT -DEPT 32-2500712/31/2015 DECEMBER 2015 $10.92
CHB -MAINT SUPPLIES
249888 1/15/2016 HOME DEPOT -DEPT 32- 2500712/31/2015 DECEMBER 2015 $31.58
SWM -BAR OIL FOR CHAINSAWS
249888 1/15/2016 HOME DEPOT -DEPT 32- 2500712/31/2015 DECEMBER 2015 $27.62
CHB -TOOLS FOR COURT
249888 1/15/2016 HOME DEPOT -DEPT 32- 2500712/31/2015 DECEMBER 2015 $49.67
PKM- STAKES
249888 1/15/2016 HOME DEPOT -DEPT 32- 2500712/31/2015 DECEMBER 2015 $8.65
CHB -MAYOR PLAQUE
249888 1/15/2016 HOME DEPOT -DEPT 32- 2500712/31/2015 DECEMBER 2015 $13.09
CHB- PICTURE HOOKS
249888 1/15/2016 HOME DEPOT -DEPT 32- 2500712/31/2015 DECEMBER 2015 $42.79
SWM - FURNACE AIR CLEANER
249888 1/15/2016 HOME DEPOT -DEPT 32- 2500712/31/2015 DECEMBER 2015 $34.38
CHB - BLINDS
249600 12/31/2015 CENTRAL WELDING SUPPLY 18/31/2015 01316092 $24.09
PKM -HE 300R
249600 12/31/2015 CENTRAL WELDING SUPPLY 111/30/2015 01335815 $24.09
PKM -HE 300R
249719 12/31/2015 ORCA PACIFIC INC, 12/8/2015 19029 $933.33
FWCC -POOL CHEMICAL SVC AG13 -00
249638 12/31/2015 FLOYD EQUIPMENT COMPAN'11 /4/2015 93033 $35.24
SWM -STOCK FOR SHOP
Key Bank Page 45 of 58
Check No. Date Vendor Invoice Date Invoice Description AmountGL Total
249761 12/31/2015 SUPERLON PLASTICS INC, 11/2/2015 15F2624 $2,031.97
SWM- CONCRETE PIPE
249648 12/31/2015 H B JAEGER CO LLC, 11/19/2015 14383/3 $4,339.34
SWM- TRENCH DRAIN
249768 12/31/2015 TIMCOINC, 11/17/2015 273219 $1,197.61
SWM -PUMP SUPPLY HOSE REPLACEME
249768 12/31/2015 TIMCO INC, 11/24/2015 273400 $61.81
SWM -HOSE FITTINGS
249720 12/31/2015 O'REILLYAUTO PARTS, 11/24/2015 3710 - 479881 $ -65.69
SWM- BATTERY CHARGER RETURN
249720 12/31/2015 O'REILLYAUTO PARTS, 11/24/2015 3710 - 479921 $13.68
SWM -PARTS FOR BATTERY CHARGER
249925 1/15/2016 MCMASTER -CARR, 12/10/2015 45282360 $54.93
PARKS -MAINT SUPPLIES
502966 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $361.02
PKM- FILLED SANDBAGS
502966 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $37.21
SWM- 3FTAUX CABLES
502966 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $4.98
SWM -CABLE ADAPTERS
502966 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $309.55
IT -SLED FOR MODEM CARD
502966 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $258.00
IT -SLED FOR MODEM CARD
502966 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $4.69
IT -WALL FILLER
502966 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $446.61
IT -PAINT FOR TRAINING ROOM
249618 12/31/2015 D & L SUPPLY AND MFG., INC,12/9/2015 314498 $8.50
PARKS - SLIPJOINT WASHER
249952 1/15/2016 PRAXAIR DISTRIBUTION INC, 12/20/2015 54470700 $27.21
PKM -CO2
249942 1/15/2016 ORCAPACIFICINC, 12/18/2015 14515 $1,061.06
FWCC -POOL CHEMICAL SVC AG13 -00
249991 1/15/2016 THE PART WORKS INC, 12/14/2015 417753 $73.77
CHB- FACILITY REPAIR SUPPLIES
249861 1/15/2016 EWING IRRIGATION PRODUC-12/15/2015 765594 $67.36
PKM - FLEXDRAIN
249980 1/15/2016 SUPERLON PLASTICS INC, 12/16/2015 15F3114 $37.48
PKM -HEAVY DUTY RISER
250053 1/15/2016 SHERWIN- WILLIAMS CO, 1/6/2016 3073 -5 $77.55
CHB- FACILITIES PAINT SUPPLIES
REPAIR PARTS $4,409.36
249879 1/15/2016 GRAINGER INC, 12/17/2015 9921020393 $97.33
PARKS -MAINT SUPPLIES
249577 12/31/2015 AQUIONICS INC, 12/9/2015 0029639 $714.50
PARKS- RECALIBRATED UV MONITOR
249640 12/31/2015 FREEWAY TRAILER SALES INI12/10/2015 135109 $208.91
FLT -PARTS
502966 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $6.45
FLT - ANTENNA ENDS
Key Bank Page 46 of 58
Check No. Date Vendor Invoice Date Invoice Description AmountGL Total
978194 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $20.97
PD- TRAILER LATCH
978194 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $657.26
PD -ELEC SUPPLIES
978194 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $200.00
PD- MOTORCYCLE BREAKS
978194 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $196.92
PD- TRAILER LATCH SUPPLIES
249809 1/15/2016 ADVANCED PRO FITNESS REI12/10/2015 12101501T $469.00
FWCC- FITNESS EQUIP. SVC AG11 -1
249585 12/31/2015 BLAKE COMPANY INC, 11/16/2015 73645 $267.88
PARKS- SERVICE /EQUIPMENT REPAIR
249585 12/31/2015 BLAKE COMPANY INC, 11/16/2015 73645 $267.88
PARKS - SERVICE /EQUIPMENT REPAIR
249577 12/31/2015 AQUIONICS INC, 10/29/2015 0029044 $538.15
PARKS -UV LIGHTS
250000 1/15/2016 UNITED PARCEL SERVICE, 12/12/2015 0000F80F48505 $49.26
PARKS - DOCUMENT DELIVERY SERVIC
249809 1/15/2016 ADVANCED PRO FITNESS REI12/22/2015 12221503L $170.00
FWCC- FITNESS EQUIP. SVC AG11 -1
249609 12/31/2015 COASTWIDE SUPPLY DBA, 12/2/2015 NW2828562- $6.70
PARKS - JANITORIAL SUPPLIES
249819 1/15/2016 AQUIONICS INC, 12/7/2015 0031375 -IN $538.15
PARKS -UV LIGHT RECALL
REPAIRS AND MAINTENANCE
249799 12/31/2015 WRIGHT ROOFING INC, 12/2/2015 11597 $295.65
PKDBC- RESEALED CAULKING
249965 1/15/2016 SCARFF FORD, 12/28/2015 23741 $749.34
PD- STEERING AND SUSPENSION
249982 1/15/2016 SYSTEMS FOR PUBLIC SAFE112/28/2015 28090 $378.61
PD -ELEC SVC.
249982 1/15/2016 SYSTEMS FOR PUBLIC SAFE112 /28 /2015 28091 $378.61
PD -ELEC SVC.
249973 1/15/2016 SPARKS CAR CARE, 12/28/2015 39353 $75.25
PD -ELEC /OIL
249896 1/15/2016 JGM TECHNICAL SERVICES IM2/28/2015 1811 $758.76
PKM -ON CALL ELECT SVC AG12 -036
249878 1/15/2016 GOSNEY MOTOR PARTS, 12/28/2015 673240 $28.34
FLT -ELEC SVC
250014 1/15/2016 WESTERN EQUIPMENT DISTF12 /4 /2015 793064 $21.92
FLT -PARTS
249973 1/15/2016 SPARKS CAR CARE, 12/24/2015 39337 $496.38
PD- OIL/WIPER BLADES /BRAKE SVC
249853 1/15/2016 EAGLE TIRE &AUTOMOTIVE (12/26/2015 1 -16701 $77.41
FLT -OIL CHANGE
249853 1/15/2016 EAGLE TIRE & AUTOMOTIVE (12 /26/2015 1 -16706 $88.92
FLT -OIL CHANGE
249853 1/15/2016 EAGLE TIRE &AUTOMOTIVE (12/26/2015 1 -16711 $108.41
FLT -ELEC SVC
249853 1/15/2016 EAGLE TIRE &AUTOMOTIVE (12/26/2015 1 -16712 $243.77
FLT -HOSES
$214,776.56
Key Bank Page 47 of 58
Check No. Date Vendor Invoice Date Invoice Description AmountGL Total
249853 1/15/2016 EAGLE TIRE &AUTOMOTIVE (12/22/2015 1 -16673 $234.55
FLT -HOSES
249809 1/15/2016 ADVANCED PRO FITNESS REI12/22/2015 12221503L $224.20
FWCC- FITNESS EQUIP. SVC AG11 -1
249873 1/15/2016 FREEWAY TRAILER SALES INI12/22/2015 135249 $139.79
FLT -PARTS
249994 1/15/2016 THUNDERING OAK ENTERPR112 /22 /2015 8033 $711.75
PKM -TREE SERVICE AG11 -003
250014 1/15/2016 WESTERN EQUIPMENT DISTF12/2/2015 791223 $142.30
FLT -MAJOR SVC
249973 1/15/2016 SPARKS CAR CARE, 12/21/2015 39319 $40.57
PD -OIL CHANGE
249973 1/15/2016 SPARKS CAR CARE, 12/21/2015 39320 $40.57
PD -OIL CHANGE
249921 1/15/2016 LOWE'S HIW INC, 12/23/2015 DECEMBER 2015 $41.57
PWST- HOLIDAY LIGHTS FOR ARBORS
249921 1/15/2016 LOWE'S HIW INC, 12/23/2015 DECEMBER 2015 $216.86
PWST- HOLIDAY LIGHTS FOR ARBORS
249921 1/15/2016 LOWE'S HIW INC, 12/23/2015 DECEMBER 2015 $18.66
FLT -PARTS
249853 1/15/2016 EAGLE TIRE &AUTOMOTIVE (12/23/2015 1 -16679 $180.44
FLT- BATTERY
249973 1/15/2016 SPARKS CAR CARE, 12/23/2015 39322 $733.90
PD- OIL/BRAKE SVC
249973 1/15/2016 SPARKS CAR CARE, 12/23/2015 39334 $275.19
PD- OILNVI PERS/TRANSMISSION
249873 1/15/2016 FREEWAY TRAILER SALES INI12/23/2015 135273 $17.48
FLT -JACK FOR SNOWPLOW
249982 1/15/2016 SYSTEMS FOR PUBLIC SAFE112/23/2015 28058 $55.79
PD -ELEC SVC.
249973 1/15/2016 SPARKS CAR CARE, 11/16/2015 39088 $40.58
PD -OIL CHANGE
249964 1/15/2016 RUBENSTEINS CONTRACT C/11/20/2015 55853 $13,963.58
PKDBC- CARPET
250013 1/15/2016 WASHDUP, LLC, 11/30/2015 155 &156 $623.38
PD -10/15 & 11/15 CAR WASH SERV
249924 1/15/2016 MCDONOUGH & SONS INC, 11/30/2015 205374 $15,758.67
SWM- STREET SWEEPING SVC AG14 -1
249973 1/15/2016 SPARKS CAR CARE, 11/30/2015 39179 $373.17
PD- OIL/WIPERS /BRAKE SVC
249987 1/15/2016 THE FAB SHOP LLC, 6/16/2015 22627 $191.45
PKM- REPLACE BROKEN OFF FLATBAR
249987 1/15/2016 THE FAB SHOP LLC, 8/4/2015 22851 $103.93
FLT - MUFFLER
250067 1/15/2016 GOODYEAR TIRE & SERVICE 11/4/2015 195 - 1127829 $248.66
FLT -TIRES
249949 1/15/2016 PETE'S TOWING SERVICE, 11/2/2015 386000 $361.35
FLT - VEHICLE TOW SVC
249965 1/15/2016 SCARFF FORD, 10/20/2015 20799 $38.40
PD -OIL CHANGE
249808 1/15/2016 ACTION SERVICES CORPORP11/30/2014 82835 $16,536.96
PWST -2013 STREET SWEEP SVC AG1
Key Bank Page 48 of 58
Check No. Date Vendor Invoice Date
Invoice Description AmountGL Total
249808
249739
249924
249943
249982
249943
249973
249973
249905
249943
249943
249943
249944
249973
249973
249973
249859
249882
249744
249689
249818
249818
249818
249818
250007
249887
1/15/2016 ACTION SERVICES CORPORA12/31/2014 83384
12/31/2015 RMC INC, 12/3/2015 49371
1/15/2016 MCDONOUGH & SONS INC, 12/30/2015 205367
1/15/2016 O'REILLYAUTO PARTS, 12/30/2015 2509 - 106942
1/15/2016 SYSTEMS FOR PUBLIC SAFE112/30/2015 28151
1/15/2016 O'REILLYAUTO PARTS, 12/30/2015 3710 - 487024
1/15/2016 SPARKS CAR CARE, 12/30/2015 39368
1/15/2016 SPARKS CAR CARE, 12/30/2015 39385
1/15/2016 KING COUNTY FLEET ADM DIP12/29/2015 211234
1/15/2016 O'REILLY AUTO PARTS, 12/29/2015 2509 - 106758
1/15/2016 O'REILLYAUTO PARTS, 12/29/2015 2509 - 106760
1/15/2016 O'REILLYAUTO PARTS, 12/29/2015 3710 - 486694
1/15/2016 OSAKA GARDEN SERVICE, 12/29/2015 37622
1/15/2016 SPARKS CAR CARE, 12/29/2015 39356
1/15/2016 SPARKS CAR CARE, 12/29/2015 39367
1/15/2016 SPARKS CAR CARE, 12/29/2015 39370
1/15/2016 EVERSON'S ECONO -VAC INC,12/30/2015 076471
1/15/2016 GUARDIAN SECURITY, 12/11/2015 625190
12/31/2015 SCARFF FORD, 10/8/2015 20114
12/31/2015 MACHINERY POWER & EQUIP10/13/2015
1/15/2016
1/15/2016
1/15/2016
1/15/2016
1/15/2016
1/15/2016
AQUA REE'S, FIRESIDE HEAR'1/12/2016
AQUA REE'S, FIRESIDE HEAR 1/12/2016
AQUA REE'S, FIRESIDE HEAR 1/12/2016
AQUA REE'S, FIRESIDE HEAR 1/12/2016
VERMEER NORTHWEST SALE1 /8/2016
HIS HANDS LAWN CARE & SE1/1/2016
PWST -2013 STREET SWEEP SVCAG1
PKM -FENCE POSTS
PKM- PARKING LOT CLEANING AG13-
FLT- DEICER
PD- INSTALL PUSH BUMPER
FLT - REFLECTORS
PD- OIL/TUNE -UP
PD- BATTERY
PWFLT -12/15 MATERIALS /SUPPLIES
FLT -OTHER NOT SPECIFIED
FLT -PARTS
FLT -ELEC SVC
PWST -ROW LANDSCAPING SVC AG14-
PD -OIL CHANGE
PD -OIL CHANGE
PD -OIL CHANGE
SWM- INFRASTRUCTURE MAINTAG13-
CHB -ALARM SVC
PD -OIL CHANGE
SECR0068267
FLT - RETURN PARTS
334609 -1
334609 -1
334609 -1
334609 -1
W04756
5593
PKDBC: QUADRAFIRE QF135 AFFIN
PKDBC: QUADRAFIRE QF135AFFIN
PKDBC: ELECTRICAL WIRING IN B
Sales Tax
FLT - CARBURATOR
FWCC- LANDSCAPE SERVICES AG15 -0
$14,802.24
$309.62
$925.17
$106.24
$283.96
$3.48
$514.44
$224.12
$119.25
$77.73
$15.76
$51.06
$362.12
$40.57
$40.78
$60.28
$4,284.77
$302.22
$33.38
$- 134.73
$3,199.00
$3,199.00
$2,255.00
$822.03
$2,462.51
$1,274.12
Key Bank Page 49 of 58
Check No. Date Vendor
249744
249594
249697
249595
249729
249630
249585
249585
249720
249720
249697
249731
249731
249754
249754
249720
249776
249776
249721
249754
249754
249602
249602
249602
249809
249940
12/31/2015 SCARFF FORD,
12/31/2015 CAR TOYS INC,
Invoice Date
8/5/2015 C62488
10/29/2015
Invoice Description AmountGL Total
12/31/2015 MCDONOUGH & SONS INC, 10/31/2015
12/31/2015 CAR WASH ENTERPRISES, 10/31/2015
12/31/2015 PIRTEK KENT, 11/12/2015
12/31/2015 EVERSON'S ECONO -VAC INC,11/13/2015
12/31/2015 BLAKE COMPANY INC,
12/31/2015 BLAKE COMPANY INC,
12/31/2015 O'REILLY AUTO PARTS,
12/31/2015 O'REILLY AUTO PARTS,
11/16/2015
11/16/2015
11/15/2015
11/15/2015
12/31/2015 MCDONOUGH & SONS INC, 11/23/2015
12/31/2015 POWERSPORTS NORTHWES111 /21/2015
12/31/2015 POWERSPORTS NORTHWES111 /21/2015
12/31/2015 SPARKS CAR CARE,
12/31/2015 SPARKS CAR CARE,
12/31/2015 O'REILLY AUTO PARTS,
12/31/2015 VADIS NORTHWEST,
12/31/2015 VADIS NORTHWEST,
12/8/2015
12/8/2015
12/8/2015
11/30/2015
11/30/2015
12/31/2015 OSAKA GARDEN SERVICE, 12/7/2015
12/31/2015 SPARKS CAR CARE,
12/31/2015 SPARKS CAR CARE,
12/31/2015 CERIUM NETWORKS INC,
12/31/2015 CERIUM NETWORKS INC,
12/31/2015 CERIUM NETWORKS INC,
12/7/2015
12/7/2015
11/30/2015
11/30/2015
11/30/2015
1/15/2016 ADVANCED PRO FITNESS REI12/10/2015
1/15/2016 NORSTAR INDUSTRIES INC, 12/10/2015
PD -ELEC SVC
10235FWMOYX
FLT -ELEC SVC
204346
3002
S2191507.001
076275
73645
73645
3710 - 477984
3710 - 477992
204595
93721277
93721278
39231
39233
2509- 103653
20814
20814
37500
39216
39218
050967
050967
050967
12101501T
52511
SWM- STREET SWEEPING SVC AG14 -1
PD -10/15 VEHICLE CLEANING SVC
FLT - HOSES, COUPLINGS, O =RINGS
SWM- INFRASTRUCTURE MAINTAG13-
PARKS- SERVICE /EQUIPMENT REPAIR
PARKS - SERVICE /EQUIPMENT REPAIR
FLT - BATTERY FOR WATER PUMP
FLT - REFUND CORE CHARGE FOR PUM
PKM- PARKING LOT CLEANINGAG13-
PD -ELEC SVC
PD -ELEC SVC
PD -OIL CHANGE
PD -OIL CHANGE
FLT -WIPER BLADES
SWR- LITTER CONTROL PROG. AG14-
SWR- LITTER CONTROL PROG. AG14-
PWST -ROW LANDSCAPING SVC AG14-
PD -OIL CHANGE /BRAKE SVC
PD -OIL CHANGE
IT- PHONENOICE MAIL SYSTEM MAI
IT- PHONENOICE MAIL SYSTEM MAI
IT- PHONENOICE MAIL SYSTEM MAI
FWCC- FITNESS EQUIP. SVC AG11 -1
FLT -HOSES
$517.21
$1,715.95
$6,744.36
$55.00
$173.87
$9,219.50
$268.26
$268.28
$136.21
$ -24.09
$925.17
$129.60
$129.60
$40.57
$73.42
$15.40
$4,120.56
$127.44
$13,851.77
$335.60
$40.57
$77.97
$494.11
$416.14
$258.08
$26.28
Key Bank Page 50 of 58
Check No. Date Vendor Invoice Date Invoice Description AmountGL Total
250007 1/15/2016 VERMEER NORTHWEST SALE12/7 /2015 W04729 $611.28
FLT -MAJOR SVC
249746 12/31/2015 SECOMA FENCE INC, 12/4/2015 11039 $1,525.00
SWM -CITY POND FENCE REPAIR FRO
249746 12/31/2015 SECOMA FENCE INC, 12/4/2015 11039 $1,275.00
REPAIR OF CHAIN LINK FENCE DAM
249746 12/31/2015 SECOMA FENCE INC, 12/4/2015 11039 $266.00
Sales Tax
249775 12/31/2015 UTILITIES UNDERGROUND, 11/30/2015 5110128 $241.23
SWM- LOCATING SVC AG13 -018-
249570 12/31/2015 AGRI SHOP INC, 11/30/2015 41679/1 $260.91
FLT -MAJOR SVC
502966 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $345.49
FLT -CB RADIOS WITH ANTENA
502966 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $- 196.81
FLT - RETURN CB RADIOS
249924 1/15/2016 MCDONOUGH & SONS INC, 12/31/2015 205375 $15,758.67
SWM- STREET SWEEPING SVC AG14 -1
250002 1/15/2016 VADIS NORTHWEST, 12/31/2015 20880 $4,004.16
SWR- LITTER CONTROL PROG. AG14-
250002 1/15/2016 VADIS NORTHWEST, 12/31/2015 20880 $123.84
SWR- LITTER CONTROL PROG. AG14-
249973 1/15/2016 SPARKS CAR CARE, 12/31/2015 39340 $426.29
PD- REPLACE TURBO CHARGED HOLE
249943 1/15/2016 O'REILLYAUTO PARTS, 12/31/2015 3710 - 487182 $6.56
FLT -ELEC SVC
249754 12/31/2015 SPARKS CAR CARE, 12/9/2015 39230 $212.22
PD- OIUALTERNATOR
249754 12/31/2015 SPARKS CAR CARE, 12/9/2015 39237 $171.51
PD- OIUELEC SVC
249754 12/31/2015 SPARKS CAR CARE, 12/9/2015 39245 $181.01
PD- OIUELEC
249754 12/31/2015 SPARKS CAR CARE, 12/9/2015 39246 $40.57
PD -OIL CHANGE
249754 12/31/2015 SPARKS CAR CARE, 12/9/2015 39250 $40.57
PD -OIL CHANGE
249697 12/31/2015 MCDONOUGH & SONS INC, 12/10/2015 204813 $190.97
PKM- PARKING LOT CLEANINGAG13-
249624 12/31/2015 EAGLE TIRE &AUTOMOTIVE (12/10/2015 1 -16490 $21.68
FLT -BODY WORK
249754 12/31/2015 SPARKS CAR CARE, 12/11/2015 39267 $72.38
PD- OIUELEC SVC
249754 12/31/2015 SPARKS CAR CARE, 12/11/2015 39269 $39.64
PD -OIL CHANGE
249624 12/31/2015 EAGLE TIRE & AUTOMOTIVE (12/12/2015 1 -16528 $48.13
FLT -OIL CHANGE
249624 12/31/2015 EAGLE TIRE & AUTOMOTIVE (12/12/2015 1 -16529 $55.79
FLT -OIL CHANGE
249754 12/31/2015 SPARKS CAR CARE, 12/15/2015 39274 $698.49
PD -D IAG /B RAKES/TRANS /ALIGN/TI R
249754 12/31/2015 SPARKS CAR CARE, 12/15/2015 39285 $40.57
PD -OIL CHANGE
Key Bank
Page 51 of 58
Check No. Date Vendor Invoice Date Invoice Description AmountGLTotal
249754 12/31/2015 SPARKS CAR CARE, 12/15/2015 39288 $76.90
PD -OIL CHANGE
249624 12/31/2015 EAGLE TIRE &AUTOMOTIVE (12/16/2015 1 -16578 $553.70
FLT - BATTERY /ELEC SVC
249624 12/31/2015 EAGLE TIRE & AUTOMOTIVE (12/16/2015 1 -16578 $52.60
Sales Tax
249645 12/31/2015 GRAINGER INC, 12/16/2015 9919972399 $50.15
FLT -PARTS
249764 12/31/2015 SYSTEMS FOR PUBLIC SAFE112/16/2015 28035 $47.33
PD -ELEC SVC
249754 12/31/2015 SPARKS CAR CARE, 12/16/2015 39266 $1,063.02
PD- DIAG /ELEC /HEATING /ENGINE WO
249579 12/31/2015 ARC IMAGING RESOURCES, 12/17/2015 A19986 $92.60
IT -OCE PLOTTER SYSTEM MAINTAG
249566 12/31/2015 AARO INC DBATHE LOCK SH112/17/2015 0000007302 $15.22
PD- DUPLICATE KEY
249764 12/31/2015 SYSTEMS FOR PUBLIC SAFE112/17/2015 28088 $365.57
PD -ELEC SVC
249764 12/31/2015 SYSTEMS FOR PUBLIC SAFE112/17/2015 28111 $23.66
PD -ELEC SVC
249746 12/31/2015 SECOMA FENCE INC, 12/15/2015 11055 $925.18
PKM- REPLACE FENCE POSTS
249769 12/31/2015 TITUS -WILL FORD SLS INC, 12/14/2015 112839F $75.97
FLT -BODY WORK
249744 12/31/2015 SCARFF FORD, 12/15/2015 23326 $164.82
PD -ELEC SVC
249764 12/31/2015 SYSTEMS FOR PUBLIC SAFE112/15/2015 27955 $28.40
PD -ELEC SVC
249764 12/31/2015 SYSTEMS FOR PUBLIC SAFE112 /15/2015 28005 $436.05
PD -ELEC SVC
249754 12/31/2015 SPARKS CAR CARE, 12/14/2015 39264 $464.08
PD- OIUALIGNMENT/TIRES /BRAKES
249754 12/31/2015 SPARKS CAR CARE, 12/14/2015 39275 $82.48
PD- OIUELEC SVC
249754 12/31/2015 SPARKS CAR CARE, 12/14/2015 39276 $54.80
PD -OIL CHANGE
249572 12/31/2015 AIRTECH HEATING & COOLIN(12/22/2015 5583 $9,130.80
PKDBC: FUJITSU MINI SPLIT 2 Z
249572 12/31/2015 AIRTECH HEATING & COOLIN■12/22/2015 5583 $9,130.80
PKDBC: FUJITSU MINI SPLIT 2 Z
249572 12/31/2015 AIRTECH HEATING & COOLIN(12/22/2015 5583 $18,200.00
PKDBC: FUJITSU MINI SPLIT SIN
249572 12/31/2015 AIRTECH HEATING & COOLIN(12/22/2015 5583 $3,427.39
Sales Tax
249572 12/31/2015 AIRTECH HEATING & COOLIN(12/22/2015 5584 $927.90
PKDBC - REPLACE ELEC HEATER
249755 12/31/2015 SPEEDY GLASS - TACOMA, 12/18/2015 9185- 1502560 $1,884.70
PKDBC -DUMAS WINDOW
249624 12/31/2015 EAGLE TIRE &AUTOMOTIVE (12/19/2015 1 -16629 $743.61
FLT -BRAKE SVC
249624 12/31/2015 EAGLE TIRE & AUTOMOTIVE (12/19/2015 1 -16634 $55.79
FLT -OIL CHANGE
Key Bank Page 52 of 58
Check No. Date Vendor Invoice Date Invoice Description AmountGL Total
250069 1/15/2016 JENCO BUILDING SERVICES, 12/18/2015 3457 $4,313.02
PKDBC -MAINT SUPPLIES
249973 1/15/2016 SPARKS CAR CARE, 12/18/2015 39290 $126.61
PD-ELEC. SVC
249973 1/15/2016 SPARKS CAR CARE, 12/18/2015 39298 $218.35
PD- OIUSTEERING
249973 1/15/2016 SPARKS CAR CARE, 12/18/2015 39305 $35.89
PD -OIL CHANGE
249848 1/15/2016 COPIERS NORTHWEST INC, 12/16/2015 INV1308345 $68.15
IT -12/15 COPIERS /PRINTERS MAIN
249848 1/15/2016 COPIERS NORTHWEST INC, 12/16/2015 INV1308345 $34.07
IT -12/15 COPIERS /PRINTERS MAIN
249848 1/15/2016 COPIERS NORTHWEST INC, 12/16/2015 INV1308345 $919.99
IT -12/15 COPIERS /PRINTERS MAIN
249848 1/15/2016 COPIERS NORTHWEST INC, 12/16/2015 INV1308345 $851.84
IT -12/15 COPIERS /PRINTERS MAIN
249848 1/15/2016 COPIERS NORTHWEST INC, 12/16/2015 INV1308345 $374.81
IT -12/15 COPIERS /PRINTERS MAIN
249848 1/15/2016 COPIERS NORTHWEST INC, 12/16/2015 INV1308345 $1,158.50
IT -12/15 COPIERS /PRINTERS MAIN
249810 1/15/2016 ALARM CENTERS /CUSTOM S112/14/2015 996538 $93.08
CHB -ALARM MONITORING /SERVICE
250055 1/15/2016 SPARKS CAR CARE, 1/4/2016 39392 $40.57
PD -OIL CHANGE
250055 1/15/2016 SPARKS CAR CARE, 1/4/2016 39394 $37.57
PD -OIL CHANGE
250055 1/15/2016 SPARKS CAR CARE, 1/4/2016 39400 $39.53
PD -OIL CHANGE
250055 1/15/2016 SPARKS CAR CARE, 1/4/2016 39402 $113.46
PD- BATTERY
250055 1/15/2016 SPARKS CAR CARE, 1/4/2016 39411 $40.57
PD -OIL CHANGE
250057 1/15/2016 TACOMA DODGE CHRYSLER .1/4/2016 6188290 $316.35
FLT -ELEC REPAIR
249973 1/15/2016 SPARKS CAR CARE, 12/21/2015 39309 $106.27
PD- OIL/OTHER
249973 1/15/2016 SPARKS CAR CARE, 12/21/2015 39318 $54.80
PD -OIL CHANGE
250029 1/15/2016 EAGLE TIRE &AUTOMOTIVE (10/21/2006 1 -16788 $48.13
FLT -OIL CHANGE
250055 1/15/2016 SPARKS CAR CARE, 1/6/2015 39393 $361.05
PD- WHEELS /ALIGNMENT
250046 1/15/2016 RWC INTERNATIONAL LTD, 1/8/2016 33076M $65.60
FLT -SEAT COVERS
250042 1/15/2016 O'REILLYAUTO PARTS, 1/11/2016 3710 - 489407 $37.61
FLT -PARTS
RETAINAGE HELD IN ESCROW $6,518.47
249843 1/15/2016 COLUMBIA STATE BANK, 12/18/2015 E1511 -DEC $- 731.23
PARKS -TOWN SQUARE PARK IMPROVE
249787 12/31/2015 WASHINGTON TRUST BANK, 12/10/2015 01 $7,249.70
PW -PAEC CONSTRUCTION PROJECT -
RETAINAGE PAYABLE - ESCROW $- 1,445.00
Key Bank Page 53 of 58
Check No. Date Vendor
Invoice Date Invoice Description AmountGL Total
249843 1/15/2016 COLUMBIA STATE BANK, 11/19/2015 E1511 -NOV
ROAD SVCS /PERMITS - INTGVT
249671 12/31/2015 KING COUNTY FINANCE DIVIE11/30/2015 69492 -69508
249671 12/31/2015 KING COUNTY FINANCE DIVIE11/30/2015
249671 12/31/2015 KING COUNTY FINANCE DIVIE11/30/2015
249671 12/31/2015 KING COUNTY FINANCE DIVIE11/30/2015
249671 12/31/2015 KING COUNTY FINANCE DIVIE11/30/2015
249671 12/31/2015 KING COUNTY FINANCE DIVIE11/30/2015
249671 12/31/2015 KING COUNTY FINANCE DIVIE11/30/2015
250010 1/15/2016 WA STATE DEPT OF TRANSPC12/14 /2015
249903 1/15/2016 KING COUNTY D.O.T., 12/16/2015
69492 -69508
69492 -69508
69492 -69508
69492 -69508
69492 -69508
69631 -70154
PARKS -TOWN SQUARE PARK IMPROVE
PWTR -11/15 DISC INVOICE TRFFC-
PWTR-11/15 DISC INVOICE TRFFC-
PWTR -11/15 DISC INVOICE TRFFC-
PWTR -11/15 DISC INVOICE TRFFC-
PWTR -11/15 DISC INVOICE TRFFC-
PWTR -11/15 DISC INVOICE TRFFC-
PWTR -11/15 BSC SIGN /MRKNGS MTN
RE- 313- ATB51214108
PWST -FAC HWY S LA07948R
PWST- COMMUTE TRIP REDUCTION PR
PW -S 304TH ST. AT 28TH AVE S
SWM -LAB ANALYSIS STEEL LAKE 10
SWM -LAB ANALYSIS NORTHLAKE
SWM -LAB ANALYSIS STEEL LAKE
SWM -LAB ANALYSIS NORTH LAKE 10
30010562
ROADWAYS
249703 12/31/2015 MILES RESOURCES LLC, 12/11/2015 3
SALARIES & WAGES
249671 12/31/2015 KING COUNTY FINANCE DIVIEI2/4/2015 70229b
249671 12/31/2015 KING COUNTY FINANCE DIVIE12/3/2015 70115a
249671 12/31/2015 KING COUNTY FINANCE DIVIE12/3/2015 70115b
249671 12/31/2015 KING COUNTY FINANCE DIVIE12/3/2015 70229a
SALES TAX PAYABLE
73960 1/12/2016 WA STATE REVENUE DEPART12/31/2015 601 - 223 -5385
73960 1/12/2016 WA STATE REVENUE DEPART12 /31/2015 601 - 223 -5385
SALES TAX PAYABLE - RECREAT
73960 1/12/2016 WA STATE REVENUE DEPART12 /31/2015
601 - 223 -5385
73960 1/12/2016 WA STATE REVENUE DEPART12 /31/2015 601 - 223 -5385
SCHOOL IMPACT FEES
249864 1/15/2016 FEDERAL WAY SCHOOL DISTF1/12/2016 SIF -DEC 2015
SEWER BILLINGS
249912 1/15/2016 LAKEHAVEN UTILITY DISTRIC'12/14/2015 101
249678 12/31/2015 LAKEHAVEN UTILITY DISTRIC12 /7/2015 3671801
FI -12/15 REMIT SALES TAX DBC
FI -12/15 REMIT SALES TAX
FI -12/15 REMIT SALES TAX
FI -12/15 REMIT SALES TAX -FWCC
FI -12/15 SCHOOL IMPACT FEES RE
PKM -12/15 31132 28TH AVE S #A
PKM -31600 20TH AVE S.
$- 1,445.00
$11,272.50
$176.97
$235.95
$943.24
$412.92
$189.43
$62,624.61
$87.65
$4,130.75
$98,351.05
$367.50
$367.50
$367.50
$367.50
$6,210.46
$27.17
$2,521.30
$7,939.25
$161,061.00
$24.82
$23.99
$80,074.02
$98,351.05
$1,470.00
$6,237.63
$10,460.55
$161,061.00
$1,484.73
Key Bank
Page 54 of 58
Check No. Date Vendor Invoice Date Invoice Description AmountGLTotal
249678 12/31/2015 LAKEHAVEN UTILITY DISTRIC'12 /7/2015 460602 $352.42
249912 1/15/2016 LAKEHAVEN UTILITY DISTRIC12/14/2015 899802 $916.62
249912 1/15/2016 LAKEHAVEN UTILITY DISTRIC'12/14/2015 888302 $58.62
249912 1/15/2016 LAKEHAVEN UTILITY DISTRIC'12/14/2015 824102 $52.24
249912 1/15/2016 LAKEHAVEN UTILITY DISTRIC'12/14/2015 888103 $56.02
SMALL OFFICE APPARATUS
966484 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $751.10
MC- CHAIRS FOR COMPUTER STATION
249726 12/31/2015 PERFECT HARMONY FURNITl12/16/2015 12157119 $3,024.00
PKDBC: 9 SILVER FULL MATTRES
249726 12/31/2015 PERFECT HARMONY FURNIT112/16/2015 12157119 $19,050.00
PKDBC: 75 SILVER TWIN MATTRES
249726 12/31/2015 PERFECT HARMONY FURNIT112 /16/2015 12157119 $497.25
PKDBC: 9 FULL BED ENCASEMENTS
249726 12/31/2015 PERFECT HARMONY FURNIT112 /16/2015 12157119 $3,825.00
PKDBC: 75 TWIN BED ENCASEMENT
249726 12/31/2015 PERFECT HARMONY FURNIT112/16/2015 12157119 $1,800.00
PKDBC: SET UP INCLUDES PLACEM
249726 12/31/2015 PERFECT HARMONY FURNIT112 /16/2015 12157119 $171.00
Sales Tax
SMALL TOOLS - SHOP $1,855.16
249604 12/31/2015 CESSCO -THE CUT &CORE ST(12/15/2015 4665 $384.35
PWST -SAW BLADE
249570 12/31/2015 AGRI SHOP INC, 12/10/2015 41815/1 $28.79
PWST- CHAINS FOR CHAINSAW
502966 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $142.34
IT- KEYBOARD FOR SURFACE PRO 3
502966 1/6/2016 US BANK, 12/31/2015 DECEMBER 2015 $1,094.99
IT- SURFACE PRO 3 PC
249879 1/15/2016 GRAINGER INC, 12/3/2015 9908324842 $11.98
PARKS -MAINT SUPPLIES
249921 1/15/2016 LOWE'S HIW INC, 12/23/2015 DECEMBER 2015 $7.76
SWM- SUPPLIES FOR TRAILER INSPE
249921 1/15/2016 LOWE'S HIW INC, 12/23/2015 DECEMBER 2015 $20.78
PWST -TIE STRAPS FOR TRUCKS
249921 1/15/2016 LOWE'S HIW INC, 12/23/2015 DECEMBER 2015 $120.52
PWST- FLASHLIGHTS HAMMER FOR TR
249909 1/15/2016 KR, 12/22/2015 INV- 016202 $43.65
PKM -11/15 2645 312TH ST S #460
PKM -12/15 2410 312TH ST #89980
PKM -12/15 31104 28TH AVE S #88
PKM -12/15 30000 14TH AVE S #82
PKM -12/15 31132 28TH AVE S #88
$29,118.35
STONE & GRAVEL
249684 12/31/2015 LLOYD ENTERPRISES INC, 12/8/2015 192228
249615 12/31/2015 CORLISS RESOURCES INC, 11/5/2015 494945
249615 12/31/2015 CORLISS RESOURCES INC, 11/6/2015 495235
PWST- ENGINEERING DRAFTING SUPP
SWM- RETROFIT BIO POND
SWM- CONCRETE SUPPLIES
SWM- CONCRETE SUPPLIES
$33.27
$396.73
$376.47
$15,795.37
Key Bank
Page 55 of 58
Check No. Date Vendor Invoice Date Invoice Description AmountGL Total
249684 12/31/2015 LLOYD ENTERPRISES INC, 11/2/2015 191458
249615 12/31/2015 CORLISS RESOURCES INC, 11/3/2015 494586
249687 12/31/2015 LTI, INC, 12/18/2015 SLT- 6001110
249687 12/31/2015 LTI, INC, 12/18/2015 SLT - 6001110
249959 1/15/2016 R & LTRUCKING & CONSTRUI12 /17/2015 12311
SWM -ROCK
SWM- CONCRETE SUPPLIES
PWST -BULK ROAD SALT —
Sales Tax
$248.26
$533.85
$11,450.61
$1,087.81
$1,668.37
PWST -SAND FOR STREETS SANDING
TAXESIASSESSM ENTS- INTERGOVT
73960 1/12/2016 WA STATE REVENUE DEPART12/31 /2015 601 - 223 -5385 $845.76
FI -12/15 REMIT SALES TAX DBC
73960 1/12/2016 WA STATE REVENUE DEPART12/31 /2015 601 - 223 -5385 $263.71
FI -12/15 REMIT SALES TAX SWM
73960 1/12/2016 WA STATE REVENUE DEPART12 /31/2015 601- 223 -5385 $- 845.76
FI -12/15 REMIT SALES TAX DBC
250063 1/15/2016 WA STATE DEPT OF ENTERPF1 /5/2016 8419822 $241.94
HR -SELF INSURED HEALTH & WELFA
TIRES $876.72
$505.65
249576 12/31/2015 AMERICAN TIRE DISTRIBUT0112 /11/2015 50689109239
249754 12/31/2015 SPARKS CAR CARE, 12/9/2015 39253
249754 12/31/2015 SPARKS CAR CARE, 12/16/2015 39294
249576 12/31/2015 AMERICAN TIRE DISTRIBUTOI12 /16/2015 S0690706064
249576 12/31/2015 AMERICAN TIRE DISTRIBUTOI12 /16/2015 S0690895560
249814 1/15/2016 AMERICAN TIRE DISTRIBUTOII2 /21/2015 S0692663438
249973 1/15/2016 SPARKS CAR CARE, 12/28/2015 39357
249814 1/15/2016 AMERICAN TIRE DISTRIBUTOI12/28 /2015 S0694443755
249806 1/15/2016 410 QUARRY LLC,
TOPSOIL
12/18/2015 24990
PD -2 NEW TIRES
PD -TIRES
PD -TIRES
PD -1 NEW TIRE
PD -1 NEW TIRE
PD -1 NEW TIRE
PD -TIRES
PD -1 NEW TIRE
PKM- SAN D /SOI L
$278.20
$14.24
$14.24
$138.50
$139.10
$139.10
$14.24
$139.10
$996.45
TRAFFIC INFRACTIONS
249966 1/15/2016 SCHERADO, DAWN 12/28/2015 0991500273271 $210.00
MC- TICKET DISMISSED
249929 1/15/2016 MILLER, YUKIKO 12/24/2015 0991500203252 $105.00
MC- OVERPAYMENT OF INFRACTION
249811 1/15/2016 ALIU, DR. ADE L 12/23/2015 35381334 $210.00
MC- DUPLICATE PAYMENT
USE TAX PAYABLE
73960 1/12/2016 WA STATE REVENUE DEPART12 /31/2015 601 - 223 -5385 $731.54
FI -12/15 REMIT USE TAX
WASTE DISPOSAL BILLINGS
249977 1/15/2016 STYRO RECYCLE LLC, 12/31/2015 4661 $60.00
SWR -EPS PICKUP SVC
$996.45
$525.00
$731.54
$1,895.87
Key Bank
Page 56 of 58
Check No. Date Vendor Invoice Date
Invoice Description AmountGL Total
502966
502966
502966
502966
249671
249684
249684
249684
249573
249573
249678
249678
249912
249912
249983
249983
249912
249912
249912
249678
249678
249678
249678
249678
249678
1/6/2016
1/6/2016
1/6/2016
1/6/2016
US BANK,
US BANK,
US BANK,
US BANK,
12/31/2015 DECEMBER 2015
SWR- LITTER CONTROL DISPOSAL
12/31/2015 DECEMBER 2015
SWR- RESIDENT GARBAGE ACCOUNTA
12/31/2015 DECEMBER 2015
SWR- ORGANICS RECYCLING SVC
12/31/2015 DECEMBER 2015
SWR- LITTER CONTROL DISPOSAL
12/31/2015 KING COUNTY FINANCE DIVIE11/30/2015
12/31/2015 LLOYD ENTERPRISES INC, 11/3/2015
12/31/2015 LLOYD ENTERPRISES INC, 11/3/2015
12/31/2015 LLOYD ENTERPRISES INC, 11/30/2015
12/31/2015 ALL BATTERY SALES & SERVI12/14/2015
12/31/2015 ALL BATTERY SALES & SERVI12/2/2015
48323
191503
191505
192051
100 - 10000273
100 - 10000196
WATER BILLINGS
12/31/2015 LAKEHAVEN UTILITY DISTRIC12/2/2015 2832301
12/31/2015 LAKEHAVEN UTILITY DISTRIC12/2/2015
1/15/2016
1/15/2016
1/15/2016
1/15/2016
1/15/2016
1/15/2016
1/15/2016
LAKEHAVEN UTILITY DISTRIC12/17/2015
LAKEHAVEN UTILITY DISTRIC'12/17/2015
TACOMA PUBLIC UTILITIES, 12/24/2015
TACOMA PUBLIC UTILITIES, 12/24/2015
LAKEHAVEN UTILITY DISTRIC12/14/2015
LAKEHAVEN UTILITY DISTRIC'12/14/2015
LAKEHAVEN UTILITY DISTRIC'12/14/2015
12/31/2015 LAKEHAVEN UTILITY DISTRIC'12/7 /2015
12/31/2015 LAKEHAVEN UTILITY DISTRIC'12/7 /2015
12/31/2015 LAKEHAVEN UTILITY DISTRIC'12/7 /2015
12/31/2015 LAKEHAVEN UTILITY DISTRIC12/7 /2015
12/31/2015 LAKEHAVEN UTILITY DISTRIC'12/7 /2015
12/31/2015 LAKEHAVEN UTILITY DISTRIC12/7/2015
2984001
3033601
3568001
100048250
100048250
2814401
3088801
3200201
3278301
3336101
3364101
3481301
3488801
3540201
PWST-11/15 ALGONA TS -SOLID WAS
SWM- CONCRETE
SWM- ASPHALT
SWM -SOIL
SWR- RECYCLING BATTERIES
SWR- BATTERY RECYCLING
PKM -11/15 30619 16TH AVE SW #2
PKM -11/15 31850 7TH AVE SW #29
PKM -12/15 28159 24TH PL S #303
PWST -12/15 30399 PACIFIC HWY S
PKDBC -12/15 DASH PT. RD-
PKDBC-12/15 DASH PT. RD-
PKM -12/15 2645 312TH IRR /ANNEX
PWST -12/15 2000 312TH ST #3088
PWST -12/15 32002 32RD AEV S #3
PWST -11/15 32009 23RD AVE S #3
PWST -11/15 31026 PAC HWY #3336
PWST -11/15 1618 S 288TH ST #33
PWST -11/15 SR 99/279TH TO 248T
PWST -11/15 31802 21ST AVE S #3
PWST -11/15 29627 PAC HWY S #3
$538.75
$54.25
$43.20
$533.42
$60.81
$133.17
$38.03
$297.69
$53.00
$83.55
$24.70
$24.70
$60.47
$24.70
$412.62
$203.23
$192.04
$24.70
$24.70
$24.70
$172.44
$346.10
$115.56
$24.70
$125.36
$6,578.92
Key Bank Page 57 of 58
Check No. Date Vendor Invoice Date Invoice Description AmountGL Total
249678
249678
249678
249678
249678
249678
249678
249678
249678
249678
249678
249678
249657
249912
249912
249912
249912
249912
249912
249912
249912
249765
249912
249912
249912
249912
12/31/2015 LAKEHAVEN UTILITY DISTRIC12/7/2015
12/31/2015 LAKEHAVEN UTILITY DISTRIC'12/7/2015
12/31/2015 LAKEHAVEN UTILITY DISTRIC'12/7/2015
12/31/2015 LAKEHAVEN UTILITY DISTRIC12/7 /2015
12/31/2015 LAKEHAVEN UTILITY DISTRIC12/7 /2015
12/31/2015 LAKEHAVEN UTILITY DISTRIC'12/7 /2015
12/31/2015 LAKEHAVEN UTILITY DISTRIC12/7/2015
12/31/2015 LAKEHAVEN UTILITY DISTRIC12/7 /2015
12/31/2015 LAKEHAVEN UTILITY DISTRIC12 /8/2015
12/31/2015 LAKEHAVEN UTILITY DISTRIC12 /7/2015
12/31/2015 LAKEHAVEN UTILITY DISTRIC12 /7/2015
12/31/2015 LAKEHAVEN UTILITY DISTRIC12/7/2015
12/31/2015 HIGHLINE WATER DISTRICT, 11/23/2015
1/15/2016
1/15/2016
1/15/2016
1/15/2016
1/15/2016
1/15/2016
1/15/2016
1/15/2016
LAKEHAVEN UTILITY DISTRIC12/14 /2015
LAKEHAVEN UTILITY DISTRIC12/14 /2015
LAKEHAVEN UTILITY DISTRIC12/14 /2015
LAKEHAVEN UTILITY DISTRIC12/14/2015
LAKEHAVEN UTILITY DISTRIC12/14/2015
LAKEHAVEN UTILITY DISTRIC'12/14/2015
LAKEHAVEN UTILITY DISTRIC'1 /9/2016
LAKEHAVEN UTILITY DISTRIC1 /9 /2016
12/31/2015 TACOMA PUBLIC UTILITIES, 12/4/2015
1/15/2016
1/15/2016
1/15/2016
1/15/2016
LAKEHAVEN UTILITY DISTRIC'12/14/2015
LAKEHAVEN UTILITY DISTRIC12/14/2015
LAKEHAVEN UTILITY DISTRIC12/14/2015
LAKEHAVEN UTILITY DISTRIC12/14/2015
3540301
3545101
3568101
3586001
3621801
1941803
1946803
2049903
6314018
482303
482405
460602
19221 -00
101
2315204
2322804
2327404
2426304
2426604
2446104
924602
100673510
888302
888103
822402
824102
PWST -11/15 28719 PAC HWY S #35
PWST -11/15 29102 PAC HWY #3545
PWST -11/15 30799 PAC HWY IRRIG
PKM -11/15 31531 1ST AVE S
PWST -11/15 1401 SW 312TH STREE
PKM -11/15 31600 20 AVE S #1941
PKM -11/15 31600 20TH AVE S
PKM -11/15 31531 1ST AVE S #204
PW -PAEC PROJECT WATER USAGE
PWST -11/15 28866 PAC HWY S #48
PWST -11/15 28850 PAC HWY #4824
PKM -11/15 2645 312TH ST S #460
PWST -11/15 CITY FACILITIES WAT
PKM -12/15 31132 28TH AVE S #A
PACC -12/15 31510 20 AVE S. #86
PACC -12/15 31510 20 AVE S. IRR
PACC -12/15 31510 20TH AVE S DE
PACC -12/15 2141 314 ST. S. #08
PACC -12/15 2141 314 ST. S. IRR
PACC -12/25 2141 314 ST. S. DET
PKM -12/15 LAURELWOOD 61664278
PKM -11/15 5039 SW DASH PT. IRR
PKM -12/15 31104 28TH AVE S #88
PKM -12/15 31132 28TH AVE S #88
PKM -12/15 30009 16TH AVE #8224
PKM -12/15 30000 14TH AVE S #82
$171.29
$111.64
$115.56
$60.00
$265.78
$180.23
$12.82
$160.68
$135.08
$24.70
$24.70
$399.80
$161.34
$24.70
$152.84
$24.70
$12.82
$177.66
$24.70
$12.82
$24.70
$376.32
$50.18
$75.68
$397.80
$154.80
Key Bank Page 58 of 58
Check No. Date Vendor
Invoice Date Invoice Description AmountGL Total
249912
249912
249912
249912
1/15/2016
1/15/2016
1/15/2016
1/15/2016
LAKEHAVEN UTILITY DISTRIC12/14/2015
LAKEHAVEN UTILITY DISTRIC'12/14 /2015
LAKEHAVEN UTILITY DISTRIC'12 /14/2015
LAKEHAVEN UTILITY DISTRIC'12/14/2015
3642501
3653601
896402
899802
WITNESS FEES /JUROR FEES
86620 1/4/2016 JURY/WITNESS FUND, 1/4/2016 JANUARY 04,
ZONING /SUBDIVISION FEES
249591 12/31/2015 C N I INVESTMENTS, 12/9/2015 15- 102547
PWST -12/15 30801 14TH AVE S #3
PWST -12/15 31114 28 AVE S #467
PKM -12/15 2410 312TH ST #89640
PKM -12/15 2410 312TH ST #89980
2016
MC- REPLENISH JURY FUND
CD -APP WAS UPIV CONVERTED TO U
Total $4,377,307.39
CLAIMS PAID VIA EFT DEBIT
EFT 1/15/2016 USGOVERHMENT - HHS
CK# 249563 12/15/2015 KING COUNTY SUPERIOR COURT
CK# 249564 12/15/2015 KING COUNTY SUPERIOR COURT
ACA REINSURANCE FEE
PW -PAC HWY S. HOV LANES PHASE V
PW -PAC HWY S. HOV LANES PHASE V
GRAND TOTAL $4,479,237.68
$357.92
$237.12
$24.70
$825.12
$866.20
$1,028.50
18,715.29
38,380.00
44,835.00
$101,930.29
$866.20
$1,028.50
COUNCIL MEETING DATE: March 1, 2016
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #: 5 d
SUBJECT: RESOLUTION TO ADOPT THE AMENDED ICMA RETIREMENT CORPORATION 401 GOVERNMENTAL
MONEY PURCHASE PLAN & TRUST
POLICY QUESTION: Should the City adopt the amended 401 Governmental Money Purchase Plan & Trust Basic Document and Plan
Adoption Agreement?
COMMITTEE: FEDRAC
MEETING DATE: 2/23/2016
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business Resolution ❑ Other
STAFF REPORT BY: Jean Stanley, Human Resources Manager DEPT: Human Resources
Background: The City has provided a 401a Plan for designated eligible positions since 1999. The money purchase retirement
plan benefits employees by providing funds for retirement and funds for their beneficiaries in the event of death, and benefits the
City by assisting in the attraction and retention of competent employees. The new document incorporates amendments (Appendix
A and B attached) for legislative and regulatory changes enacted since the prior restatement in 2006 and are effective as of 2007.
The old document included separate amendments for post - EGTRRA legislative and regulatory changes and for the Heroes Earnings
Assistance and Relief Tax Act of 2008 (HEART). The provisions of these amendments are now part of the standard document. In
the past, ICMA has utilized a negative election adoption process, in an effort to make the plan document adoption process as easy
as possible. This time, per instructions from the IRS, each plan sponsor is required to execute aq new adoption agreement by
April 30, 2016.
Attachments: Documents necessary to adopt the 401a amended plan document including: proposed Resolution, Appendix A and
B that were incorporated into the plan document, 401 Governmental Money Purchase Plan & Trust Basic Document, and Plan
Adoption Agreement.
Options Considered:
1. Approve the proposed Resolution to adopt the amended 401Governmental Money Purchase Plan & Trust Basic
Document and Plan Adoption Agreement.
2. Do not approve the proposed Resolution and give direction to staff.
MAYOR'S RECOMMENDATION: Option 1
MAYOR APPROVAL:
CHIEF OF STAFF:
DIRECTOR APPROVAL: jb �/j ‘,.
nitial/Date
Council
Initial/Dat
COMMITTEE RECOMMENDAT i N: I move to forward the proposed resolution to the March 1s1 consent agenda for approval.
Committee Chair
Committee -mber
Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the proposed resolution. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED
❑ DENIED
❑ TABLED/DEFERRED/NO ACTION
❑ MOVED TO SECOND READING (ordinances only)
REVISED— 1/2015
COUNCIL BILL #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
RESOLUTION NO.
A RESOLUTION of the City Council of the City of Federal Way,
Washington, adopting the amended 401 Governmental Money Purchase
Plan & Trust Basic Document and Plan Adoption Agreement (Amends
Resolution No. 99 -307, 02 -356, and 07 -494).
WHEREAS, the City has employees rendering valuable services; and
WHEREAS, the establishment of a money purchase retirement plan benefits employees by
providing funds for retirement and funds for their beneficiaries in the event of death; and
WHEREAS, the City desires that its money purchase retirement plan be administered by the
ICMA Retirement Corporation and that the funds held by such plan be invested in the ICMA
Retirement Trust, a trust established by public employers for the collective investment of funds held
under their retirement and deferred compensation plans;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
RESOLVES AS FOLLOWS:
Section I. Plan Form. The City herby establishes or has established a money purchase
retirement plan (the "Plan") in the form of The ICMA Retirement Corporation Governmental Money
Purchase and Trust, pursuant to the specific provisions of the Adoption Agreement (executed copy
attached hereto);
Section 2. Plan Assets. The Plan shall be maintained for the exclusive benefit of eligible
employees and their beneficiaries; and the City hereby executes the Declaration of Trust of the
ICMA Retirement Trust and attached hereto, intending this execution to be operative with respect to
any retirement of deferred compensation plan subsequently established by the City, if the asset of the
plan are to be invested in the ICMA Retirement Trust.
Resolution No. 16-
Page 1 of 3
Rev 1/15
Section 3. Plan Trustee. The City does hereby agree to serve as trustee under the Plan and to
invest funds held under the Plan in the ICMA Retirement Trust; and
Section 4. Plan Administrator. The Human Resources Manager shall be the coordinator for
the Plan, shall receive reports, notices, etc. from the ICMA Retirement Corporation or the ICMA
Retirement Trust; shall cast, on behalf of the City, any required votes under the ICMA Retirement
Trust; and may delegate any administrative duties relating to the Plan to appropriate departments.
The City authorizes the Human Resources Manager to execute all necessary agreements with the
ICMA Retirement Corporation, incidental to the administration of the Plan.
Section 5. 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 6. 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 7. Ratification. Any act consistent with the authority and prior to the effective date of
this resolution is hereby ratified and affirmed.
Section 8. 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 1st day of March, 2016.
Resolution No. 16-
Page 2 of 3
Rev 1/15
CITY OF FEDERAL WAY
MAYOR, JIM FERRELL
ATTEST:
CITY CLERK, STEPHANIE COURTNEY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, AMY JO PEARSALL
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.:
Resolution No. 16-
Page 3 of 3
Rev 1/15
ICMA RETIREMENT CORPORATION
GOVERNMENTAL MONEY PURCHASE PLAN & TRUST
AMENDMENT FOR POST - EGTRRA LEGISLATIVE AND REGULATORY CHANGES
Pursuant to Section 14.05 of the ICMA Retirement Corporation Governmental Money - Purchase Plan & Trust (the "Plan") and
Section 5.01 of Revenue Procedure 2005 -16, 2005 -1 C.B. 674, ICMA Retirement Corporation, as Plan Administrator, hereby
adopts this Amendment on behalf of all adopting Employers to add a new Appendix A as follows, effective as provided therein.
Appendix A
ARTICLE I
PREAMBLE
1.01 Applicability. This Appendix memorializes the operation of the Plan in accordance with the following legislative and
regulatory items.
(a) Pension Protection Act of 2006;
(b) Final Treasury Regulations under Code section 415;
(c) Emergency Economic Stabilization Act of 2008;
(d) Worker, Retiree, and Employer Recovery Act of 2008;
(e) Katrina Emergency Tax Relief Act of 2005; and
(f) Gulf Opportunity Zone Act of 2005.
1.02 Superseding of Inconsistent Provisions. This Appendix supersedes the provisions of the Plan and Adoption
Agreement to the extent those provisions are inconsistent with the provisions of this Appendix.
1.03 Construction. Except as otherwise provided herein, any reference to "Section" in this Appendix refers only to sections
within this Appendix and is not a reference to the Plan. The Article and Section numbering in this Appendix is solely
for purposes of this Appendix and does not relate to any Plan article, section, or other numbering designations.
ARTICLE II
PENSION PROTECTION ACT OF 2006
2.01 Background. On August 17, 2006, the Pension Protection Act, Pub. L. No. 109 -280 ( "PPA "), became law. It
amended the Code to provide for a number of changes with regard to Code section 401(a) plans. This Article
incorporates the relevant provisions of PPA into the Plan.
2.02 Required Notice for Participant Distributions. With respect to any distribution notice and election form that
is, under the terms of the Plan, to be delivered 90 days before the date as of which a distribution is to be made, the
window for giving Participants such distribution notices and election forms shall be extended to 180 days before the
date as of which a distribution is to commence. This Section 2.02 shall be effective for calendar years beginning after
December 31, 2006.
2.03 Rollover by a Non - Spouse Designated Beneficiary.
(a) Unless otherwise elected by the Employer, for Plan Years beginning after December 31, 2006 but on or before
December 31, 2009, a non - spouse Beneficiary who qualifies as a "designated beneficiary" under Code section
401(a)(9)(E) may establish an individual retirement plan that will be treated as an Inherited IRA pursuant to the
1
provisions of Code section 402(c)(11) into which all or a portion of a death benefit distribution from this Plan
can be transferred directly. A trust maintained for the benefit of one or more designated beneficiaries shall be
treated in the same manner as a designated beneficiary.
(b) Notwithstanding the election made in subsection (a), for Plan Years beginning after December 31, 2009, a non -
spouse Beneficiary who qualifies as a "designated beneficiary" under Code section 401(a)(9)(E) may establish an
individual retirement plan that will be treated as an Inherited IRA pursuant to the provisions of Code section
402(c)(11) into which all or a portion of a death benefit distribution from this Plan can be transferred directly. A
trust maintained for the benefit of one or more designated beneficiaries shall be treated in the same manner as a
designated beneficiary.
(c) Notwithstanding anything herein to the contrary, a death benefit distribution shall not be eligible for transfer to
an Inherited IRA to the extent such distribution is a required minimum distribution under Code section 401(a)
(9).
2.04 In- Service Distributions. If elected by the Employer, in- service distributions may be made beginning after June 1,
2009 to a Participant who has attained normal retirement age or an alternate age elected by the Employer, and who
has not yet incurred a severance from employment.
Important Note to Employers The earliest date that a Plan may allow for in- service distributions is the earlier of (i) age
62, and (ii) the Normal Retirement Age for the Plan.
2.05 Normal Retirement Age. The age elected by the Employer in the Adoption Agreement.
Important Note to Employers: Normal Retirement Age is significant for determining the earliest date at which the Plan
may allow for in- service distributions. Normal Retirement Age also defines the latest date at which a Participant must
have a fully vested right to his /her Account. There are IRS rules that limit the age that may be specified as the Plan's
Normal Retirement Age. The Normal Retirement Age cannot be earlier than what is reasonably representative of the
typical retirement age for the industry in which the covered workforce is employed. An age under 55 is presumed not
to satisfy this requirement, unless the Commissioner of Internal Revenue determines that the facts and circumstances
show otherwise. Whether an age between 55 and 62 satisfies this requirement depends on the facts and circumstances,
but an Employer's good faith, reasonable determination will generally be given deference. A special rule, however,
applies in the case of a plan where substantially all of the participants in the plan are qualified public safety employees
within the meaning of section 72(t)(10)(B) of the Code, in which case an age of 50 or later is deemed not to be earlier
than the earliest age that is reasonably representative of the typical retirement age for the industry in which the covered
workforce is employed.
2.06 Distributions for Health and Long -Term Care Insurance for Public Safety Officers.
(a) If elected by the Employer, for Plan Years beginning after December 31, 2006, Eligible Retired Public Safety
Officers may elect after separation from service to have up to $3,000 distributed tax -free annually from the Plan
in order to pay for Qualified Health Insurance Premiums for an accident or health plan (including a self - insured
plan) or a qualified long -term care insurance contract. The Plan shall make such distributions directly to the
provider of the accident or health plan or qualified long -term care insurance contract.
(b) The term "Eligible Retired Public Safety Officer" means an individual who by reason of disability or attainment
of normal retirement age, is separated from service as a Public Safety Officer with the Employer who maintains
the eligible retirement plan from which distributions pursuant to this Section are made. The term "Public Safety
Officer" has the same meaning given such term by section 1204(9)(A) of the Omnibus Crime Control and Safe
Streets Act of 1968.
(c) The term "Qualified Health Insurance Premiums" means premiums for coverage for the Eligible Retired Public
Safety ; Officer, his spouse, and dependents, by an accident or health insurance plan or qualified long -term care
insurance contract (as defined in Code section 7702(B)).
2
2.07 Rollovers to Roth IRAs. Effective for distributions after December 31, 2007, a Participant may elect to have any
portion of an Eligible Rollover Distribution paid directly to a Roth IRA described in Code section 408A.
ARTICLE III
FINAL SECTION 415 REGULATIONS
3.01 Background. On April 5, 2007, Treasury issued final regulations under section 415 of the Code. The regulations
amend the permitted definitions of Compensation for purposes of determining maximum permitted contributions.
This Article incorporates the relevant provisions of the final 415 regulations into the Plan.
3.02 Relationship Between "Compensation" and "Earnings ". One of the limitations on contributions under section 415
of the Code is 100% of Compensation. This Article modifies the definition of Compensation to reflect the final 415
regulations. It does not modify the definition of Earnings, which is the term used under the Plan to determine Plan
contributions and is not affected by this Article.
3.03 Effective Date. This Article is effective for Limitation Years that begin more than ninety (90) days after the close of
the first regular legislative session of the legislative body with authority to amend the Plan that begins on or after July
1, 2007.
3.04 Definition of Compensation.
(a) Generally. For purposes of Article V of the Plan, Compensation includes a Participant's wages, salaries, fees
for professional services, and other amounts received (without regard to whether an amount is paid in cash)
for personal services actually rendered in the course of employment with the Employer, to the extent that the
amounts are includible in gross income (or to the extent amounts would have been received and includible in
gross income but for an election under Code section 125(a), 132(f)(4), 402(e)(3), 402(h)(1)(B), 402(k), or
457(b)). These amounts include, but are not limited to, bonuses, fringe benefits, and reimbursements or other
expense allowances under a nonaccountable plan as described in Treas. Reg. section 1.62 -2(c).
(b) Not Included. Notwithstanding the foregoing, Compensation does not include:
(i)
Contributions (other than elective contributions described in Code section 402(e)(3), 408(k)(6),
408(p)(2)(A)(i), or 457(b)) made by the Employer to a plan of deferred compensation (including
a simplified employee pension described in Code section 408(k) or a simple retirement account
described in Code section 408(p), and whether or not qualified) to the extent that the contributions
are not includible in the gross income of the Participant for the taxable year in which contributed. In
addition, any distributions from a plan of deferred compensation (whether or not qualified) are not
considered as Compensation for Code section 415 purposes, regardless of whether such amounts are
includible in the gross income of the Participant when distributed.
(ii) Other amounts that receive special tax benefits, such as premiums for group -term life insurance (but
only to the extent that the premiums are not includible in the gross income of the Participant and are
not salary reduction amounts that are described in Code section 125).
(iii) Other items of remuneration that are similar to the items listed in subparagraph (i) or (ii) of this
. subsection (b).
3.05 Compensation Paid After Severance from Employment. Compensation shall be adjusted as set forth herein for the
following types of compensation paid after a Participant's severance from employment (as determined under section
415 of the Code and the regulations thereunder) with the Employer. Any payment that is not described in subsection
(a), (b), (c), or (d) of this Section is not considered Compensation within the meaning of section 415 of the Code if
paid after severance from employment with the Employer.
(a) Regular Pay. Compensation shall include regular pay after severance of employment if:
3
(i) The payment is regular compensation for services during the Participant's regular working hours, or
compensation for services outside the Participant's regular working hours (such as overtime or shift
differential), commissions, bonuses, or other similar payments;
(ii) The payment would have been paid to the Participant prior to a severance from employment if the
Participant had continued in employment with the Employer; and
(iii) Such amounts are paid:
1. for Limitation Years beginning before January 1, 2009, within 21 months after severance
from employment with the Employer maintaining the Plan; and
2. for Limitation Years beginning on or after January 1,2009, by the later of 21/2 months after
severance from employment with the Employer maintaining the Plan or by the end of the
calendar year that includes the date of such severance from employment.
(b) Leave Cashouts.
(i) For Limitation Years beginning before January 1, 2009, Compensation shall include payment for
unused accrued bona fide sick, vacation, or other leave, but only if (i) the Participant would have
been able to use the Ieave if employment had continued, (ii) such amounts are paid within 21/2
months, after severance from employment with the Employer maintaining the Plan, and (iii) such
amounts would be included in Compensation if the individual had continued to perform services for
the Employer.
(ii) For Limitation Years beginning on or after January 1, 2009, Compensation shall include payment
for unused accrued bona fide sick, vacation, or other leave, but only if (i) the Participant would have
been able to use the leave if employment had continued, (ii) such amounts are paidd by the later of 21
months after severance from employment with the Employer maintaining the Plan or by the end of
the calendar year that ineludes the -date of such severance from employment, and (iii) such amounts
would be included in Compensation if the individual had continued to perform services for the
Employer.
(c) Salary Continuation Payments for Military Service Participants.
(i) Compensation ;includes.,paytnents to an individual who does not currently perform services for the
Employer by reason of qualified military service (as that term is used in Code section 414(u)(1)) to
the extent
1. Those payments do not exceed the amounts the individual would have received if the
individual had, continued to perform services for the Employer rather than entering qualified
military service; and
2. Those payments would be included in Compensation if the individual had continued to
perforrn,servicesJor the Employer rather than entering qualified military service.
(ii) Notwithstanding the foregoing, Compensation does not include distributions from this Plan to an
individual who does not currently perform services for the Employer by reason of qualified military
service (as that term is used in Code section 414(u)(1)).
(d) Salary Continuation Payments for Disabled Participants.
(i) Compensation includes amounts paid to a Participant who is permanently and totally disabled (as
defined in Code section 22(e)(3)) to the extent:
4
1. Salary continuation applies to all Participants who are permanently and totally disabled for a
fixed or determinable period or the Participant was not a highly compensated employee (as
defined in Code section 414(q)) immediately before becoming disabled.
2. Those amounts would be included in Compensation if the Participant had continued to
perform services for the Employer.
(ii) Notwithstanding the foregoing, Compensation does not include distributions from this Plan to a
Participant who is permanently and totally disabled (as defined in Code section 22(e)(3)).
3.06 Administrative Delay Rule Does Not Apply. Compensation for a Limitation Year shall not include amounts earned
but not paid during the Limitation Year solely because of the timing of pay periods and pay dates.
3.07 Definition of Annual Additions. The Plan's definition of `Annual Additions" is modified as follows:
(a) Restorative Payments. Annual Additions for purposes of Code section 415 shall not include restorative
payments. For this purpose, restorative payments are payments made to restore losses to a plan resulting
from actions by a fiduciary for which there is reasonable risk of liability for breach of a fiduciary duty under
applicable federal or state law, where Participants who are similarly situated are treated similarly with respect
to the payments. Generally, payments to a defined contribution plan are restorative payments only if the
payments are made in order to restore some or all of the plan's losses due to an action (or a failure to act) that
creates a reasonable risk of liability for such a breach of fiduciary duty (other than a breach of fiduciary duty
arising from failure to remit contributions to the plan). This includes payments to a plan made pursuant to a
court - approved settlement to restore losses to a qualified defined contribution plan on account of the breach
of fiduciary duty (other than a breach of fiduciary duty arising from failure to remit contributions to the
plan). Payments made to a plan to make up for losses due merely to market fluctuations and other payments
that are not made on account of a reasonable risk of liability for breach of a fiduciary duty are not restorative
payments and generally constitute contributions that give rise to Annual Additions.
(b) Other Amounts. Annual Additions for purposes of Code section 415 shall not include (i) the direct transfer
of a benefit or employee contributions from a qualified plan to this Plan; (ii) rollover contributions (as
described in Code sections 401(a)(31), 402(c)(1), 403(a)(4), 403(b)(8), 408(d)(3), and 457(e)(16)); (iii)
repayments of loans made to a Participant from the Plan; (iv) repayments of amounts described in Code
section 411(a)(7)(B) (in accordance with Code sections 411(a)(7)(C)) and 411(a)(3)(D) or repayment of
contributions to a governmental plan (as defined in Code section 414(d)) as described in Code section 415(k)
(3), as well as Employer restorations of benefits that are required pursuant to such repayments; (v) Employee
Contributions to a qualified cost of living arrangement within the meaning of Code section 415(k)(2)(B); (vi)
catch -up contributions made in accordance with section 414(v) and §1.414(v) -1 and (vii) excess deferrals that
are distributed in accordance with §1.402(8)- l(e)(2) or (3).
(c) Date of Employer Contributions. Notwithstanding anything in the Plan to the contrary, Employer
Contributions are treated as credited to a Participant's account for a particular Limitation Year only if the
contributions are actually made to the plan no later than the 15t day of the tenth calendar month following
the end of the calendar year or fiscal year (as applicable, depending on the basis on which the Employer keeps
its books) with or within which the particular Limitation Year ends.
3.08 Change of Limitation Year. The Limitation Year may only be changed by a Plan amendment. Furthermore, if the
Plan is terminated effective as of a date other than the last day of the Plan's Limitation Year, then the Plan is treated as
if the Plan had been amended to change its Limitation Year.
3.09 Excess Annual Additions. Notwithstanding any provision of the Plan to the contrary, if the Annual Additions (within
the meaning of Code section 415) are exceeded for any Participant, then the Plan may only correct such excess in
5
accordance with the Employee Plans Compliance Resolution System ( "EPCRS ") as set forth in Revenue Procedure
2008 -50, 2008 -35 I.R.B. 464, or any superseding guidance, including, but not limited to, the preamble of the final
Code section 415 regulations.
3.10 Aggregation and Disaggregation of Plans.
(a) For purposes of applying the Iimitations of Code section 415, all defined contribution plans (without regard
to whether a plan has been terminated) ever maintained by the Employer (or a "predecessor employer ") under
which the Participant receives Annual Additions are treated as one defined contribution plan. The "Employer"
means the Employer that adopts this Plan and any other entity which the Employer determines, based on a
reasonable, good faith interpretation of existing law in accordance with Notice 89 -23, 1989 -1 C.B. 654, as
modified by Notice 96 -64, 1996 -2 C.B. 229, should be aggregated for purposes of applying the limitations of
Code section 415. For purposes of this Section:
(i)
A former employer is a "predecessor employer" with respect to a Participant if the Employer
maintains a plan under which` the Participant had accrued a benefit while performing services for the
former employer, but only if that benefit is provided under the plan maintained by the Employer. For
this purpose, the formerly affiliated plan rules in Treas. Reg. section 1.415(f)- 1(b)(2) apply as if the
Employer and predecessor employer constituted a single employer under the rules described in Treas.
Reg. section 1.415(a)- 1(f)(1)' and (2) immediately prior to the cessation of affiliation (and as if they
constituted two unrelated employers under the rules described in Treas. Reg. section 1.415(a) -1(f)
(1) and (2) immediately after the cessation' of affiliation) and cessation of affiliation was the event that
gives rise to the predecessor employer relationship, such as a transfer of benefits or plan sponsorship.
(ii) With respect to an Employer, a former entity that antedates the Employer is a "predecessor employer"
with respect to a Participant if, under the facts and circumstances, the Employer constitutes a
continuation of all or a portion of the trade or business of the former entity.
(b) Midyear Aggregation. Two or more defined contribution plans that are not required to be aggregated
pursuant` to Code section 415(f) and the TreasuryRegulations thereunder as of the first day of a Limitation
Year do not fail to satisfy the requirements of Code section 415 with respect to a Participant for the Limitation
Year merely because they are a ' regated later in that Limitation Year, provided that no Annual Additions are
credited to the Participant's account after the date on which the plans are required to be aggregated.
ARTICLE IV
DEFINITION OF EARNINGS
4.01 Earnings Paid After Severance from Employment. Earnings for purposes of allocations under the Plan shall not
include amounts paid after a Participant's severance from Employment with the Employer except as provided in this
Section:
(a)
Leave Cashouts. Earnings shall, include payment for unused accrued bona fide sick, vacation, or other leave,
but only if (i) the Participant.would'have been able to use the leave if employment had continued, and (ii)
such amounts are paid by the later of 21/2 months after severance from employment with the Employer
maintaining the Plan or by the end of the calendar year that includes the date of such severance from
employment.
(b) Regular Pay. Earnings shall include regular pay after severance from employment if
(i) The payment is included in the Participant's W-2 earnings;
(ii) The payment would have been paid to the Participant prior to a severance from employment if the
Participant had continued in employment with the Employer; and
6
(iii) Such amounts are paid by the later of 2' months after severance from employment with the
Employer maintaining the Plan or by the end of the calendar year that includes the date of such
severance from employment.
Notwithstanding anything to the contrary in this subsection (b), unless the Employer has specifically elected
to include overtime compensation and bonuses in Earnings, Earnings shall exclude overtime compensation
and bonuses paid after severance from employment.
(c) Effective Date. This Article is effective for Plan Years beginning on or after January 1, 2009. Notwithstanding
anything to the contrary in this Article, for Plan Years beginning before January 1, 2009, the amounts
specified in subsections (a) and (b) of this Section must be paid within 21 months after severance from
employment with the Employer maintaining the Plan.
ARTICLE V
EMERGENCY ECONOMIC STABILIZATION ACT OF 2008
5.01 Background. On October 3, 2008, the Emergency Economic Stabilization Act of 2008, Pub. L. No. 110 -343
( "EESA"), became law. With regard to retirement plans, EESA generally permits plans to allow repayments of certain
prior qualified distributions for home purchases for participants affected by certain 2008 Midwestern severe storms,
tornadoes, and flooding and to permit repayments of prior qualified distributions for home purchases. This Article
incorporates the relevant provisions of EESA into the Plan.
5.02 Qualified Disaster Recovery Assistance Distributions and Repayment Thereof. The provisions relating to qualified
disaster recovery assistance distributions and repayment thereof set forth in section 702 of EESA shall apply to the
Plan.
5.03 Repayment of Prior Qualified Distributions for Home Purchases to Plan. The provisions relating to repayment of
prior qualified distributions for home purchases set forth in section 702 of EESA shall apply to the Plan.
ARTICLE VI
WORKER, RETIREE, AND EMPLOYER RECOVERY ACT OF 2008
6.01 Background. On December 23, 2008, the Worker, Retiree, and Employer Recovery Act of 2008, Pub. L. No. 110-
458 ( "WRERA "), became law. WRERA amended Code section 401(a)(9) to suspend required minimum distributions
for 2009. It is also possible that legislation will be enacted in the future that suspends required minimum distributions
for 2010 or a later year. This Article incorporates the relevant provisions of WRERA into the Plan and describes the
Plan terms that will apply in the event that required minimum distributions are suspended in a year subsequent to
2009.
6.02 Application of Minimum Distribution Requirements. The minimum distribution requirements of section 401(a)
(9) of the Code shall only apply to the Plan to the extent that such requirements are applicable by law for a year.
6.03 Special Rule for Scheduled Installment Payments. All installment payments scheduled to be distributed to a
Participant prior to the effective date of a suspension of the required minimum distribution provisions of Code section
401(a)(9) shall be distributed as scheduled unless the Participant affirmatively elects to have the payments stopped.
Notwithstanding the foregoing, for purposes of this Section 6.03, the effective date of the suspension of the required
minimum distribution provisions for 2009 shall be deemed January 6, 2009.
7
ARTICLE VII
KATRINA EMERGENCY TAX RELIEF ACT OF 2005
AND GULF OPPORTUNITY ZONE ACT OF 2005
7.01 Background. On September 23, 2005, the Katrina Emergency Tax Relief Act of 2005, Pub. L. No. 109 -73
( "KETRA"), became law, and on December 21, 2005, the Gulf Opportunity Zone Act of 2005, Pub. L. No. 109 -135
( "GOZA "), became law. Generally, KETRA and GOZA permit plans to allow repayments of certain prior qualified
distributions for home purchases for participants affected by Hurricanes Katrina, Rita, and /or Wilma. This Article
incorporates the relevant provisions of KETRA and GOZA into the Plan.
7.02 Qualified Hurricane Distributions and Repayment Thereof. The provisions relating to qualified hurricane
distributions and repayment thereof set forth in section 1400Q(a) of the Code shall apply to the Plan.
7.03 Repayment of Prior Qualified Distributions for Home Purchases to Plan. The provisions relating to repayment of
prior qualified distributions for home purchases set forth in Code section 1400Q(b) shall apply to the Plan.
,A(\
ICMJbCRC
Building Retirement Security
ICMA RETIREMENT CORPORATION
GOVERNMENTAL MONEY PURCHASE PLAN & TRUST
AMENDMENT FOR
THE HEROES EARNINGS ASSISTANCE AND RELIEF TAX ACT OF 2008
Pursuant to Section 14.05 of the ICMA Retirement Corporation Governmental Money
Purchase Plan & Trust (the "Plan ") and Section 5.01 of Revenue Procedure 2005 -16, 2005-
1 C.B. 674, ICMA Retirement Corporation, as Plan Administrator, hereby adopts this
Amendment on behalf of all adopting Employers to add a new Appendix B as follows,
effective as provided therein.
Appendix B
ARTICLE I
PREAMBLE
1.01 Applicability. This Appendix memorializes the operation of the Plan in accordance with the
Heroes Earnings Assistance and Relief Tax Act.
1.02 Superseding of Inconsistent Provisions. This Appendix supersedes the provisions of the Plan
and Adoption Agreement to the extent those provisions are inconsistent with the provisions
of this Appendix.
1.03 Construction. Except as otherwise provided herein, any reference to "Section" in this
Appendix refers only to sections within this Appendix and is not a reference to the Plan.
The Article and Section numbering in this Appendix is solely for purposes of this Appendix
and does not relate to any Plan article, section, or other numbering designations.
ARTICLE II
ACCRUAL OF ADDITIONAL BENEFITS
2.01 Death Benefits with Respect to Qualified Military Service. In the case of a Participant who
dies on or after January 1, 2007 while performing qualified military service (as defined in
Code section 414(u)) with respect to the Employer, his /her Beneficiary shall have a
Nonforfeitable Interest in the Participant's entire Employer Contribution Account to the
6
extent that he /she would have had had the Participant resumed and then terminated
employment on account of death.
2.02 Benefit Accruals with Respect to Differential Wage Payments. If the Employer so elects,
effective as elected by the Employer but no earlier than January 1, 2009, Plan contributions
shall be made based on differential wage payments (as such term is defined in Code, section
3401(h)(2)). Solely for purposes of applying the limits of Code section 415, differential wage
payments shall be treated as compensation.
2.03 Benefit Accruals with Respect to Qualified Military Service. Notwithstanding any provision
of the Plan to the contrary, effective as elected by the Employer but no earlier than January
1, 2007, if the Employer so elects,' Participants who die or become Disabled while
performing qualified military service (as defined in Code section 414(u)) with respect to the
Employer shall receive Plan contributions as permitted under Code section 414(u)(9).
2.04 Deemed Severance from Employment.
(a) Unless otherwise elected by the Employer, effective -January 1, 2009, a Participant
shall be deemed to have a severance from employment solely for purposes of
eligibility to receive distributions from the Plan during any period the individual is
performing service in the uniformed services (as defined in chapter 43 of title 38,
United States Code) for more than 30 days.
(b) If a Participant receives a distribution pursuant to subsection (a), then the Participant
shall not be permitted to make a Participant Contribution during the six -month
period beginning on the date of the distribution.
(c) If a Participant receives a distribution which could be attributable to:
(i) a deemed severance from employment described in subsection (a); or
(ii) another distribution event under the Plan,
then the distribution shall be considered made pursuant to the distribution event
referenced in paragraph (ii), and the Participant shall not be subject to the limitation
on Participant Contributions set forth in subsection (b).
7
ICMA RETIREMENT CORPORATION
GOVERNMENTAL MONEY PURCHASE PLAN & TRUST
icnnn'�RC
BUILDING PUBLIC SECTOR
RETIREMENT SECURITY
ICMA RETIREMENT CORPORATION GOVERNMENTAL MONEY PURCHASE PLAN & TRUST
TABLE OF CONTENTS
I. PURPOSE 1
II. DEFINITIONS 1
2.01 Account 1
2.02 Accounting Date 1
2.03 Adoption Agreement 1
2.04 Beneficiary 1
2.05 Break in Service 1
2.06 Code 1
2.07 Covered Employment Classification 1
2.08 Disability 2
2.09 Earnings 2
2.10 Effective Date 3
2.11 Employee 3
2.12 Employer 3
2.13 Hour of Service 3
2.14 Nonforfeitable Interest 3
2.15 Normal Retirement Age 3
2.16 Participant 3
2.17 Period of Service 1 4
2.18 Period of Severance 4
2.19 Plan 4
2.20 Plan Administrator 4
2.21 Plan Year 4
2.22 Trust 4
III. ELIGIBILITY 4
3.01 Service 4
3.02 Age 4
3.03 Return to Covered Employment Classification 4
3.04 Service Before a Break in Service 5
IV. CONTRIBUTIONS 5
4.01 Employer Contributions 5
4.02 Forfeitures 5
4.03 Mandatory Participant Contributions 5
4.04 Employer Matching Contributions of Voluntary Participant Contributions 5
4.05 Voluntary Participant Contributions 5
4.06 Deductible Employee Contributions 6
4.07 Final Pay Contributions 6
4.08 Accrued Leave Contributions 6
4.09 Military Service Contributions 6
4.10 Accrual of Additional Benefits for Qualified Military Service 6
4.11 Changes in Participant Election 6
4.12 Portability of Benefits 7
4.13 Return of Employer Contributions 7
V. LIMITATION ON ALLOCATIONS 8
5.01 Participants Only in This Plan 8
5.02 Participants in Another Defined Contribution Plan 8
5.03 Definitions 9
5.04 Aggregation and Disaggregation of Plans 13
5.05 Effective Date 13
VI. TRUST AND INVESTMENT OF ACCOUNTS 14
6.01 Trust 14
6.02 Investment Powers 14
6.03 Taxes and Expenses 15
6.04 Payment of Benefits 15
6.05 Investment Funds 15
6.06 Valuation of Accounts 15
6.07 Participant Loan Accounts 15
6.08 Deemed IRAs
VII. VESTING
7.01 Vesting Schedule
7.02 Crediting Periods of Service
7.03 Service After Break in Service
7.04 Vesting Upon Normal Retirement Age
7.05 Vesting Upon Death or Disability
7.06 Forfeitures
7.07 Reinstatement of Forfeitures
VIII. BENEFITS CLAIM
,8.O1 Claim of Benefits
8.02. Appeal Procedure
I COMMENCEMENT OF BENEFITS
9.01 Normal and Elective Commencement of Benefits
9.02 Restrictions on Immediate Distributions
15
16
16
16
16
16
16
17
17
17
17
x.....17
I.1.,,�::.:�:...... 17
17
17
18
20
20
20
20
20
21
21
21
21
22
22
23
23
24
25
25
25
26
26
26
26
26
9.03 Transfer to Another Plan
9.04 De Minimis Accounts
9.05 Withdrawal of Voluntary Contributions
9.06 Withdrawal of Deductible Employee Contributions
9.07 In- Service Distribution from Rollover Account
9.08 In- Service Distributions
9.09 Latest Commencement of Benefits
9.10 Spousal Consent
9.11 Deemed Severance from Employment
9.12 Distributions for Health and Long -Term Care Insurance for Public Safety Officers
X. DISTRIBUTION REQUIREMENTS
10.01 General Rules
10.02 Time and Manner of Distribution
10.03 Required Minimum Distributions During Participant's Lifetime
10.04 Required Minimum Distributions After Participant's Death
10.05 Definitions
10.06 Application of Minimum Distribution Requirements
10.07 Special Rule for Scheduled Installment Payments
XI. MODES OF DISTRIBUTION OF BENEFITS
11.01 Normal Mode of Distribution
11.02 Elective Mode of Distribution
11.03 Election of Mode
11.04 Death Benefits
XII. SPOUSAL DEATH BENEFIT REQUIREMENTS 26
12.01 Application 26
12.02 Spousal Death Benefit 27
12.03 Waiver of Spousal Death Benefit 27
12.04 Definitions 27
XIII. LOANS TO PARTICIPANTS 28
13.01 Availability of Loans to Participants 28
13.02 Terms and Conditions of Loans to Participants 28
13.03 Participant Loan Accounts 30
XN. PLAN AMENDMENT, TERMINATION AND OPTIONAL PROVISIONS 30
14.01 Amendment by Employer 30
14.02 Amendment of Vesting Schedule 31
14.03 Termination by Employer 32
14.04 Discontinuance of Contributions 32
14.05 Amendment by Nan Administrator 32
14.06 Optional Provisions 32
14.07 Failure of Qualification 32
XV. ADMINISTRATION 32
15.01 Powers of the Employer 33
15.02 Duties of the Plan Administrator 33
15.03 Protection of the Employer 33
15.04 Protection of the Plan Administrator 33
15.05 Resignation or Removal of Plan Administrator 34
15.06 No Termination Penalty 34
15.07 Decisions of the Plan Administrator 34
XVI. MISCELLANEOUS 34
16.01 Nonguarantee of Employment 34
16.02 Rights to Trust Assets 34
16.03 Nonalienation of Benefits 34
16.04 Qualified Domestic Relations Order 34
16.05 Nonforfeitability of Benefits 34
16:06 Incompetency of Payee 35
16.07 Inability to Locate Payee 35
16.08 Mergers, Consolidations, and Transfer of Assets 35
16.09 Employer Records 35
16.10 Gender and Number 35
16.11 Applicable Law 35
16.12 Electronic Communication and Consent 36
XVII. SPOUSAL BENEFIT REQUIREMENTS 36
17.01 Application 36
17.02 Qualified joint and Survivor Annuity 36
17.03 Qualified Optional Survivor Annuity 36
17.04 Qualified Preretirement Survivor Annuity 36
17.05 Notice Requirements 36
17.06 Definitions 38
17.07 Annuity Contracts 39
XVIII. FINAL PAY CONTRIBUTIONS 39
18.01 Eligibility 39
18.02 Contribution Amount 39
18.03 Equivalencies 40
18.04 Excess Contributions 40
XIX. ACCRUED LEAVE CONTRIBUTIONS 40
19.01 Eligibility 40
19.02 Contribution Amount 40
19.03 Equivalencies 40
19.04 Excess Contributions 40
DECLARATION OF TRUST 41
IRS OPINON LETTER 42
•
ICMA RETIREMENT CORPORATION GOVERNMENTAL MONEY PURCHASE PLAN & TRUST
I. PURPOSE
The Employer hereby adopts this Plan and Trust to provide funds for its Employees' retirement, and to provide
funds for their Beneficiaries in the event of death. The benefits provided in this Plan shall be paid from the Trust.
The Plan and the Trust forming a part hereof are adopted and shall be maintained for the exclusive benefit of
eligible Employees and their Beneficiaries. Except as provided in Sections 4.13 and 14.03, no part of the corpus
or income of the Trust shall revert to the Employer or be used for or diverted to purposes other than the exclusive
benefit of Participants and their Beneficiaries.
II. DEFINITIONS
2.01 Account. A separate record which shall be established and maintained under the Trust for each Participant, and
which shall include all Participant subaccounts created pursuant to Article IV, plus any Participant Loan Account
created pursuant to Section 13.03. Each subaccount created pursuant to Article IV shall include any earnings
of the Trust and adjustments for withdrawals, and realized and unrealized gains and losses allocable thereto. The
term "Account" may also refer to any of such separate subaccounts.
2.02 Accounting Date. Each day that the New York Stock Exchange is open for trading, and such other dates as may
be determined by the Plan Administrator, as provided in Section 6.06 for valuing the Trust's assets.
2.03 Adoption Agreement. The separate agreement executed by the Employer through which the Employer adopts
the Plan and elects among the various alternatives provided thereunder, and which upon execution, becomes an
integral part of the Plan.
2.04 Beneficiary. The person or persons (including a trust) designated by the Participant who shall receive any
benefits payable hereunder in the event of the Participant's death. The designation of such Beneficiary shall be in
writing to the Plan Administrator. A Participant may designate primary and contingent Beneficiaries. Where no
designated Beneficiary survives the Participant or no Beneficiary is otherwise designated by the Participant, the
Participant's Beneficiary shall be his /her surviving spouse or, if none, his /her estate.
Notwithstanding the foregoing, the Beneficiary designation is subject to the requirements of Article XII unless
the Employer elects otherwise in the Adoption Agreement. Notwithstanding the foregoing, where elected by
the Employer in the Adoption Agreement (the "QJSA Election "), the Beneficiary designation is subject to
the requirements of Article XVII. Notwithstanding the foregoing, to the extent permitted by the Employer, a
Beneficiary receiving required minimum distributions in accordance with Article X and not in a benefit form
elected under Article XI or XII, may designate a Beneficiary to receive the required minimum distributions that
would have otherwise been payable to the initial Beneficiary but for his or her death.
2.05 Break in Service. A Period of Severance of at least twelve (12) consecutive months. In the case of an individual
who is absent from work for maternity or paternity reasons, the twelve (12) consecutive month period beginning
on the first anniversary of the first date of such absence shall not constitute a Break in Service. For purposes of
this paragraph, an absence from work for maternity or paternity reasons means an absence (1) by reason of the
pregnancy of the individual, (2) by reason of the birth of a child of the individual, (3) by reason of the placement
of a child with the individual in connection with the adoption of such child by such individual, or (4) for
purposes of caring for such child for a period beginning immediately following such birth or placement.
2.06 Code. The Internal Revenue Code of 1986, as amended from time to time.
2.07 Covered Employment Classification. The group or groups of Employees eligible to make and /or have
contributions to this Plan made on their behalf, as specified by the Employer in the Adoption Agreement.
1 Money Purchase Plan & Trust
2.08 Disability. A physical or mental impairment which is of such permanence and degree that, as determined by
the Employer, a Participant is unable because of such impairment to perform any substantial gainful activity
for which he /she is suited by virtue of his /her experience, training, or education and that has lasted, or can be
expected to last, for a continuous period of not less than twelve (12) months, or can be expected to result in
death. The permanence and degree of such impairment shall be supported by medical evidence. If the Employer
maintains a long -term disability plan, the definition of Disability shall be the same as the definition of disability
in the long -term disability plan.
2.09 Earnings.
(a) General Rule. Earnings, which form the basis for computing Employer Contributions, are all of each
Participant's W -2 earnings which are actually paid to the Participant during the Plan Year, plus any
contributions made pursuant to a salary reduction agreement which are not includible in the gross income
of the Employee under section 125, 402(e)(3), 402(h)(1)(B), 403(b), 414(h)(2), 457(b), or, effective January
1, 2001, 132(f)(4) of the Code. Earnings shall include any pre -tax contributions (excluding direct employer
contributions) to an integral part trust of the Employer providing retiree health care benefits. Earnings shall
also include any other earnings as defined and elected by the Employer in the Adoption Agreement. Unless
the Employer elects otherwise in the Adoption Agreement, Earnings shall exclude overtime compensation
and bonuses.
(b) Limitation on Earnings. For any Plan Year beginning after December 31, 2001, the annual Earnings of
each Participant taken into account in determining allocations shall not exceed $200,000, as adjusted for
cost -of- living increases in accordance with section 401(a)(17)(B) of the Code. Annual Earnings means
Earnings during the Plan Year or such other consecutive 12 -month period over which Earnings is otherwise
determined under the Plan (the determination period). The cost -of- living adjustment in effect for a calendar
year applies to annual Earnings for the determination period that begins with or within such calendar year.
If a determination period consists of fewer than twelve (12) months, the annual Earnings limit is an amount
equal to the otherwise applicable annual Earnings limit multiplied by the fraction, the numerator of which is
the number of months in the short Plan Year and the denominator of which is twelve (12).
If Earnings for any prior determination period are taken into account in determining a Participant's
allocations for the current Plan Year, the Earnings for such prior year are subject to the applicable annual
Earnings limit in effect for that prior year.
(c) Limitations for Governmental Plans. In the case of an eligible participant in a governmental plan (within
the meaning of section 414(d) of the Code), the dollar limitation shall not apply to the extent the Earnings
which are allowed to be taken into account under the Plan would be reduced below the amount which was
allowed to be taken into account under the Plan as in effect on July 1, 1993, as adjusted for increases in the
cost -of- living in accordance with section 401(a) (17)(B) of the Code. For purposes of this Section, an eligible
participant is an individual who first became a Participant in the Plan during a Plan Year beginning before
the first Plan Year beginning after December 31, 1993.
(d) Earnings Paid After Severance from Employment. Earnings for purposes of allocations under the Plan shall
not include amounts paid after a Participant's severance from Employment with the Employer except as
provided in this Section 2.09(d).
(1) Leave Cashouts. Earnings shall include payment for unused accrued bona fide sick, vacation, or other
leave, but only if (1) the Participant would have been able to use the leave if employment had continued,
and (ii) such amounts are paid by the later of 21/2 months after severance from employment with
the Employer maintaining the Plan or by the end of the calendar year that includes the date of such
severance from employment.
Money Purchase Plan & Trust 2
(2) Regular Pay. Earnings shall include regular pay after severance from employment if:
(a) The payment is included in the Participant's W-2 earnings;
(b) The payment would have been paid to the Participant prior to a severance from employment if the
Participant had continued in employment with the Employer; and
(c) Such amounts are paid by the later of 21/2 months after severance from employment with the
Employer maintaining the Plan or by the end of the calendar year that includes the date of such
severance from employment.
Notwithstanding anything to the contrary in this subsection (b), unless the Employer has specifically
elected to include overtime compensation and bonuses in Earnings, Earnings shall exclude overtime
compensation and bonuses paid after severance from employment.
(3) Effective Date. This Section 2.09(d) is effective for Plan Years beginning on or after January 1, 2009. For
Plan Years beginning before January 1, 2009, the amounts specified in subsections (a) and (b) must be
paid within 21hmonths after severance from employment with the Employer maintaining the Plan.
2.10 Effective Date. The first day of the Plan Year during which the Employer adopts the Plan, unless the Employer
elects in the Adoption Agreement an alternate date as the Effective Date of the Plan.
2.11 Employee. Any individual who has applied for and been hired in an employment position and who is employed
by the Employer as a common law employee; provided, however, that Employee shall not include any individual
who is not so recorded on the payroll records of the Employer, including'any such person who is subsequently
reclassified by a court of law or regulatory body as a common law employee of the Employer. For purposes of
clarification only and not to imply that the preceding sentence would otherwise cover such person, the term
Employee does not include any individual who performs services for the Employer as an independent contractor,
or under any other non - employee classification.
2.12 Employer. The unit of state or local government or an agency or instrumentality of one (1) or more states or local
governments that executes the Adoption Agreement.
2.13 Hour of Service. Each hour for which an Employee is paid or entitled to payment for the performance of duties
for the Employer.
2.14 Nonforfeitable Interest. The nonforfeitable interest of the Participant or his /her Beneficiary (whichever is
applicable) is that percentage of his /her Employer Contribution Account balance, which has vested pursuant to
Article VII. A Participant shall, at all times, have a one hundred percent (100 %) Nonforfeitable Interest in his/
her Participant Contribution, Rollover, and Voluntary Contribution Accounts.
2.15 Normal Retirement Age. The age which the Employer specifies in the Adoption Agreement. If the Employer
enforces a mandatory retirement age, the Normal Retirement Age is the lesser of that mandatory age or the age
specified in the Adoption Agreement.
2.16 Participant. An Employee or former Employee for whom contributions have been made under the Plan and
who has not yet received all of the payments of benefits to which he /she is entitled under the Plan. A Participant
is treated as benefiting under the Plan for any Plan Year during which the participant received or is deemed to
receive an allocation in accordance with Treas. Reg. section 1.410(b) -3(a).
3 Money Purchase Plan & Trust
2.17 Period of Service. For purposes of determining an Employee's initial or continued eligibility to participate in the
Plan or the Nonforfeitable Interest in the Participant's Account balance derived from Employer Contributions, an
Employee will receive credit for the aggregate of all time period(s) commencing with the Employee's first day of
employment or reemployment and ending on the date a Break in Service begins. The first day of employment or
reemployment is the first day the Employee performs an Hour of Service. An Employee will also receive credit for
any Period of Severance of less than twelve (12) consecutive months. Fractional periods of a year will be expressed
in terms of days.
Notwithstanding anything to the contrary herein, if the Plan is an amendment and restatement of a plan that
previously calculated service under the hours of service method, service shall be credited in a manner that is at
least as generous as that provided under Treas. Regs. section 1.410(a) -7(g).
2.18 Period of Severance. A continuous period of time during which the Employee is not employed by the Employer.
Such period begins on the date the Employee retires, quits or is discharged, or if earlier, the twelve (12) month
anniversary of the date on which the Employee was otherwise first absent from service.
2.19 Plan. This Plan, as established by the Employer, including any elected provisions pursuant to the Adoption
Agreement.
2.20 Plan Administrator. The person(s) or entity named to carry out certain nondiscretionary administrative
functions under the Plan, as hereinafter described, which is the ICMA Retirement Corporation or any successor
Plan Administrator. Unless otherwise provided in the Plan, the Plan Administrator shall act at the direction of the
Employer and shall be fully protected in acting on such direction.
2.21 Plan Year. The twelve (12) consecutive month -period designated by the Employer in the Adoption Agreement.
2.22 Trust. The Trust created under Article VI of the Plan which shall consist of all of the assets of the Plan derived
from Employer and Participant contributions under the Plan, plus any income and gains thereon, less any losses,
expenses and distributions to Participants and'Beneficiaries.
III. ELIGIBILITY
3.01 Service. Except as provided in Sections 3.02 and 3.03 of the Plan, an Employee within the Covered Employment
Classification who has completed a twelve (12) month Period of Service shall be eligible to participate in the Plan
at the beginning of the payroll period next commencing thereafter. The Employer may elect in the Adoption
Agreement to waive or reduce the twelve (12) month Period of Service.
If the Employer maintains the plan of a predecessor employer, service with such employer shall be treated as
Service for the Employer.
3.02 Age. The Employer may designate a minimum age requirement, not to exceed age twenty-one (21), for
participation. Such age, if any, shall be declared in the Adoption Agreement.
3.03 Return to Covered Employment Classification. In the event a Participant is no longer a member of Covered
Employment Classification and becomes ineligible to make contributions and /or have contributions made on
his /her behalf, such Employee will become eligible for contributions immediately upon returning to a Covered
Employment Classification. If such Participant incurs a Break in Service, eligibility will be determined under the
Break in Service rules of the Plan.
In the event an Employee who is not a member of a Covered Employment Classification becomes a member,
such Employee will be eligible to participate immediately if such Employee has satisfied the minimum age and
service requirements and would have otherwise previously become a Participant.
Money Purchase Plan & Trust 4
3.04 Service Before a Break in Service. All Periods of Service with the Employer are counted toward eligibility,
including Periods of Service before a Break in Service.
N. CONTRIBUTIONS
4.01 Employer Contributions. For each Plan Year, the Employer will contribute to the Trust an amount as specified
in the Adoption Agreement. The Employer's full contribution for any Plan Year shall be due and paid not
later than thirty (30) working days after the close of the Plan Year. Each Participant will share in Employer
Contributions for the period beginning on the date the Participant commences participation under the Plan and
ending on the date on which such Employee severs employment with the Employer or is no longer a member of
a Covered Employment Classification, and such contributions shall be accounted for separately in his Employer
Contribution Account. Notwithstanding anything to the contrary herein, if so elected by the Employer in the
Adoption Agreement, an Employee shall be required to make contributions as provided pursuant to Section 4.03
or 4.04 in order to be eligible for Employer Contributions to be made on his /her behalf to the Plan.
4.02 Forfeitures. All amounts forfeited by terminated Participants, pursuant to Section 7.06, shall be used no later
than the end of the next Plan Year. Forfeitures will be used to reduce dollar for dollar Employer Contributions
otherwise required under the Plan. Forfeitures may first be used to pay the reasonable administrative expenses of
the Plan, with any remainder being applied to reduce Employer Contributions.
4.03 Mandatory Participant Contributions. If the Employer so elects in the Adoption Agreement, each eligible
Employee shall make contributions at a rate prescribed by the Employer or at any of a range of specified rates,
as set forth by the Employer in the Adoption Agreement, as a requirement for his /her participation (1) in the
Plan or (2) in this portion of the Plan. Once an eligible Employee becomes a Participant and makes an election
hereunder, he /she shalt not thereafter have the right to discontinue or vary the rate of such Mandatory Participant
Contributions. Such contributions shall be accounted for separately in the Participant Contribution Account.
Such Account shall`be:t all tithes nonforfeitable "by the Participant.
If the Employer so elects in the Adoption Agreement, the Mandatory Participant Contributions shall be "picked
up" by the Employer in accordance with Code section 414(h)(2). Any contribution picked -up under this Section
shall be treated as an employer contribution in determining the tax treatment under the Code, and shall not be
included as gross income of the Participant until it is distributed.
To constitute a Pick -Up Contribution, (1) the Employer must specify in a contemporaneous written document
by a person duly authorized by the Employer that the contributions are being paid by the Employer in lieu of
contributions by the Employee, and (2) the Employee must not be given the option of choosing to receive the
contributed amounts directly instead of having them paid by the Employer to the Plan.
4.04 Employer Matching Contributions of Voluntary Participant Contributions. If the Employer so elects in the
Adoption Agreement, Employer Matching Contributions shall be made on behalf of an eligible Employee for a
Plan Year only if the Employee agrees to make Voluntary Participant Contributions for that Plan Year The rate
of Employer Contributions shall, to the extent specified in the Adoption Agreement, be based upon the rate at
which Voluntary Participant Contributions are made for that Plan Year. Employer Matching Contributions shall
be accounted for separately in the Employer Contribution Account.
4.05 Voluntary Participant Contributions. If the Employer so elects in the Adoption Agreement, an eligible
Employee may make after -tax voluntary (unmatched) contributions under the PIan for any Plan Year in any
amount up to twenty-five percent (25 %) of his /her Earnings for such Plan Year. Matched and unmatched
contributions shall be accounted for separately in the Participant's Voluntary Contribution Account. Such
Account shall be at all times nonforfeitable by the Participant.
5 Money Purchase Plan & Trust
4.06 Deductible Employee Contributions. The Plan will not accept deductible employee contributions which are
made for a taxable year beginning after December 31, 1986. Contributions made prior to that date will be
maintained in a Deductible Employee Contribution Account. The Account will share in the gains and losses
under the Plan in the same manner as described in Section 6.06 of the Plan. Such Account shall be at all times
nonforfeitable by the Participant. No part of the deductible voluntary contribution account will be used to
purchase life insurance.
4.07 Final Pay Contributions. If the Employer so elects in the Adoption Agreement, eligible Participants shall be
eligible to make or receive Final Pay Contributions under this Plan in accordance with Article XVIII. This
election may be made even if the Employer does not elect to make contributions under Section 4.01.
4.08 Accrued Leave Contributions. If the Employer so elects in the Adoption Agreement, eligible Participants shall
be eligible to make or receive Accrued Leave Contributions under this Plan in accordance with Article XIX. This
election may be made even if the Employer does not elect to make contributions under Section 4.01.
4.09 Military Service Contributions. Notwithstanding any provision of the Plan to the contrary, effective December
12, 1994, contributions, benefits and service credit with respect to qualified military service will be provided in
accordance with section 414(u) of the Code.
Effective December 12, 1994, if the Employer has elected in the Adoption Agreement to make loans available
to Participants, loan repayments shall be suspended under the Plan as permitted under section 414(u)(4) of the
Code..
4.10 Accrual of Additional Benefits for Qualified Military Service. ; 0
) Death Benefits with Respect to Qualified Military Service. In the case of a Participant who dies on or after
January 1, 2007, while performing qualified military service (as defined in Code section 414(u))with respect
to the Employer, his /her Beneficiary shall have a Nonforfeitable Interest in the Participant's entire Employer
Contribution Account to the extent that he /she would have had had the Participant resumed and then
terminated employment on account of death.
(b) Benefit Accruals with Respect to Differential Wage Payments. If the Employer so elects in the Adoption
Agreement, effective as elected by the Employer but no earlier than January 1, 2009, Plan contributions
shall be made based on differential wage payments (as such term is defined in Code section 3401(h)(2)).
Solely for purposes of applying the limits of Code section 415, differential wage payments shall be treated as
compensation.
(c) Benefit Accruals with Respect to Qualified Military Service. Notwithstanding any provision of the Plan
to the contrary, effective as elected by the Employer but no earlier than January 1, 2007, if the Employer
so elects in the Adoption Agreement, Participants who die or become Disabled while performing qualified
military service (as defined in Code section 414(u)) with respect to the Employer shall receive Plan
contributions as permitted under Code section 414(u)(9).
4.11 Changes in Participant Election. A Participant may elect to change his /her rate of Voluntary Participant
Contributions at any time or during an election period as designated by the Employer. A Participant may
discontinue such contributions at any time or during an election period as designated by the Employer.
Money Purchase Plan & Trust 6
4.12 Portability of Benefits.
(a) Unless otherwise elected by the Employer in the Adoption Agreement, the Plan will accept Participant
(which shall include, for purposes of this subsection, an Employee within the Covered Employment
Classification whether or not he /she has satisfied the minimum age and service requirements of Article III)
rollover contributions and /or direct rollovers of distributions (including after -tax contributions) made after
December 31, 2001 that are eligible for rollover in accordance with Section 402(c), 403(a)(4), 403(b)(8),
408(d)(3)(A)(ii), or 457(e)(16) of the Code, from all of the following types of plans:
(1) A qualified plan described in Section 401(a) or 403(a) of the Code;
(2) An annuity contract described in Section 403(b) of the Code;
(3) An eligible plan under Section 457(b) of the Code which is maintained by a state, political subdivision
of a state, or any agency or instrumentality of a state or a political subdivision of a state; and
(4) An individual retirement account or annuity described in Section 408(a) or 408(b) of the Code
(including SEPs, and SIMPLE IRAs after two years of participating in the SIMPLE IRA).
(b) Notwithstanding the foregoing, the Employer may reject the rollover contribution if it determines, in its
discretion, that the form and nature of the distribution from the other plan does not satisfy the applicable
requirements under the Code to make the transfer or rollover a nontaxable transaction to the Participant;
(c) For indirect rollover contributions, the amount distributed from su 4Ian must be rolled over to this Plan
no later than the sixtieth (60th) day after the distributionswas made'from the plan, unless otherwise waived
by the IRS pursuant to. Section 402(c)(3) of the Code. 'w
(d) The amount transferred shall be deposited in the Trust and shall be'credited to a Rollover Account. Such
Account shall be one hundred percent (100%) vested in the Participant.
(e) The Plan will accept accumulated deductible employee contributions as defined in section 72(o)(5) of the
Code that were distributed from a qualified retirement plan and transferred (rolled -over) pursuant to section
402(c), 403(a)(4), 403(b)(8), or 408(d)(3) of the Code. Notwithstanding the above, this transferred (rolled
over) amount shall be deposited to the Trust and shall be credited to a Deductible Employee Contributions
Account. Such Account shall be one-hundred percent (100 %) vested in the Participant.
(f) A Participant may, upon approval by the Employer and the Plan Administrator, transfer his /her interest in
another plan maintained by the Employer that is qualified under section 401(a) of the Code to this Plan,
provided the transfer is effected through a one -time irrevocable written election made by the Participant. The
amount transferred shall be deposited in the Trust and shall be credited to sources that maintain the same
attributes as the plan from which they are transferred. Such transfer shall not reduce the accrued years or
service credited to the Participant for purposes of vesting or eligibility for any Plan benefits or features.
4.13 Return of Employer Contributions. Any contribution, made by the Employer because of a mistake of fact must
be returned to the Employer within one year of the date of contribution.
7 Money Purchase Plan & Trust
V. LIMITATION ON ALLOCATIONS
5.01 Participants Only in This Plan.
(a) If the Participant does not participate in, and has never participated in another qualified plan or a welfare
benefit fund, as defined in section 419(e) of the Code, maintained by the Employer, or an individual medical
account, as defined by section 415(1)(2) of the Code, maintained by the Employer, which provides an
Annual Addition, the amount of Annual Additions which may be credited to the Participant's Account for
any Limitation Year will not exceed the lesser of the Maximum Permissible Amount or any other limitation
contained in this Plan. If the Employer Contribution that would otherwise be contributed or allocated to
the Participant's Account would cause the Annual Additions for the Limitation Year to exceed the Maximum
Permissible Amount, the amount contributed or allocated will be reduced so that the Annual Additions for
the Limitation Year will equal the Maximum Permissible Amount.
(b) Prior to determining the Participant's actual Compensation for the Limitation Year, the Employer may
determine the Maximum Permissible Amount for a Participant on the basis of a reasonable estimation of
the Participant's Compensation for the Limitation Year, uniformly determined for all Participants similarly
situated.
(c) As soon as is administratively feasible after the end of the Limitation Year, the Maximum Permissible Amount
for the Limitation Year will be determined on the basis of the Participant's actual Compensation for the
Limitation Year.
5.02 Participants in Another Defined Contributign ,Plan.
(a) Unless the Employer provides other limitations,in the. Adoption Agreement, this Section applies if, in
addition to this Plan, the Participant is covered under another qualified defined contribution plan maintained
by the Employer, or a welfare benefit fund,as defined in section 419(e) of the Code, maintained by the
Employer, or an individual medical account, as defined by section 415(1)(2) of the Code, maintained by the
Employer, which provides an Annual Addition, during any Limitation Year. The Annual Additions which
may be credited to a Participant's Account under this Plan for any such Limitation Year will not exceed
the Maximum Permissible Amount reduced by the Annual Additions credited to a Participant's Account
under the other plans and welfare benefit funds for the same Limitation Year. If the Annual Additions with
respect to the Participant under other defined contribution plans and welfare benefit funds maintained by
the Employer are less than the Maximum Permissible Amount and the Employer contribution that would
otherwise be contributed or allocated to the Participant's Account under this Plan would cause the Annual
Additions for the Limitation Year to exceed this limitation, the amount contributed or allocated will be
reduced so that the Annual Additions under all such plans and funds for the Limitation Year will equal
the Maximum Permissible Amount. If the Annual Additions with respect to the. Participant under such
other defined contribution plans and welfare benefit funds in the aggregate are equal to or greater than the
Maximum Permissible Amount, no amount will be contributed or allocated to the Participant's Account
under this Plan for the Limitation Year.
(b) Prior to determining the Participant's actual Compensation for the Limitation Year, the Employer may
determine the Maximum Permissible Amount for a Participant in the manner described in Section 5.01(b).
(c) As soon as is administratively feasible after the end of the Limitation Year, the Maximum Permissible Amount
for the Limitation Year will be determined on the basis of the Participant's actual Compensation for the
Limitation Year.
Money Purchase Plan & Trust 8
(d) If, pursuant to Subsection (c) or as a result of the allocation of forfeitures, a Participant's Annual Additions
under this Plan and such other plans would result in an Excess Amount for a Limitation Year, the Excess
Amount will be deemed to consist of the Annual Additions last allocated, except that Annual Additions
attributable to a welfare benefit fund or individual medical account will be deemed to have been allocated
first regardless of the actual allocation date.
(e) If an Excess Amount was allocated to a Participant on an allocation date of this Plan which coincides with an
allocation date of another plan, the Excess Amount attributed to this Plan will be the product of,
(1) The total Excess Amount allocated as of such date, multiplied by
(2) The ratio of (i) the Annual Additions allocated to the Participant for the Limitation Year as of such date
under this Plan to (ii) the total Annual Additions allocated to the Participant for the Limitation Year as
of such date under this and all the other qualified prototype defined contribution plans.
5.03 Definitions. For the purposes of this Article, the following definitions shall apply:
(a) Annual Additions. The sum of the following amounts credited to a Participant's account for the Limitation
Year:
(1) Employer Contributions (including contributions "picked up" by the Employer under Section 4.03);
(2) Forfeitures;
(3) Employee contributions (including after -tax Voluntary Contributions under Section 4.05 and
Mandator};cpant,Contributions under Section 4.03 not "picked up" by the Employer); and
(4) Allocations `under a simplified employee pension. Amounts allocated, after March 31, °1984, to an
individual medical account, as defined in section 415(1)(2)' of the Code, which is part of a pension or
annuity plan maintained by the Employer, are treated as Annual Additions to a defined contribution
plan.
(5) Notwithstanding the above, the term Annual Additions does not include the following:
(a) Restorative Payments.' Annual Additions for purposes of Code section 415 shall not include
restorative payments. For this purpose, restorative payments are payments made to restore losses to a
plan resulting from actions by a fiduciary for which there is reasonable risk of liability for breach of a
fiduciary duty under applicable federal or state law, where °Participants who are similarly situated are
treated similarly with respect to the payments.` Generally, payments to a defined contribution plan
are restorative payments only if the payments are made in order to restore some or all of the plan's
losses due' to an action (or a failure to act) that creates a reasonable risk ofhability for such a breach
of fiduciary duty (other than a breach of fiduciary duty arising from`failure to remit contributions to
the plan). This includes payments to a plan made pursuant to a court - approved settlement to restore
losses to a qualified defined contribution plan on account of the breach of fiduciary duty (other than
a breach of fiduciary duty arising from failure to remit contributions to the plan). Payments made to
a plan to make up for losses due merely to market fluctuations and other payments that are not made
on account of a reasonable risk of liability for breach of a fiduciary duty are not restorative payments
and generally constitute contributions that give rise to Annual Additions.
9 Money Purchase Plan & Trust
(b) Other Amounts. Annual Additions for purposes of Code section 415 shall not include (i) the
direct transfer of a benefit or employee contributions from a qualified plan to this Plan; (ii) rollover
contributions (as described in Code sections 401(a)(31), 402(c)(1), 403(a)(4), 403(b)(8), 408(d)
(3), and 457(e)(16)); (iii) repayments of loans made to a Participant from the Plan; (iv) repayments
of amounts described in Code section 411(a)(7)(B) (in accordance with Code sections 411(a)(7)(C))
and 411(a)(3)(D) or repayment of contributions to a governmental plan (as defined in Code section
414(d)) as described in Code section 415(k)(3), as well as Employer restorations of benefits that
are required pursuant to such repayments; (v) Employee Contributions to a qualified cost of living
arrangement within the meaning of Code section 415(k)(2)(B); (vi) catch -up contributions made
in accordance with section 414(v) and §1.414(v) -1 and (vii) excess deferrals that are distributed in
accordance with §1.402(g)-1(e)(2) or (3).
(c) Date of Employer Contributions. Notwithstanding anything in the Plan to the contrary, Employer
Contributions are treated as credited to a Participant's account for a particular Limitation Year only if
the contributions are actually made to the plan no later than the 15th day of the tenth calendar month
following the end of the calendar year or fiscal year (as applicable, depending on the basis on which
the Employer keeps its books) with or within which the particular Limitation Year ends.
(b) Compensation. Participant's wages, salaries, fees for professional services, and other amounts received
(without regard to whether an amount is paid in cash) for personal services actually rendered in the course
of employment with the Employer, to the extent that the amounts are includible in gross income (or to the
extent amounts would have been received and includible in gross income but for an election under Code
section 125(a), 132(0(4), 402(e)(3), 402(h)(1)(B), 402(k), or 457(b)). These amounts include, but are not
limited to, bonuses, fringe benefits, and reimbursements or other expense allowances under anonaccountable
plan as described in Treas. Reg. section 1.62 -2(c).
(1) Notwithstanding the foregoing, Compensation does not include:
(i) Contributions (other than elective contributions described in Code section 402(e)(3), 40g(k)(6),
408(p)(2)(A)(i), or 457(b)) made by the Employer to a plan of deferred compensation (including
a simplified employee pension described in Code section 408(k) or a simple retirement account
described in Code section 408(p), and whether or not qualified) to the extent that the contributions
are not includible in the gross income of the Participant for the taxable year in which contributed. In
addition, any distributions from a plan of deferred compensation (whether or not qualified) are not
considered as Compensation for Code section 415 purposes, regardless of whether such amounts are
includible in the gross income of the Participant when distributed; and
(ii) Other amounts that receive special tax benefits, such as premiums for group -term life insurance (but
only to the extent that the premiums are not includible in the gross income of the Participant and are
not salary reduction amounts that are described in Code section 125).
(iii) Other items of remuneration that are similar to the items listed in subparagraph (i) or (ii) of this
subsection (b).
(2) Compensation Paid After Severance or Deemed Severance from Employment. Compensation shall be
adjusted as set forth herein for the following types of compensation paid after a Participant's severance
from employment (as determined under section 415 of the Code and the regulations thereunder) with
the Employer. Any payment that is not described in subsection (i), (ii), (iii), or (iv) of this Section is not
considered Compensation within the meaning of section 415 of the Code if paid after severance from
employment with the Employer.
Money Purchase Plan & Trust 10
(i) Regular Pay.
(A) Compensation shall include regular pay after severance of employment if the payment is regular
compensation for services during the Participant's regular working hours, or compensation for
services outside the Participant's regular working hours (such as overtime or shift differential),
commissions, bonuses, or other similar payments;
(B) The payment would have been paid to the Participant prior to a severance from employment if
the Participant had continued in employment with the Employer; and
(C) Such amounts are paid:
1. for Limitation Years beginning before January 1, 2009, within 2'h months after severance
from employment with the Employer maintaining the Plan; and
2. for Limitation Years beginning on or after January 1, 2009, by the later of 21/2 months after
severance from employment with the Employer maintaining the. Plan or by the end of the
calendar year that includes the date of such severance from employment.
(D) The date January 1, 2009 in subsections (b)(2)(i)(C)(1) and (2) of this Section shall be
substituted for an earlier effective date if provided in Article II of the Adoption Agreement but
no earlier than July 1, 2007.
(ii) Leave Cashouts.
(A) For Limitation Years beginning before January., 1, 2009kCcpensation shall include payment
for unused accrued bona fide sick, vacation, or other le�?ut only if (I) the Participant would
have been able to use the leave if employment had continued, (II) such amounts are paid within
21 months after severance from employment with the Frploy r maintaining the Plan, and (III)
such amounts would be included in Compensation if the individual had continued to perform
services for the Employer.
(B) For Limitation Years beginning on or after January 1, 2009, Compensation shall include payment
for unused accrued bona fide sick, vacation, or other leave, but only if (I) the Participant would
have been able to use the leave if employment had continued, (II) such amounts are paid by the
later of 21 months after severance from employment with the Employer maintaining the Plan
or by the end of the calendar year that includes the date of such severance from employment,
and (III) such amounts would be included in Compensation if the individual had continued to
perform services for the Employer.
(C) The date January 1, 2009 in subsections (b)(2)(ii)(A) and (B) of this Section shall be substituted
for an earlier effective date if provided in Article II of the Adoption Agreement but no earlier
than July 1, 2007.
(iii) Salary Continuation Payments for Military Service Participants.
(A) Compensation includes payments to an individual who does not currently perform services for
the Employer by reason of qualified military service (as that term is used in Code section 414(u)
(1)) to the extent:
1. Those payments do not exceed the amounts the individual would have received if the
individual had continued to perform services for the Employer rather than entering qualified
military service; and
11 Money Purchase Plan & Trust
2. Those payments would be included in Compensation if the individual had continued to
perform services for the Employer rather than entering qualified military service.
(B) Notwithstanding the foregoing, Compensation does not include distributions from this Plan to
an individual who does not currently perform services for the Employer by reason of qualified
military service (as that term is used in Code section 414(u)(1)).
(iv) Salary Continuation Payments for Disabled Participants.
(A) Compensation includes amounts paid to a Participant who is permanently and totally disabled
(as defined in Code section 22(e)(3)) to the extent:
1. Salary continuation applies to all Participants who are permanently and totally disabled for a
fixed or determinable period or the Participant was not a highly compensated employee (as
defined in Code section 414(q)) immediately before becoming disabled.
2. Those amounts would be included in Compensation if the Participant had continued to
perform services for the Employer.
(B) Notwithstanding the foregoing, Compensation does not include distributions from this Plan to a
Participant who is permanently and totally disabled (as defined in Code section 22(e)(3)).
For purposes of applying the limitations of this Article, Compensation for a Limitation Year
is the Compensation actually paid or made available during such year. Compensation for a
Limitation Year shall not include amounts earned but not paid during the Limitation Year solely
because of the timing of pay periods and pay dates.
(c) Defined Contribution Dollar Limitation: $40,000, as adjusted for increases in the cost of- living in accordance
with section 415(d) of the Code.
(d) Employer: The Employer that adopts this Plan.
(e) Excess Amount: The excess of the Participant's Annual Additions for the Limitation Year over the Maximum
Permissible Amount. Any Excess Amount shall include allocable income. The income allocable to an Excess
Amount is equal to the sum of allocable gain or loss for the Plan Year and the allocable gain or loss for the
period between the end of the Plan Year and the date of distribution (the gap period). The Plan may use any
reasonable method for computing the income allocable to an Excess Amount, provided that the method is
used consistently for all Participants and for all corrective distributions under the Plan for the Plan Year, and
is used by the Plan for allocating income to Participants' Accounts.
(f) Limitation Year: A calendar year, or the twelve (12) consecutive month period elected by the Employer in
section IX. 2 of the Adoption Agreement. All qualified plans maintained by the Employer must use the same
Limitation Year. If the Limitation Year is amended to a different twelve (12) consecutive month period, the
new Limitation Year must begin on a date within the Limitation Year in which the amendment is made. The
Limitation Year may only be changed by Plan amendment. Furthermore, if the Plan is terminated effective
as of a date other than the last day of the Plan's Limitation Year, then the Plan is treated as if the Plan had
been amended to change its Limitation Year and the maximum permissible amount shall be prorated for the
resulting short Limitation Year.
Money Purchase Plan & Trust 12
(g) Maximum Permissible Amount: The maximum Annual Addition that may be contributed or allocated to a
Participant's Account under the Plan for any Limitation Year shall not exceed the lesser of:
(1) The Defined Contribution Dollar Limitation, or
(2) One hundred percent (100 %) of the Participant's Compensation for the Limitation Year.
The compensation limit referred to in (2) shall not apply to any contribution for medical benefits after
separation from service (within the meaning of section 401(h) or section 419A(f)(2) of the Code) which
is otherwise treated as an annual addition.
If a short Limitation Year is created because of an amendment changing the Limitation Year to a different
twelve (12) consecutive month period, the Maximum Permissible Amount will not exceed the Defined
Contribution Dollar Limitation multiplied by the following fraction:
Number of months in the short Limitation Year
12
5.04 Aggregation and Disaggregation of Plans.
(a) Generally. For purposes of applying the limitations of Code section 415, all defined contribution plans
(without regard to whether a plan has been terminated) ever maintained by the Employer (or a "predecessor
employer ") under which the Participant receives Annual Additions are treated as one defined contribution
plan. The "Employer" means the Employer that adopts this Plan and any other entity which the Employer
determines, based on a reasonable, good faith interpretation of existing law in accordance with Notice 89-
23, 1989 -1 CB, 654, as modified by Notice 96 -64, 1996-2 C.B. 229, should be aggregated for purposes of
applying the litt}itactons of Code section 415. For purposes of this Section:
(1) A former emploiyer is a "predecessor employer" with respect to a Participant if the Employer maintains
a plan under which the Participant had accrued a benefit while performing services for the former
employer, but only if that benefit is provided under the plan maintained by the Employer. For this
purpose, the formerly affiliated plan rules in Treas. Reg. section 1.415(f)- 1(6)(2) apply as if the Employer
and predecessor employer constituted a single employer under the rules described in Treas. Reg. section
1.415(a)- 1(f)(1) and (2) immediately prior to the cessation of affiliation (and as if they constituted two,
unrelated employers under the rules described in Treas. Reg. section 1.415(a)- 1E0(1) and (2) immediately
after the cessation of affiliation) and cessation of affiliation was the event that gives rise to the predecessor
employer relationship, such as a transfer of benefits or plan sponsorship.
(2) With respect to an Employer, a former entity that antedates the Employer is a "predecessor employer"
with respect to a Participant if, under the facts and circumstances, the Employer constitutes a
continuation of all or a portion of the trade or business of the former entity.
(b) Midyear Aggregation. Two or more defined contribution plans that are not required to be aggregated pursuant
to Code section 415(0 and the Treasury Regulations thereunder as of the first day of a Limitation Year do not
fail to satisfy the requirements of Code section 415 with respect to a Participant for the Limitation Year merely
because they are aggregated later in that Limitation Year, provided that no Annual Additions are credited to
the Participant's account after the date on which the plans are required to be aggregated.
5.05 Effective Date. Except as otherwise provided in Section 5.03(b)(2), this Article shall apply to limitation years
beginning on or after July 1, 2007. The Employer may elect a delayed effective date for this Article in Section IX.
3 of the Adoption Agreement, however, such effective date must apply to limitation years that begin on or after
the date that is 90 days after the close of the first legislative session of the legislative body with authority to amend
the plan that begins on or after July 1, 2007.
13 Money Purchase Plan & Trust
VI. TRUST AND INVESTMENT OF ACCOUNTS
6.01 Trust. A Trust is hereby created to hold all of the assets of the Plan for the exclusive benefit of Participants and
Beneficiaries, except that expenses and taxes may be paid from the Trust as provided in Section 6.03. The trustee
shall be the Employer or such other person which agrees to act in that capacity hereunder.
6.02 Investment Powers. The trustee or the Plan Administrator, acting as agent for the trustee, shall have the powers
listed in this Section with respect to investment of Trust assets, except to the extent that the investment of Trust
assets is controlled by Participants, pursuant to Sections 6.05 and 13.03.
(a) To invest and reinvest the Trust without distinction between principal and income in common or preferred
stocks, shares of regulated investment companies and other mutual funds, bonds, notes, debentures,
mortgages, certificates of deposit, contracts with insurance companies including but not limited to insurance,
individual or group annuity, deposit administration, guaranteed interest contracts, and deposits at reasonable
rates of interest at banking institutions including but not limited to savings accounts and certificates of
deposit. Assets of the Trust may be invested in securities that involve a higher degree of risk than investments
that have demonstrated their investment performance over an extended period of time.
(b) To invest and reinvest all or any part of the assets of the Trust in any common, collective or commingled
trust fund that is maintained by a bank or other institution and that is available to Employee plans qualified
under section 401 of the Code, or any successor provisions thereto, and during the period of time that an
investment through any such medium shall exist, to the extent of participation of the Plan, the declaration of
trust of such common, collective, or commingled trust fund shall constitute a part of this Plan.
To invest and reinvest all or any part of the assets of the Trust in any group annuity, deposit administration or
guaranteed interest contract issued by an insurance company or other financial institution on a commingled
or collective basis with the assets of any other plan or trust qualified under section 401(a) of the Code or any
other plan described in section 401(a)(24) of the Code, and such contract may be held or issued in the name
of the Plan Administrator, or such custodian as the Plan Administrator may appoint, as agent and nominee
for the Employer. During the period that an investment through any such contract shall exist, to the extent
of participation of the Plan, the terms and conditions of such contract shall constitute a part of the Plan.
(d) To hold cash awaiting investment and to keep such portion of the Trust in cash or cash balances, without
liability for interest, in such amounts as may from time to time be deemed to be reasonable and necessary to
meet obligations under the Plan or otherwise to be in the best interests of the Plan.
(e) To hold, to authorize the holding of, and to register any investment to the Trust in the name of the Plan, the
Employer, or any nominee or agent of any of the foregoing, including the Plan Administrator, or in bearer
form, to deposit or arrange for the deposit of securities in a qualified central depository even though, when
so deposited, such securities may be merged and held in bulk in the name of the nominee of such depository
with other securities deposited therein by any other person, and to organize corporations or trusts under the
laws of any jurisdiction for the purpose of acquiring or holding title to any property for the Trust, all with or
without the addition of words or other action to indicate that property is held in a fiduciary or representative
capacity but the books and records of the Plan shall at all times show that all such investments are part of the
Trust.
(f) Upon such terms as may be deemed advisable by the Employer or the Plan Administrator, as the case may
be, for the protection of the interests of the Plan or for the preservation of the value of an investment, to
exercise and enforce by suit for legal or equitable remedies or by other action, or to waive any right or claim
on behalf of the Plan or any default in any obligation owing to the Plan, to renew, extend the time for
payment of, agree to a reduction in the rate of interest on, or agree to any other modification or change in
the terms of any obligation owing to the Plan, to settle, compromise, adjust, or submit to arbitration any
Money Purchase Plan & Trust 14
claim or right in favor of or against the Plan, to exercise and enforce any and all rights of foreclosure, bid for
property in foreclosure, and take a deed in lieu of foreclosure with or without paying consideration therefor,
to commence or defend suits or other legal proceedings whenever any interest of the Plan requires it, and
to represent the Plan in all suits or legal proceedings in any court of law or equity or before any body or
tribunal.
(g) To employ suitable consultants, depositories, agents, and legal counsel on behalf of the Plan.
(h) To open and maintain any bank account or accounts in the name of the Plan, the Employer, or any nominee
or agent of the foregoing, including the Plan Administrator, in any bank or banks.
(i) To do any and all other acts that may be deemed necessary to carry out any of the powers set forth herein.
6.03 Taxes and Expenses. All taxes of any and all kinds whatsoever that may be levied or assessed under existing
or future laws upon, or in respect to the Trust, or the income thereof, and all commissions or acquisitions or
dispositions of securities and similar expenses of investment and reinvestment of the Trust, shall be paid from
the Trust. Such reasonable compensation of the Plan Administrator, as may be agreed upon from time to time
by the Employer and the Plan Administrator, and reimbursement for reasonable expenses incurred by the Plan
Administrator in performance of its duties hereunder (including but not limited to fees for legal, accounting,
investment and custodial services) shall also be paid from the Trust. However, no person who is a fiduciary within
the meaning of section 3(21)(A) of ERISA and regulations promulgated thereunder, and who receives full -time
pay from the Employer may receive compensation from the Trust, except for expenses properly and actually
incurred.
6.04 Payment of Benefits. The payment of benefits from the Trust in accordance with the terms of the Plan may be
made by the Plan Administrator, or by any custodian or other person ssoutOrize.d,by the Employer to make
such disbursement. Benefits under this Plan shall, be paid only if the P1a A4rninistrator, custodian or other
person, or the Employer if directing such person, decides in his /her discetiignthat the applicant is - entitled to
e
them. The Plan Administrator, custodian or other person shall not be liable; with respect to any distribution of
Trust assets made at the direction of the Employer.
6.05 Investment Funds. In accordance with uniform and nondiscriminatory rules established by the Employer and
the Plan Administrator, the Participant may direct his/her Accounts to be invested in one (1) or more investment
funds available under the Plan; provided, however, that the Participant's investment directions shall not violate
any investment restrictions established by the Employer and shall not include any investment in collectibles, as
defined in section 408(m) of the Code.
6.06 Valuation of Accounts. As of each Accounting Date, the Plan assets held in each investment fund offered shall be
valued at fair market value and the investment income and gains or losses for each fund shall be determined. Such
investment income and gains or losses shall be allocated proportionately among all Account balances on a fund-
by-fund basis. The allocation shall be in the proportion that each such Account balance as of the immediately
preceding Accounting Date bears to the total of all such Account balances, as of that Accounting Date. For
purposes of this Article, all Account balances include the Account balances of all Participants and Beneficiaries.
6.07 Participant Loan Accounts. Participant Loan Accounts shall be invested in accordance with Section 13.03 of
the Plan. Such Accounts shall not share in any investment income and gains or losses of the investment funds
described in Section 6.05.
6.08 Deemed IRAs. If deemed IRAs are available pursuant to section 408(q) of the Code, the assets of such deemed
IRAs may be commingled with the Plan assets for investment purposes but, if held in the same trust, the trustee
shall maintain a separate account for each deemed IRA.
15 Money Purchase Plan & Trust
VII. VESTING
7.01 Vesting Schedule. The portion of a Participant's Account attributable to Mandatory Participant Contributions
and Voluntary Participant Contributions, and the earnings thereon, shall be at all times nonforfeitable by the
Participant. A Participant shall have a Nonforfeitable Interest in the percentage of his /her Employer Contribution
Account established under Section 4.01, 4.04, 18.02(a) and 19.02(a) determined pursuant to the schedule
elected by the Employer in the Adoption Agreement.
7.02 Crediting Periods of Service. Except as provided in Section 7.03, all of an Employee's Periods of Service with
the Employer are counted to determine the nonforfeitable percentage in the Employee's Account balance derived
from Employer Contributions. If the Employer maintains the plan of a predecessor employer, service with such
employer will be treated as service for the Employer.
For purposes of determining years of service and Breaks in Service for the purposes of computing a Participant's
nonforfeitable right to the Account balance derived from Employer Contributions, the twelve (12) consecutive
month period will commence on the date the Employee first performs an Hour of Service and each subsequent
twelve (12) consecutive month period will commence on the anniversary of such date.
7.03 Service After Break in Service. In the case of a Participant who has a Break in Service of at least five (5)
years, all Periods of Service after such Breaks in Service will be disregarded for the purpose of determining the
nonforfeitable percentage of the Employer- derived Account balance that accrued before such Break, but both pre -
Break and post -Break service will count for the purposes of vesting the Employer- derived Account balance that
accrues after such Break. Both Accounts will share in the earnings and losses of the fund.
In the case of a Participant who does not have a: Break in Service of at least five (5) years, both the pre -Break and
post -Break service will count in vesting both the pre -Break and post -Break Employer- derived Account balance.
In the case of a Participant who does not have any nonforfeitable right to the Account balance derived from
Employer Contributions, years of service before a period of consecutive one (1) year Breaks in Service will not be
taken into account in computing eligibility service if the number of consecutive one (1) year Breaks in Service in
such period equals or exceeds the greater of five (5) or the aggregate number of years of service. Such aggregate
number of years of service will not include any years of service disregarded under the preceding sentence by
reason of prior Breaks in Service.
If a Participant's years of service are disregarded pursuant to the preceding paragraph, such Participant will be
treated as a new Employee for eligibility purposes. If a Participant's years of service may not be disregarded
pursuant to the preceding paragraph, such Participant shall continue to participate in the Plan, or, if terminated,
shall participate immediately upon reemployment.
7.04 Vesting Upon Normal Retirement Age. Notwithstanding Section 7.01 of the Plan, a Participant shall have a
Nonforfeitable Interest in his /her entire Employer Contribution Account, to the extent that the balance of such
Account has not previously been forfeited pursuant to Section 7.06 of the Plan, if he /she is employed on or after
his /her Normal Retirement Age.
7.05 Vesting Upon Death or Disability. Notwithstanding Section 7.01 of the Plan, in the event of Disability
or death, a Participant or his /her Beneficiary shall have a Nonforfeitable Interest in his /her entire Employer
Contribution Account, to the extent that the balance of such Account has not previously been forfeited pursuant
to Section 7.06 of the Plan.
Money Purchase Plan & Trust 16
7.06 Forfeitures. Except as provided in Sections 7.04 and 7.05 of the Plan or as otherwise provided in this Section
7.06, a Participant who separates from service prior to obtaining full vesting shall forfeit that percentage of his/
her Employer Contribution Account balance which has not vested as of the date such Participant incurs a Break
in Service of five (5) consecutive years or, if earlier, the date such Participant receives, or is deemed under the
provisions of Section 9.04 to have received, distribution of the entire Nonforfeitable Interest in his /her Employer
Contribution Account. No forfeiture will occur solely as a result of a Participant's withdrawal of Employee
Contributions. Forfeitures shall be allocated in the manner described in Section 4.02.
7.07 Reinstatement of Forfeitures. If the Participant returns to the employment of the Employer before incurring a
Break in Service of five (5) consecutive years, any amounts forfeited pursuant to Section 7.06 shall be reinstated
to the Participant's Employer Contribution Account on the date of repayment by the Participant of the amount
distributed to such Participant from his /her Employer Contribution Account; provided, however, that if such
Participant forfeited his /her Account balance by reason of a deemed distribution, pursuant to Section 9.04, such
amounts shall be automatically restored upon the reemployment of such Participant. Such repayment must be
made before the earlier of five (5) years after the first date on which the Participant is subsequently reemployed by
the Employer, or the date the Participant incurs a Break in Service of five (5) consecutive years.
VIII. BENEFITS CLAIM
8.01 Claim of Benefits. A Participant or Beneficiary shall notify the Plan Administrator in writing of a claim of
benefits under the Plan. The Plan Administrator shall take such steps as may be necessary to facilitate the
payment of such benefits to the Participant or Beneficiary.
8.02 Appeal Procedure. If any claim for benefits is initially denied by the Plan Administrator, the claimant shall file
the appeal with the Erhp`Ioyer,'whose decision shall be final, to the extent provided by Section 15.07.
IX. COMMENCEMENT OF BENEFITS
9.01 Normal and Elective'Coihni encement of Benefits. A Participant who retires, becomes Disabled or incurs a
severance from employment for any other reason may elect by written notice to the Plan Administrator to have
his or her vested Account balance benefits commence on any date, provided that such distribution complies with
Section 9.02. Such election must be made in writing during the one - hundred eighty (180) day period ending on
the date as of which benefit payments are to commence. A Participant's election shall be revocable and may be
amended by the Participant.
The failure of a Participant to consent to a distribution while a benefit is immediately distributable, within the
meaning of section 9.02 of the Plan, shall be deemed to be an election to defer commencement of payment of
any benefit sufficient to satisfy this section.
9.02 Restrictions on Immediate Distributions.` Notwithstanding anything to the contrary contained in Section 9.01
of the Plan, if the value of a Participant's vested Account balance is at least $1,000, and the Account balance
is immediately distributable, the Participant must consent to any distribution of such Account balance. The
Participant's consent shall be obtained in writing during the one - hundred eighty (180) day period (ninety (90)
day period for Plan Years beginning before January 1, 2007) ending on the date as of which benefit payments
are to commence. No consent shall be required, however, to the extent that a distribution is required to satisfy
section 401(a)(9) or 415 of the Code.
The Plan Administrator shall notify the Participant of the right to defer any distribution until the Participant's
Account balance is no longer immediately distributable. Such notification shall include a general description
of the material features, and an explanation of the relative values of, the optional forms of benefit available
17 Money Purchase Plan & Trust
under the Plan in a manner that would satisfy section 417(a)(3) of the Code, and shall be provided no less than
thirty (30) and no more than one - hundred eighty (180) days (ninety (90) days for Plan Years beginning before
January 1, 2007) before the date as of which benefit payments are to commence. However, distribution may
commence less than thirty (30) days after the notice described in the preceding sentence is given, provided (i)
the distribution is one to which sections 401(a)(11) and 417 of the Code do not apply or, if the QJSA Election
is made by the Employer in the Adoption Agreement, the waiver requirements of Section 17.05(a) are met; (ii)
the Plan Administrator clearly informs the Participant that the Participant has a right to a period of at least thirty
(30) days after receiving the notice to consider the decision of whether or not to elect a distribution (and, if
applicable, a particular distribution option); and (iii) the Participant, after receiving the notice, affirmatively elects
a distribution.
In addition, upon termination of this Plan, if the Plan does not offer an annuity option (purchased from a
commercial provider) and if the Employer does not maintain another 401(a) defined contribution plan, the
Participant's Account balance will, without the Participant's consent, be distributed to the Participant in a lump
sum. However, if the Employer maintains another 401(a) defined contribution plan, the Participant's Account
will be transferred, without the Participant's consent, to the other plan if the Participant does not consent to an
immediate distribution.
An Account balance is immediately distributable if any part of the Account balance could be distributed to the
Participant (or surviving- spouse) before the Participant attains or would have attained (if not deceased) the later
of Normal Retirement Age or age sixty-two (62).
For purposes of determining the applicability of the foregoing consent requirements to distributions made before
the first day of the first plan year beginning after December 31, 1988, the Participant's vested Account 'balance
,shall not include amounts attributable to accumulated deductible employee contributions within the meaning of
fisebtion 72(o)(5)(B) of the Code.
•
9.03 - Transfer to Another Plan.
(a) If a Participant becomes eligible to participate in another plan maintained by the Employer that is qualified
under section 401(a) of the Code, the Plan Administrator shall, at the written election of such Participant,
transfer all or part of such Participant's Account to such plan, provided the Plan Administrator for such plan
certifies to the Plan Administrator that its plan provides for the acceptance of such a transfer. Such transfers
shall include those transfers of the nonforfeitable interest of a Participant's Account made for the purchase
of service credit in defined benefit plans maintained by the Employer. For purposes of this Plan, any such
transfer shall not be considered a distribution to the Participant subject to spousal consent as described in
Section 9.10.
(b) Notwithstanding any provision of the Plan to the contrary that would otherwise limit a Distributee's
election under this Section, a Distributee may elect, at the time and in the manner prescribed by the
Plan Administrator, to have any portion of an Eligible Rollover Distribution paid directly to an Eligible
Retirement Plan specified by the Distributee in a Direct Rollover.
(c) Definitions. For the purposes of Subsection (b), the following definitions shall apply:
(1) Eligible Rollover Distribution. Any distribution of all or any portion of the balance to the credit of the
Distributee, except that an Eligible Rollover Distribution does not include:
(i)
any distribution that is one of a series of substantially equal periodic payments (not less frequently
than annually) made for the life (or life expectancy) of the Distributee or the joint lives (or joint life
expectancies) of the Distributee and the Distributee's designated beneficiary, or for a specified period
of ten years or more;
Money Purchase Plan & Trust 18
(ii) any distribution to the extent such distribution is required under section 401(a)(9) of the Code; and
(iii) the portion of any other distribution(s) that is not includible in gross income.
A portion of a distribution shall not fail to be an eligible rollover distribution merely because the
portion consists of after -tax employee contributions which are not includible in gross income.
However, such portion may be transferred only to an individual retirement account or annuity
described in section 408(a) or (b) of the Code, or, for distributions occurring after December
31, 2007, to a Roth IRA described in § 408A of the Code, or to a qualified defined contribution
plan described in section 401(a) or a qualified annuity contract described in section 403(b) of the
Code that agrees to separately account for amounts so transferred, including separately accounting
for the portion of such distribution which is includible in gross income and the portion of such
distribution which is not so includible.
(2) Eligible Retirement Plan.
(3)
(i)
an individual retirement account described in section 408(a) of the Code or an individual
retirement annuity described in section 408(b) of the Code (collectively, an "IRA");
(ii) an annuity plan described in section 403(a) of the Code;
(iii) an annuity contract described in section 403(b) of the Code;
(iv) an eligible plan under section 457(b) of the Code which is mairtakined by a state, political
subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state
and which agrees to separately account for amounts transferred into such plan from this Plan;
(v) a qualified plan described in section 401(a) of the Code, that accepts the Distributee's Eligible
Rollover Distribution; or
(vi) for distributions occurring after December 31, 2007, a Roth IRA described in Code section 408A.
The definition of Eligible Retirement Plan shall also apply in the case of a distribution to a surviving
spouse, or to a spouse or former spouse who is the alternate payee under a qualified domestic
relations order, as defined in section 414(p) of the Code.
Distributee. Participant; in addition, the Participant's surviving spouse and the spouse or former spouse
who is the alternate payee under a qualified domestic relations order, as defined in section 414(p) of the
Code, are Distributees with regard to the interest of the spouse or former spouse. For distributions after
December 31, 2006. (unless a later date is elected by the Employer pursuant to subsection (d)(1) below,
but no later than Plan Years beginning after December 31, 2009), a distributee includes the Employee's
or former Employee's nonspouse designated Beneficiary, in which case, the distribution can only be
transferred to a traditional or Roth IRA established on behalf of the nonspouse designated Beneficiary for
the purpose of receiving the distribution.
(4) Direct Rollover. A payment by the Plan to the Eligible Retirement Plan specified by the Distributee.
(d) Rollover by a Non - Spouse Designated Beneficiary.
(1) Unless otherwise elected by the Employer in the Adoption Agreement, for distributions beginning after
December 31, 2006 but on or before December 31, 2009, a non - spouse Beneficiary who qualifies as a
"designated beneficiary" under Code section 401(a)(9)(E) may establish an individual retirement plan
19 Money Purchase Plan & Trust
that will be treated as an inherited IRA pursuant to the provisions of Code section 402(c)(11) into
which all or a portion of a death benefit distribution from this Plan can be transferred directly. A trust
maintained for the benefit of one or more designated beneficiaries shall be treated in the same manner as
a designated beneficiary.
(2) Notwithstanding paragraph (1), for Plan Years beginning after December 31, 2009, a non - spouse
Beneficiary who qualifies as a "designated beneficiary" under Code section 401(a)(9)(E) may establish
an individual retirement plan that will be treated as an inherited IRA pursuant to the provisions of
Code section 402(c)(11) into which all or a portion of a death benefit distribution from this Plan can be
transferred directly. A trust maintained for the benefit of one or more designated beneficiaries shall be
treated in the same manner as a designated beneficiary.
Notwithstanding anything herein to the contrary, a death benefit distribution shall not be eligible for
transfer to an inherited IRA to the extent such distribution is a required minimum distribution under
Code section 401(a) (9).
(3)
(e) Rollover by a Surviving Spouse Distributee. If any distribution attributable to a Participant is paid to the
Participant's surviving spouse, section 402(c) applies to the distribution in the same manner as if the spouse
were the Participant. However, a qualified plan (as defined in Treasury Regulation section 1.402(c) -2 Q&A -2)
is not treated as an eligible retirement plan with respect to a surviving spouse. Only an individual retirement
plan is treated as an eligible retirement plan with respect to an eligible rollover distribution to a surviving
spouse.
9.04 De Minimis Accounts. Notwithstanding the foregoing provisions of this Article, if a Participant terminates
service, and the value of his /her Nonforfeitable Interest in his /her Account is less than $1,000, the Participant's
benefit shall be paid as soon as practicable to the Participant in a single lump sum distribution. If the value of the
Participant's Account is at least $1,000 but not more than the dollar limit under section 411(a)(11) (A) of the
Code, the Participant may elect to receive his /her. Nonforfeitable Interest in his /her Account. Such distribution
shall be made as soon as practicable following the requdt, in a lump sum.
For purposes of this Section, if a Participant's Nonforfeitable Interest in his /her Account is zero, the Participant
shall be deemed to have received a distribution of such Nonforfeitable Interest in his /her Account.
9.05 Withdrawal of Voluntary Contributions. A Participant may upon written request withdraw a part of or the full
amount of his /her Voluntary Contribution Account. Such withdrawals may be made at any time, provided that
no more than two (2) such withdrawals may be made during any calendar year. No forfeiture will occur solely as
the result of any such withdrawal.
9.06 Withdrawal of Deductible Employee Contributions. A Participant may upon written request withdraw a part
of or the full amount of his /her Deductible Employee Contribution Account. Such withdrawals may be made
at any time, provided that no more than two (2) such withdrawals may be made during any calendar year. No
forfeiture will occur solely as the result of any such withdrawal.
9.07 In- Service Distribution from Rollover Account. Where elected by the Employer in the Adoption Agreement, a
Participant that has a separate account attributable to rollover contributions to the Plan, may at any time elect to
receive a distribution of all or any portion of the amount held in the Rollover Account.
9.08 In- Service Distributions.
(a) Unless otherwise elected by the Employer in the Adoption Agreement, a Participant who has reached age
701/2 regardless of his Nonforfeitable Interest in his /her entire Employer Contribution Account, shall, upon
written request, receive a distribution of a part of or the full amount of the balance in any or all of his vested
Accounts.
Money Purchase Plan & Trust 20
(b) If elected by the Employer, in- service distributions may be made beginning after June 1, 2009 to a Participant
who has attained Normal Retirement Age or an alternate age (after Normal Retirement Age) elected by the
Employer, and who has not yet incurred a severance from employment.
(c) A Participant's benefit under the Plan may not be distributed before the Participant attains age 62 or, if
earlier, the Participant separates from employment (or has a deemed separation), attains Normal Retirement
Age under the plan, dies, or becomes disabled, or upon termination of the Plan.
(d) Distributions under Section 9.08 may be requested at any time, provided that no more than two (2) such
distributions may be made during any calendar year.
9.09 Latest Commencement of Benefits. Notwithstanding anything to the contrary in this Article, benefits shall
begin no later than the Participant's Required Beginning Date, as defined under Section 10.05, or as otherwise
provided in Section 10.04.
9.10 Spousal Consent. Notwithstanding the foregoing, if the Employer elected the QJSA Election in the Adoption
Agreement, a married Participant must first obtain his or her spouse's notarized consent to request a distribution
(other than a Qualified Joint and Survivor Annuity), withdrawal, or rollover under this Article IX.
9.11 Deemed Severance from Employment.
(a) Unless otherwise elected by the Employer in the Adoption Agreement, effective January 1, 2009, a
Participant shall be deemed to have a severance from employment solely for purposes of eligibility to receive
distributions from the Plan during any period the individual is performing service in the uniformed services
(as defined in ch te43 of title 38, United States Code) for more than 30 days.
(b) If a Participant receiv1s a distribution pursuant to subsection (a), then the Participant shall not be permitted
to make an after-tax voluntary contribution during the six -month period beginning on the date of the
distribution.
(c) If a Participant receives a distribution which could be attributable. to:
(i) a deemed severance from employment described in subsection (a); or
(ii) another distribution event under the Plan,
then the distribution shall be considered made pursuant to the distribution event referenced in paragraph
(ii), and the Participant shall not be subject to the limitation on after - tax voluntary contributions set forth in
subsection (b).
9.12 Distributions for Health and Long -Term Care Insurance for Public Safety Officers.
(a) If elected by the Employer, for Plan Years beginning after December 31, 2006, Eligible Retired Public Safety
Officers may elect after separation from service to have up to $3,000 distributed tax -free annually from the
Plan in order to pay for Qualified Health Insurance Premiums for an accident or health plan (including a
self - insured plan) or a qualified long -term care insurance contract. The Plan shall make such distributions
directly to the provider of the accident or health plan or qualified long -term care insurance contract.
(b) The term "Eligible Retired Public Safety Officer" means an individual who, by reason of disability or
attainment of normal retirement age, is separated from service as a Public Safety Officer with the Employer
who maintains the eligible retirement plan from which distributions pursuant to this Section are made. The
term "Public Safety Officer" has the same meaning given such term by section 1204(9)(A) of the Omnibus
Crime Control and Safe Streets Act of 1968.
21 Money Purchase Plan & Trust
(c) The term "Qualified Health Insurance Premiums" means premiums for coverage for the Eligible Retired
Public Safety Officer, his spouse, and dependents, by an accident or health insurance plan or qualified long-
term care insurance contract (as defined in Code section 7702(B)).
X. DISTRIBUTION REQUIREMENTS
10.01 General Rules.
(a) Generally. Subject to the provisions of Article XII or XVII if so elected by the Employer in the Adoption
Agreement, the requirements of this Article shall apply to any distribution of a Participant's interest and will
take precedence over any inconsistent provisions of this Plan. Unless otherwise specified, the provisions of this
Article X apply to calendar years beginning after December 31, 2002. With respect to distributions under the
Plan made in or for Plan Years beginning on or after January 1, 2002 and prior to January 1, 2003, the Plan
will apply the minimum distribution requirements of section 401(a)(9) of the Code in accordance with the
regulations under section 401(a)(9) that were proposed on January 17, 2001, notwithstanding any provision
of the Plan to the contrary.
(b) Distributions in Accordance with 401(a)(9). All distributions required under this Article shall be determined
and made in accordance with the regulations under section 401(a)(9) of the Code, and the minimum
distribution incidental benefit requirement of section 401 (a) (9) (G) of the Code.
(c) Limits on Distribution Periods. As of the first Distribution Calendar Year, distributions to a Participant, if not
made in a single -sum, may only be made over one of the following periods:
(1) The life of the Participant,
(2) The joint lives of the Participant and a designated Beneficiary,
(3) A period certain not extending beyond the life expectancy of the Participant, or
(4) A period certain not extending beyond the joint and last survivor expectancy of the Participant and a
designated Beneficiary
(d) TEFRA Section 242(6)(2) Elections. Notwithstanding the other provisions of this Article X, distributions
may be made under a designation made before January 1, 1984, in accordance with Section 242(b)(2) of
the Tax Equity and Fiscal Responsibility Act (TEFRA) and the provisions of the Plan that relate to Section
242(b)(2) of TEFRA.
(e) EESA Provisions. The provisions relating to qualified disaster recovery assistance distributions for Participants
affected by certain 2008 severe storms, flooding, and tornadoes and repayment thereof, and relating to
repayment of prior qualified distributions for home purchases, set forth in section 702 of the Emergency
Economic Stabilization Act of 2008 ( "EESA ") shall apply to the Plan.
(f) KETRA and GOZA Provisions. The provisions relating to qualified hurricane distributions and repayment
thereof set forth in section 1400Q(a) of the Code, and relating to repayment of prior qualified distributions
for home purchases set forth in Code section 1400Q(b), shall apply to the Plan. These provisions added to
the Code by the Katrina Emergency Tax Relief Act of 2005 ( "KETRA ") and the Gulf Opportunity Zone
Act of 2005 (GOZA), permit plans to allow repayments of certain prior qualified distributions for home
purchases for Participants affected by Hurricanes Katrina, Rita, and Wilma.
Money Purchase Plan & Trust 22
10.02 Time and Manner of Distribution
(a) Required Beginning Date. The Participant's entire interest will be distributed, or begin to be distributed, to
the Participant no later than the Participant's required beginning date.
(b) Death of Participant Before Distributions Begin. If the Participant dies before distributions begin, the
Participant's entire interest will be distributed, or begin to be distributed, no later than as follows:
(1) If the Participant's surviving spouse is the Participant's sole designated Beneficiary, then, distributions to
the surviving spouse will begin by December 31 of the calendar year immediately following the calendar
year in which the Participant died, or by December 31 of the calendar year in which the Participant
would have attained age 701/2, if later.
(2) If the Participant's surviving spouse is not the Participant's sole designated Beneficiary, then distributions
to the designated Beneficiary will begin by December 31 of the calendar year immediately following the
calendar year in which the Participant died.
(3) If there is no designated Beneficiary as of September 30 of the year following the year of the Participant's
death, the Participant's entire interest will be distributed by December 31 of the calendar year containing
the fifth anniversary of the Participant's death.
(4) If the Participant's surviving spouse is the Participant's sole designated Beneficiary and the surviving
spouse dies after the Participant but before distributions to the surviving spouse begin, this Section
10.02(6), other than Section 10.02(b)(1), will apply as if the surviving spouse were the Participant.
For purposes of this Section 10.02(b) and Section 10.04, unless_ io 10.02(b)(4) applies, distributions
are considered to begin on the Participant's required beginning datelIf Section 10.02(6)(4) applies,
distributions are considered to begin on the date distributions ar'ecreit}tiured to begin to the surviving
spouse under Section 10.02(b)(1). If distributions under an annuity purchased from an insurance
company irrevocably commence to the Participant before the Participant's required beginning date (or
to the Participant's surviving spouse before the date distributions are required to begin to the surviving
spouse under Section 10.02(b)(1)), the date distributions are considered to begin is the date distributions
actually commence.
(c) Forms of Distribution. Unless the Participant's interest is distributed in the form of an annuity purchased
from an insurance company or in a single sum on or before the required beginning date, as of the first
distribution calendar year distributions will be made in accordance with Sections 10.03 and 10.04. If
the Participant's interest is distributed in the form of an annuity purchased from an insurance company,
distributions thereunder will be made in accordance with the requirements of Code Section 401(a)(9) and
the Treasury Regulations.
10.03 Required Minimum Distributions During Participant's Lifetime
(a) Amount of Required Minimum Distribution For Each Distribution Calendar Year. During the Participant's
lifetime, the minimum amount that will be distributed for each distribution calendar year is the lesser of:
(1) the quotient obtained by dividing the Participant's Account Balance by the distribution period set
forth in the Uniform Lifetime Table found in Section 1.401(a)(9) -9, Q&A -2, of the Final Income Tax
Regulations using the Participant's age as of the Participant's birthday in the distribution calendar year; or
23 Money Purchase Plan & Trust
(2) if the Participant's sole designated Beneficiary for the distribution calendar year is the Participant's spouse,
the quotient obtained by dividing the Participant's Account Balance by the number in the Joint and Last
Survivor Table set forth in Section 1.401(a) (9) -9, Q&A -3, of the regulations using the Participant's and
spouse's attained ages as of the Participant's and spouse's birthdays in the distribution calendar year.
(b) Lifetime Required Minimum Distributions Continue Through Year of Participant's Death. Required
minimum distributions will be determined under this Section 10.03 beginning with the first distribution
calendar year and continuing up to, and including, the distribution calendar year that includes the
Participant's date of death.
10.04 Required Minimum Distributions After Participant's Death
(a) Death On or After Date Distributions Begin.
(1) Participant Survived by Designated Beneficiary. If the Participant dies on or after the date distributions
begin and there is a designated Beneficiary, the minimum amount that will be distributed for each
distribution calendar year after the year of the Participant's death is the quotient obtained by dividing
the Participant's Account Balance by the longer of the remaining life expectancy of the Participant or the
remaining life expectancy of the Participant's designated Beneficiary, determined as follows:
(i) The Participant's remaining life expectancy is calculated using the age of the Participant in the year of
death, reduced by one for each subsequent year.
(ii) If the Participant's surviving spouse is xhh;Participant's sole designated Beneficiary, the remaining
life expectancy of the surviving spousei; calculated for each distribution calendar year after the
year of the Participant's death using the surviving spouse's age as of the spouse's birthday in that
year. For distribution calendar years after the year of the surviving spouse's death, the remaining
life expectancy of the surviving spouse is 'calculated using the age of the surviving spouse as of the
spouse's birthday in the calendar year of the spouse's death, reduced by one for each subsequent
calendar year.
(iii) If the Participant's surviving spouse is not the Participant's sole designated Beneficiary, the designated
Beneficiary's remaining life expectancy is calculated using the age of the Beneficiary in the year
following the year of the Participant's death, reduced by one for each subsequent year.
(2) No Designated Beneficiary. If the Participant dies on or after the date distributions begin and there
is no designated Beneficiary as of September 30 of the year after the year of the Participant's death,
the minimum amount that will be distributed for each distribution calendar year after the year of
the Participant's death is the quotient obtained by dividing the Participant's Account Balance by the
Participant's remaining life expectancy calculated using the age of the Participant in the year of death,
reduced by one for each subsequent year.
(b) Death Before Date Required Distributions Begin.
(1) Participant Survived by Designated Beneficiary. If the Participant dies before the date required
distributions begin and there is a designated Beneficiary, the minimum amount that will be distributed
for each distribution calendar year after the year of the Participant's death is the quotient obtained
by dividing the Participant's Account Balance by the remaining life expectancy of the Participant's
designated Beneficiary, determined as provided in Section 10.04(a).
Money Purchase Plan & Trust 24
(2) No Designated Beneficiary. If the Participant dies before the date distributions begin and there is no
designated Beneficiary as of September 30 of the year following the year of the Participant's death,
distribution of the Participant's entire interest will be completed by December 31 of the calendar year
containing the fifth anniversary of the Participant's death.
(3) Death of Surviving Spouse Before Distributions to Surviving Spouse Are Required to Begin. If the
Participant dies before the date distributions begin, the Participant's surviving spouse is the Participant's
sole designated Beneficiary, and the surviving spouse dies before distributions are required to begin to the
surviving spouse under Section 10.02(b)(1), this Section 10.04(b) will apply as if the surviving spouse
were the Participant.
10.05 Definitions
(a) Designated Beneficiary. The individual who is designated by the Participant (or the Participant's surviving
spouse) as the Beneficiary of the Participant's interest under the Plan and who is the designated Beneficiary
under Code Section 401(a)'(9) and Section 1.401(a) (9) -4 of the regulations.
(b) Distribution Calendar Year. A calendar year for which a minimum distribution is required. For distributions
beginning before the Participant's death, the first distribution calendar year is the calendar year immediately
preceding the calendar year which contains the Participant's required beginning date. For distributions
beginning after the Participant's death, the first distribution calendar year is the calendar year in which
distributions are required to begin under Section 10.02(b). The required minimum distribution for the
Participant's first distribution calendar year will be made on or before the Participant's required beginning
date. The required 0011=1 distribution for other distribution calendar years, including the required
minimum distribnft, for the distribution calendar year in which the Participant's required - beginning date
occurs, will be made 9pi or before December' 31 of that distribution calendar year.
(c) Life Expectancy LifevxpeFtancy as computed by use of the Single Life Table in Section 1.401(a)(9) -9, Q&A-
'l, of the regulations. ,
(d) Participant's Account Balance. The Account Balance as of the last Accounting Date in the calendar year
immediately preceding the distribution calendar year (valuation calendar year) increased by the amount
of any contributions made and allocated or forfeitures allocated to the Account Balance as of dates in the
valuation calendar year after the Accounting Date and decreased by distributions made in the valuation
calendar year after the Accounting Date. The Account Balance for the valuation calendar year includes any
amounts rolled over or transferred to the Plan either in the valuation calendar year or in the distribution
calendar year if distributed or transferred in the valuation calendar year
(e) Required Beginning Date. The Required Beginning Date of a Participant is April 1 of the calendar year
following the later of the calendar year in which the Participant attains age seventy and one -half (701/2), or
the calendar year in which the Participant retires.
10.06 Application of Minimum Distribution Requirements. The minimum distribution requirements of section
401(a)(9) of the Code shall only apply to the Plan to the extent that such requirements are applicable by law for
a year. Pursuant to the Worker, Retiree, and Employer Recovery Act of 2008 ( "WRERA "), required minimum
distributions were suspended for 2009.
10.07 Special Rule for Scheduled Installment Payments. All installment payments scheduled to be distributed to a
Participant prior to the effective date of a suspension of the required minimum distribution provisions of Code
section 401(a)(9) shall be distributed as scheduled unless the Participant affirmatively elects to have the payments
stopped. Notwithstanding the foregoing, for purposes of this Section 10.07, the effective date of the suspension
of the required minimum distribution provisions for 2009 shall be deemed January 6, 2009.
25 Money Purchase Plan & Trust
XI. MODES OF DISTRIBUTION OF BENEFITS
11.01 Normal Mode of Distribution. Unless an elective mode of distribution is elected as provided in Section 11.02,
benefits shall be paid to the Participant in the form of a lump sum payment.
Notwithstanding the foregoing, where the Employer made the "QJSA Election" in the Adoption Agreement,
unless an elective mode of distribution is elected in accordance with Article XVII, benefits shall be paid to the
Participant in the form provided for in Article XVII.
11.02 Elective Mode of Distribution. Subject to the requirements of Articles X, XII and XVII, a Participant may
revocably elect to have his /her Account distributed in any one (1) of the following modes in lieu of the mode
described in Section 11.01:
(a) Equal Payments. Equal monthly, quarterly, semi - annual, or annual payments in an amount chosen by the
Participant continuing until the Account is exhausted.
(b) Period Certain. Approximately equal monthly, quarterly, semi - annual, or annual payments, calculated to
continue for a period certain chosen by the Participant.
(c) Other. Any other sequence of payments requested by the Participant.
(d) Lump Sum. Where the Employer did make the QJSA Election in the Adoption Agreement, a Participant
may also elect a lump sum payment.
11.03 l ettion of Mode. A Participant's election of a payment option must be made in writing between.dtirt 1t0)
;'t'and'one- hundred eighty (180) days (ninety (90) days for Plan Years beginning before January 1, 200i74gfore the
payment of benefits is to commence. '
11.04: Death Benefits. Subject to Article X (and Article XII or XVII if so elected by the Employer in the Adoption
Agreement),
(a) In the case of a Participant who dies before he /she has begun receiving benefit payments, the Participant's
entire Nonforfeitable Interest shall then be payable to his/ her Beneficiary within ninety (90) days of the
Participant's death. A Beneficiary who is entitled to receive benefits under this Section may elect to have
benefits commence at a later date, subject to the provisions of Article X. The Beneficiary may elect to receive
the death benefit in any of the forms available to the Participant under Sections 11.01 and 11.02. If the
Beneficiary is the Participant's surviving spouse, and such surviving spouse dies before payment commences,
then this Section shall apply to the beneficiary of the surviving spouse as though such surviving spouse were
the Participant.
(b) Should the Participant die after he /she has begun receiving benefit payments, the Beneficiary shall receive
the remaining benefits, if any, that are payable, under the payment schedule elected by the Participant.
Notwithstanding the foregoing, the Beneficiary may elect to accelerate payments of the remaining balances,
including but not limited to, a lump sum distribution.
XII. SPOUSAL DEATH BENEFIT REQUIREMENTS
12.01 Application. Unless otherwise elected by the Employer in the Adoption Agreement, on or after January 1, 2006,
the provisions of this Article shall take precedence over any conflicting provision in this Plan. The provisions of
this Article, known as the "Beneficiary Spousal Consent Election," shall apply to any Participant who is credited
with any Period of Service with the Employer on or after August 23, 1984, and such other Participants as
provided in Section 12.04.
Money Purchase Plan & Trust 26
12.02 Spousal Death Benefit.
(a) On the death of a Participant, the Participant's Vested Account Balance will be paid to the Participant's
Surviving Spouse. If there is no Surviving Spouse, or if the Participant has waived the spousal death benefit,
as provided in Section 12.03, such Vested Account Balance will be paid to the Participant's designated
Beneficiary.
(b) The Surviving Spouse may elect to have distribution of the Vested Account Balance commence within
the one - hundred eighty (180) day period following the date of the Participant's death, or as otherwise
provided under Section 11.04. The Account balance shall be adjusted for gains or losses occurring after
the Participant's death in accordance with the provisions of the Plan governing the adjustment of Account
balances for other types of distributions.
12.03 Waiver of Spousal Death Benefit.
The Participant may waive the spousal death benefit described in Section 12.02 at any time; provided that no
such waiver shall be effective unless: (a) the Participant's Spouse consents in writing to the election; (b) the
election designates a specific Beneficiary, including any class of Beneficiaries or any contingent Beneficiaries,
which may not be changed without spousal consent (or the Spouse expressly permits designations by the
Participant without any further spousal consent); (c) the Spouse's consent acknowledges the effect of the election;
and (d) the Spouse's consent is witnessed by a Plan representative or notary public. If it is established to the
satisfaction of a Plan representative that there is no Spouse or that the Spouse cannot be located, a waiver will be
deemed to meet the requirements of this Section.
Any consent by a Spouse obtained under this provision (or establishmen e consent of a Spouse may
not be obtained) shall be effective only with respect to such Spouse. A co ritkat permits designations by
' t
the Participant without any requirement of further consent by such Spouse-must acknowled g a that the Spouse
has the right to limit consent to a specific Beneficiary, and a specific for of ben
m efit where applicable, and that
the Spouse voluntarily elects to relinquish either or both of such rights. krevocation of a prior waiver may be
made by a Participant without the consent of the Spouse at any time before the commencement of benefits. The
number of revocations shall not be limited.
12.04 Definitions. For the purposes of this Section, the following definitions shall apply:
(a) Spouse (Surviving Spouse). The Spouse or Surviving Spouse of the Participant, provided that a former Spouse
will be treated as the Spouse or Surviving Spouse and a current Spouse will not be treated as the Spouse or
Surviving Spouse to the extent provided under a qualified domestic relations order as described in section
414(p)` of the Code.
(b) Vested Account Balance. The aggregate value of the Participant's vested Account balances derived from
Employer and Employee contributions (including rollovers), whether vested before or upon death, including
the proceeds of insurance contracts, if any, on the Participant's life. The provisions of this Article shall apply
to a Participant who is vested in amounts attributable to Employer Contributions, Employee contributions
(or both) at the time of death or distribution.
27 Money Purchase Plan & Trust
XIII. LOANS TO PARTICIPANTS
13.01 Availability of Loans to Participants.
(a) If the Employer has elected in the Adoption Agreement to make loans available to Participants, a Participant
may apply for a loan from the Plan subject to the limitations and other provisions of this Article.
(b) The Employer shall establish written guidelines governing the granting of loans, provided that such
guidelines are approved by the Plan Administrator and are not inconsistent with the provisions of this
Article, and that loans are made available to all applicable Participants on a reasonably equivalent basis.
13.02 Terms and Conditions of Loans to Participants. Any loan by the Plan to a Participant under Section 13.01 of
the Plan shall satisfy the following requirements:
(a) Availability. Loans shall be made available to all Participants who are active Employees on a reasonably
equivalent basis. Loans shall not be made available to terminated Employees, Beneficiaries, or alternate
payees.
(b) Nondiscrimination. Loans shall not be made to highly compensated Employees in an amount greater than
the amount made available to other Employees.
(c) Interest Rate. Loans must be adequately secured and bear a reasonable interest rate.
(d) Loan Limit. No Participant loan shall exceed the: present value of the Participant's Nonforfeitable Interest in
his /her Account.
(e) Foreclosure.. In the event of default, foreclosure on the note and attachment of security will not occur until a
distributable event occurs in the Plan.
(f) Reduction of Account. Notwithstanding any other provision of this Plan, the portion of the Participant's
vested Account balance used as a security interest held by the Plan by reason of a loan outstanding to the
Participant shall be taken into account for purposes of determining the amount of the Account balance
payable at the time of death or distribution, but only if the reduction is used as repayment of the loan. If
less than one hundred percent (100 %) of the Participant's nonforfeitable Account balance (determined
without regard to the preceding sentence) is payable to the surviving spouse, then the Account balance
shall be adjusted by first reducing the nonforfeitable Account balance by the amount of the security used as
repayment of the loan, and then determining the benefit payable to the surviving spouse.
(g) Amount of Loan. At the time the loan is made, the principal amount of the loan plus the outstanding
balance (principal plus accrued interest) due on any other outstanding loans to the Participant or Beneficiary
from the Plan and from all other plans of the Employer that are qualified employer plans under section 72(p)
(4) of the Code shall not exceed the lesser of:
(1) $50,000, reduced by the excess (if any) of
(i) The highest outstanding balance of loans from the Plan during the one (1) year period ending on the
day before the date on which the loan is made, over
(ii) The outstanding balance of loans from the Plan on the date on which such loan is made; or
Money Purchase Plan & Trust 28
(2) One -half (1/2) of the value of the Participant's Nonforfeitable Interest in all of his /her Accounts under this
Plan (or $10,000, if greater, for loans prior to January 1, 2006).
For the purpose of the above limitation, all loans from all qualified employer plans of the Employer,
including 457(b) plans, under Code section 72(p)(4) are aggregated.
(h) Application for Loan. The Participant must give the Employer adequate written notice, as determined by the
Employer, of the amount and desired time for receiving a loan. No more than one (1) loan may be made by
the Plan to a Participant in any calendar year. No loan shall be approved if an existing loan from the Plan to
the Participant is in default to any extent.
(i)
Length of Loan. The terms of any loan issued or renegotiated after December 31, 1993, shall require the
Participant to repay the loan in substantially equal installments of principal and interest, at least quarterly
(except as otherwise provided in Treasury Regulation section 1.72(p) -1, Q&A -9 for certain leave of absence
and military leave), over a period that does not exceed five (5) years from the date of the loan; provided,
however, that if the proceeds of the loan are applied by, the Participant to acquire any dwelling unit that is
to be used within a reasonable time after the loan is made as the principal residence of the Participant, the
five (5) year limit shall not apply. In this event, the period of repayment shall not exceed a reasonable period
determined by the Employer. Principal installments and interest payments otherwise due may be suspended
during an authorized leave of absence, if the promissory note so provides, but not beyond the original
term permitted under this Subsection (i), with a revised payment schedule (within such term) instituted
at the end of such period of suspension. If the Participant fails to make any installment payment, the Plan
Administrator may, according to Treasury Regulation 1.72(p) -1, allow a cure period, which cure period
cannot continue beyotid the last day of the calendar quarter following the calendar quarter in which the
required installment; yment was due.
(j) Prepayment. The lttipant shall be permitted to repay the loan in whole or in part at any time prior to
L 5.
maturity, without 'pen a1ty .t
(k) Note.' The loan shall be evidenced by a promissory note executed by the Participant and delivered to the
Employer, and shall bear interest at a reasonable rate determined by the Employer. Unless waived by a
Participant, any plan loan that is outstanding on the date that active duty military service begins will accrue
interest at a rate of no more than 6% during the period of military service in accordance with the provisions
of the Servicemembers Civil Relief Act (SCRA), 50 USC App. § 526 and subject to the notice requirements
contained therein. This limitation applies even if Ioan payments are suspended during the period of military
service as permitted under the Plan and Treasury regulations.
(1) Security. The loan shall be secured by an assignment of that portion the Participant's right, title and interest
in and to his/her Employer Contribution Account (to the extent vested), Participant Contribution Account,
and Rollover Account that is equal to fifty percent (50 %) of the Participant's Account (to the extent vested).
(m) Assignment or Pledge. For the purposes of paragraphs (h) and (i), assignment or pledge of any portion of
the Participant's interest in the Plan and a loan, pledge, or assignment with respect to any insurance contract
purchased under the Plan, will be treated as a loan.
(n) Spousal Consent. If the Employer elected the QJSA Election in the Adoption Agreement, the Participant
must first obtain his or her spouse's notarized consent to the loan. Spousal consent shall be obtained no
earlier than the beginning of the one - hundred eighty (180) day period (ninety (90) day period for plan years
beginning before January 1, 2007) that ends on the date on which the loan is to be so secured. The consent
29 Money Purchase Plan & Trust
must be in writing, must acknowledge the effect of the loan, and must be witnessed by a Plan representative
or notary public. Such consent shall thereafter be binding with respect to the consenting spouse or any
subsequent spouse with respect to that loan. A new consent shall be required if the account balance is used
for renegotiation, extension, renewal, or other revision of the loan.
(o) Other Terms and Conditions. The Employer shall fix such other terms and conditions of the loan as it deems
necessary to comply with legal requirements, to maintain the qualification of the Plan and Trust under
section 401(a) of the Code, or to prevent the treatment of the loan for tax purposes as a distribution to the
Participant. The Employer, in its discretion for any reason, may fix other terms and conditions of the loan,
not inconsistent with the provisions of this Article, including:
(1) the circumstances under which a loan becomes immediately due and payable, provided, however, with
respect to loans issued after December 31, 2012, that the loan program shall not provide that a loan
becomes due and payable solely because the Participant requests or receives a partial distribution of the
Participant's account balance after termination of employment;
(2) rules relating to reamortization of loans; and
(3) rules relating to refinance of loans.
13.03 Participant Loan Accounts.
(a) Upon approval of a loan to a Participant by the Employer, an amount not in excess of the loan shall be
transferred from the Participant's other investment fund(s), described in Section 6.05 of the Plan, to the
1. Participant's Loan Account as of the Accounting Date immediately preceding the agreed upon date tlnawhich_
:the loan is to be made.
(b) The assets of a Participant's Loan Account may be invested and reinvested only in promissory notes received
by the Plan from the Participant as consideration for a loan permitted by Section 13.01 of the Plan or in
cash. Uninvested cash balances in a Participant's Loan Account shall not bear interest. No person who is
otherwise a fiduciary of the Plan shall be liable for any loss, or by reason of any breach, that results from the
Participant's exercise of such control.
(c) Repayment of principal and payment of interest shall be made by payroll deduction or Automated Clearing
House (ACH) transfer, or with respect to a terminated Employee solely by ACH, and shall be invested in one
(1) or more other investment funds, in accordance with Section 6.05 of the Plan, as of the next Accounting
Date after payment thereof to the Trust. The amount so invested shall be deducted from the Participant's
Loan Account. A payment intended to be a Prepayment or payment of the loan in full may also be made by
cashier's check or money order, and shall be invested in accordance with this provision.
(d) The Employer shall have the authority to establish other reasonable rules, not inconsistent with the provisions
of the Plan, governing the establishment and maintenance of Participant Loan Accounts.
XIV. PLAN AMENDMENT, TERMINATION AND OPTIONAL PROVISIONS
14.01 Amendment by Employer. The Employer reserves the right, subject to Section 14.02 of the Plan, to amend the
Plan from time to time by either:
(a) Filing an amended Adoption Agreement to change, delete, or add any optional provision, or
(b) Continuing the Plan in the form of an amended and restated Plan and Trust.
Money Purchase Plan & Trust 30
No amendment to the Plan shall be effective to the extent that it has the effect of decreasing a Participant's
accrued benefit. Notwithstanding the preceding sentence, a Participant's Account balance may be reduced to
the extent permitted under section 412(d)(2) of the Code. For purposes of this paragraph, a Plan amendment
which has the effect of decreasing a Participant's Account balance or eliminating an optional form of
benefit, with respect to benefits attributable to service before the amendment shall be treated as reducing
an accrued benefit. Furthermore, if the vesting schedule of the Plan is amended, in the case of an Employee
who is a Participant as of the later of the date such amendment is adopted or the date it becomes effective,
the nonforfeitable percentage (determined as of such date) of such Employee's right to his /her Employer -
derived accrued benefit will not be less than his percentage computed under the plan without regard to such
amendment.
No amendment to the Plan shall be effective to eliminate or restrict an optional form of benefit. The
preceding sentence shall not apply to a Plan amendment that eliminates or restricts the ability of a
Participant to receive payment of his or her Account balance under a particular optional form of benefit if the
amendment provides a single -sum distribution form that is otherwise identical to the optional form of benefit
being eliminated or restricted. For this purpose, a single -sum distribution form is otherwise identical only if
the single -sum distribution form is identical in all respects to the eliminated or restricted optional form of
benefit (or would be identical except that it provides greater rights to the Participant) except with respect to
the timing of payments after commencement.
The Employer may (1) change the choice of options in the Adoption Agreement, (2) add overriding language
in the Adoption Agreement when such language is necessary to satisfy sections 415 or 416 of the Code
because of the required aggregation of multiple plans, (3) amend administrative provisions of the trust or
custodial document in the case of a nonstandardized plan and( make mpfelimited amendments in the case
of a standardized plan such as the name of the plan, employer, trusteeEor• custodian, plan administrator and
other fiduciaries, the trust year, and the name of any pooled trust in whichhthe Plan's trust will participate,
(4) add certain sample or model amendments published by the InternakAtkvenue Service or other required
good faith amendments which specifically provide that their adoptionllot cause the plan to be treated
as individually designed, and (5) add or change provisions permitted under the Plan and /or specify or
change the effective date of a provision as permitted under the Plan and correct obvious and unambiguous
typographical errors and /or cross - references that merely correct a reference but that do not in any way change
the original intended meaning of the provisions. An Employer that amends the Plan for any other reason will
be considered to have an individually designed plan.
14.02 Amendment of Vesting Schedule. If the Plan's vesting schedule is amended, or the Plan is amended in any way
that directly or indirectly affects the computation of the Participant's nonforfeitable percentage, each Participant
may elect, within a reasonable period after the adoption of the amendment or change, to have the nonforfeitable
percentage computed under the Plan without regard to such amendment or change.
The period during which the election may be made shall commence with the date the amendment is adopted or
deemed to be made and shall end on the latest of
(a) Sixty (60) days after the amendment is adopted;
(b) Sixty (60) days after the amendment becomes effective; or
(c) Sixty (60) days after the Participant is issued written notice of the amendment by the Employer or Plan
Administrator.
14.03 Termination by Employer. The Employer reserves the right to terminate this Plan. However, in the event of such
termination no part of the Trust shall be used or diverted to any purpose other than for the exclusive benefit of
the Participants or their Beneficiaries, except as provided in this Section.
31 Money Purchase Plan & Trust
Upon Plan termination or partial termination, all Account balances shall be valued at their fair market value
and the Participant's right to his /her Employer Contribution Account shall be one hundred percent (100 %)
vested and nonforfeitable. Such amount and any other amounts held in the Participant's other Accounts shall be
maintained for the Participant until paid pursuant to the terms of the Plan.
Any amounts held in a suspense account, after all liabilities of the Plan to Participants and Beneficiaries have been
satisfied or provided for, shall be paid to the Employer in accordance with the Code and regulations thereunder.
In the event that the Commissioner of Internal Revenue determines that the Plan is not initially qualified under
the Internal Revenue Code, any contribution made by the Employer incident to that initial qualification must
be returned to the Employer within one year after the date the initial qualification is denied, but only if the
application for the qualification is made by the time prescribed by law for filing the Employer's return for the year
in which the Plan is adopted, or such later date as the Secretary of the Treasury may prescribe.
14.04 Discontinuance of Contributions. A permanent discontinuance of contributions to the Plan by the Employer,
unless an amended and restated Plan is established, shall constitute a Plan termination. In the event of a complete
discontinuance of contributions under the Plan, the Account balance of each affected Participant shall be
nonforfeitable.
14.05 Amendment by Plan Administrator. The Plan Administrator may amend this Plan upon thirty (30) days written
notification to the Employer; provided, however, that any such amendment must be for the express purpose of
maintaining compliance with applicable federal laws and regulations, revenue rulings, other statements published
by the Internal Revenue Service (including model and sample amendments that specifically provide that their
adoption will not cause such Plan to be individuallydesigned), or corrections of prior approved Plans may be
applied to all Employers who have adopted the Plan. Such amendment shall become effective unless, within
such 30 -day period, the Employer notifies the Administrator, in writing, that it disapproves such amendment, in
which case such amendment shall not become effective. In the event of such disapproval, the Administrator shall
be under no obligation to continue acting as Administrator hereunder.
For purposes of reliance on the advisory letter, the Plan Administrator shall no longer have authority to amend
the Plan on behalf of the Employer as of the date of the adoption of an Employer amendment to the Plan •
to incorporate a type of plan not allowable in the volume submitter program described in section 16.03 of
Revenue Procedure 2011 -49 (or successor guidance) or as of the date the Internal Revenue Service notifies the
Plan Administrator that the Plan is being treated as an individually designed plan pursuant to section 24.03 of
Revenue Procedure 2011 -49 (or successor guidance).
14.06 Optional Provisions. Any provision which is optional under this Plan shall become effective if and only if
elected by the Employer and agreed to by the Plan Administrator.
14.07 Failure of Qualification. If the Employer's plan fails to attain or retain qualification, such plan will no longer
participate in this Plan and will be considered an individually designed plan.
XV. ADMINISTRATION
15.01 Powers of the Employer. The Employer shall have the following powers and duties:
(a) To appoint and remove, with or without cause, the Plan Administrator;
(b) To amend or terminate the Plan pursuant to the provisions of Article XIV;
Money Purchase Plan & Trust 32
(c) To appoint a committee to facilitate administration of the Plan and communications to Participants;
(d) To decide all questions of eligibility (1) for Plan participation, and (2) upon appeal by any Participant,
Employee or Beneficiary, for the payment of benefits;
(e) To engage an independent qualified public accountant, when required to do so by law, to prepare annually
the audited financial statements of the Plan's operation;
(f) To take all actions and to communicate to the Plan Administrator in writing all necessary information to
carry out the terms of the Plan and Trust; and
(g) To notify the Plan Administrator in writing of the termination of the Plan.
15.02 Duties of the Plan Administrator. The Plan Administrator shall have the following powers and duties, subject to
the oversight by the Employer:
(a) To construe and interpret the provisions of Plan;
(b) To maintain and provide such returns, reports, schedules, descriptions, and individual Account statements
as are required by law within the times prescribed by law; and to furnish to the Employer, upon request,
copies of any or all such materials, and further, to make copies of such instruments, reports, descriptions, and
statements as are required by law available for examination by Participants and such of their Beneficiaries who
are or may be entitled to benefits under the Plan in such places and in such manner as required by law;
(c) To obtain from roployer such information as shall be necessary for the proper administration of the
Plan; +t din.
(d) To determine the amount; manner, and time of payment of benefits hereunder;'
(e) To appoint and retain such agents, counsel, and accountants for the purpose of properly administering the
Plan;
(f) To distribute assets of the Trust to each Participant and Beneficiary in accordance with Article X of the Plan;
(g) To pay expenses from the Trust pursuant to Section 6.03 of the Plan; and
(h) To do such other acts reasonably required to administer the Plan in accordance with its provisions or as may
be provided for or required by the Code.
15.03 Protection of the Employer. The Employer shall not be liable for the acts or omissions of the Plan
Administrator, but only to the extent that such acts or omissions do not result from the Employer's failure to
provide accurate or timely information as required or necessary for proper administration of the Plan.
15.04 Protection of the Plan Administrator. The Plan Administrator may rely upon any certificate, notice or direction
purporting to have been signed on behalf of the Employer which the Plan Administrator believes to have been
signed by a duly designated official of the Employer.
15.05 Resignation or Removal of Plan Administrator. The Plan Administrator may resign at any time effective upon
sixty (60) days prior written notice to the Employer. The Plan Administrator' may be removed by the Employer at
any time upon sixty (60) days prior written notice to the Plan Administrator. Upon the resignation or removal of
the Plan Administrator, the Employer may appoint a successor Plan Administrator; failing such appointment, the
33 Money Purchase Plan & Trust
Employer shall assume the powers and duties of Plan Administrator. Upon the resignation or removal of the Plan
Administrator, any Trust assets invested by or held in the name of the Plan Administrator shall be transferred to
the trustee in cash or property, at fair market value, except that the return of Trust assets invested in a contract
issued by an insurance company shall be governed by the terms of that contract.
15.06 No Termination Penalty. The Plan Administrator shall have no authority or discretion to impose any
termination penalty upon its removal.
15.07 Decisions of the Plan Administrator. All constructions, determinations, and interpretations made by the Plan
Administrator pursuant to Section 15.02(a) or (d) or by the Employer pursuant to Section 15.010) shall be
final and binding on all persons participating in the Plan, given deference in all courts of law to the greatest
extent allowed by applicable law, and shall not be overturned or set aside by any court of law unless found to be
arbitrary or capricious, or made in bad faith.
XVI. MISCELLANEOUS
16.01 Nonguarantee of Employment. Nothing contained in this Plan shall be construed as a contract of employment
between the Employer and any Employee, or as a right of an Employee to be continued in the employment of the
Employer, as a limitation of the right of the Employer to discharge any of its Employees, with or without cause.
16.02 Rights to Trust Assets. No Employee or Beneficiary shall have any right to, or interest in, any assets of the Trust
upon termination of his /her employment or otherwise, except as provided from time to time under this Plan, and
then only to the extent of the benefits payable under the Plan to such Employee or Beneficiary out of the assets of
th,Trust. All payments of benefits as provided for in this Plan shall be made solely out of the assets oftheTrust
and stone of the fiduciaries shall be liable therefor in any manner.
16.03 4Nbnalienation of Benefits. Except as provided in Sections 16.04 and 16.06 of the Plan, benefits paya111
under this Plan shall not be subject in any manner to anticipation, alienation, sale, transfer, assignment, pledge,
encumbrance, charge, garnishment, execution, or levy of any kind, either voluntary or involuntary, prior to
actually being received by the person entitled to the benefit under the terms of the Plan; and any attempt to
anticipate, alienate, sell, transfer, assign, pledge, encumber, charge or otherwise dispose of any right to benefits
payable hereunder, shall be void. The Trust shall not in any manner be liable for, or subject to, the debts,
contracts, liabilities, engagements or torts of any person entitled to benefits hereunder.
16.04 Qualified Domestic Relations Order. Notwithstanding Section 16.03 of the Plan, amounts may be paid with
respect to a Participant pursuant to a domestic relations order, but if and only if the order is determined to be a
qualified domestic relations order within the meaning of section 414(p) of the Code or any domestic relations
order entered before January 1, 1985.
16.05 Nonforfeitability of Benefits. Subject only to the specific provisions of this Plan, nothing shall be deemed
to deprive a Participant of his /her right to the Nonforfeitable Interest to which he/ she becomes entitled in
accordance with the provisions of the Plan.
16.06 Incompetency of Payee. In the event any benefit is payable to a minor or incompetent, to a person otherwise
under legal disability, or to a person who, in the sole judgment of the Employer, is by reason of advanced age,
illness, or other physical or mental incapacity incapable of handling the disposition of his /her property, the
Employer may apply the whole or any part of such benefit directly to the care, comfort, maintenance, support,
education, or use of such person or pay or distribute the whole or any part of such benefit to:
Money Purchase Plan & Trust 34
(a) The parent of such person;
(b) The guardian, committee, or other legal representative, wherever appointed, of such person;
(c) The person with whom such person resides;
(d) Any person having the care and control of such person; or
(e) Such person personally.
The receipt of the person to whom any such payment or distribution is so made shall be full and complete
discharge therefor.
16.07 Inability to Locate Payee. Anything to the contrary herein notwithstanding, if the Employer is unable, after
reasonable effort, to locate any Participant or Beneficiary to whom an amount is payable hereunder, such amount
shall be forfeited and held in the Trust for application against the next succeeding Employer Contribution or
contributions required to be made hereunder. Notwithstanding the foregoing, however, such amount shall be
reinstated, by means of an additional Employer contribution, if and when a claim for the forfeited amount is
subsequently made by the Participant or Beneficiary or if the Employer receives proof of death of such person,
satisfactory to the Employer. To the extent not inconsistent with applicable law, any benefits lost by reason of
escheat under applicable state law shall be considered forfeited and shall not be reinstated.
16.08 Mergers, Consolidations, and Transfer of Assets. The Plan shall not be merged into or consolidated with any
other plan, nor shall any of its assets or liabilities be transferred into any such, other plan, unless each Participant
in the Plan would (if the Plan then terminated) receive a benefit irnmediat'l l f#!r the merger, consolidation, or
transfer that is equal to or greater than the benefit he /she would have beet} entitled to receive immediately before
the merger, consolidation, or transfer (if the Plan had then "terminated).
16.09 Employer Records. Records of the Employer as to an Employee's or Participant's Period of Service, termination
of service and the reason therefor, leaves of absence, reemployment, Earnings, and Compensation will be
conclusive on all persons, unless determined to be incorrect.
16.10 Gender and Number. The masculine pronoun, whenever used herein, shall include the feminine pronoun, and
the singular shall include the plural, except where the context requires otherwise.
16.11 Applicable Law. The Plan shall be construed under the laws of the State where the Employer is located, except to
the extent superseded by federal law. The Plan is established with the intent that it meets the requirements under
the Code. The provisions of this Plan shall be interpreted in conformity with these requirements.
In the event of any conflict between the Plan and a policy or contract issued hereunder, the Plan provisions
shall control; provided, however, no Plan amendment shall supersede an existing policy or contract unless such
amendment is required to maintain qualification under section 401(a) and 414(d) of the Code.
16.12 Electronic Communication and Consent. Unless expressly provided otherwise, where this Plan provides that
a document, election, notification, direction, signature, or consent will be in writing, such writing may occur
through an electronic medium, including but not limited to electronic mail, intranet or internet web posting and
online account access, to the fullest extent permitted by applicable "law.
35 Money Purchase Plan & Trust
XVII. SPOUSAL BENEFIT REQUIREMENTS
17.01 Application. Effective as of January 1, 2006, where elected by the Employer in the Adoption Agreement (the
"QJSA Election "), the provisions of this Article shall take precedence over any conflicting provision in this Plan.
If elected, the provisions of this Article shall apply to any Participant who is credited with any Period of Service
with the Employer on or after August 23, 1984, and such other Participants as provided in Section 17.06.
17.02 Qualified Joint and Survivor Annuity. Unless an optional form of benefit is selected pursuant to a Qualified
Election within the one - hundred eighty (180) day period ending on the Annuity Starting Date, a married
Participant's Vested Account Balance will be paid in the form of a Qualified Joint and Survivor Annuity and
an unmarried Participant's Vested Account Balance will be paid in the form of a Straight Life Annuity The
Participant may elect to have such annuity distributed upon the attainment of the Earliest Retirement Age under
the Plan.
17.03 Qualified Optional Survivor Annuity. For plan years beginning after December 31, 2007, if a married
participant elects to waive the qualified joint and survivor annuity, the participant may elect the qualified
optional survivor annuity at any time during the applicable election period, provided, however, that this Section
shall apply only to the extent the Plan makes another survivor annuity available.
17.04 Qualified Preretirement Survivor Annuity. If a Participant dies before the Annuity Starting Date, then fifty
percent (50 %) of the Participant's Vested Account Balance shall be applied toward the purchase of an annuity
for the life of the Surviving Spouse; the remaining portion shall be paid to such Beneficiaries (which may
include such Spouse) designated by the Participant. Notwithstanding the foregoing, the Participant may waive
the spousal annuity by designating a different Bend .,ry within the Election Period pursuant to a Qualified
Election. To the extent that less than one hundred percent (100 %) of the vested Account balance is paid to
the Surviving Spouse, the amount of the Participants Account, derived from Employee contributions will be
allocated to the Surviving Spouse in the same proportion as the amount of the Participant's Account derived from
Employee contributions is to the Participant's total Vested Account Balance. The Surviving Spouse may elect to
have such annuity distributed within a reasonable period after the Participant's death. Further, such Spouse may
elect to receive any death benefit payable to him /her hereunder in any of the forms available to the Participant
under Section 11.02.
17.05 Notice Requirements.
(a) In the case of a Qualified Joint and Survivor Annuity as described in Section 17.02, the Plan Administrator
shall, no less than thirty (30) days and no more than one - hundred eighty (180) days (or ninety (90) days
for notices given in Plan Years before January 1, 2007) prior to the Annuity Starting Date, provide each
Participant a written explanation of: (i) the terms and conditions of a Qualified Joint and Survivor Annuity;
(ii) the Participant's right to make and the effect of an election to waive the Qualified Joint and Survivor
Annuity form of benefit; (iii) the rights of a Participant's Spouse; and (iv) the right to make, and the effect
of, a revocation of a previous election to waive the Qualified Joint and Survivor Annuity However, if the
Participant, after having received the written explanation, affirmatively elects a form of distribution and
the Spouse consents to that form of distribution (if necessary), benefit payments may commence less than
thirty (30) days after the written explanation was provided to the Participant, provided that the following
requirements are met:
(1) The Plan Administrator provides information to the Participant clearly indicating that the Participant has
a right to at least thirty (30) days to consider whether to waive the Qualified Joint and Survivor Annuity
and consent to a form of distribution other than a Qualified Joint and Survivor Annuity;
Money Purchase Plan & Trust 36
(2) The Participant is permitted to revoke an affirmative distribution election at least until the Annuity
Starting Date, or if later, at any time prior to the expiration of the 7 -day period that begins the day after
the explanation of the Qualified Joint and Survivor Annuity is provided to the Participant;
(3) The Annuity Starting Date is after the date that the explanation of the Qualified Joint and Survivor
Annuity is provided to the Participant; and
(4) Distribution in accordance with the affirmative election does not commence before the expiration of the
7 -day period that begins after the day after the explanation of the Qualified Joint and Survivor Annuity is
provided to the Participant.
(b) In the case of a Qualified Preretirement Survivor Annuity as described in Section 17.04, the Plan
Administrator shall provide each Participant within the applicable period for such Participant a written
explanation of the Qualified Preretirement Survivor Annuity in such terms and in such manner as would
be comparable to the explanation provided for meeting the requirements of Subsection (a) applicable to a
Qualified Joint and Survivor Annuity.
The applicable period for a Participant is whichever of the following periods ends last:
(i) the period beginning with the first day of the Plan Year in which the Participant attains age thirty -two
(32) and ending with the close of the Plan Year preceding the Plan Year in which the Participant attains
age thirty -five (35);
'' {ii) a reasonable period, ending after` the individual becomes a Participant;
(iii) a reasonable perodding after Subsection (c) ceases to apply to the Participant;
(iv) a reasonable peri ` ' nding after this Article first applies to the Participant. Notwithstanding the
foregoing, notice,must be provided within a reasonable period ending after separation from service in the
case of a Participant who separates from service before attaining age thirty-five (35).
For purposes of applying the preceding paragraph, a reasonable period ending after the enumerated events
described in (ii), (iii) and (iv) is the end of the two (2) year period beginning one (1) year prior to the date
the applicable event occurs, and ending one (1) year after that date. In the case of a Participant who separates
from service before the Plan Year in which age thirty -five (35) is attained, notice shall be provided within
the two (2) year period beginning one (1) year prior to separation and ending one (1) year after separation.
If such a Participant thereafter returns to employment with the Employer, the applicable period for such
Participant shall be redetermined.
(c) ` Notwithstanding the other requirements of this Section, the respective notices prescribed by this Section
need not be given to °a' Participant if (1) the Plan "fully subsidizes" the costs of a Qualified Joint and Survivor
Annuity or Qualified Preretirement Survivor Annuity, and (2) the Plan does not allow the Participant to
waive the Qualified Joint and Survivor Annuity or Qualified Preretirement Survivor Annuity and does not
allow a married Participant to designate a non- Spouse Beneficiary. For purposes of this Subsection (c), a plan
fully subsidizes the costs of a benefit if no increase in cost or decrease in benefits to the Participant may result
from the Participant's failure to elect another benefit.
17.06 Definitions. For the purposes of this Section, the following definitions shall apply:
(a) Annuity Starting Date. The first day of the first period for which an amount is paid as an annuity or any
other form.
37 Money Purchase Plan & Trust
(b) Election Period. The period which begins on the first day of the Plan Year in which the Participant attains
age thirty-five (35) and ends on the date of the Participant's death. If a Participant separates from service
prior to the first day of the Plan Year in which age thirty-five (35) is attained, with respect to the Account
balance as of the date of separation, the Election Period shall begin on the date of separation. Pre -age thirty-
five (35) waiver: A Participant who will not yet attain age thirty -five (35) as of the end of any current Plan
Year may make a special Qualified Election to waive the Qualified Preretirement Survivor Annuity for the
period beginning on the date of such election and ending on the first day of the Plan Year in which the
Participant will attain age thirty-five (35). Such election shall not be valid unless the Participant receives a
written explanation of the Qualified Preretirement Survivor Annuity in such terms as are comparable to the
explanation required under Section 17.05(a). Qualified Preretirement Survivor Annuity coverage will be
automatically reinstated as of the first day of the Plan Year in which the Participant attains age thirty-five
(35). Any new waiver on or after such date shall be subject to the full requirements of this Article.
(c) Earliest Retirement Age. The earliest date on which, under the Plan, the Participant could elect to receive
retirement benefits.
(d) Qualified Election. A waiver of a Qualified Joint and Survivor Annuity or a Qualified Preretirement Survivor
Annuity. Any waiver of a Qualified Joint and Survivor Annuity or a Qualified Preretirement Survivor
Annuity shall not be effective unless: (a) the Participant's Spouse consents in writing to the election; (b) the
election designates a specific Beneficiary, including any class of Beneficiaries or any contingent Beneficiaries,
which may not be changed without spousal consent (or the Spouse expressly permits designations by the
Participant without any further spousal consent); (c) the Spouse's consent acknowledges the effect of the
election; and (d) the Spouse's consent is witnessed by a Plan representative or notary public. Additionally,
a Participant's waiver of the Qualified Joint and Survivor Annuity shall not be effective unless thetelec Lion
designates a form of benefit payment which may not be changed without spousal consent (or the Spousie
>•e tpressly permits designations by the Participant without any further Spousal consent). If it is estal is d to
the satisfaction of a Plan representative that there is no Spouse or that the Spouse cannot be located, a waiver
swill' be deemed a Qualified Election.
Any consent by a Spouse obtained under this provision (or establishment that the consent of a Spouse may
not be obtained) shall be effective only with respect to such Spouse. A consent that permits designations
by the Participant without any requirement of further consent by such Spouse must acknowledge that
the Spouse has the right to limit consent to a specific Beneficiary, and a specific form of benefit where
applicable, and that the Spouse voluntarily elects to relinquish either or both of such rights. A revocation
of a prior waiver may be made by a Participant without the consent of the Spouse at any time before the
commencement of benefits. The number of revocations shall not be limited. No consent obtained under this
provision shall be valid unless the Participant has received notice as provided in Section 17.05.
(e) Qualified Joint and Survivor Annuity. An immediate annuity for the life of the Participant with a survivor
annuity for the life of the Spouse which is fifty percent (50 %) of the amount of the annuity which is payable
during the joint lives of the Participant and the Spouse and which is the amount of benefit which can be
purchased with the Participant's Vested Account Balance.
(f) Spouse (Surviving Spouse). The Spouse or Surviving Spouse of the Participant, provided that a former Spouse
will be treated as the Spouse or Surviving Spouse and a current Spouse will not be treated as the Spouse or
Surviving Spouse to the extent provided under a qualified domestic relations order as described in section
414(p) of the Code.
(g) Straight Life Annuity. An annuity payable in equal installments for the life of the Participant that terminates
upon the Participant's death.
Money Purchase Plan & Trust 38
(h) Vested Account Balance. The aggregate value of the Participant's vested Account balances derived from
Employer and Employee contributions (including rollovers), whether vested before or upon death, including
the proceeds of insurance contracts, if any, on the Participant's life. The provisions of this Article shall apply
to a Participant who is vested in amounts attributable to Employer Contributions, Employee contributions
(or both) at the time of death or distribution.
17.07 Annuity Contracts. Where benefits are to be paid in the form of a life annuity pursuant to the terms of this
Article, a nontransferable annuity contract shall be purchased from a life insurance company and distributed to
the Participant or Surviving Spouse, as applicable. The terms of any annuity contract purchased and distributed
by the Plan shall comply with the requirements of this Plan and section 417 of the Code.
XVIII. FINAL PAY CONTRIBUTIONS
18.01 Eligibility. Effective as of January 1, 2006, if elected by the Employer in the Adoption Agreement, Final Pay
Contributions on behalf of each eligible Participant equal to the equivalent of the accrued unpaid final pay,
as defined in the Adoption Agreement ( "Final Pay "), shall be contributed to the Plan. Eligibility for Final
Pay Contributions is limited to only those Participants or class of Participants that the Employer elects in the
Adoption Agreement.
18.02 Contribution Amount. At the election of the Employer in the Adoption Agreement, the Final Pay
Contributions may be made as either (a) Employer Final Pay Contributions, or (b) Employee Designated Final
Pay Contributions, as described below.
(a) Employer Final Pay Contributions. The Employer shall contribute to di Prim for each eligible Participant
the equivalent of a designated amount of accrued unpaid final 'pay updii upon leirrirination of employment of the
Participant, as the Employer so elects in the Adoption Agreement. Th "' yer's contribution for any Plan
Year shall be due and paid not later than the time prescribed by applicablk'I v. The Employer Final Pay
Contributions shall be accounted for in the Employer Contribution Ac'ittrt:"
(b)
Employee Designated Final Pay Contributions. The Employer shall contribute to the Plan for each eligible
Participant all or any portion of a Participant's Final Pay, as elected by the Participant. The Employer may
limit the amount of Final Pay to be elected to be contributed to the Plan. Once elected, an Employee's
election shall remain in force and may not be revised or revoked.
The Employee Designated Final Pay Contributions shall be accounted for in the Participant Contribution
Account, and are nonforfeitable by the Participant at all times.
The Employee Designated Final Pay Contributions shall be "picked up" by the Employer in accordance
with Code section 414(h)(2). The contributions shall be treated as an employer contribution -in determining
the tax treatment under the Code, and shall not be included as gross income of the Participant until it is
distributed.
A Participant cannot elect to receive cash in lieu of any Final Pay Contribution.
18.03 Equivalencies. The Final Pay Contribution shall be determined by multiplying the Participant's current daily rate
of pay from the Employer times the amount of accrued unpaid leave being converted.
18.04 Excess Contributions. Final Pay Contributions are limited to the extent of applicable law and any Code
limitation. No Final Pay Contribution shall be made to the extent that it would exceed the applicable Code
section 415 limitation, as set forth in Article V. Any excess contributions as a result of the Code section 415
limitation shall remain in the Participant's leave bank.
39 Money Purchase Plan & Trust
XIX. ACCRUED LEAVE CONTRIBUTIONS
19.01 Eligibility. Effective as of January 1, 2006, if elected by the Employer in the Adoption Agreement, Accrued
Leave Contributions on behalf of each eligible Participant equal to the equivalent of the accrued unpaid leave, as
defined in the Adoption Agreement ( "Accrued Leave "), shall be contributed to the Plan. Eligibility for Accrued
Leave Contributions is limited to only those Participants or class of Participants that the Employer elects in the
Adoption Agreement.
19.02 Contribution Amount. At the election of the Employer in the Adoption Agreement, the Accrued Leave
Contributions may be made as either (a) Employer Accrued Leave Contributions, or (b) Employee Designated
Accrued Leave Contributions, as described below.
(a) Employer Accrued Leave Contributions. The Employer shall contribute to the Plan for each eligible
Participant the equivalent of a designated amount of accrued unpaid leave each year, as the Employer so elects
in the Adoption Agreement. The Employer's contribution for any Plan Year shall be due and paid not later
than the time prescribed by applicable law. The Employer Accrued Leave Contributions shall be accounted
for in the Employer Contribution Account.
(b) Employee Designated Accrued Leave Contributions. The Employer shall contribute to the Plan for each
eligible Participant all or any portion of a Participant's Accrued Leave, as elected by the Participant. The
Employer may limit the amount of Accrued Leave to be elected to be contributed to the Plan. Once elected,
an Employee's election shall remain in force and may not be revised or revoked.
The Employee Designated Accrued Leave Contributions shall be accounted for in the Participant
Contribution Account, and are nonforfeitable by the Participant at all times.
The Employee Designated Accrued Leave Contributions shall be "picked up" by the Employer in accordance
with Code section 414(h)(2). The contributions shall be treated as an employer contribution in determining
the tax treatment under the Code, and shall not be included as gross income of the Participant until it is
distributed.
A Participant cannot elect to receive cash in lieu of any Accrued Leave Contribution.
19.03 Equivalencies. the Accrued Leave Contribution shall be determined by multiplying the Participant's current
daily rate of pay from the Employer times the amount of accrued unpaid leave being converted.
19.04 Excess Contributions. Accrued Leave Contributions are limited to the extent of applicable law and any Code
limitation. No Accrued Leave Contribution shall be made to the extent that it would exceed the applicable Code
section 415 limitation, as set forth in Article V. Any excess contributions as a result of the Code section 415
limitation shall remain in the Participant's leave bank.
Money Purchase Plan & Trust 40
DECLARATION OF TRUST
This Declaration of Trust (the "Group Trust Agreement ") is made as of the 19th day of May, 2001, by VantageTrust
Company, which declares itself to be the sole Trustee of the trust hereby created.
WHEREAS, the ICMA Retirement Trust was created as a vehicle for the commingling of the assets of governmental
plans and governmental units described in Section 818(a)(6) of the Internal Revenue Code of 1986, as amended,
pursuant to a Declaration of Trust dated October 4, 1982, as subsequently amended, a copy of which is attached hereto
and incorporated by reference as set out below (the "ICMA Declaration "); and
WHEREAS, the trust created hereunder (the "Group Trust ") is intended to meet the requirements of Revenue Ruling
81 -100, 1981 -1 C.B. 326, and is established as a common trust fund within the meaning of Section 391:1 of Tide 35 of
the New Hampshire Revised Statutes Annotated, to accept and hold for investment purposes the assets of the Deferred
Compensation and Qualified Plans held by and through the ICMA Retirement Trust.
NOW, THEREFORE, the Group Trust is created by the execution of this Declaration of Trust by the Trustee and is
established with respect to each Deferred Compensation and Qualified Plan by the transfer to the Trustee of such Plan's
assets in the ICMA Retirement Trust, by the Trustees thereof, in accord with the following provisions:
(a) Incorporation of ICMA Declaration by Reference; ICMA By -Laws. Except as otherwise provided in this Group Trust
Agreement, and to the extent not inconsistent herewith, all provisions of the ICMA Declaration are incorporated
herein by reference and made a part hereof, to be read by substituting the Group Trust for the Retirement Trust
and the Trustee for the Board of Trustees referenced therein. In this respect, unless the context clearly indicates
otherwise, all capitalizedtteritis used herein and defined in the ICMA Declaration have the meanings assigned to
them in the ICMA Decla tion. In addition, the By -Laws of the ICMA Retirement Trust, as the same may be
amended from time -to -time ,ire adopted as the By -Laws of the Group Trust to the extent not inconsistent with
the terms of this Group rt Agreement.
Notwithstanding the foregoing, the `terms of the ICMA Declaration and By -Laws are further modified with
respect to the Group Trust created hereunder, as follows:
1. any reporting, distribution, or other obligation of the Group Trust vis -a -vis any Deferred Compensation Plan,
Qualified Plan, Public Employer, Public Employer Trustee, or Employer Trust shall be deemed satisfied to the
extent that such obligation is undertaken by the ICMA Retirement Trust (in which case the obligation of the
Group Trust shall run to the ICMA Retirement Trust); and
2. all provisions dealing with the number, qualification, election, term and nomination of Trustees shall not
apply, and all other provisions relating to trustees (including, but not limited to, resignation and removal)
shall be interpreted' in a manner consistent with the appointment of a single corporate trustee.
(b) Compliance with Revenue Procedure 81 -100. The requirements of Revenue Procedure 81 -100 are applicable to the
Group Trust as follows:
1. Pursuant to the terms of this Group Trust Agreement and Article X of the By -Laws, investment in the Group
Trust is limited to assets of Deferred Compensation and Qualified Plans, investing through the ICMA
Retirement Trust.
2. Pursuant to the By -Laws, the Group Trust is adopted as a part of each Qualified Plan that invests herein
through the ICMA Retirement Trust.
41 Money Purchase Plan & Trust
3. In accord with the By -Laws, that part of the Group Trust's corpus or income which equitably belongs to any
Deferred Compensation and Qualified Plan may not be used for or diverted to any purposes other than for
the exclusive benefit of the Plan's employees or their beneficiaries who are entitled to benefits under such
Plan.
4. In accord with the By -Laws, no Deferred Compensation Plan or Qualified Plan may assign any or part of its
equity or interest in the Group Trust, and any purported assignment of such equity or interest shall be void.
(c) Governing Law. Except as otherwise required by federal, state or local law, this Declaration of Trust (including the
ICMA Declaration to the extent incorporated herein) and the Group Trust created hereunder shall be construed
and determined in accordance with applicable laws of the State of New Hampshire.
(d) Judicial Proceedings. The Trustee may at any time initiate an action or proceeding in the appropriate state
or federal courts within or outside the state of New Hampshire for the settlement of its accounts or for the
determination of any question of construction which may arise or for instructions.
IN WITNESS WHEREOF, the Trustee has executed this Declaration of Trust as of the day and year first above written.
VANTAGETRUST COMPANY
By:
Name: Paul F. Gallagher
Title: Assistant Secretary
Money Purchase Plan & Trust 42
DEPARTMENT OF THE TREASURY
INTERNAL REVENUE SERVICE
WASHINGTON. D.C. 20224
Plan i eseriptfon. Volume Submitter Money Purchase Pension Plan
FFN: 315 003 -001. Case: 201200590 EIN:23- 7268394
Letter Setrial No: J593644a
Date of Su# mission: 04/02/2012
ICMA REDREMENT CORP`
777 NORTH CAPITOL. ST. NE, ::SUITE :600
WASHINGTON, DC 20002
Contact Person:
Janel Hayes
Tetephone Number.
513. 263 -3602
In Reference To: TEGE:EP:7521
Date: 03/31/2014
Dear Applicant:
In our opinion, the form of the plan identified above is acceptable under section 401 ofthe Internal Revenue.
Code for use by employers tor the benefit of their employees This opinion relates only to the acceptabilty of
the form. of plan under the' - Internal Revenue Code. It is not an opinion of the effect of other Federal or
local statutes-
You must furnish a c
amendtis
emp
Io
Prectiti
of the approved plan, and cop c ubsequent
t
is authorized to a nd it a their behalf, to each
on Or after 10131,2011, inter a oy the
provide► the date of adoption by the
irements:contained in the 291 tilative Cumulative List of
This hattoar .i
Notice 2010- 1
: Itl'gt�
Our opinion " On t al.ttre of #Its plan is not a ruling or determination as to whether an
employer`s plan qua under Code;.section 401(a). However, an employer that adopts this plan may rely on
this letter with reaped to the qua 401: of its. plan, under Code section 401(a), as provided for in Rev. Proc,
2011 -49, 2011.44 I.R.S. 608, and outlined below. The toms of the plan must be followed in operation.
, our opinion:does not apply With respect to the requirements of Code sections
and 414(s) Our opinion :does not apply for purposes of Code section 401(a)(10 )(B)
.yer ever maintained another qualified plan foioneor moreernploilrees,who
employer will net be considered>to have maintained a other
meld another defined contnbut 'bon plan(s), provided such other
date ofthis plan and no annual additions have been credited
ch other plan(s). as of any date .within the limitation year o this plan.
rsidered a maintaining am plan, °to the,extent that the employer
n 419(e), which tirement medical
ben all t i to: sepa r for key employees as defined in Cs e ` 419A(d}(3 ) or an
individual (1} (2). whic h is part:of a pension or annuity plan
maintained by the employer, or a simplified employee pension plan,.
Our 'opinion does not apply for purposes of the requitement of_sention 1.401(a)1(b)(2) of the regulations
appficabieeto a money purchase plan or target benefit plan where the nornlat retirement age under the
employees plan is lower than :age 62.
Letter 4 333
ICMA RETIREMENT CORP
FFN: 315D0880003-001
Page: 2
This is not a ruling or determination with respect to any language in the plan that reflects Section 3 of the
Defense of Marriage Act, Pub. L 104-199, 110 Stat. 2419 (DOMA) or U.S. v. Windsor, 133 S. Ct. 2675
(2013), which invalidated that section.
This letter is not a ruling with respect to the tax treatment to be accorded contributions which are picked up by
the governmental employing unit within the meaning of section 414(h)(2) of the Internal Revenue Code.
Our opinion applies with respect to the requirements of Code section 410(b) if 100 percent of all
nonexcludable employees benefit under the plan. Employers that elect a safe harbor allocation formula and a
safe harbor compensation definition can also rely on an advisory letter with respect to the nondiscriminatory
amounts requirement under section 401(a)(4). If this plan includes a CODA or otherwise provides for
contributions subject to sections 401(k) and/or 401(m), the advisory letter can be relied on with respect to the
form of the nondiscrimination tests of 401(k)(3) and 401(m)(2) if the employer uses a safe harbor
compensation definition. In the case of plans described in section 401(k)(12) or (13) and/or 401(m)(11) or
(12), employers may also rely on the advisory letter with respect to whether the form of the plan satisfies the
requirements of those sections unless the plan provides for the safe harbor contribution to be made under
another plan.
The employer may request a determination (1) as to whether the plan, considered with all related qualified
plans and, if appropriate, welfare benefit funds, individual medical benefit accounts, and simplified employee
pension plans, satisfies the requirements of Code section 401(a)(16) as to limitations on benefits and
contributions in Code section 415 and the requirements of Code section 401(a)(10)(B) as to the top-heavy
plan requirements in Code section 416; (2) with respect to whether a money purchase or target benefit plan's
normal retirement age which is earlier than age 62 satisfies the requirements of section 401(a)-1(b)(2) of the
Income Tax Regulations; (3) that the plan is a multiple employer plan; (4) whether there has been a partial
termination; and (5) to comply with published procedures of the Service (e.g. minimum funding waiver
■
request). The employer may request a determination letter by filing an application with Employee Plans
Determinations on Form 5307, with regard to item (1) above. and Form 5300, for items (2), (3), (4) and (5),
without restating for the Cumulative List in effect when the application is filed.
If you, the volume submitter practitioner, have any questions concerning the IRS processing of this case,
please call the above telephone number. This number is only for use of the practitioner. Individual
participants and/or adopting employers with questions concerning the plan should contact the volume
submitter practitioner. The plan's adoption agreement, if applicable, must include the practitioner's address
and telephone number for inquiries by adopting employers.
if you write to the IRS regarding this plan, please provide your telephone number and the most convenient
time for us to call in case we need more 'dalmatian. Whether you call or write, please refer to the Letter
Serial Number and File Folder Number shown in the heading of this letter.
You should keep this letter as a permanent record. Please notify us if you modify or discontinue sponsorship
of this plan.
Sincerely Yours,
Ga3
Andrew E. Zuckerman
Director, Employee Plans Rulings and Agreements
Letter 4:333
icMARC
BUILDING PUBLIC SECTOR
RETIREMENT SECURITY
ICMA RETIREMENT CORPORATION
777 NORTH CAPITOL STREET, NE WASHINGTON, DC 20002 -4240
800 - 669 -7400
WWW.ICMARC.ORG
BRC000 -212- 21266- 201405 -W1371
REV 3/2015
I(MA RETIREMENT CORPORATION
GOVERNMENTAL MONEY PURCHASE PLAN & TRUST
ADOPTION AGREEMENT
BUILDING PUBLIC SECTOR
RETIREMENT SECURITY
ICMA RETIREMENT CORPORATION
GOVERNMENTAL MONEY PURCHASE PLAN & TRUST
ADOPTION AGREEMENT
Plan Number 10- 7222
The Employer hereby establishes a Money Purchase Plan and Trust to be known as City of Federal Way
(the "Plan ") in the form of the ICMA Retirement Corporation Governmental Money Purchase
Plan and Trust.
This Plan is an amendment and restatement of an existing defined contribution money purcha plan.
IYes ❑No
If yes, please specify the name of the defined contribution money purchase plan which this Plan hereby amends and restates:
City of Federal Way
I. Employer. City of Federal Way
II. Effective Dates
1 1.
Effective Date of Restatement. If this document is a restatement of an existing plan, the effective date of the
Plan shall be January 1, 2007 unless an alternate effective date is hereby specified: 1/1/2016
(Note: An alternate effective dare can be no earlier than January 1, 2007.)
❑ 2. Effective Date of New Plan. If this is a new Plan, the effective date of the Plan shall be the first day of the Plan Year
during which the Employer adopts the Plan, unless an alternate Effective Date is hereby specified:
3. Special Effective Dates. Please note here any elections in the Adoption Agreement with an effective date that is
different from that noted in 1. or 2. above.
(Note provision and effective date.)
III. Plan Year will mean:
The twelve (12) consecutive month period which coincides with the limitation year. (See Section 5.03(0 of the Plan.)
❑ The twelve (12) consecutive month period commencing on and each anniversary thereof.
IV. Normal Retirement Age shall be age 53 (not to exceed age 65).
Important Note to Employers: Normal Retirement Age is significant for determining the earliest date at which the Plan may
allow for in- service distributions. Normal Retirement Age also defines the latest date at which a Participant must have a fully
vested right to his/her Account. There are IRS rules that limit the age that may be specified as the Plan's Normal Retirement
Age. The Normal Retirement Age cannot be earlier than what is reasonably representative of the typical retirement age for the
industry in which the covered workforce is employed. An age under 55 is presumed not to satisfy this requirement, unless the
Commissioner of Internal Revenue determines that the facts and circumstances show otherwise.
Money Purchase Plan Adoption Agreement 1
Whether an age between 55 and 62 satisfies this requirement depends on the facts and circumstances, but an Employer's good
faith, reasonable determination will generally be given deference. A special rule, however, applies in the case of a plan where
substantially all of the participants in the plan are qualified public safety employees within the meaning of section 72(0(10)(B)
of the Code, in which case an age of 50 or later is deemed nor to be earlier than the earliest age that is reasonably representative
of the typical retirement age for the industry in which the covered workforce is employed.
V. ELIGIBILITY REQUIREMENTS
1. The following group or groups of Employees are eligible to participate in the Plan:
All Employees
All Full Time Employees
_ Salaried Employees
Non union Employees
Management Employees
Public Safety Employees
General Employees
✓ Other Employees (Specify the group(s) of eligible employees below. Do not specify employees by name. Specific positions are
acceptable.) chief of Staff and Po&e Chief
The group specified must correspond to a group of the same designation that is defined in the statutes, ordinances,
rules, regulations, personnel manuals or other material in effect in the state or locality of the Employer. The eligibility
requirements cannot be such that an .Employee becomes eligible only in the Plan Year in which the Employee terminates
employment. Note: As stated in Sections 4.07 and 4.08, the Plan may, however, provide that Final Pay Contributions or
Accrued Leave Contributions are the only contributions made under the Plan.
2. The Employer hereby waives or reduces the requirement of a twelve (12) month Period of Service for participation.
The required Period of Service shall be (write N/A if an Employee is eligible to participate upon
employment) N/A
If this waiver or reduction is elected, it shall apply to all Employees within the Covered Employment Classification.
3. A minimum age requirement is hereby specified for eligibility to participate. The minimum age requirement is N/A
to exceed age 21. Write N/A if no minimum age is declared.)
VI. CONTRIBUTION PROVISIONS
1. The Employer shall contribute as follows: (Choose all that apply, but at least one of Options A or B. If Option A is not
selected, Employer muse pick up Participant Contributions under Option B.)
Fixed Employer Contributions With or Without Mandatory Participant Contributions. (If Option B is chosen, please
complete section. C.)
VI A. Employer Contributions. The Employer shall contribute on behalf of each Participant % of Earnings or
$ 6,000 for the Plan Year (subject to the limitations of Artide V of the Plan).
Mandy ory Participant Contributions
are required ❑ are not required
to be eligible for this Employer Contribution.
(not
B. .Mandatory Participant Contributions for Plan Participation.
Required Mandatory Contributions. A Participant is required to contribute (subject to the limitations of Artide V
of the Plan) the specified amounts designated in items (i) through (iii) of the Contribution Schedule below:
{I Yes ❑ No
Money Purchase Plan Adoption Agreement
Employee Opt -In Mandatory Contributions. Each Employee eligible to participate in the Plan shall be given the
opportunity to irrevocably elect to participate in the Mandatory Participant Contribution portion of the Plan by
electing to contribute the specified amounts designated in items (i) through (iii) of the Contribution Schedule
below for each Plan Year (subject to the limitations of Article V of the Plan):
❑Yes ❑No
Contribution Schedule.
(i) % of Earnings,
(ii) $ , or
(iii) a whole percentage of Earnings between the range of • ex. 9%. 1 • «isx (insert range of
percentages between 196 and 20% inclusive (e.g., 396, 696, or 20%; 596 to 796)), as designated by the
Employee in accordance with guidelines and procedures established by the Employer for the Plan Year
as a condition of participation in the Plan. A Participant must pick a single percentage and shall not have the
right to discontinue or vary the rate of such contributions after becoming a Plan Participant.
Employer "Pick up The Employer hereby elects to "pick up" the Mandatory Participant Contributions` (pick
up is required if Option A is not selected).
0 Yes ❑ No (" Yes" is the default prnvsrson under the Plate if so selection is snack)
❑ C. Election Window (Complete if Option B is selected):
Newly eligible Employees shall be provided an election window of N/A days (no more than 60 calendar
days) from the date of initial eligibility during which they may make the election to participate in the Mandatory
Participant Contribution portion of the Plan.: Participation in the Mandatory Participant Contribution portion of
the Plan shall begin the first of the month following the end of the election window.
An Employee's election is irrevocable and shall remain in force until the Employee terminates employment or
ceases to be eligible to participate in the Plan. In the event of re- employment to an eligible position, the
Employee's original election will resume. In no event does the Employee have the option of receiving the pick -up
contribution amount directly.
2. The Employer may also elect to contribute as follows:
❑
A. Fixed :Employer Match of Voluntary After-Tax Participant Contributions. The Employer shall contribute on behalf
of each Participant % of. Earnings for the Plan Year (subject to the limitations ofArticle.V of the Plan) for each
Plan Year that such Participant has contributed % of Earnings or $ . Under this option, there is a
single, fixed rate of Employer contributions, but a Participant may decline to make the required Participant
contributions in any Plan Year, in which case no Employer contribution will be made on the Participant's behalf in
that Plan Year.
❑ B. Variable .Employer .Match of Voluntary After -Tax Participant Contributions. The .Employer shall contribute on
behalf of each Participant an amount determined as follows (subject to the limitations of Article V of the Plan):
% of the Voluntary Participant Contributions made by the Participant for the Plan Year (not including
Participant contributions exceeding % of Earnings or $ ),
1 Neither an IRS advisory letter nor a determination letter issued to an adopting Employer is a ruling by the Internal Revenue Service that
Participant contributions that are picked up-by the Employer are not includable in the Participants gross income frrr frderal income tax
purposes. Pick-up contributions are not mandated to receive private letter rulings, however, if an adopting employer wishes to receive a
ruling on pick -up contributions they may request one in accordance with Revenue Procedure 2012 -4 (or subsequent guidance).
Money Purchase Plan Adoption Agreement 3
PLUS % of the contributions made by the Participant for the Plan Year in excess of those included in the
above paragraph (bur not including Voluntary Participant. Contributions exceeding in
the aggregate % of Earnings or $ ).
Employer Matching Contributions on behalf of Participant for a Plan Year shall not exceed
$ or % of Earnings, whichever is more or less.
3. Each Participant may make a voluntary (unmatched), after tax contribution, subject to the limitations of Section 4.05 and
Article V of the Plan:
Yes ❑ No (Wo "is the default provision under the Plan if no selection is made.)
4. Employer contributions for a Plan Year shall be contributed to the Trust in accordance with the following payment schedule
(no later than the 15th day of the tenth calendar month following the end of the calendar year or fiscal year (as applicable
depending on the basis on which the Employer keeps its books) with or within which the particular Limitation year ends,
or in accordance with applicable law):
- Monthly
5. Participant contributions for a Plan Year shall be contributed to the Trusr in accordance with the following payment
schedule (no later than the 15th day of the tenth calendar month following the end of the calendar year or fiscal year (as
applicable depending on the basis on which the Employer keeps its books) with or within which the particular Limitation
year ends, or in accordance with applicable law):
Si-Monthly
6. In the case ofa Participant performing qualified military service (as defined in Code section 414(u)) with respect to the
Employer:
A. Plan contributions will be made based on differential wage payments:
❑ Yes 91 No (" Yes" is the default provision under the Plan if no selection is made.)
If yes is selected, this is effective beginning January 1, 2009 unless another later effective date is filled in here:
B. Participants who die or become disabled will receive Plan contributions with respect to such service:
in Yes No ( "No" is the default provision under the Plan no selection it made.)
If yes is selected, this is effective for participants who died or became disabled while performing qualified military
service on or after January 1, 2007, unless another later effective date is filled in here:
Money Purchase Plan Adoption Agreement 4
VII. EARNINGS
Earnings, as defined under Section 2.09 of the Plan, shall include:
1. Overtime
❑ Yes
2. Bonuses
❑ Yes
7 No
N
3. Other Pay (specifically describe any other types of pay to be induded below)
VIII. ROLLOVER PROVISIONS
1. The Employer will permit rollover contributions in accordance with Section 4.12 of the Plan:
Yes
❑ No ( "Yes" is tbe'defaxlt provision under the Plan if no selection is made:)
2. Direct rollovers by non - spouse beneficiaries are effective for distributions after 2006 unless the Plan delayed making
them available. If the Plan delayed making such rollovers available, check the box below and indicate the later effective
date in the space provided.
❑ Effective Date is
(Note: Plans must offer
December 31, 2009.)
IX. LIMITATION ON ALLOCATIONS
non - spouse benefcsa
ter than plan years beginning after
If the Employer maintains or ever maintained another qualified plan in which any Participant in this Plan is (or was) a
participant or could possibly become a participant, the Employer hereby agrees to limit contributions to all such plans as
provided herein, if nee, sary in order to avoid excess contributions (as described in Section 5.02 of the Phan).
1. If the Participant is covered under another qualified defined contribution plan maintained by the .Employer, the
provisions of Section 5.02(a) through (e) of the Plan will apply unless another method has been indicated below.
Other Method. (Provide the method under which the plans will limit total Annual Additions' to the Maximum
Permissible Amount, and will properly reduce any excess amounts, in a manner that preludes Employer discretion.)
2. The Limitation Year is the following 12 consecutive month period:
3. Unless the Employer elects a delayed effective date below, Article 5 of the Plan will apply to limitations years beginning
on or after July 1, 2007.
(The effeective date listed cannot be later than .90 days after the close of the first regular legislative session of the
legislative body with authority to auaend the plan that begins on or after July 1, 2007.)
Money Purchase Plan Adoption Agreement 5
X. VESTING PROVISIONS
The Employer hereby specifies the following vesting schedule, subject to (.1) the minimum vesting requirements and (2) the
concurrence of the Plan Administrator. (For the blanks below, enter the applicable percent — from 0 to 100 (with no entry after
the year in which 100°A is entered), in ascending order.)
Period of
Service Percent.
Completed Vested
zero 100
One °rb
Two
Three 96
Four
Five
Six
Seven 96
Eight 96
Nine °r6
Ten 9b
XI. WITHDRAWALS AND LOANS
1. In- service distributions are permitted under the Plan after a participant attains (select one of the below options):
❑ Normal Retirement Age
0 Age 701/2 ("7O3" is the default provision under the Plan if no selection is made.)
❑ Alternate age (after Normal Retirement Age):
❑ Not permitted at any age
2. A Participant shall be deemed to have a severance from employment solely for purposes of eligibility to receive distributions
from the Plan during any period the individual is performing service in the uniformed services for more than 30 days.
❑ Yes i71 No ("Yes" is the defitultprovision under the plan if no selection is made.)
3. Tax -free distributions of up to $3,000 for the direct payment of qualifying insurance premiums for eligible retired public
safety officers are availabk under the Plan:
❑ Yes No ("No" is the &Ault provision under the Plan if no selection is made.)
4. In- service distributions of the Rollover Account are permitted under the Plan, as provided in Section 9.07.
❑ Yes 0 No ( "No" is the default provision under the Plan if no selection is made.)
5. Loans are permitted under the Plan, as provided in Article XIII of the Plan:
❑ Yes 0 No ("No is the default provision under the Plan if no selection is made.)
Money Purchase Plan Adoption Agreement 6
SPOUSAL PROTECTION
The Plan will provide the following level of spousal protection (select one):
❑ 1. Participant Directed .Election. The normal form of payment of benefits under the Plan is a lump sum. The
Participant can name any person(s) as the Beneficiary of the Plan, with no spousal consent required.
2. Beneficiary Spousal Consent Election (Article XII). The normal form of payment of benefits under the Plan is
a lump sum. Upon death, the surviving spouse is the Beneficiary, unless he or she consents to the Participant's
naming another Beneficiary. ( "Beneficiary Spousal Consent Election" is the default provision under the Plan if
no selection is made.)
❑ 3. QJSA Election (Article XVI1). The normal form of payment of benefits under the Plan is a 50% qualified joint
and survivor annuity with the spouse (or life annuity, if single). In the event of the Participant's death prior to
commencing payments, the spouse will receive an annuity for his or her lifetime. (If C is selected, the spomil consent
requirements in Article XII also will apply.)
XIII. FINAL PAY CONTRIBUTIONS
The Plan will provide for Final Pay Contributions if either 1 or 2 below is selected.
The following group of .Employees shall be eligible for Final Pay Contributions:
❑ All Eligible Employees
Other:
Final Pay shall be defined as (select one):
❑ A. Accrued unpaid vacation
❑ B. Accrued unpaid sick leave
❑ C. Accrued unpaid vacation and sick leave
❑ D. Other (insert definition of Final Pay -- must be leave that Employee would have been able to use if employment
had continued and must be bona fide vacation andlor sick leave):
❑ 1. Employer Final Pay Contribution. The Employer shall contribute on behalf of Participant % of
Final Pay to the Plan (subject to the limitations of Article V of the Plan).
❑ 2. Employee Designated Fine[ Pay Contribution. Each Employee eligible to participate in the Plan shall be
given the opportunity at enrollment to irrevocably elect to contribute 94) (insert fixed percentage of final
pay to be contributed) or up to % (insert maximum percentage of final, pay to be contributed) of Final Pay
to the Plan (subject to the limitations of Article V of the Plan).
Once elected, an Employee's election shall remain in force and may not be revised or revoked.
Money Purchase Plan Adoption Agreement
XIV. ACCRUED LEAVE CONTRIBUTIONS
The Plan will provide for accrued unpaid leave contributions annually if either 1 or 2 is selected below.
The following group of .Employees shall be eligible for Accrued Leave Contributions:
❑ All Eligible Employees
❑ Other:
Accrued Leave shall be defined as (select one):
❑ A. Accrued unpaid vacation
❑ B. Accrued unpaid sick leave
❑ C. Accrued unpaid vacation and sick leave
❑ D. Other (insert definition of accred leave that is bona fide vacation and/or sick leave):
❑ i. Employer Accrued Leave Contribution. The Employer shall contribute as follows (choose one of the following
options):
❑ For each Plan Year, the Employer shall contribute on behalf of each Eligible Participant the unused
Accrued Leave in excess of (insert number of hours /days /weeks (circle one)) to the Plan
(subject to the limitations of Article V of the Plan).
❑ For each Plan Year, the Employer shall contribute on behalf of each Eligible Participant % of
unused Accrued Leave to the Plan (subject to the limitations of Article V of the Plan).
❑ 2. Employee Designated Accrued Leave Contribution.
Each eligible Participant shall be given the opportunity at enrollment to irrevocably elect to contribute 9'0
(insert fixed percentage of accrued unpaid leave to be contributed) or up to % (insert maximum percentage
of accrued unpaid leave to be contributed) of Accrued Leave to the Plan (subject to the limitations of Article V of
the Plan). Once elected, an Employee's election shall remain in force and may not be revised or revoked.
XV. The Employer hereby attests that it is a unit of state or local government or an agency or instrumentality of one or more
units of state or local government.
XVI. The .Employer understands that this Adoption Agreement is to be used with only the ICMA Retirement Corporation
Governmental Money Purchase Plan and Trust. This ICMA Retirement Corporation Governmental Money Purchase Plan
and Trust is a restatement of a previous plan, which was submitted to the Internal Revenue Service for approval on April 2,
2012, and received approval on March 31, 201.4.
The Plan Administrator hereby agrees to inform the Employer of any amendments to the Plan made pursuant to Section
14.05 of the Plan or of the discontinuance or abandonment of the Plan. The Employer understands that an amendment(s)
made pursuant to Section 14.05 of the Plan will become effective within 30 days of notice of the amendment(s) unless
the Employer notifies the Plan Administrator, in writing, that it disapproves of the amendment(s). If the Employer so
disapproves, the Plan Administrator will be under no obligation to act as Administrator under the Plan.
XVII. The Employer hereby appoints the ICMA Retirement Corporation as the Plan Administrator pursuant to the terms and
conditions of the ICMA RETIREMENT CORPORATION GOVERNMENTAL MONEY PURCHASE PLAN &
TRUST
The Employer hereby agrees to the provisions of the Plan and Trust.
Money Purchase Plan Adoption Agreement
XVIII. The Employer hereby acknowledges it understands that failure to properly fill our this .Adoption Agreement may result in
disqualification of the Plan.
XIX. An adopting Employer may rely on an advisory letter issued by the Internal Revenue Service as evidence that the Plan is
qualified under section 40 i of the Internal Revenue Code to the extent provided in applicable IRS revenue procedures and
other official guidance.
In Witness Whereof, the Employer hereby causes this Agreement to be executed on this
EMPLOYER
day of , 20
ICMA RETIREMENT CORPORATION
777 North Capitol St., NE Suite 600
Washington, DC 20002
800- 326 -7272
By Jean Stanley By
Print Name: Jean Stanley Print Name:
Title, HR Manager Tide:
Attest: Toni Bradshaw Attest:
Money Purchase Plan Adoption Agreement
icMARC
BUILDING PUBLIC SECTOR
RETIREMENT SECURITY
ICMA RETIREMENT CORPORATION
777 NORTH CAPITOL STREET, NE's WASHINGTON, DC 20002 -4240
800 -669 -7400
WWW.ICMARC.ORG
BRC000- 212 - 21266 - 201405 —W1371
REV 3/2015
COUNCIL MEETING DATE: March 1, 2016 ITEM #: ✓C
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: AMANDA SYSTEM UPGRADE CONTRACT AMENDMENT
POLICY QUESTION: Should Council approve the contract amendment for the existing Goods and Services
Agreement with CSDC Systems, Inc. for the upgrade of the City's AMANDA permitting system?
COMMITTEE: FEDRAC MEETING DATE: February 23, 2016
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY_ Thomas Fichtner, Information Technology Manager DEPT: Information Technology
Attachments:
1. Amendment No. 1 to Goods and Services Agreement for AMANDA System Upgrade.
2. Original Goods and Services Agreement for AMANDA System Upgrade
Summary/Background:
The City is undergoing a major upgrade to the AMANDA permitting system. This upgrade not only updates the
software, but it also adding new features, as well as fixing and "refitting" the workflow and back -end processes
of the system. After the project began, the vendor and staff uncovered additional work that was now included in
the original agreement. This agreement amends the contract to include the additional work required for a
successful upgrade.
The original budget for this project was estimated at $105,000, this amendment brings the total amount to
$105,667.50, which the additional $667.50 will be covered by savings in the IT Department adopted budget.
Due to anticipated completion in 2015, the project balance of $48,000, is pending 2016 carry - forward approval
during the first budget adjustment in 2016.
Options Considered:
1. Approve the Mayor's recommendation and forward to Council Consent Agenda on March 1, 2016.
2. Deny approval of the Mayor's recommendation and provide staff with further direction.
MAYOR'S RECOMMENDATION: Mayor recommends the approval of Amendment No. 1 to the Goods and
Services Agreement wij CSDC Systems, Inc. for the AMANDA System Upgrade.
MAYOR APPROVAL:
initte
Initial/Date
CHIEF OF STAFF: ,/164.,
Co
In' ;ln ate
DIRECTOR APPROVAL:
COMMITTEE RECOMMENDATION: I move to forward the proposed Agreement to the March 1, 2016 consent
agenda for approval.
Committee Chair
l
Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of Amendment No. 1 to the Goods and Services Agreement
with CSDC Systems, Inc. for the AMANDA System Upgrade, with a total compensation of $105,667.50, and
authorize the Mayor to sign said agreement."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED
❑ DENIED
❑ TABLED/DEFERRED/NO ACTION
❑ MOVED TO SECOND READING (ordinances only)
REVISED — 1/2015
COUNCIL BILL #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
CIT
'.r FeY OF deral Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003 -6325
(253) 835 -7000
www.cityoffedera/waycom
AMENDMENT NO. 1
TO
GOODS AND SERVICES AGREEMENT
FOR
AMANDA SYSTEM UPGRADE
This Amendment ( "Amendment No. 1") is made between the City of Federal Way, a Washington municipal
corporation ( "City "), and CSDC Systems, Inc., a Delaware corporation ( "Contractor "). The City and Contractor
(together "Parties "), for valuable consideration and by mutual consent of the Parties, agree to amend the original
Agreement for AMANDA System Upgrade ( "Agreement ") dated effective January 2, 2015, as follows:
1. AMENDED TERM. The term of the Agreement, as referenced by Section 1 of the Agreement and any prior
amendments thereto, shall be amended and shall continue until the completion of the Services, but in any event no
later than December 31, 2016 ( "Amended Term ").
2. AMENDED SERVICES. The Services, as described in Exhibit A and as referenced by Section 2 of the
Agreement, shall be amended to include, in addition to the Services and terms required under the original Agreement
and any prior amendments thereto, those additional services described in Exhibit A -1 attached hereto and
incorporated by this reference ( "Additional Services ").
3. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the
Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or
method of payment, as delineated in Exhibit B -1, 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 Amended Term. Except as otherwise provided in an attached Exhibit, 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. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior
amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by
either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the
previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been
performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The
provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names
appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding
on the parties of this contract.
[Signature page follows]
AMENDMENT 1 1/2015
CIT1=
FY 3ederal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003 -6325
(253) 835 -7000
www aryotrederatway com
IN WITNESS, the Parties execute this Agreement below, effective the last date written below.
CITY OF FEDERAL WAY ATTEST:
By:
Jim Ferrell, Mayor
DATE:
CSDC Systems, Inc.
By:
Printed Name: Jaime Peschiera
Title: Vice President Government Relations
DATE:
PROVINCE OF )
) ss.
CITY OF )
City Clerk, Stephanie Courtney, CMC
APPROVED AS TO FORM:
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_.
AMENDMENT
Notary's signature
Notary's printed name
Notary Public in and for the
My commission expires
- 2 1/2015
CITY OF
'r Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003 -6325
(253) 835-7000
www crt yoflsderaiway corn
EXHIBIT A -1
ADDITIONAL SERVICES
The Contractor shall do or provide the following in addition to Services in previous Exhibits:
1. Additional re -work of existing folders for AMANDA 6. The testing phase of this project uncovered some
bugs that existed in the City's current AMANDA 4 system. Fixing these bugs was not included in the
original Scope of Work; however it was determined by the City and the Contractor that is in the best interest
of the project to fix these bugs prior to Go -Live on AMANDA 6.
2. Merge Documents; convert and make the necessary formatting, style and programming changes, for the
City's current AMANDA 4 merge documents to function properly on AMANDA 6.
3. Refit/rebuild of Use Process (UP) 5 and UP 6 folders. This was requested per the original contract, however,
after the project began, it was determined by the Contractor that both UP folders 5 & 6 were not functioning
well enough under AMANDA 4 to "refit" them, instead it is necessary to "rebuild" the folders from the
ground up.
4. Modify the City's existing Crystal Reports to work properly on AMANDA 6.
AMENDMENT 3 1/2015
CITY OF
4** . Federal Way
EXHIBIT B -1
ADDITIONAL COMPENSATION
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003 -6325
(253) 835 -7000
www utyoffederatway com
1. Total Compensation: In return for the Additional Services, the City shall pay the Contractor an additional
amount not to exceed Seven Thousand Seven Hundred and 00 /100 Dollars ($7,700.00). The total amount payable to
the Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an
amount not to exceed Ninety -Six Thousand Five Hundred and 00 /100 Dollars ($96,500.00). The City will pay
Washington State Sales and Use Tax estimated at Nine Thousand One Hundred Sixty Seven and 50 /100 Dollars
($9,167.50) for a total of One Hundred Five Thousand Six Hundred Sixty -Seven and 50 /100 Dollars ($105,667.50).
2. Method of Compensation:
Payment Milestones — Contractor will invoice the City on the Milestones listed below for the corresponding amount
of each Milestone. The following milestone table will replace the table listed in the previous agreement. This table
shows the status to date:
Milestone #
Description
Invoice Costs
1 a
AMANDA Public Portal Production Server
$15,000
lb
AMANDA Enterprise Authentication Adapter
$5,000
1 c
AMANDA SmartGuide Designer License
$2,000
2
Completion of software installation
$20,000
3
Completion of configuration
$15,000
4
Completion of UAT (pre -Portal go -live)
$12,000
5
Completion of additional folder rework
$5,000
6
Completion merge documents
$2,700
7
Completion of UP 5 and UP 6 folder refit/rebuild (original
project contingency amount, agreed to use for this purpose)
$10,800
8
Completion of UAT (after Portal go -live)
$3,000
Total
$90,500
*Payment of milestone 1 a, 1 b, and 1 c will be paid upon receipt of software and invoice within 2014 calendar year.
Payment of milestones 2, 3, and 4 will be paid on or after 3/31/2015. This is due to the City's budgeting process to
be adjusted in early 2015.
Reimbursable Expenses — not modified from previous agreement of $6,000.00 to cover reimbursable expenses
for the entire contract including all amendments.
AMENDMENT
- 4 1/2015
CJTY OF
Federal Way
CITY HALL
33325 8th Avenue South
Federal Way WA 98003 -6325
(253) 835-7000
www ci(yvffederahvay.COm
GOODS AND SERVICES AGREEMENT
FOR
AMANDA SYSTEM UPGRADE
This Goods and Services Agreement ( "Agreement ") is made between the City of Federal Way, a Washington
municipal corporation ( "City"), and CSDC Systems, Inc., a Delaware corporation ( "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:
CSDC Systems, Inc.:
Marco Pasin
2821 W 7th St., Suite 230
Fort Worth, TX 76107
(888) 661 -1933 x405 (telephone)
m.pasin®csdcsystems.com
CITY OF FEDERAL WAY:
Thomas Fichtner
33325 8'h Ave. S.
Federal Way, WA 98003 -6325
(253) 835 -2547 (telephone)
(253) 835-2559 (facsimile)
Thomas.Fichtner ' ci offederalwa
.com
The Parties agree as follows:
1. TERM. The term of this Agreement shall commence upon the effective date ofthis Agreement, which shrill 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, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee.
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 accepted practices for other similar services within the Puget Sound region in effect at the time those services
are performed. The Contractor warrants goods are merchantable, are fit for the particular purpose for which they were obtained,
and will perform in accordance with their specifications and Contractor's representations to City. 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. This Agreement is subject to all warranty
provisions established under the Uniform Commercial Code, Title 62A RCW. In the event any part of the goods are repaired,
only original replacement parts shall be used; rebuilt or used parts are not acceptable. When defects are corrected, the warranty
for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City.
The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the
defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may
complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction
GOODS AND SERVICES AGREEMENT 1 4/2011
CITY F
O
Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003 -6325
(253) 835-7000
www. crtyoffedemMay. com
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.
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.
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 immediately lithe Contractor fails to maintain required insurance policies, breaches confidentiality, or materially
violates Section 12 and such may result in ineligibility for further City agreements.
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 rates) 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 ofPayment. The contractor will submit an invoice upon the completion of each milestone as defined in
Exhibit `B ". The Contractor shall also submit a final bill upon completion of all Work. Payment shall be made by the City only
after the Work has been performed and within thirty (30) days after receipt and approval by the appropriate City representative
of the voucher or invoice. if the Work does not meet the requirements of this Agreement, the Contractor will correct or modify
the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements
of the Agreement.
4.3 Defective Qr Unauthorized Work. If any goods, materials, or services provided under this Agreement are either
defective, unauthorized, or otherwise do not meet the requirements ofthis 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. If Contractor is unable, for any reason, to complete any part ofthis 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 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, 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. No penalty or expense shall accrue to the City in the event this provision applies.
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 fire
payment is made.
GOODS AND SERVICES AGREEMENT 2 4/2011
CITY OF
Federal ay
5. INDEMNIFICATION.
CITY MALI.
33325 8th Avenue South
Federal Way. WA 98003 -6325
(253) 835 -7000
www. crryoffoderoh vn y. corn
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, 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 sub - contractor shall agree to defend and indemnify the City, its
elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same
terms and conditions as the 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 sub- contractors harmless from any and all claims,
demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities,
losses, fines, fees, penalties expenses, attorney's fees, costs, and /or 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 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with
respect to any event occurring prior to such expiration or termination.
6. INSURANCE. The 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:
6.1. Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and
with such carriers who have a rating that is satisfactory to the City:
a. Commercial general liability insurance covering liability arising from premises, operations, independent
contractors, products - completed operations, 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;
c. Automobile liability insurance covering all owned. 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.
6.2. No Limit of Liability. Contractor's maintenance of insurance as required by the agreement shall not be
construed to limit the 1 iability 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
GOODS AND SERVICES AGREEMENT - 3
4/2011 .„.")
CITY OF
Fe feral Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003 -6325
(253) 835-7000
www. ciiynffedernlwtry. com
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.
. 63. 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 liabil ity 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.
6.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement.
7. CONFIDENTIALITY. All information regarding the City obtained by 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.
8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design
specifications, records, files, computer disks, magnetic media or material which may be produced or modified by Contractor
while perforating the Work shall belong to the City upon delivery. 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.
9. 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 pursuantto this Agreement.
These records shall be subject, at all reasonable times, to inspection, review or audit by the City, its authorized representative,
the State Auditor, or other governmental officials authorized by law to monitor this Agreement.
10. INDEPENDENT CONTRACTOR / EMPLOYEE CONDITIONS.
10.1 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. If the Contractor is a sole proprietorship or ifthis Agreement is with an individual, the
Contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington
retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so.
10.2 Safety. 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,
GOODS AND SERVICES AGREEMENT - 4 - 4/2011
Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 08003 -6325
(253) 835 -7000
www dtyo!!'ederahvcry. com
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
10.3 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
11. 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.
12. EQUAL OPPORTUNITY EMPLOYER. in all services, programs, activities, hiring, and employment made possible
by or resulting from this Agreement or any subcontract, there shall be no discrimination by 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 ofthe 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.
13. GENERAL PROVISIQ S.
13.1 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 ofthe 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.
132 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 ofthe other Party. If the non -
assigning party gives its consent to any assignment, 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
have any right of action or interest in this Agreement based on any provision set forth herein.
GOODS AND SERVICES AGREEMENT 5 - 4/201 I
CITY OF
Federal Way
CITY HALL
33325 8th Avenue South
Federal Way. WA 98003 -6325
(253) 835-7000
twvw ot} ifederahvoy, can
13.3 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.
13.4 Enforcement. 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. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning
of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United
States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed
received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended
to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. The failure of
the City to insist upon strict performance of any ofthe 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 ofthe City to declare
one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be
made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle,
any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim,
shall be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington,
unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over
such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the
personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are
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.
13.5 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 rpart of this
Agreement shall be the "date of mutual execution" hereof.
[Signature page follows]
GOODS AND SERVICES AGREEMENT - 6 - 4/2011
CITY OF
Way
CITY HALL
33325 8th Avenue South
Fedora{ Way, WA 98003-6325
(253) 835-7000
wveiv.cityoft,ederatiovy.can
IN WITNESS, the Parties execute this Agreement below, effective the last date written below.
CITY OF FEDERAL
Jim Fete
DATE:
.4,40"..de:cee
, •
CSDC Systems, Inc.
By:
Printed Name: Jaime Peschiera
Title: Vice President Government Relations
DATE: 2-2-- Dz) 27:7 / 4
4-gr City Attorney, Amy Jo Pearsall
APPROVED AS TO FORM:
GOODS AND SERVICES AGREEMENT , 7- 4/2011
CITY OF
Federal ay
EXHIBIT "A"
SERVICES
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003 -8325
(253) 835-7000
www. al yofederahvoy com
The Contractor will provide the necessary software, licenses, and professional services to upgrade the City's
current AMANDA client - server based product to the new AMANDA 6.1 web -based product, the City's current
AMANDA eNtraprise based Public Portal to the new AMANDA Public Portal II ( SmartGuide), as well as some
Refit and data clean -up work.
Software Provided by the Contractor:
I. Web -based AMANDA 6.1
2. AMANDA Public Portal II (SmartGuide)
a. Development Server
b. Production Server
c. AMANDA SmartGuide Designer
d. Public Portal Ecommerce Connector
e. AMANDA Public Portal Packages
i. User Registration
ii. Permits & Licenses
iii. Payments
iv. Public Search
v. Inspections
Professional Services Provided by the Contractor:
1. Project Management
2. Software Installation
3. initial City Staff Training
a. The City can facilitate training in their training lab -which has a maximum of 10 workstations
plus instructor station. The City has approximately 45 AMANDA users who will need standard
training.
4. Scope Assessment Report
5. Forms Migration to Web -based AMANDA (2 Forms) — To be specified by the City. The remainder of
the forms will be migrated by City staff as necessary.
6. Reports Migration to Web-based AMANDA (2 Reports) — To be specified by the City. The remainder
of the forms will be migrated by City staff as necessary.
7. Configuration of Public Portal Package Modules
8. Unit and Integration Testing
9. User Acceptance Testing (UAT) Support
a. CSDC to assist with user testing of core permitting and planning functions (both through Web
Based AMANDA as well as Public Portal) operate as necessary to conduct City business. CSDC
to also assist with testing integration components to verify Business Licensing (including online
business Iicense portal), Quadrant for cash receipting, and Selectron IVR.
10. AMANDA Administration Training
a. The City has 6 users who will need Administration testing.
b. All modules should be covered for new Administrators. Including any IT specific back -end
administration and maintenance tasks.
c. Crystal Reports and forms and reports generations should be covered. It is acceptable to the City
GOODS AND SERVICES AGREEMENT - 8 - 4/2011
C17Y OF
Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003 -6325
(253) 835 -7000
www.cxtyofedemh aay.com
to perform the deliverables (2 forms/2 reports migration) in a training environment where staff
can observe and learn the process.
11. Refit and Data Clean -up (5 days)
a. General database cleanup, duplicate records, etc. — as determined by Colin Wood during August
2 -3, 2012 site visit.
b. Refit following folders for streamlined business processes also as recommended by Colin Wood
during August 2 -3, 2012 site visit:
i. SF
ii. MF
iii. CO
iv. GR
v. Use Process Folders 1 -6
c. Due to loss of notes during site visit by Colin Wood and Jason Leask, the City will determine
necessary refit work to the above folders by December la 2014.
Requirements by the City:
1. All servers provided for production and development will be Windows Server 2012 R2.
2. All servers provided for production and development will be virtualized using Microsoft Hyper -V 3.0 on
Windows Server 2012 R2 hosts.
3. All database servers (production and development) are Microsoft SQL Server 2005 SP3 (version
9.0,4035). AMANDA 6.0 Database must be compatible with Microsoft SQL Server 2012 and 2014 for
future database server upgrades.
4. AMANDA 6.0 web - client must use Windows Active Directory Authentication for user login.
5. AMANDA 6.0 web - client and Public Portal II (SmartGuide) must be compatible and tested working
with the City's Quadrant (1.0.3980) cash receipting and PC Charge (5.10.0 SP3) credit card processing
system and must test PCI compliant. The City uses TrustWave for PCI compliance checking, if the
software or web portal tests out of compliance, it is CSDC's responsibility to bring the portal up to
compliance.
6. AMANDA 6.0 web - client must be compatible with Microsoft supported versions of Internet Explorer.
7. AMANDA Public Portal 11 (SmartGuide) must be compatible with Microsoft supported versions of
Internet Explorer and latest versions of Firefox and Chrome.
8. AMANDA 6.0 web - client must be compatible with the City's current Business License online website
and process or Contractor must work with City to upgrade/modify site for successful operation.
9. The AMANDA 6.0 system must be compatible with the City's Selectron IVR version 4.0 IVR after the
AMANDA upgrade is complete.
10. Printing permits must be compatible with a Microsoft Windows Server 2008 R2 Print Server and HP
LaserJet 9040/9050 printer drivers.
11. The AMANDA 6.0 system must be compatible with the City's existing web-based Crystal Report
permits. These can be provided to CSDC for verification upon request.
Requirements/Assumptions by the Contractor:
1. City is responsible for providing the third -party software required to support installation and deployment
of the Web -based AMANDA 6.0 and AMANDA Public Portal I1 (SmartGuide).
2. CSDC is responsible for installing and configuring Liferay Portal Server such that it can support
deployment of the AMANDA Public Portal 11 (SmartGuide) software in the development instance.
3. AMANDA Permit and Inspection Package functionality and workflow processes will be implemented in
their present configuration for this project, except as modified with additional refit work. Configuration
GOODS AND SERVICES AGREEMENT - 9-
4/2011
CITY of
Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003 -8325
(253) 835-7000
mellow a 01171
of Permit and Inspection functionality will be limited to placement of AMANDA Info fields on portal
screens (using the AMANDA SmartGuide Designer tool). CSDC will be responsible for developing the
Liferay Portal Server theme templates for the AMANDA Public Portal 11. CSDC will utilize graphics,
logos and other artefacts as provided by the City upon request, otherwise CSDC will utilize existing files
from the City's web site to develop Liferay Portal Server Themes.
4. The scope of the professional services for the Web -based AMANDA 6.0 and the AMANDA Public
Portal II (SmartGuide) implementation includes the following:
a. Development of Liferay Portal Theme template as described above.
b. Configuration of AMANDA permitting and inspection folders using AMANDA Administrative
Console. Configuration via AMANDA Administration Console of Folder Info fields so they can
appear within Public Portal screens.
c. Unit and integration testing of the fully configured AMANDA solution.
d. Onsite support for user acceptance testing (UAT).
e. Delivery of the AMANDA Administration Training.
f. Property Public query to display folder data.
S. The City will be responsible for creation and execution of UAT test cases. CSDC will provide support
for the City's UAT efforts. Folder setup changes to create new status, fees, process, attempt etc. are out
of scope, except newly refitted folder pursuant to Item #11 under section "Professional Services
Provided by the Contractor ".
6. The City is responsible for building all AMANDA and Public Portal help fifes.
7. The City will provide remote/VPN access to AMANDA database and Web servers necessary to
complete the scope. Contractor may be required to install SonicWALL VPN software (provided to
CSDC by the City) for this connectivity.
Annual Maintenance Costa
The parties have an existing relationship to ongoing maintenance costs.
Contractor agrees to the following:
1. The new AMANDA Public Portal II (SmartGuide) will replace the City's current annual maintenance
for the Public Portal I (AMANDA eNtraprise) at $13,000 /annually.
2. The City agrees to add the AMANDA Enterprise Authentication to its annual maintenance at $1,000
annually.
3. The City agrees to add the AMANDA SmartGuide Designer License to its annual maintenance at $400.
*These figures are not part of Exhibit `B" and will not be included in the total compensation for this con
GOODS AND SERVICES AGREEMENT - 10 - 4/2011
CITY OF
Federal Way
EXHIBIT "B"
COMPENSATION
CITY HALL
33326 8th Avenue South
Federal Way, WA 98003 -6325
(253) 835 -7000
wwwa ,vffedershvnycom
1. Total Compensation: In return for the Services, the City shall pay the Contractor an amount not to
exceed Eighty -Eight Thousand Eight Hundred and 00 /100 US Dollars (588,800.00). The City will pay
Washington State Sales and Use Tax estimated at Seven Thousand Eight Hundred Sixty Six and 00/100 US
Dollars ($7,866.00) to the State of Washington.
2. Method of Compensation:
Payment Milestones — Contractor will invoice the City on the Milestones listed below for the corresponding
amount of each Milestone:
Milestone #
Description
Invoice Costs
la
AMANDA Public Portal Production Server
$15 000
lb
AMANDA Ente •rise Authentication Ada ter
$5 000
lc
AMANDA SmartGuide Designer License
Completion of software installation
$2,000
$20,000
2
3
Completion of configuration
$15,000
$15,000
4
Completion of UAT
5
Contingency — if necessary as agreed by Parties.
$10,800
Total
$82,800
*Payment of milestone -la, 1 b, and 1 c will be paid upon receipt of software and invoice within 2014 calendar
year. Payment of milestones 2, 3, and 4 will be paid on or after 3/31/2015_ This is due to City's budgeting
process to be adjusted in early 2015.
Reimbursable Expenses
The actual customary and incidental expenses incurred by Contractor in performing the Services including travel,
mileage, per -diem, and other reasonable costs; provided, however, that such costs shall be deemed reasonable in the
City's sole discretion and shall not exceed Six Thousand and 00/100 Dollars (86,000.00).
GOODS AND SERVICES AGREEMENT - 11 - 4/2011
EXHIBIT "C"
CERTIFICATE OF INSURANCE
Date: December 08, 2014
The Insurers) hereby states that it has issued to the insured named herein a policy or policies of insurance providing the type of Insurance and limits','
of liability set forth herein. This certificate of Insurance neither affirmatively nor negatively amends, extends or alters the coverage, limits, terms or
conditions of the policy It certifies.
Certtflcate Holder.
City of Federal-Way
33325 8th Ave S, Federal Way, WA 98003
Named Insured:
CSDC Systems Inc.
COVERAGE PROVIDED, ONLY FOR THE FOLLOWING SECTIONS: ABC() EF G 11 O P Q
SECnoN ,
TYPE OF POLICY
INSURER lit
POLICY NO.
POLICY
PERIOD
)4ID /X
LIMITS Of LIABILITY
A
B
C
D
E
F
G
H
Commercial General Liability
Products and Completed Operations
Cross Liablity - Severability of
interests Clause
Blanket Contractual Liability
Occurrence Bodily Injury & Property
Damage
Personal injury
Non-Owned and Hired Automobile
Liability
Owners and Contractors protective
Travelers Insurance
Company of Canada
Policy No. TRV0327922
04/06/14 -
04/06/15
Each Occurrence
Aggregate
Tenant's Legal Liability
Non-Owned and Hired
Automobile Liabirity
$2.000,000
$5,000,000
$2.000,000
$2,000,000
J
K
L
M
N
Property
Certificate Holder Loss Payee
• All Risks, subject to policy
exclusions
• Replacement Cost
• Stated Amount of Co- insurance
• Other.
Property of Every
Description or
Building
Equipment
Stock
Property of Others
Tenants Improvement
Business Interruption
d
ExcesslUmbrella Liability
(Professional Liability EXCLUDED)
Travelers Insurance
Company of Canada
Policy No. TRV0327922
04/06/14 - !
04/06/15
Limits
$3,000,000
P
Professional Liability
(Technology Errors & Omissions)
Travelers Insurance
Company of Canada
Policy No. THV0327922
04/06/14 -
04/06/15
. Limits
$3,000,000
Q
Ht AMANDA Upgro tjn
If required by contract, the certificate holder is added to the policy(fes) as an additional insured but only with respect to liability arising out of the
operatlons /negligence of the Named Insured. Should any of the above described policies be ancelkd before the expiration date thereof, the Issuing
Insurer will endeavor to matt 30 days written notice to the holder of this cerdflate, but failure to do so shall Impose no obllgadon or liability of any
kind upon the insurer, Its agents or representatives.
.....
•
Authorbed Representative
THOMAS L HULL INSURANCE LIMITED
no sweet. sake 600. Tomato, ON 2W4
- 12-
ENTERPRISE SOLUTIONS
UC€NSING
GRANTS
COURTS & JUSTICE
PERMITTING & CCMAPLLANCE
FREEDOM OF INFORMATION
December 3, 2014
Dear Sir:
This letter confirms that Jaime Peschiera, Vice President Government
Relations, is the designated signature authority for all agreements between
CSDC Systems Inc. and the City of Federal Way.
Thank you,
Satish Ranganathan
Director, Finance & Admin
-.13-
t: (888) 661 -1933 •
f: (877) 661 -6175 •
www.csdcsystems.com •
COUNCIL MEETING DATE: March 1, 2016
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: City of Tacoma Department of Public Utilities, Light Division Franchise Extension Ordinance
POLICY QUESTION: Should the City grant the City of Tacoma Department of Public Utilities, Light Division
a Franchise Extension Ordinance to continue to install, operate and maintain an electrical light and power
system within the City of Federal Way rights -of -way?
COMMITTEE: Finance, Economic Development and Regional Affairs Committee MEETING DATE: February 23, 2016
CATEGORY:
❑ Consent
❑ City Council Business
® Ordinance
❑ Resolution
❑ Public Hearing
❑ Other
i
STAFF REPORT BY: John Mulkey, P.E., Street Systems Manager
Attachments:
1. Finance, Economic Development and Regional Affairs Committee memorandum dated February 23, 2016.
2. Franchise Ordinance
DEPT: Public Works
Options Considered:
1. Approve the Ordinance and forward to the March 1, 2016 City Council meeting for first reading.
2. Modify the Ordinance and forward to the March 1, 2016 City Council meeting for first reading.
3. Reject the Ordinance and provide direction to staff.
MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the Ma ch 1, 2016 City Council
Ordinance Agenda for first reading. t
J• Fcrrdl �n.U) tw. J. f(Ilt� DIRECTOR APPROVAL:
Committee SI Council IA 1 4.mmittee IV
MAYOR APPROVAL:
CHIEF OF STAFF:
aJ C1.1. ?
Com '- Council
COMMITTEE RECOMMEN I TION: The Committee recommends forwarding Option 1 to the March 1, 2016 City
Council Ordinance agenda for first reading.
Committee Chair
/14/J, hie-x,
Committee mber Committee Member
PROPOSED COUNCIL MOTION:
1ST READING OF ORDINANCE (03/01/2016): "I move to forward the ordinance to a second reading for
enactment on the March 15, 2016 Council agenda."
2ND READING OF ORDINANCE (03/15/2016): "I move approval of the City of Tacoma Department of Public
Utilities, Light Division Franchise Extension ordinance."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED
❑ DENIED
❑ TABLED /DEFERRED/NO ACTION
❑ MOVED TO SECOND READING (ordinances only)
REVISED — 08/12/2010
COUNCIL BILL #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
-4t '70 q
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
TO:
VIA:
FROM:
SUBJECT:
February 23, 2016
Finance, Economic Development and Regional Affairs Committee
Jim Ferrell, Mayor
Marwan Salloum, P.E., Public Works Directo
John Mulkey, P.E. Street System Manager
City of Tacoma Department of Public Utilities, Light Division — Franchise Extension
Ordinance
BACKGROUND
The City of Tacoma Department of Public Utilities, Light Division previously requested, and
was granted, a franchise from the City of Federal Way in order to install, operate and maintain an
electrical light and power system within the City of Federal Way and are seeking an extension of
that franchise agreement (see attached franchise.
The term of this Franchise extension is for a period of an additional ten (10) years commencing
on the effective date of this Franchise consistent with franchises the City has granted to other
utility provider.
Tacoma Department of Public Utilities, Light Division will maintain all requirements of the
original Franchise Agreement, including insurance requirements of $5 Million combined single
limit for commercial general liability and $5 Million for automobile insurance.
cc: Project File
Day File
ORDINANCE NO.
AN ORDINANCE of the City of Federal Way, Washington, extending
the term of the franchise agreement established in ordinance 06 -517 and
granting the City of Tacoma Department of Public Utilities, Light
Division a nonexclusive franchise to occupy rights -of -way of the City of
Federal Way, Washington, through the franchise area within the
specified franchise area for purposes of constructing, maintaining,
repairing, and operating an electrical light and power system within and
through the City of Federal Way; (Amending Ordinance No. 06 -517).
WHEREAS, the City of Tacoma Department of Public Utilities, Light Division, previously
requested, and was granted, a franchise from the City of Federal Way, in order to install, operate and
maintain an electrical light and power system in certain rights -of -way as attached in Exhibit A and
incorporated herein; and
WHEREAS, the City Council of Federal Way finds that it is in the public interest to specify
the rights and duties of the City of Tacoma Department of Public Utilities, Light Division, through a
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, poles, conduits,
tunnels, towers and structures, pipes, wires, and appurtenances thereof for transmission and
distribution of electrical energy: 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;
WHEREAS, Section 4 of the franchise established in Ordinance 06 -517 allows the parties to
extend the term of the original 10 -year franchise for an additional term of 10 years, and the City of
Tacoma Department of Public Utilities, Light Division, has expressed a desire to do so; and
Ordinance No. 16- Page 1 of 3
Rev 1/15
WHEREAS, the City Council of Federal Way finds that it is in the public interest to extend
this franchise for an additional 10 year term;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. The term of the franchise established in Ordinance 06 -517 and attached as Exhibit
A is extended for an additional ten (10) years commencing on the effective date of this ordinance.
Section 2. Severability. The provisions of this ordinance are declared separate and severable.
The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance,
or the invalidity of the application thereof to any person or circumstance, shall not affect the validity
of the remainder of the ordinance, or the validity of its application to any other persons or
circumstances.
Section 3. Corrections. The City Clerk and the codifiers of this ordinance are authorized to
make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener /clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Section 4. Ratification. Any act consistent with the authority and prior to the effective date of
this ordinance is hereby ratified and affirmed.
Section 5. Effective Date. This ordinance shall be effective thirty (30) days after passage and
publication as provided by law.
Ordinance No. 16-
Page 2 of 3
Rev 1/15
PASSED by the City Council of the City of Federal Way this day of
ATTEST:
, 20
CITY OF FEDERAL WAY
MAYOR, JIM FERRELL
CITY CLERK, STEPHANIE COURTNEY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, AMY JO PEARSALL
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
Ordinance No. 16-
Page 3 of 3
Rev 1/15
•E i-t 1 I T /4
`- 06.11.,
ORDINANCE NO. 06- SC)
)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, GRANTING UNTO THE CITY
OF TACOMA DEPARTMENT OF PUBLIC UTILITIES, LIGHT
DIVISION, A MUNICIPAL CORPORATION, A NONEXCLUSIVE
FRANCHISE TO OCCUPY THE RIGHTS -OF -WAY OF THE CITY
OF FEDERAL WAY, WASHINGTON, THROUGH THE
FRANCHISE AREA FOR THE PURPOSES OF CONSTRUCTING,
MAINTAINING, REPAIRING, RENEWING AND OPERATING AN
ELECTRICAL LIGHT AND POWER SYSTEM WITHIN AND
THROUGH THE CITY OF FEDERAL WAY.
WHEREAS, The City of Tacoma Department of Public Utilities, Light Division, has
requested a franchise from the City of Federal Way, in order to install, operate and maintain a electrical light
and power system in certain rights -of -way as depicted in Exhibit A on file with the City Clerk; and
WHEREAS, the City Council of Federal Way finds that it is in the public interest to specify
the rights and duties of the City of Tacoma Department of Public Utilities, Light Division, through a 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, poles, conduits, tunnels,
towers and structures, pipes and wires and appurtenances thereof for transmission and distribution of electrical
energy; 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:
ORD # 06-517 PAGE 1
ORIGINAL
SECTION 1. DEFINITIONS
Where used in this Franchise the following terms shall be defined as follows:
1.1 "City" means the City of Federal Way, Washington, a municipal corporation of the State of
Washington, and its respective successors and assigns.
1.2 "Council" means the City of Federal Way Council acting in its official capacity.
1.3 "Director" means the Public Works Director, or designee, of the City of Federal Way Public
Works Department.
1.4 "Facilities" means all plant, equipment, wires, conduit, meters, communication equipment for
remote meter reading and systems automation, generation equipment, and transmission and distribution poles
as may be necessary to provide electric utility service for customers. It does not include cable television
business equipment used for cable television activities.
1.5 "FWCC" means the Federal Way City Code.
1.6 "Franchise Area" means rights -of -way for public roads, streets, avenues, alleys, and highways
of the City as set forth in Exhibit A. The Franchisee shall place Facilities on the right -of -way in the Franchise
Area, but not on any other public property owned, in whole or in part, leased, or otherwise occupied by the
City.
1.7 "Franchisee" means The City of Tacoma Department of Public Utilities, Light Division, a
municipal corporation, and public utility, and its respective successors and assigns.
SECTION 2. GRANT /ACCEPTANCE
2.1 Grant of Franchise. The City does hereby grant to Franchisee, subject to the terms of this
Franchise, the right, privilege, authority and franchise to lay, construct, extend, repair, renew, and replace
Facilities in the Franchise Area.
ORD # 06-517 PAGE 2
2.2 Acceptance by Franchisee. Franchisee shall have no rights under this Franchise, nor shall
Franchisee be bound by the terms and conditions of this Franchise, unless Franchisee shall, within sixty (60)
days after the effective date of this Franchise, file with the City its written acceptance of this Franchise and all
of its terms and conditions.
SECTION 3. NON - FRANCHISE AREA CITY PROPERTY
This Franchise does not and shall not convey any right to Franchisee to install its Facilities on, under,
over, across, or to otherwise use City -owned or leased properties of any kind outside the Franchise Area, or to
install Facilities on, under, over, across or otherwise use any City owned or leased property within the
Franchise Area other than public roads, streets, avenues, alleys and highways.
SECTION 4. TERM
Subject to Franchisee filing its acceptance pursuant to Subsection 2.2, the term of this Franchise shall
be for a period of ten (10) years commencing on the effective date of this Franchise, unless terminated earlier
pursuant to the terms of this Franchise or other applicable law. This Franchise may be renewed for one
additional ten (10) year period upon written request of Franchisee, not more than two (2) years or less than one
hundred eighty (180) days prior to the expiration of the initial term.
Notwithstanding the foregoing, Franchisee may terminate this Franchise, and remove its
facilities, at any time upon at least 90 -days written notice to the City.
SECTION 5. LOCATION OF FACILITIES
5.1 1.ocation. In addition to the other requirements in this Franchise, the location of the Facilities,
including the underground Facilities and appurtenances, their depths below surface of ground or grade of a
right -of -way (when available), shall be depicted on a map and submitted to the City within thirty (30) days of
ORI) # 06-5-WAGE 3
acceptance of this franchise or installation. Upon written request of the City, Franchisee shall update such map
to reflect actual or anticipated improvements to the Facilities. Any such map (or update thereof) so submitted
shall be for informational purposes only and shall not obligate Franchisee to undertake any specific
improvements, nor shall such map be construed as a proposal to undertake any specific improvements.
5.2 GIS Data. Franchisee shall submit the information required in Subsection 5.1 above in digital
Geographic Information System ( "GIS ') format, showing the location of its Facilities within the Franchise
Area.
5.3 Design Markings. In the event the City desires to design new streets or intersections, renovate
existing streets, or make any other public improvements, Franchisee shall further provide the location of
Franchisee's underground Facilities within the Franchise Area by either field markings or by locating the
Facilities on the City' s design drawings, and shall provide all other reasonable cooperation and assistance to
the City.
5.4 No Warranty or Waiver. Nothing herein is intended to relieve the parties of their respective
obligations arising under Chapter 19.122 RCW or other applicable law with respect to determining the location
of utility facilities prior to construction. Further, neither the provisions of this Franchise nor the absence of any
specific provision in this Franchise is intended to limit, detract from or render ineffective any disclaimer
(including, without limitation, any disclaimer as to accuracy or completeness) placed by Franchisee on any map
furnished to the City pursuant to Section 5.2 of this Franchise.
SECTION 6. NONINTERFERENCE OF FACILITIES
Franchisee agrees to maintain its Facilities, perform all work within the Franchise Area, and exercise
any and all rights authorized by this Franchise: (1) so as not to unreasonably interfere with the free passage of
traffic, (2) in accordance with the laws of the State of Washington and City ordinances, Franchise provisions,
ORD # 0610 PAGE 4
regulations, resolutions and rules, as now existing or as hereafter amended, and (3) as reasonably required by
the Director.
SECTION 7. REQUIREMENT TO OBTAIN PERMITS
7.1 Permits and Permit Applications.
Franchisee shall, at its expense, obtain all permits, including rights -of -way permits, and pay all permit
fees required by applicable City ordinances, regulations, resolutions and rules prior to commencing any work
within the Franchise Area except for routine maintenance, defined in Section 7.3. Franchisee permit
applications shall show the position and location of the Facilities to be constructed, laid, installed, or erected at
that time, show their relative position to existing rights -of -way or property lines upon prints drawn to scale,
designate rights -of -way by their names and improvements, such as, but not limited to, sidewalks, curbs, gutters,
shoulders of roadway, ditches, paved roadways, roadways to property lines, turnouts, parking strips, telephone
or electric distribution poles, and water pipes existing on the ground to be occupied. The Franchisee shall
specify the type of materials to be used, equipment to be used, and mode of safeguarding and facilitating the
public traffic during construction. Materials and equipment shall be in new or like -new condition for its type
and kind. The manner of excavation, construction, installation, backfi Il, and temporary structures such as, but
not limited to, traffic turnouts and road obstructions shall meet the standards of the FWCC and the satisfaction
of the Director. All traffic control shall be in accordance with the right -of -way permit, and shall be in
accordance with the Manual on Uniform Traffic Control Devices (MIJTCD). The Franchisee shall indicate on
the right -of -way use permit application the time needed to complete the work. The time needed to complete
the work is subject to approval by the City as a condition of the issuance of the right -of -way permit.
7.2 Emergency Exception to Permit Requirement
In the event of an emergency in which Franchisee's Facilities within the Franchise Area are in a
condition as to immediately endanger the property, life, health or safety of any individual, Franchisee may take
ORD # O6 51 PAGE 5
action immediately to correct the dangerous condition without first obtaining any required permit so long as:
(1) Franchisee informs the City of the nature and extent of the emergency, and the work performed, prior to
commencing the work if reasonably possible, or immediately following cessation of the emergency if not; and
(2) such permit is obtained by Franchisee as soon as practicable following cessation of the emergency.
7.3 Maintenance
Franchisee shall have the right to conduct maintenance to repair, modify, supplement, replace or
upgrade the Franchisee's Facilities, provided that the Franchisee shall obtain a Right of Way Use Permit and
any other permits or authorizations required by all applicable federal, state, and local laws, rules and
regulations prior to the performance of any said routine maintenance. Notwithstanding any requirements
contained herein, routine maintenance that does not interfere with pedestrian or vehicular traffic (such as
inspection, switching, or opening vaults and enclosures) does not require a permit.
SECTION 8. STANDARD OF PERFORMANCE
The Franchisee shall not excavate a trench and leave the jobsite at the end of the workday without
immediately backfilling and compacting to surface grade and the satisfaction of the Director. Backfilled trench
areas within a driving lane must be patched or plated, either temporarily or permanently, before the end of the
work day in which they have been opened. Trench areas within the right -of -way, but not within a driving lane,
must also be patched within the time limits specified by the City on the right -of -way use pemut. Final surface
restoration shall be completed within two (2) weeks, weather permitting, and shall be equal to or better than the
surface condition prior to permit issuance. The City may elect to have Franchisee install conduit in
Franchisee's trenches for the City's use and ownership provided the City agrees to reimburse Franchisee for
the incremental cost of installing such conduit.
ORD # 06- 5t)PAGE 6
Franchisee shall not open cut any street without an approved permit except as described in Section
7.2. Permit conditions will be reasonable based on facts and circumstances and a one block in length overlay
in both directions from an open cut will not apply in all circumstances.
Franchisee shall, in carrying out any authorized activities within the Franchise Area, comply with all
applicable laws, codes and standards, as now existing or hereafter adopted or amended, and in compliance with
the terms of this Franchise and any permit conditions, whether or not the work is performed by the Franchisee,
its agents, employees, subcontractors, or other third parties at Franchisee's direction. Upon completion of any
installation of Franchisee's Facilities within the Franchise Area, the "as- built" location of the Facilities shall be
shown in the plans submitted by Franchisee to the City's Public Works Department. Nothing herein is intended
to relieve the parties of their respective obligations arising under applicable law with respect to determining the
location of utility facilities.
SECTION 9. SURFACE MARKINGS /STAKES
Prior to Franchisee commencing any excavation work within the Franchise Area, Franchisee shall,
using a licensed surveyor, reference all monuments and markers relating to subdivisions, plats, highway, and
other surveys likely to be disturbed. The reference points shall be located so that they shall not he disturbed
during the Franchisee' s operations under this Franchise. The method referencing these monuments or other
points shall be approved by the City before placement. The construction shall be made as expeditiously as
conditions permit, and as directed by the City. Franchisee shall, using a licensed surveyor, immediately replace
all markers or monuments disturbed during any work by Franchisee within the Franchise Area. Franchisee
shall pay all costs associated with such lost, destroyed or disturbed monuments or markers. The cost of
monuments or other markers lost, destroyed, or disturbed, and the expense of replacement of the monuments,
shall be borne solely
by the Franchisee. A complete set of reference notes for monuments, markers, and other
ORD # 06- t7 PAGE 7
ties shall be filed with the City. In the event of any conflict or inconsistency between this Section 9 and
Chapter 19.122 RCW, as now existing or hereafter amended, Chapter 19.122 RCW will control.
SECTION 10. RIGHT TO CITY TO UNDERTAKE MAINTENANCE WORK
The laying, construction, maintenance, and operation of Franchisee' s Facilities granted under this
franchise shall not preclude the City, its accredited agents or its contractors from doing necessary maintenance
work contiguous to the Facilities, provided that the Franchisee shall have sufficient notice of blasting or
excavating in order that Franchisee may protect its Facilities or property.
SECTION 11. RIGHT OF CITY TO COMPLETE WORK
In the event Franchisee fails to comply with any of the terms of this Franchise, and such
noncompliance continues for a period of ten (10) business days after Franchisee receives written notice from
the City regarding the noncompliance, the City may, but in no event is the City obligated to, order any work
completed, including without limitation Franchisee's obligation to repair pursuant to Section 13 herein and
Franchisee's obligation to remove facilities pursuant to Section 12 herein. If the City causes such work to be
done by its own employees or by any person or entity other than Franchisee, Franchisee shall, upon the City's
written request, immediately reimburse the City for all reasonable costs and expenses incurred by the City in
having such work performed, which costs may include the City's reasonable administrative expenses.
However, the City shall not have any electrical work accomplished by any person or entity other than
Franchisee or a qualified and licensed electrical contractor reasonably acceptable to Franchisee.
SECTION 12. NOTICE TO FRANCHISEE OF WORK BY CITY
12.1 City Reservation of Rights. The City reserves the right to use, occupy and enjoy the
Franchise Area for any purpose that is not inconsistent with the terms and conditions of this Franchise. The
ORD # 06 -51,1 PAGE 8
Rights reserved herein include, without limitation, the construction of any electrical, water, sewer or storm
drainage line, installation of traffic signals, street lights, trees, landscaping, bicycle paths and lanes, equestrian
trails, sidewalks, other pedestrian amenities, and other public street improvement projects.
This Franchise is not an exclusive franchise. Without limiting Franchisee's rights under this
Franchise, this Franchise shall not in any manner prohibit the City from granting other and further franchises
in, under, over, upon and along the Franchise Area.
12.2 City's Duties. In the event the City undertakes any street improvement project, or use of the
Franchise Area as authorized by Subsection 12.1 herein, and such project or other City use necessitates the
relocation or underground conversion of Franchisee's then existing Facilities within the Franchise Area, the
City shall:
(a) Provide 180 days written notice to Franchisee requesting such relocation or
underground conversion within a reasonable time prior to the commencement of such project or other
City use; and
(b) Provide Franchisee with copies of pertinent portions of the City's plans and
specifications for such project so that Franchisee may relocate or convert its Facilities to accommodate
such project or other City use; and
(c) Use its best efforts to provide space sufficient for the safe and efficient installation,
operation, repair and maintenance of all of the Facilities within the Public Right of Way.
12.3 Franchisee's Duties. Within 180 days of notification from the City requesting the relocation or
underground conversion of the Facilities pursuant to Subsection 12.2(a) and receipt of the plans and
specifications pursuant to Subsection 12.2(b), Franchisee shall raise, lower, or move such Facilities within the
Franchise Area to a location or position directed by the City to comply with City requirements or, to cause the
least interference with the improvement, repair, or alteration contemplated by the City and so as to conform to
such new grades as may be established. If the City improves a right -of -way, Franchisee shall replace the
ORD # 06 -517 PAGE 9
Facilities located in the improved subgrade of the improvement with Facilities conforming to the specifications
for the improvement of the right -of -way. If the Franchisee is required to relocate three spans and/or 500 feet or
more due to a City project, the Facilities shall be converted to underground pursuant to FWCC. Except as
provided otherwise herein, Franchisee shall complete relocation of its Facilities at its sole cost and expense.
12.4 Alternative Proposals. The Franchisee may, after receipt of written notice requesting a
relocation of its Facilities, submit to the City written alternatives to such relocation. The City shall evaluate
such alternatives and advise the Franchisee in writing if one or more of the alternatives are suitable to
accommodate the work that would otherwise necessitate the relocation of the Franchisee's Facilities. If so
requested by the City, the Franchisee shall submit additional information to assist the City in making such an
evaluation. The City shall give each alternative proposed by the Franchisee full and fair consideration. In the
event the City determines in its sole discretion that there is no other reasonable altemative, the Franchisee shall
relocate its Facilities as provided in Section 12.3. The Parties agree to exercise good faith, reasonable and
timely decision - making especially when issues arise in the field pertaining to relocation. The provisions of this
Section shall survive the expiration or termination of this Franchise.
12.5 Subsequent Relocation. If any portion of Franchisee's Facilities that has been required by City
to be relocated under the provisions of this section is subsequently required to be relocated again within five
(5) years of the original relocation, City will bear the entire cost of the subsequent relocation.
12.6 Underground Conversion Cost Allocation. Whenever the City desires the underground
conversion of the Facilities in conjunction with a City improvement project, as described in 12.1, the costs
shall be allocated as follows:
(a) Forty percent (40 %) of the total actual and reasonable costs of converting the
Franchisee's existing overhead primary electrical distribution system and data lines to underground
shall be paid by the City. (Total actual cost shall include, but not be limited to, vaults, conduit, cable,
data conduit and cable, switch gears, and transformers.)
ORD # 06 -W PAGE 10
(b) Sixty percent (60 %) of the total actual and reasonable costs of converting the
Franchisee's existing overhead primary electrical distribution system and data lines to underground
shall be paid by the Franchisee. (Total actual cost shall include, but not be limited to, vaults, conduit,
cable, data conduit and cable, switch gears, and transformers.)
(c) If sufficient space, as mutually agreed upon, is not available within the Public Right
of Way, the City shall acquire additional right of way as necessary and the costs of such additional
right of way shall be a "shared cost" to be paid forty percent (40 %) by City and sixty percent (60 %) by
Franchisee.
(d) One hundred percent (100 %) of all trenching, restoration, and surveying costs of
converting the Franchisee's existing overhead primary electrical distribution system and data lines to
underground shall be paid by the City.
(e) Conversion of the secondary electrical service on private property is not to be
included in the computation of the allocation of payments. The customer must supply and install the
secondary conductor, power conduit and Franchisee's data conduit from the meter to the secondary
electrical service box located near the property line.
(f) Franchisee may elect to install conduit for data use in trenches where existing
overhead data lines are not present for no additional share of trenching costs. The City may elect to
have Franchisee install conduit in Franchisee's trenches for the City's use, provided the City agrees to
reimburse Franchisee for the incremental cost difference. The incremental cost shall be the actual cost
of the conduit plus the labor to install it, without profit markup.
12.7 Other Relocation. The provisions set forth under Sections 12.3 through 12.6 shall not be
applicable if any private person or entity requires the relocation of Franchisee's Facilities to accommodate the
work of such private person or entity within the Franchise Area. Payment for such relocation shall be a private
matter between Franchisee and the private person or entity whose work necessitates the relocation.
ORD # 06-50 PAGE 11
SECTION 13. DAMAGE REPAIR
In case of damage by the Franchisee or by the Facilities of the Franchisee to rights -of -way, or to public
and private improvements to rights -of -way, the Franchisee agrees to repair the damage at its own cost and
expense. The Franchisee shall immediately notify the City of the damage. The City will inspect the damage,
and set a time limit for completion of the repair. If the City discovers damage caused by the Franchisee to
rights -of -way, or to public and private improvements to rights -of -way, the City shall give the Franchisee notice
of the damage and set a time limit so the Franchisee may repair the damage. The City may, in the event the
Franchisee does not repair a right -of -way or an improvement to a right -of -way as required in this section, do,
order, and have done the repairs and the Franchisee, upon demand, shall pay to the City the actual costs of the
work.
SECTION 14. DEFAULT
14.1 Notice of Default. If Franchisee shall fail to comply with any of the provisions of this
Franchise, the City may serve a written notice to Franchisee ordering such compliance and Franchisee shall
have sixty (60) days from the receipt of such notice in which to comply.
14.2 Revocation of Franchise. If Franchisee is not in compliance with this Franchise after the
expiration of the sixty (60) day period, the City may, by resolution, declare an immediate forfeiture of this
Franchise; provided, however, if any failure to comply with this Franchise by Franchisee cannot reasonably be
corrected with due diligence within such sixty (60) day period (Franchisee's obligation to comply and to
proceed with due diligence being subject to unavoidable delays and events beyond its control), then the time
within which Franchisee may so comply shall be extended, upon notice to the Director, fbr such time as may be
reasonably necessary and so long as Franchisee commences promptly and diligently to effect such compliance.
ORD # 06 -C17 PAGE 12
SECTION 15. NONEXCLUSIVE FRANCHISE
This Franchise is not an exclusive franchise. Without limiting Franchisee' s rights under this
Franchise, this Franchise shall not in any manner prohibit the City from granting other and further franchises
in, under, over, upon, and along the Franchise Area. This Franchise shall not prohibit or prevent the City from
using the Franchise Area for any reason not inconsistent with this Franchise or affect the jurisdiction of the
City over the Franchise Area or any part thereof. The City reserves the right to use, occupy and enjoy the
Franchise Area for any purpose that is not inconsistent with the terms and conditions of this Franchise,
including without limitation, the construction of any electrical, water, sewer or storm drainage line, installation
of traffic signals, street lights, trees, landscaping, bicycle paths and lanes, equestrian trails, sidewalks, other
pedestrian amenities, and other public street improvement projects.
SECTION 16. LIMITED RIGHTS
This Franchise is intended to convey only a limited right and interest to Franchisee in the Franchise
Area. This Franchise is not a warranty of title or conveyance of any ownership interest in or to the Franchise
Area to Franchisee.
SECTION 17. VACATION
If at any time the City, by ordinance, vacates all or any portion of the Franchise Area, the City will not
be liable for any damages or loss to the Franchisee by reason of such vacation. The City will (1) notify
Franchisee of proposed vacations of streets within which Franchisee's Facilities are located and (2) reserve an
easement for Franchisee's Facilities within a vacated area if feasible. The City may, after thirty (30) days
written notice to Franchisee, terminate this Franchise with respect to any such vacated area.
ORD # 00-50 PAGE 13
SECTION 18. COMPLIANCE WITH LAWS
Franchisee shall comply with all applicable federal, state and City laws, ordinances, resolutions,
regulations, standards and procedures, as now existing or hereafter amended or adopted, including without
limitation the State Environmental Protection Act; provided, however, that if any term or condition of this
Franchise and any term or condition of any City law, code, ordinance, resolution, regulation, standard,
procedure, permit or approval are in conflict, the term or condition of this Franchise will control.
Nothing herein shall be deemed to direct or restrict the City's ability to adopt and enforce all necessary
and appropriate ordinances made in the exercise of its police powers in the interest of public safety and for the
welfare of the public. The City shall have the authority at all times to control by appropriate regulations the
location, elevation, manner of construction and maintenance of any facilities by the Franchisee and the
Franchisee shall promptly conform with all such regulations, unless compliance would cause the Franchisee to
violate other requirements of law.
SECTION 19. GUARANTEE
Franchisee shall guarantee work completed by the Franchisee under this franchise for a period of ten
(10) years against settlement or repair.
SECTION 20. CHARGE FOR ADMINISTRATIVE COSTS
Franchisee agrees to pay a fec or charge to recover the actual reasonable administrative expenses
incurred by the City which are directly related to receiving and approving this Franchise not to exceed One
Thousand and No /100 Dollars ($1,000.00). Nothing herein shall preclude the City from recovering any
administrative costs incurred by the City in the approval of permits or in the supervision, inspection or
examination of all work by Franchisee in the Franchise Area as prescribed in accordance with applicable
provisions of the City's code.
ORD # 06-51-PAGE 14
SECTION 21. INDEMNIFICATION
Franchisee agrees to indemnify and hold the City, its elected officials, officers, employees, agents, and
volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all
attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents,
licensees, or representatives, arising from, resulting from, or connected with this Franchise to the extent caused
in part or in whole by the negligent acts, errors or omissions of the Franchisee, its officers, partners,
shareholders, agents, employees, or by the Franchisee's breach of this Franchise. In the event any claim,
demand, suit or action is commenced against the City which gives rise to Franchisee's obligation pursuant to
this Section 21, the City shall promptly notify Franchisee thereof, and Franchisee shall have the right, at its
election and sole cost and expense, to defend, settle or compromise such suit or action by attorneys selected by
Franchisee with the prior consent of the City; provided that the City may withhold such consent only on the
grounds that the attorneys selected by Franchisee are precluded by rules of professional responsibility or
applicable law from undertaking such representation. The City shall have the right at all times to participate
through its own attorney in any suit or action which arises pursuant to this Franchise when the City determines
that such participation is required to protect the interests of the City or the public. 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 Franchisee and the City, or their respective officers, employees and agents, the
Franchisee's indemnification obligations hereunder shall apply only to the extent of the proportional fault of
Franchisee, its officers, employees and agents pursuant to RCW 4.24.115.
SEC'rION 22. INSURANCE
22.1 Minimum Limits. The Franchisee agrees to carry as a minimum, the following insurance, in
such forms and with such carriers as are satisfactory to the City.
ORD # 06-517 PAGE 15
(a) Workers compensation and employer's liability insurance in amounts sufficient
pursuant to the laws of the State of Washington;
(b) Commercial general liability insurance with combined single limits of liability not less
than $5,000,000 for bodily injury, including personal injury or death, products liability, contractual
coverage, operations, explosion, collapse, underground and property damage; and
(c) Automobile liability insurance with combined single limits of liability not less than
$5,000,000 for bodily injury, including personal injury or death and property damage.
22.2 Mandatory Insurance Provisions. The comprehensive general liability insurance and
automobile liability insurance policies shall be endorsed to contain the following provisions:
(a)
The City, its officers, elected officials, employees, and volunteers are to be named as
additional insured with respect to activities performed by or on behalf of Franchisee;
(b) Coverage shall apply separately to each insured against whom claim is made or suit is
brought, except with respect to the limits of the insurer's liability;
(c) Coverage shall not be suspended, canceled, modified or reduced except after thirty
(30) days prior written notice to the City delivered by certified mail, return receipt requested; and
(d) Coverage shall be primary as to the City, its officers, officials, employees and
volunteers. Any insurance or self - insurance by the City, its officers, officials, employees or volunteers
shall be in excess of Franchisee's required insurance.
22.3 Verification of Coverage. Franchisee shall furnish the City with certificates of insurance and
original endorsements evidencing the coverages required by this Section. The certificates and endorsements
shall be signed by a person authorized by the insurer to bind coverage on its behalf and must be received and
approved by the City prior to the commencement of any work. At the City's request, Franchisee shall deliver
certified copies of all required insurance policies.
ORD # 06 -Sly PAGE 16
22.4 Self - Insurance. In satisfying the insurance requirements set forth in this Section, Franchisee
may self - insure against such risks in such amounts as are consistent with good utility practices. Franchisee shall
provide the City with sufficient written evidence, upon request, that such insurance (or self- insurance) is being
so maintained by Franchisee. Such written evidence shall include, to the extent available from Franchisee's
insurance carrier, a written certificate of insurance with respect to any insurance maintained by Franchisee in
compliance with this Section.
SECTION 23. DISPUTE RESOLUTION.
23.1 In the event of a dispute between City and Franchisee arising by reason of this Franchise, or
any obligation hereunder, the dispute shall first be referred to the operational officers or representatives
designated by City and Franchisee to have oversight over the administration of this Franchise. Said officers or
representatives shall meet within thirty (30) calendar days of either party's request for a meeting, whichever
request is first, and the parties shall make a good faith effort to attempt to achieve a resolution of the dispute.
23.2 In the event that the parties are unable to resolve the dispute under the procedure set forth in
Section 23.1, then the parties hereby agree that the matter shall be referred to mediation. The parties shall
mutually agree upon a mediator to assist them in resolving their differences. Each party shall bear its own
expenses related to the mediation and the parties shall share the cost of the mediator equally.
23.3 If either party is dissatisfied with the outcome of the mediation, that party may then pursue any
available judicial remedies, provided, that if the party seeking judicial redress does not substantially prevail in
the judicial action, it shall pay the other party's reasonable legal fees and costs incurred in the judicial action.
SECTION 24. REMOVAL OF FACILITIES
Upon the expiration, termination, or revocation of the rights granted under this Franchise, the
Franchisee shall remove all of its Facilities from the Franchise Area within 90 days of receiving notice from the
OR!) # 06-5G PAGE 17
Public Works Director to do so. Provided, however, that the City may permit the Facilities to be abandoned in
place in such a manner as the City may prescribe. Upon permanent abandonment, the Facilities shall become
the property of the City.
SECTION 25. GENERAL PROVISIONS
25.1 Entire Agreement. This Franchise contains all of the agreements of the Parties with respect to
any matter covered or mentioned in this Franchise and no prior agreements or understandings pertaining to any
such matters shall be effective for any purpose.
25.2 Modification. No provision of this Franchise may be amended or added to except by
agreement in writing signed by both of the Parties.
25.3 Assignment. Franchisee shall not 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 City which consent shall
not be unreasonably withheld. Any assignee shall, within thirty (30) days of the date of any approved
assignment, file written notice of the assignment with the City together with its written acceptance of all terms
and conditions of this Franchise. Notwithstanding the foregoing, Franchisee shall have the right, without such
notice or such written contest, to mortgage its rights, benefits and privileges in and under this Franchise to the
Trustee for its bondholders.
25.4 Attorney Fees. In the event the City or the Franchisee defaults on the performance of any
terms in this Franchise, and the Franchisee or the City places the enforcement of the Franchise or any part
thereof or the collection of any monies due, or to become due hereunder, in the hands of an attorney, or tiles
suit upon the same, the prevailing party shall he entitled to an award of all reasonable attorneys' fees, costs and
expenses. The venue for any dispute related to this Franchise shall be King County, Washington.
25.5 No Waiver. Failure of either party to declare any breach or default by the other party
immediately upon the occurrence thereof, or delay in taking any action in connection therewith, shall not waive
ORD # 06-50. PAGE 18
such breach or default, but such party shall have the right to declare any such breach or default at any time.
Failure of either party to declare one breach or default does not act as a waiver of such party's right to declare
another breach or default.
25.6 Governing Law. This Franchise shall be made in and shall be governed by and interpreted in
accordance with the laws of the State of Washington.
25.7 Authority. Each individual executing this Franchise on behalf of the City and Franchisee
represents and warrants that such individual is duly authorized to execute and deliver this Franchise on behalf
of the Franchisee or the City.
25.8 Notices. Any notices required to be given by the City to Franchisee or by Franchisee to the
City shall be delivered to the parties at the following addresses:
Franchisee: City:
Tacoma Power
Attn: Power Superintendent
3628 South 35th Street
P.O. Box 11007
Tacoma, WA 98411 -0007
City of Federal Way
Attn: City Attorney
33325 — 8th Avenue S.
P.O. Box 9718
Federal Way, WA 98063
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 herein. Any notice so posted in the United States mail shall be
deemed received three (3) days after the date of mailing.
25.9 Captions. The respective captions of the sections of this Franchise are inserted for convenience
of reference only and shall not be deemed to modify or otherwise affect in any respect any of the provisions of
this Franchise.
25.10 Remedies Cumulative. Any remedies provided for under the terms of this Franchise 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.
ORD # 06- 54PAGE 19
SECTION 26. SEVERABILITY
If any section, sentence, clause, or phrase of this Ordinance 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 Ordinance.
SECTION 27. RATIFICATION
Any act consistent with the authority and prior to the effective date of this Ordinance is hereby ratified
and affirmed.
SECTION 28. EFFECTIVE DATE
This Ordinance shall take effect and be in full force thirty (30) days after its passage, approval and
publication, according to law.
PASSED by the City Council of the City of Federal Way this day of ,; 2006.
CITY OF FEDERAL WAY
AT
CITY LERK, LAURA HATH A
APPFj.QVED AS TO FORM:
7:-oe
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERIC:
PASSED BY THE CITY COUNCIL:
PUBLISHED: a2
EFFECTIVE DATE:
ORD # 06-50 PAGE 20
K\ORDIN■Tacoma Pow, Franchise Firml
HONORABLE MAYOR AND CITY COUNCIL
CITY OF FEDERAL WAY, WASHINGTON
In the matter of the application of the City )
of Tacoma Department of Public Utilities, )
Light Division, a Municipal Corporation, ) ACCEPTANCE OF FRANCHISE
for a franchise to construct, operate and )
maintain electrical facilities in, upon, )
under, along, across and through certain )
franchise areas of the City of Federal Way)
Washington )
WHEREAS the City Council of the City of Federal Way, Washington has
granted a franchise to the City of Tacoma Department of Public Utilities, Light
Division, a Municipal Corporation, its successors and assigns, by enacting City of
Federal Way Ordinance No. 06 -517, adopted on the 21St day of February, 2006;
WHEREAS copies of said Ordinance received from the City of Federal Way
granting said franchise were approved by the Public Utility Board for the City of
Tacoma Department of Public Utilities on February 22, 2006;
NOW, THEREFORE, the City of Tacoma Department of Public Utilities,
Light Division, a Municipal Corporation, for itself, its successors and assigns,
hereby accepts said Ordinance granting a franchise, and all the terms and
conditions thereof, and files this, its written acceptance, with the City of Federal
Way, King County, Washington.
IN TESTIMONY WHEREOF said Franchise Grantee, City of Tacoma
Department of Public Utilities, Light Division has caused this written Acceptance to
be executed in its name by its undersigned Power Superintendent thereunto duly
authorized on this 7- day of March, 2006.
Attest:
'1.._;!.•r .:I/ —..
Clerk/ ' ublic Utility Board
Copy received for
Feder ; ay:
By:
ity of
City Clerk
CITY OF TACOMA, DEPARTMENT OF
PUBLIC UTILITIES, LIGHT DIVISION
By:
4.4p,
Stev: J. Klein
Su • ntendent
s a
ACCEPTANCE:
The undersigned hereby accepts all the rights and privileges of the above granted Franchise and acknowledges
that such rights and privileges are subject to and limited by all of the terms, conditions and obligations
contained therein.
DATED this 7 t "day of MR,(, C s{ , 2006.
TACOMA PUBLIC UTILITIES
By:
Its:
APPROVED AS TO FORM:
Assistant City Attorney
ORD if 06511 PAGE 21
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ORD # 06 -59 PAGE 22
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COUNCIL MEETING DATE: March 1, 2016
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: ORDINANCE: NEW CINGULAR WIRELESS FRANCHISE ORDINANCE
POLICY QUESTION: Should Council pass the proposed ordinance granting New Cingular Wireless a Franchise
to operate and maintain wireless communications fixtures in a portion of the rights -of -way within the City of
Federal Way?
COMMITTEE: FEDRAC
MEETING DATE: February 23, 2016
CATEGORY:
❑ Consent
❑ City Council Business
® Ordinance
❑ Resolution
❑ Public Hearing
❑ Other
STAFF REPORT BY: Amy Jo Pearsall, City Attorney
....... ...............................
DEPT: Law
This Franchise Ordinance was approved and enacted by Council on September 15, 2015. Cingular failed to
submit the signed acceptance within 60 days as required by the terms of the Franchise. The attached Franchise
contains the same terms as previously presented and incorporates this history and an increased administrative fee.
Attachments: 1. New Cingular Wireless Franchise Ordinance.
2. Agenda Bill and staff report presented to council on August 25, 2015.
Options Considered: 1. Approve the Ordinance and forward to Council for first reading at the March 1,
2016 meeting.
2. Modify the Ordinance and forward to Council for first reading at the March 1, 2016
meeting.
3. Reject the Ordinance and provide direction to staff.
MAYOR'S RECOMMENDATION: Option #1
MAYOR APPROVAL:
CHIEF OF STAFF:
DIRECTOR APPROVAL:
C
In' al ate
Counc
Initial
2- 17-1(0
nitial/Date
COMMITTEE RECOMMEND ,I ION: I move to forward the proposed ordinance to First Reading on March 1,
2016.
1Q17,L.
Committee Chair
Committee ember
Committee Member
PROPOSED COUNCIL MOTION(S):
1ST READING OF ORDINANCE (MARCH 1): "I move to forward approval of the ordinance to the March 15,
2016 Council Meeting for second reading and enactment."
2ND READING OF ORDINANCE (MARCH 15): "I move approval of the proposed ordinance."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED
❑ DENIED
❑ TABLED/DEFERRED/NO ACTION
❑ MOVED TO SECOND READING (ordinances only)
REVISED — 1/2015
COUNCIL BILL #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
not
ORDINANCE NO.
AN ORDINANCE of the City Council of the City of Federal Way,
Washington, granting New Cingular Wireless PCS, LLC, a Delaware
limited liability company, a nonexclusive franchise to occupy rights -of-
way of the City of Federal Way, Washington, within the specified
franchise area for the purposes of installation, operation, maintenance
and repair of its wireless communications fixtures and related
equipment, cables, accessories and improvements in a portion of the
rights -of -way within and through the City of Federal Way. (Repealing
Ordinance No. 15 -800)
WHEREAS, New Cingular Wireless PCS, LLC, a Delaware Limited Liability Company,
( "Franchisee ") has requested a franchise from the City of Federal Way, in order to place wireless
transmitting facilities and related appurtenances in the City owned or controlled rights -of -way; and
WHEREAS, the City Council approved the requested Franchise through Ordinance No. 15-
800 at the September 15, 2015 City Council meeting; and
WHEREAS, Franchisee did not return the signed acceptance within 60 days of the effective
date of Ordinance No. 15 -800, as required by Section 2 of the Franchise Agreement, and the City
Council's approval of the Ordinance expired; and
WHEREAS, Franchisee has requested that the City approve a new franchise; and
WHEREAS, the City Council of Federal Way finds that it is in the public interest to grant
such a franchise, which will specify the rights and duties of Franchisee; 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, conduits, wires,
and appurtenances for transmission of signals and other methods of communications; and
Ordinance No. 16-
Page 1 of 39
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WHEREAS, in granting such a nonexclusive franchise agreement, 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. Definitions
Where used in this Franchise the following terms shall be defined as follows:
1.1 "City" means the City of Federal Way, Washington, a municipal corporation of the
State of Washington, and its respective successors and assigns.
1.2 "Council" means the City of Federal Way Council acting in its official capacity.
1.3 "Director" means the Public Works Director, or designee, of the City of Federal Way
Public Works Department.
1.4 "Facilities" means: Franchisee's equipment to be located within the public right -of-
way as follows: (i) wireless communications facilities, including, but not limited to, electronic
equipment, radio transmitting and receiving apparatus, and supporting equipment to be located on a
pole on a certain public right of way, base station transmitting cabinets, radio frequency antennas and
locating antennas, (ii) underground fiber optic telecommunication lines or similar lines, and (iii) any
appurtenances necessary to connect the lines or similar lines to the existing switched telephone
network all as shown on Exhibit A.
1.5 "FWRC" means the Federal Way Revised Code.
1.6 "Franchise Area" means only that portion of the City owned or controlled rights -of-
way located in the City of Federal Way and shown in Exhibit A attached hereto (excluding privately
owned property), and /or any other areas approved by the Federal Way City Council and incorporated
into this Ordinance via amendment.
Ordinance No. 16-
Page 2 of 39
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1.7 "Franchisee" means New Cingular Wireless PCS, LLC, a Delaware limited liability
company, and its respective successors and assigns if consented to by the City of Federal Way as
provided in Section 27.3 herein.
Section 2. Grant /Acceptance
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, upgrading, and
repairing Facilities within the Franchise Area ( "Franchise "). 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 for or to cable and other third -party cable or telecommunications providers, and
Franchisee covenants and agrees that it will not do so.
2.2 Acceptance by Franchisee. Franchisee shall have no rights under this Franchise, nor
shall Franchisee be bound by the terms and conditions of this Franchise, unless Franchisee shall,
within ninety (90) days after the effective date of this Franchise, file with the City its written
acceptance of this Franchise and all of its terms and conditions.
Section.3. Non - Franchise Area City Property
This Franchise does not and shall not convey any right to Franchisee to install its Facilities
on, under, over, across, or to otherwise use City -owned or leased properties of any kind outside the
Franchise Area, or to install Facilities on, under, over, across or otherwise use any City -owned or
leased property within the Franchise Area other than public roads, streets, avenues, alleys, and
highways. Additionally, this Franchise does not convey any right to Franchisee to install its Facilities
on, under, over, across private property or any other governmental authorities' property or on any
Ordinance No. 16-
Page 3 of 39
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other person or entity's poles or apparatus, and Franchisee is responsible for obtaining any
authorizations, agreements or consents from private property owners, and other governmental
authorities and any other persons or entities.
Section 4. Term
Subject to Franchisee filing its acceptance pursuant to Subsection 2.2, the term of this
Franchise shall be for a period of ten (10) years commencing on the effective date of this Franchise,
unless terminated earlier pursuant to this Franchise or other applicable law. Notwithstanding the
foregoing, Franchisee may terminate this Franchise, and remove its facilities, at any time upon at
least 90 -days' written notice to the City.
Section S. Location of Facilities
5.1 Location. In addition to the other requirements of this Franchise, Franchisee shall
submit to the City an "as- built" plan for each Facility, including any underground portion(s) of the
Facility and appurtenances, their depths below surface of ground or grade of a right -of -way, and any
related existing equipment (such as cellular or personal communication service antennae) to which
the Facility is connected, within thirty (30) days of the installation of the each Facility. Any fiber line
or conduit permitted by this Franchise which runs from a pole in the right -of -way to an equipment
shed or building on private property shall be installed underground. Upon written request of the City,
Franchisee shall update such "as- built" plan to reflect actual or anticipated improvements to any of
the Franchisee's Facilities. Any such map (or update thereof) so submitted shall be for informational
purposes only and shall not obligate Franchisee to undertake any specific improvements, nor shall
such map be construed as a proposal to undertake any specific improvements.
5.2 GIS Data. At such time as Franchisee develops or employs Geographic Information
System ( "GIS ") technology, Franchisee shall submit the information required in Subsection 5.1
Ordinance No. 16-
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above in digital GIS format, showing the location of its Facilities within the Franchise Area.
5.3 Design Markings. In the event the City desires to design new streets or intersections,
renovate existing streets, or make any other public improvements, Franchisee shall at the City of
Federal Way's reasonable request, provide the location of Franchisee's Facilities within the
Franchise Area by either field markings or by locating the Facilities on the City's design drawings,
and shall provide all other reasonable cooperation and assistance to the City.
5.4 Utilities. Nothing herein is intended to relieve the parties of their respective
obligations arising under Chapter 19.122 RCW or other applicable law with respect to determining
the location of utility facilities prior to construction.
Section 6. Noninterference of Facilities
Franchisee agrees to maintain its Facilities and perform any and all activities authorized by
this Franchise: (1) so as not to unreasonably interfere with the free passage of traffic; (2) in
accordance with the laws of the State of Washington and City Code requirements, Franchise
provisions, regulations, resolutions, rules, and publicly available policies of general applicability as
now existing or as hereafter amended; and (3) as required by the Director in accordance with the
foregoing or given public health, safety and welfare. This requirement applies whether the work is
performed by the Franchisee, its agents, employees, subcontractors, or other third parties at
Franchisee's direction.
Section 7. Requirement to Obtain Permits
7.1 Permits and Permit Applications.
Franchisee shall, at its expense, obtain all permits, including rights -of -way permits, and pay
all permit fees required by applicable City ordinances, regulations, resolutions publicly available
polices, and rules prior to commencing any work within the Franchise Area. Franchisee permit
Ordinance No. 16-
Page 5 of 39
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applications shall show the position and location of the proposed facilities to be constructed, laid,
installed, or erected at that time, show their relative position to existing rights -of -way or property
lines upon prints drawn to scale, designate rights -of -way by their names and improvements, such as,
but not limited to, sidewalks, curbs, gutters, shoulders of roadway, ditches, paved roadways,
roadways to property lines, turnouts, parking strips, telephone or electric distribution poles, and
water pipes existing on the ground to be occupied, or as otherwise reasonable required by the
Director. The Franchisee shall specify the class and type of materials to be used, equipment to be
used, and method of safeguarding and facilitating the public traffic during construction. Materials
and equipment shall be in new or like -new condition for its type and kind. The manner of excavation,
construction, installation, backfill, and temporary structures such as, but not limited to, traffic
turnouts and road obstructions shall meet the standards of the FWRC and be reasonably satisfactory
to the Director. All traffic control shall be in accordance with the right -of -way permit, and shall be in
accordance with the Manual on Uniform Traffic Control Devices (MUTCD). The Franchisee shall
indicate on any permit application the time needed to complete the work. The time needed to
complete the work is subject to approval by the City, which shall not be unreasonably withheld, as a
condition of the issuance of the permit or approval.
7.2 Emergency Exception to Permit Requirement.'
In the event of an emergency in which Franchisee's Facilities within the Franchise Area are in
a condition as to immediately endanger the property, life, health or safety of any individual,
Franchisee may take action immediately to correct the dangerous condition without first obtaining
any required permit so long as: (1) Franchisee informs the City of the nature and extent of the
emergency, and the work to be performed, prior to commencing the work; and (2) such permit is
obtained by Franchisee as soon as reasonably practicable following cessation of the emergency.
Ordinance No. 16-
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Section 8. Standard of Performance
The Franchisee shall not excavate for a distance of more than one hundred feet (100') without
immediately backfilling and compacting to surface grade and City standards. Backfilled trench areas
within a driving lane must be patched, either temporarily or permanently, before the end of the work
day in which they have been opened. Trench areas within the right -of -way, but not with in a driving
lane, must also be patched within the time limits specified by the City on the right -of -way use permit.
Final surface restoration shall be completed within thirty (30) days and shall be equal to or better
than the surface condition prior to permit issuance.
Any asphalt overlay completed within the Franchise Area during the five (5) year- period
immediately prior to the date of permit application shall not be open cut by Franchisee unless
required by an emergency and subject to the provisions of Subsection 7.2 above. Franchisee shall
install new asphalt overlay on any street that is open cut, whether in an emergency or otherwise, for a
minimum of one (1) block (approximately 500 feet) in length in both directions from the open cut,
unless determined otherwise by the Director in accordance with FWRC regulations or Department of
Public Works internal policies.
Within forty -five (45) days of completion of any installation of Franchisee's Facilities within
the Franchise Area, Franchisee shall submit to the Director plans, stamped by a Professional
Engineer or surveyor licensed by the State of Washington, showing the "as- built" location of the
Facilities.
Section 9. Survey Markers and Monuments
Franchisee shall, at its sole cost and expense, and using a licensed surveyor, timely replace or
repair all markers or monuments displaced or damaged as a result of any work by Franchisee within
the Franchise Area.
Ordinance No. 16-
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Section 10. Surface Markings /Stakes
Prior to Franchisee commencing any excavation work within the Franchise Area, Franchisee
shall, using a licensed surveyor, reference all monuments and markers relating to subdivisions, plats,
highways, and other surveys. The reference points shall be located so that they shall not be disturbed
during the Franchisee's operations under this Franchise. The method of referencing these monuments
or other points shall be approved by the City before placement. The construction shall be made as
expeditiously as conditions permit, and as directed by the City. The Franchisee shall be responsible
for the cost of repairing or replacing monuments or other markers lost, destroyed, or disturbed, as a
result of any work by Franchisee within the Franchise Area. A complete set of reference notes for
monuments, markers and other ties shall be filed with the City.
Section 11. Right of City to Complete Work
In the event Franchisee fails to comply with any applicable federal, state or City laws,
ordinances, rules, regulations, publicly available policies, or standards or with any of the terms of
this Franchise, and such noncompliance continues for a period of thirty (30) days after Franchisee
receives written notice from the City regarding the noncompliance, the City may, but in no event is
the City obligated to, order any work completed, including without limitation Franchisee's obligation
to repair pursuant to Section 13 herein and Franchisee's obligation to remove or relocate facilities
pursuant to Section 12 herein. If the City causes such work to be done by its own employees or by
any person or entity other than Franchisee, Franchisee shall, upon the City's written request,
immediately reimburse the City for all reasonable costs and expenses incurred by the City in having
such work performed, which costs may include the City's reasonable overhead expenses and
attorney's fees, within sixty (60) days. However, the City shall not have any electrical work
accomplished by any person or entity other than Franchisee or a qualified and licensed electrical
Ordinance No. 16-
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contractor.
Section 12. Required Relocation of Facilities
12.1 City Reservation of Rights. The City reserves the right to use, occupy and enjoy all or
any part of the Franchise Area, either above, below, or adjacent to the Facilities consistent with the
terms and conditions of this Franchise. The rights reserved herein include, without limitation, the
construction, installation, and/or maintenance of any electrical, water, sewer or storm drainage line,
traffic signals, street lights, trees, landscaping, bicycle paths and lanes, equestrian trails, sidewalks,
other pedestrian amenities, and other public street improvement projects.
This Franchise is not an exclusive Franchise and shall not be construed to in any manner
prohibit the City from granting other and further Franchises in, under, over, upon, and along the
Franchise Area, nor from exercising such other powers and authorities granted to the City by the
Washington State Constitution and general law.
Franchisee shall operate the Facilities in a manner that will not cause interference to the City,
and other lessees, franchisees, or licensees of the Franchise Area whose use predates this Franchise.
In addition, with respect to lessees, franchisees or licensees whose operations commence after
installation of the Facilities hereunder, Franchisee shall not make any change in in its operations that
causes or is intended to cause material interference with such lessees, franchisees or licensees. All
operations by Franchisee shall be in compliance with all Federal Communications Commission
( "FCC ") regulations.
Pursuant to FWRC Section 19.255.060 as it now exists or is hereafter amended, the City may
issue permits for and enter into franchises and leases that allow location or collocation of other
telecommunications facilities in the Franchise Area, and Franchisee consents to same, provided
however, that the location or collocation must occur in compliance with said FWRC Section
Ordinance No. 16-
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19.255.060 as it now exists or is hereafter amended.
In the event that any such location or collocation results in the interference with Franchisee's
operations, and provided that Franchisee has substantially complied with the provisions of this
Franchise, the City agrees to take reasonable steps to cause the interfering party to eliminate such
interference, including, but not limited to, revoking the interfering party's permit(s) or approval(s). In
case of interference between two or more wireless carriers, the City shall give priority to the wireless
carrier who was first in time at the particular location where the interference is being experienced. In
the event that the interference is not eliminated within thirty (30) days of notice to City by
Franchisee, Franchisee may terminate this Franchise immediately and pursue any and all remedies
available to it against the interfering party.
12.2 City's Duties. The City may require Franchisee to relocate one or more of its
Facilities in the Franchise Area when reasonably necessary for construction, alteration, repair or
improvement of the right -of -way for purposes of public welfare, health or safety, (hereinafter
collectively referred to as "Improvement Project "). In the even the City requires Franchisee to
relocate one or more of its Facilities, the City shall:
(a) Within a reasonable time, which shall be no less that one hundred eighty (180)
days, prior to the commencement of the improvement project, provide the Franchisee with written
notice requiring it to relocate its Facility.
(b) In the event of an emergency posing a threat to public safety, health or
welfare, or in the event of an emergency beyond the control of the City, the City shall give the
Franchisee written notice to relocate as soon as practicable. The Franchisee shall relocate its
Facilities within a reasonable time period specified by the Public Works Director, unless a court
established a later date for completion, after a showing of the Franchisee that the relocation cannot
Ordinance No. 16-
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be completed by the date specified using best efforts and meeting safety and service requirements.
(c) Provide the Franchisee with copies of the plans and related information for the
improvement project necessitating the relocation and shall identify reasonable alternative locations in
the right -of -way for the Franchisee's Facilities. The City shall make a reasonable effort to process
any permits required for a replacement Facility in a timely fashion to enable the Franchisee to
construct a replacement Facility before the Franchisee is required to remove the original Facility.
12.3 Franchisee's Duties.
After receiving notice under Subsection 12.2(a) requiring relocation, and receipt of the plans
and specifications pursuant to Subsection 12.2(c), Franchisee shall complete relocation of its
Facilities so as to accommodate the improvement project at least ten (10) days prior to
commencement of the improvement project, unless the City or a court establishes a later date for
completion, after a showing of the Franchisee that the relocation cannot be completed by the date
specified using best efforts and meeting safety and service requirements. The Franchisee may, after
receipt of written notice requesting a relocation of its Facilities, submit to the City written
alternatives to such relocation. The City shall evaluate such alternatives and advise the Franchisee in
writing if one or more of the alternatives are suitable to accommodate the work which would
otherwise necessitate relocation of the Facilities. The City shall give each alternative proposed by the
Franchisee full and fair consideration, within a reasonable time, so as to allow for the relocation
work to be performed in a timely manner. In the event the City ultimately determines, after due
consideration, that there is no other reasonable alternative, the Franchisee shall relocate its Facilities
as otherwise provided in this Section.
Unless otherwise provided in RCW 35.99.060, the Franchisee shall complete relocation of its
Facilities at its sole cost and expense and at no charge, cost, or expense to the City.
Ordinance No. 16-
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The provisions of this Section shall in no manner preclude or restrict the Franchisee from
making any arrangements it may deem appropriate when responding to a request for relocation of its
Facilities by any person or entity other than the City, where the Facilities to be constructed by said
person or entity are not or will not become City - owned, operated or maintained Facilities; provided
that such arrangements do not unreasonably delay a City improvement project.
Section 13. Damage Repair
In case of damage by the Franchisee, its agents or employees or by the Facilities of the
Franchisee to rights -of -way, or to public and private improvements in the rights -of -way, the
Franchisee agrees to repair the damage at its own cost and expense. The Franchisee shall, upon
discovery of any such damage, promptly notify the City. The City will inspect the damage and
coordinate with the Franchisee to establish a schedule for repairing the damage. If the City discovers
damage caused by the Franchisee to rights -of -way, or to public and private improvements in the
rights -of -way, the City shall give the Franchisee notice of the damage and coordinate with the
Franchisee to establish a schedule for repairing the damage. In the event the Franchisee does not
repair a right -of -way or an improvement to a right -of -way as required in this section, the City may
repair the damage pursuant to Section 11 of this Agreement.
Section 14. Default
14.1 Notice of Default. In addition to other remedies set forth herein, if Franchisee fails to
comply with any of the provisions of this Franchise, the City may serve a written notice to
Franchisee ordering such compliance and Franchisee shall have thirty (30) days from the receipt of
such notice in which to comply.
14.2 Revocation of Franchise. If Franchisee has not cured the default within thirty (30)
days of receiving notice from the City of such default, or if such default is not curable within thirty
Ordinance No. 16-
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(30) days, if the Franchisee fails to commence such cure within thirty (30) days or fails thereafter
diligently to pursue such cure to completion, the City may, by resolution, declare the franchise
immediately revoked.
Section 15. Limited Rights
This Franchise is intended to convey only a limited right and interest to Franchisee in the
Franchise Area. This Franchise is not a warranty of title or conveyance of any ownership interest in
or to the Franchise Area to Franchisee.
Section 16. Eminent Domain
The existence of this Franchise shall not preclude the City from acquiring by condemnation,
in accordance with applicable law, all or a portion of Franchisee's Facilities within the Franchise
Area for the fair market value thereof. In determining the value of such Facilities, no value shall be
attributed to the right to occupy the Franchise Area conferred by this Franchise.
Section 17. Vacation
If at any time the City, by ordinance, vacates all or any portion of the Franchise Area, the City
will not be liable for any damages or loss to the Franchisee by reason of such vacation. The City shall
notify Franchisee in writing not less than sixty (60) days before vacating all or any portion of the
Franchise Area. The City may, after thirty sixty (60) days written notice to Franchisee, terminate this
Franchise with respect to any such vacated area.
Section 18. Compliance with Laws
18.1 General. Franchisee shall comply with all applicable federal, state and City laws,
franchises, resolutions, regulations, publicly available standards and procedures, as now existing or
hereafter amended or adopted, including without limitation the State Environmental Policy Act;
provided, however, that if any term or condition of this Franchise and any term or condition of any
Ordinance No. 16-
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City law, code, franchise, resolution, regulation, standard, procedure, permit or approval are in
conflict, the term or condition of this Franchise will control.
18.2 Future City of Federal Way Regulation. Franchisee acknowledges that the City may
develop generally applicable rules, regulations, ordinances and specifications for the use of the right-
of-way which shall govern Franchisee's Facilities and activities hereunder as if they were in effect at
the time this Franchise was executed by the City and Franchisee covenants and agrees to be bound by
same, provided they do not conflict with state law.
Section 19. Guarantee
Franchisee shall guarantee work completed by the Franchisee under this Franchise for a
period of 10 years against settlement or repair.
Section 20. Charge for Administrative Costs
Franchisee agrees to pay a fee or a charge of Two Thousand and No /100 Dollars ($2,000.00)
to recover the administrative expenses incurred by the City that are directly related to preparing and
approving this Franchise. Nothing herein shall preclude the City from charging administrative fees or
recovering any administrative costs incurred by the City in the approval of permits or in the
supervision, inspection or examination of all work by Franchisee in the Franchise Area as prescribed
in accordance with applicable provisions of the Federal Way Revised Code.
Section 21. Indemnification
Franchisee agrees to indemnify and hold harmless and defend the City, its elected officials,
officers, employees, agents, and volunteers from any and all claims, demands, losses, actions and
liabilities (including costs and all attorney's fees) to or by any and all persons or entities, including,
without limitation, their respective agents, licensees, or representatives, arising from, resulting from,
or connected with this Franchise to the extent caused in part or in whole by the acts, errors or
Ordinance No. 16-
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omissions of the Franchisee, its officers, partners, shareholders, managers, members, agents,
employees, or by the Franchisee's breach of any provisions of this Franchise; however, this section
shall not be construed as requiring Franchisee to indemnify, hold harmless or defend the City against
claims or damages arising from the negligence of the City, its agents, employees, independent
contractors, officers, or volunteers. In the event any claim, demand, suit or action is commenced
against the City that gives rise to Franchisee's obligation pursuant to this Section, the City shall
promptly notify Franchisee thereof. Franchisee' s selection of an attorney to defend any such claim,
demand, suit or action shall be subject to the City's approval, which shall not be unreasonably
withheld. Franchisee shall not settle or compromise any such suit or action except with prior written
consent of the City, which shall not be unreasonably withheld. The City shall have the right at all
times to participate through its own attorney in any suit or action which arises pursuant to this
Franchise when the City determines that such participation is required to protect the interest of the
City or the public. In the event it is determined that RCW 4.24.115 applies to this Franchise,
Franchisee agrees to defend, hold harmless and indemnify the City to the maximum extent permitted
thereunder, to the full extent of Franchisee's negligence.
Section 22. Insurance
22.1 Minimum Limits. The Franchisee agrees to carry as a minimum, the following
insurance, in such forms and with such carriers licensed to do business in the state of Washington as
are satisfactory to the City.
(a) Workers' compensation insurance in amounts sufficient pursuant to the laws
of the State of Washington;
(b) Commercial general liability insurance with combined single limits of liability
not less than $5,000,000 for bodily injury, including personal injury or death, products liability,
Ordinance No. 16-
Page 15 of 39
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contractual coverage, operations, explosion, collapse, underground and property damage;
(c) Automobile liability insurance with combined single limits of liability not less
than $5,000,000 for bodily injury, including personal injury or death and property damage; and
(d) Employers liability insurance in an amount not less that $1,000,000.
22.2 Mandatory Insurance Provisions. The comprehensive general liability insurance and
automobile liability insurance policies shall be endorsed to contain the following provisions:
(a) The City, its officers, elected officials, employees, and volunteers are to be
named as additional insured;
(b) Coverage shall apply separately to each insured against whom claim is made
or suit is brought, except with respect to the limits of the insurer's liability;
Coverage shall not be suspended, canceled, modified or reduced except after thirty (30) days
prior written notice to the City delivered by certified mail, return receipt requested; and Coverage
shall be primary as to the City, its officers, officials, employees and volunteers. Any insurance or
self - insurance by the City, its officers, officials, employees or volunteers shall be in excess of
Franchisee's required insurance.
22.3 Verification of Coverage. Franchisee shall furnish the City with certificates of
insurance and original endorsements evidencing the coverages required by this Section. The
certificates and endorsements shall be signed by a person authorized by the insurer to bind coverage
on its behalf and must be received and approved by the City prior to the commencement of any work.
Section 23. Bond
Before commencing work within the City, the Franchisee shall post a bond in the form
attached as Exhibit B and in the amount of $100,000 to guarantee performance of the construction,
performance, maintenance or repair in accordance with any permits required and with any provisions
Ordinance No. 16-
Page 16 of 39
Rev 1/15
of this franchise. Procedures for submission and release of the bond shall be as provided in Chapter
19.25 FWRC or as otherwise provided in the FWRC. In the event that the Franchisee fails to perform
as required herein or by any permits required, the City may perform the work as provided herein, and
may have recourse to the bond in addition to or in lieu of the remedies provided herein, at the City's
sole discretion. Franchisee shall be entitled to return of the bond, or portion thereof, as remains sixty
(60) days after the expiration or termination of the Franchise, provided the City has not notified
Franchisee of any actual or potential damages incurred as a result of Franchisee's operations pursuant
to the Franchise or as a result of default thereunder.
Section 24. Removal of Facilities
Upon the expiration, termination or revocation of the rights granted under this Franchise, the
Franchisee shall remove all of its Facilities form the Franchise Area within 90 days of receiving
notice from the Public Works Director to do so. Provided, however, that the City may permit the
Facilities to be abandoned in place in such a manner as the City may prescribe. Upon permanent
abandonment, the Facilities shall become property of the City.
Section 25. Confidentiality
Subject to the limits of Washington law, the City agrees to treat as confidential any records
that constitute proprietary or confidential information under federal or state law, to the extent
Franchisee makes the City aware of such confidentiality. Franchisee is responsible for clearly and
conspicuously identifying the work confidential and proprietary. Franchisee will provide a brief
written explanation as to why such information is confidential and how it may be treated as such
under state or federal law. If the City receives a demand from any person for disclosure of any
information designated by Franchisee as confidential, the City, consistent with applicable law, will
advise Franchisee and provide Franchisee with a copy of any written request by the party demanding
Ordinance No. 16-
Page 17 of 39
Rev 1/15
access to such information. If Franchisee believes that the disclosure of such documents by the City
would interfere with Franchisee's rights under federal or state law, Franchisee will take appropriate
legal action to prevent the disclosure by the City of such documents. Franchisee will join the person
requesting the documents to such an action. Franchisee will defend, indemnify and hold the City
harmless from any claim or judgment including any penalties or costs under Chapter 42.56 RCW.
Section 26. Land Use Approvals/Regulations:
The parties acknowledge that this Agreement sets forth the terms and conditions under with
the Franchisee may use and occupy the public right -of -way within the City. Nothing in this
Agreement is intended to or does modify or affect the terms and conditions of any existing or
subsequently issued land use or construction permits or approvals (e.g., conditions use permit,
variance, building permit, grading permit, electrical permit, etc.). All such land use and /or
construction permits or approvals shall be governed by the applicable City ordinances, rules and
regulations in effect at the time Franchisee submits a complete application for such permits and other
approvals.
Section 27. General Provisions
27.1 Entire Agreement. This Franchise contains all of the agreements of the City and
Franchisee with respect to any matter covered or mentioned in this Franchise and no prior
agreements or understandings pertaining to any such matters shall be effective for any purpose.
27.2 Modification. No provision of this Franchise may be amended or added to except by
agreement in writing signed by both of the City and Franchisee.
27.3 Assignment. In addition to the requirements of Subsection 2.1, Franchisee shall not
have the right to transfer or assign, in whole or in part, this Franchise without the prior written
consent of the City, which will not be unreasonably withheld, conditioned or delayed.
Ordinance No. 16-
Page 18 of 39
Rev 1/15
Notwithstanding the foregoing, Franchisee shall have the right, without such notice or such written
contest, to assign the Franchise, in whole or part, to any parent, subsidiary, or affiliated corporation,
or to an entity with or into which the Franchisee may merge or consolidate, or to any entity resulting
from the reorganization of the Franchisee or parent company, or to any purchaser of all or
substantially all of the assets of the Franchisee, or as part of any corporate financing, reorganization,
or refinancing, or to mortgage its rights, benefits and privileges in and under this Franchise to the
Trustee for its bondholders. Any transferee or assignee shall, within thirty (30) days of the date of
any approved transfer or assignment, file written notice of the transfer or assignment with the City
together with its written acceptance of all terms and conditions of this Franchise.
27.4 Attorney Fees. In the event the City or the Franchisee defaults on the performance of
any terms in this Franchise, and the Franchisee or the City places the enforcement of the Franchise or
any part thereof or for the collection of any monies due, or to become due hereunder, in the hands of
an attorney, or files suit upon the same, the prevailing party shall be entitled to an award of all
reasonable attorneys' fees, costs and expenses. The venue for any dispute related to this Franchise
shall be King County, Washington.
27.5 No Waiver. Failure of either party to declare any breach or default by the other party
immediately upon the occurrence thereof, or delay in taking any action in connection therewith, shall
not waive such breach or default, but such party shall have the right to declare any such breach or
default at any time. Failure of either party to declare one breach or default does not act as a waiver of
such party's right to declare another breach or default.
27.6 Governing Law. This Franchise shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington.
27.7 Authority. Each individual or entity executing this Franchise on behalf of the City and
Ordinance No. 16-
Page 19 of 39
Rev 1/15
Franchisee represents and warrants that such individual or entity is duly authorized to execute and
deliver this Franchise on behalf of the Franchisee or the City, respectively.
27.8 Notices. Any notices required to be given by the City to Franchisee or by Franchisee
to the City shall be delivered to the parties at the following addresses:
Franchisee:
New Cingular Wireless PCS, LLC
Attn: Network Real Estate Administration
575 Morosgo Drive NE
Atlanta, GA 30324
With Copy to:
New Cingular Wireless PCS, LLC
Attn: Legal Department
208 S. Akard St.
Dallas, TX 75202 -4206
City of Federal Way:
City of Federal Way
Attn: City Attorney
33325 8th Avenue South
Federal Way, WA 98003
If any notice is specific to certain Franchisee Facilities, and not generally for all of the
Facilities and Franchise Area, the notice should reference the specific Site Name(s) and Number(s)
applicable, as shown on the respective site plan attached at Exhibit A, in the notice.
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 herein. Any notice so posted in the
United States mail shall be deemed received three (3) days after the date of mailing.
27.9 Captions. The respective captions of the sections and subsections of this Franchise are
inserted for convenience of reference only and shall not be deemed to modify or otherwise affect in
any respect any of the provisions of this Franchise.
27.10 Remedies Cumulative. Any remedies provided for under the terms of this Franchise
are not intended to be exclusive but shall be cumulative with all other remedies available to the City
Ordinance No. 16-
Page 20 of 39
Rev 1/15
at law, in equity or by statute.
Section 28. Severability
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 29. Ratification
Any act consistent with the authority and prior to the effective date of this Franchise is hereby
ratified and affirmed.
Section 30. Effective Date
This Franchise shall take effect and be in full force thirty (30) days from the time of final
passage, as provided by law, provided it has been duly accepted by Franchisee as herein provided
above (see Effective Date below).
PASSED by the City Council of the City of Federal Way this day of
, 2015.
ATTEST:
CITY OF FEDERAL WAY
MAYOR, JIM FERRELL
CITY CLERK, STEPHANIE COURTNEY, CMC
Ordinance No. 16-
Page 21 of 39
Rev 1/15
APPROVED AS TO FORM:
CITY ATTORNEY, AMY JO PEARSALL
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
Ordinance No. 16-
Page 22 of 39
Rev 1/15
ACCEPTANCE:
The undersigned hereby accepts all the rights and privileges of the above granted Franchise
and acknowledges that such rights and privileges are subject to and limited by all of the terms,
conditions and obligations contained therein.
DATED this day of , 2016.
NEW CINGULAR WIRELESS PCS, LLC,
a Delaware Limited Liability Company
By: AT &T Mobility Corporation
Its: Manager
By:
Its:
Ordinance No. 16-
Page 23 of 39
Rev 1/15
EXHIBIT A
LOCATION OF FACILITIES WITHIN THE FRANCHISE AREA
See Corresponding Pages
SS40 / Aquatic Center / 650 SW Campus Drive
SS63 / Adelaide / 1216 SW Dash Point Rd
SS65 / Dumas Bay / 47th Ave SW and Dash Point Rd
SS66 / Federal Way Decatur / 31031 21St Place SW
WA677 / Steel Lake / 29859 16th Ave S
SS64 / Lakota / SW Dash Point RD and 30th Ave SW
Ordinance No. 16-
pages 24-25
pages 26 -27
pages 28 -29
pages 30 -31
pages 32 -33
pages 34 -35
Page 24 of 39
Rev 1/15
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Page 32 of 39
Rev 1/15
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Ordinance No. 16-
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Page 33 of 39
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Rev 1/15
EXHIBIT B
CITY OF FEDERAL WAY
PERFORMANCE/MAINTENANCE BOND
KNOW ALL PEOPLE BY THESE PRESENTS:
We, the undersigned , ( "Principal ")
and , the undersigned corporation
organized and existing under the laws of the State of and legally doing business
in the State of Washington as a surety ( "Surety "), are held and firmly bound unto the City of Federal
Way, a Washington municipal corporation, ( "City") in the penal sum of Dollars
and No/ 100 ($ ) for the payment of which we firmly bind ourselves and our
legal representatives, heirs, successors and assigns, jointly and severally.
This obligation is entered into pursuant to the statutes of the State of Washington and the ordinances,
regulations, standards and policies of the City, as now existing or hereafter amended or adopted.
The Principal has entered into an Agreement with the City dated , 20_, for
NOW, THEREFORE, if the Principal shall perform all the provisions of the Agreement in the
manner and within the time period prescribed by the City, or within such extensions of time as may
be granted under the Agreement, and shall pay all laborers, mechanics, subcontractors and material
men or women, and all persons who shall supply the Principal or subcontractors with provisions and
supplies for the carrying on of said work, and shall hold the City, their officials, agents, employees
and volunteers harmless from any loss or damage occasioned to any person or property by reason of
any carelessness or negligence on the part of the Principal, or any subcontractor in the performance
of said work, and shall indemnify and hold the City harmless from any damage or expense by reason
of failure of performance as specified in the Agreement, or from defects appearing or developing in
the material or workmanship provided or performed under the Agreement within a period of two (2)
years after its final acceptance thereof by the City, then and in the event this obligation shall be void;
but otherwise, it shall be and remain in full force and effect.
And the Surety, for value received, hereby further stipulates and agrees that no change, extension of
time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder
or the specifications accompanying the same shall in any way affect its obligation on this bond, and it
does hereby waive notice of any change, extension of time, alterations or additions to the terms of the
Agreement or to the Work.
The Surety hereby agrees that modifications and changes may be made in the terms and provisions of
the Agreement without notice to Surety, and any such modifications or changes increasing the total
amount to be paid the Principal shall automatically increase the obligation of the Surety on this
Performance Bond in a like amount, such increase, however, not to exceed twenty-five percent
(25 %) of the original amount of this bond without the consent of the Surety.
Ordinance No. 16-
Page 37 of 39
Rev 1/15
Within forty -five (45) days of receiving notice that the Principal has defaulted on all or part of the
terms of the Agreement, the Surety shall make a written commitment to the City that it will either:
(a) cure the default itself within a reasonable time period, or (b) tender to the City, the amount
necessary for the City to remedy the default, including legal fees incurred by the City, or (c) in the
event that Surety's evaluation of the dispute is not complete or in the event the Surety disputes the
City's claim of default, the Surety shall notify the City of its finding and its intent, if any, to
interplead. The Surety shall then fulfill its obligations under this bond, according to the option it has
elected. Should Surety elect option (a) to cure the default, the penal sum of the Bond shall be reduced
in an amount equal to the costs actually incurred by the Surety in curing the default. If the Surety
elects option (b), then upon completion of the necessary work, the City shall notify the Surety of its
actual costs. The City shall return, without interest, any overpayment made by the Surety and the
Surety shall pay to the City any actual costs which exceed the City estimate, limited to the bond
amount. Should the Surety elect option (c), the Parties shall first complete participation in mediation,
described in the below paragraph, prior to any interplead action.
In the event a dispute should arise between the Parties to this Bond with respect to the City's
declaration of default by the Principal, the Parties agree to participate in at least four hours of
mediation in accordance with the mediation procedures of United States Arbitration and Mediation
( "USA &M "). The Parties shall proportionately share in the cost of the mediation. The mediation
shall be administered by the Seattle USA &M office, 4300 Two Union Square, 601 Union Street,
Seattle, Washington 98101 -2327. The Surety shall not interplead prior to completion of the
mediation.
DATED this day of , 20_.
CORPORATE SEAL OF PRINCIPAL: [PRINCIPAL]
Ordinance No. 16-
By:
Its
(Name of Person Executing Bond)
(Title)
(Address)
(Phone)
Page 38 of 39
Rev 1/15
CERTIFICATE AS TO CORPORATE SEAL
I hereby certify that I am the (Assistant) Secretary of the Corporation named as Principal in the
within bond; that , who signed the said bond on behalf of the Principal, was
of the said Corporation; that I know his or her signature thereto is
genuine, and that said bond was duly signed, sealed, and attested for and in behalf of said
Corporation by authority of its governing body.
CORPORATE SEAL OF SURETY:
APPROVED AS TO FORM:
Amy Jo Pearsall, City Attorney
G :\ LawForms \PerformanceMaintenanceBond
Rev. 01/15
Ordinance No. 16-
Secretary or Assistant Secretary
By:
Surety
Attorney -in -Fact
(Attach Power of Attorney)
(Name of Person Executing Bond)
(Address)
(Phone)
Page 39 of 39
Rev 1/15
COUNCIL MEETING DATE: September 1, 2015 ITEM #:_
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: New Cingular Wireless Franchise Ordinance
POLICY QUESTION: Should the City grant New Cingular Wireless PCS, LLC. a Franchise Ordinance to place
wireless transmitting facilities and related appurtenances within and through the City of Federal Way?
COMMITTEE: Finance, Economic Development and Regional Affairs Committee MEETING DATE: August 25, 2015
CATEGORY:
❑ Consent
❑ City Council Business
® Ordinance
❑ Resolution
❑ Public Hearing
❑ Other
STAFF REPORT BY: John Mulkey, P.E., Street Systems Manager DEPT: Public Works
Attachments:
1. Finance, Economic Development and Regional Affairs Committee memorandum dated August 25, 2015.
2. New Cingular Wireless Franchise Ordinance
Options Considered:
1. Approve the Ordinance and forward to the September 1, 2015 City Council meeting for first reading.
2. Modify the Ordinance and forward to the September 1, 2015 City Council meeting for first reading.
3. Reject the Ordinance and provide direction to staff.
MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the September 1, 2015 City Council
Consent Agenda for appro 1.
MAYOR APPROVAL:
CHIEF OF STAFF:
' 7 / # /RECTOR APPROVAL:
e ou it • /� ('‘)1 1/16/1174)(61 v jatrzyg-
Committee Council
COMMITTEE RECOMMENDATION: The Committee recommends forwarding Option 1 to the September 2015
City Council consent agenda forappreval. Mark',
Dini Duclos, Chair
PROPOSED COUNCIL MOTION:
1ST READING OF ORDINANCE (09/01/2015): "1 move to forward the ordinance to a second reading for
enactment on the September 22, 2015 Council agenda."
2ND READING OF ORDINANCE (09/15/2015): "1 move approval of the New Cingular Wireless PCS, LLC.
Franchise ordinance."
S_ el%rl
Bob'Celski, ' ember ' Martin A. Moore, Member
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED
❑ DENIED
❑ TABLED /DEFERRED /NO ACTION
MOVED TO SECOND READING (ordinances only)
REVISED — 08/12/2010
COUNCIL BILL #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: August 25, 2015
TO: Finance, Economic Development and Regional Affairs Committee
VIA: Jim Ferrell, Mayor
Marwan Salloum, P.E., Public Works Director
FROM: John Mulkey, P.E. Interim Street System Managerr"5"- '41
SUBJECT: New Cingular Wireless PCS, LLC - Franchise Ordinance
BACKGROUND
New Cingular Wireless PCS, LLC has requested a franchise from the City of Federal Way, in
order to place wireless transmitting facilities and related appurtenances in the City owned or
controlled rights -of -way. See attached copy of the proposed franchise ordinance.
The term of this Franchise is for a period of ten (10) years commencing on the effective date of
this Franchise consistent with franchises the City has granted to other utility provider.
New Cingular Wireless PCS, LLC agrees to pay a fee or a charge in the amount of $1,000.00 to
recover the actual reasonable administrative expenses incurred by the City that are directly
related to preparing and approving this Franchise.
New Cingular Wireless PCS, LLC will maintain insurance of $5 Million combined single limit
for commercial general liability and $5 Million for automobile insurance. The franchisee may
self - insure against such risks in such amounts consistent with good utility practices.
The proposed franchise requires New Cingular Wireless PCS, LLC to post a bond for $100,000.
Additional bonding may be required as a condition of the right of way permit before
commencing any work within the City to guarantee performance of construction, maintenance or
repair in accordance with any permits required by this Franchise.
cc: Project File
Day File
COUNCIL MEETING DATE: February 16, 2016
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CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: ORDINANCE: LAKEHAVEN UTILITY DISTRICT FRANCHISE AGREEMENT
POLICY QUESTION: Should Council pass the proposed ordinance granting Lakehaven Utility District a 10 year
franchise to construct and maintain facilities within the City's rights -of -way?
COMMITTEE: N/A
MEETING DATE: N/A
CATEGORY:
❑ Consent
❑ City Council Business
® Ordinance ❑ Public Hearing
❑ Resolution ❑ Other
STAFF REPORT BY: Amy Jo Pearsall, City Attorney
.. .. .. . . . . . City . . . . . . .
Attachments: (1) Staff Report.
(2) Proposed Franchise Ordinance.
Options Considered: (1) Pass the Ordinance as drafted and grant Lakehaven a 10 year franchise.
(2) Decline to pass the Ordinance and provide guidance to staff.
DEPT: Law
MAYOR'S RECOMMENDATION: Option 1
MAYOR APPROVAL:
CHIEF OF STAFF:
Coa�fiiftee
Initial 1 e Initial
• 4
/ ee
tial •ate
DIRECTOR APPROVAL:
2 -3-
Initial/Date
COMMITTEE RECOMMENDATION: N/A
Committee Chair
Committee Member Committee Member
PROPOSED COUNCIL MOTION(S):
1ST READING OF ORDINANCE (FEBRUARY 16): "I move to forward the proposed ordinance to the March 1,
2016 Council Meeting for Second Reading and enactment."
2ND READING OF ORDINANCE (MARCH 1): "I move approval of the proposed ordinance."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED
❑ DENIED
❑ TABLED/DEFERRED/NO ACTION
❑ MOVED TO SECOND READING (ordinances only)
REVISED — 08/12/2010
COUNCIL BILL #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
CITY OF
Federal Way
STAFF REPORT
DATE: MARCH 1,2016
TO: CITY COUNCIL MEMBERS
VIA: JIM FERRELL,MAYOR
BRIAN WILSON,CHIEF OF STAFF
FROM: AMY JO PEARSALL,CITY ATTORNEY
MARK ORTHMANN,ASSISTANT CITY ATTORNEY
SUBJECT: UPDATED LAKHAVEN UTILITY DISTRICT FRANCHISE ORDINANCE
BACKGROUND
After presenting the Lakehaven Utility District Franchise to Council for First Reading on
February 16th, staff from Lakehaven and the City worked together to adjust the process by which
fees are paid by each party. The revisions highlighted below affect only Sections 5 and 17, do
not impact the substantive provisions of the Franchise, and simply adjust the timing of the
payments for greater efficiency and clarity. A clean copy of the revised ordinance is attached to
this staff report.
REVISIONS
Section 5. Hydrant(Fire Suppression System) costs.
The parties agree that during the term of the Franchise, Franchisee shall be responsible to
operate and maintain all portions of the water system, including the fire hydrants (fire
suppression system) and those components of the water system that provide fire suppression
benefits within City boundaries. The City shall, during the term of this Franchise, pay Franchisee
for the cost of maintaining the fire hydrants and those portions of the system that provide fire
suppression benefits within City boundaries ("fire hydrants"). Franchisee shall, during the term
of this Franchise, indemnify and hold the City harmless from any costs associated with the
maintenance of the water system, except the cost of maintaining the fire hydrants (fire
suppression system). The amount of the charge for the cost of maintaining the fire hydrants (fire
suppression system) shall be as established by Franchisee resolution. The parties agree that
Franchisee shall begin harping and billing the City for the fire hydrant (fire suppression system)
costs after June 30, 2016. The fire hydrant (fire suppression system) costs and-shall be billed to
the City on a quarterly basis. Payment shall be due within forty-five (45) days from the invoice
date.
Section 17. Franchise Fee and Utility Tax
* * *
17.2 In consideration of the rights granted to Franchisee by this agreement, Franchisee
agrees:
(a) To collect and distribute to the City a Franchise fee equal to 3.6 percent of Revenue
generated within the City as defined in this agreement for 2016-19, 3.8 percent for 2020-23, and
4.0 percent for 2024-26. The parties agree that Franchisee shall begin charging the Franchise fee
with billings issued after June 30, 2016. The Franchise fee shall be paid on a monthly basis,with
the first •a ment due Jul 15th and subse•uent •a m-nts due the 15th da of ea h month
thereafter throu•hout the Franchise term. The amount of the monthl •a me t will e•ual the
total Franchise fee owed durin' the •rior ear divid-d b twelve 2016 •a ments shall initiall
be based on 2015 revenues). It is . .reed that b the thirtieth da following the end of the year,
Franchisee shall calculate the actual Franchise Fee owing durinathe prior year and the amount of
. unde .a ment shall be submitte• to the Cit with the second .a ment of the ear or th-
amount of an ove •a ment shall be returnee to the Franchisee within fort five 45 da s of the
date the amount is invoiced to the Cit . No interest shall accrue on an ove .. ment or•
underpayment owed pursuant to this section. - •, -' _ - - - •• - --
* * *
17.3 In consideration for the Franchise fee collected and distributed to the City by Franchisee,
the City agrees:
* * *
(c) To bear the cost of the Puget Sound Energy streetlights located in the right-of-
way within City boundaries currently paid for by Franchisee and billed to Franchisee's
customers after June 30, 2016.
ORDINANCE NO. 16-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY,WASHINGTON,GRANTING LAKEHAVEN UTILITY DISTRICT,A
MUNICIPAL CORPORATION, A NONEXCLUSIVE FRANCHISE TO
OCCUPY THE RIGHTS-OF-WAY OF THE CITY OF FEDERAL WAY,
WASHINGTON, THROUGH THE FRANCHISE AREA FOR THE
PURPOSES OF CONSTRUCTING, MAINTAINING, REPAIRING,
RENEWING, AND OPERATING A WATER AND SEWER SYSTEM
WITHIN AND THROUGH THE CITY OF FEDERAL WAY AND
ADDRESSING HYDRANT COSTS WITHIN CITY BOUNDARIES.
WHEREAS,Lakehaven Utility District and the City of Federal Way have determined that it
is in the best interests of the public and both parties that Lakehaven Utility District be granted a
franchise from the City of Federal Way, in order to specify the rights and duties of Lakehaven to
install,operate and maintain a water and sewer system including all related appurtenances located in
certain rights-of-way as depicted in Exhibit A; 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,poles, conduits,
tunnels,towers and structures,pipes and wires and appurtenances thereof for water,sewer,and other
private and publicly owned and operated facilities for public service; 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; and
WHEREAS,the parties acknowledge the Washington State Supreme Court's ruling in Lane
v. Seattle that the cost of hydrants is a general government responsibility; and
WHEREAS,Franchisee recognizes a benefit to its rate payers in not having the City attempt
to assume its jurisdiction under the provisions of RCW Chapter 35.13A,
Ordinance No 16- Page 1 of 30
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Definitions
Where used in this Franchise the following terms shall be defined as follows:
1.1 "City"means the City of Federal Way, Washington, a municipal corporation of the
State of Washington, and its respective successors and assigns.
1.2 "Council"means the City of Federal Way Council acting in its official capacity.
1.3 "Director"means the Public Works Director,or designee,of the City of Federal Way
Public Works Department.
1.4 "Facilities"means all structures,antennas,equipment,pipes,mains,hydrants,valves,
meters, service lines in the right-of-way manholes, clean outs, and all other related appurtenances
owned or used by Franchisee and necessary for the distribution of water and collection of
wastewater.The Parties acknowledge that the Franchisee deems sewer service lines to be owned by
the property owner served by the service line.
1.5 "FWRC"means the Federal Way Revised Code.
1.6 "Franchise Area"means rights-of-way for public roads,streets,avenues,alleys,and
highways of the City as set forth in Exhibit A.Exhibit A may be updated by the City upon the City's
acquisition or vacation of rights of way and upon any annexation of area that is within the
Franchisee's service area.
1.7 "Franchisee"means Lakehaven Utility District,a municipal corporation,and public
utility, and its respective successors and assigns.
Ordinance No 16- Page 2 of 30
1.8 "Revenue" means the value proceeding or accruing from the performance of
Franchisee's water and sewer business, which for the purposes of calculating the Franchise fee
contemplated in Section 17,shall include only those proprietary water and sewer rates collected from
Franchisee's retail customers with billing addresses that are within the corporate boundaries of the
City. For the purposes of this definition, "revenue" shall not include the following: wholesale or
contract water sales;maintenance charges for sewer systems not owned by Franchisee;hydrant meter
water sales;penalties; late fees; meter shut-off or turn-on charges; impact fees;delinquent account
charges; lien charges;telecommunications site lease payments;permit fees; surcharges; interest on
fund balances;revenues from hydrant maintenance(fire suppression);connection charges;water or
sewer system capacity rent; assessments; grants; contributed assets (contributions in aid of
construction);loans;developer charges; income from legal settlements not related to retail water or
sewer service;income from real property or equipment/vehicle sales;fees charged for Franchisee's
services as expressed in Franchisee's Fees and Charges Resolution; street light revenues; labor,
equipment, and material charges; or any other revenues that are not derived from the rates charged
for the direct provision of water and sewer service to retail customers with billing addresses that are
within the corporate boundaries of the City.
Section 2. Grant/Acceptance
2.1 Grant of Franchise.The City does hereby grant to Franchisee,subject to the terms of
this Franchise,the right,privilege, authority and franchise to:
(a) Lay, construct, extend,repair,renew, and replace Facilities in the Franchise
Area; and
Ordinance No 16- Page 3 of 30
(b) To charge and collect tolls, rates, and compensation for such utility service
and such uses.
2.2 Acceptance by Franchisee. Franchisee shall have no rights under this Franchise,nor
shall Franchisee be bound by the terms and conditions of this Franchise, unless Franchisee shall,
within sixty (60) days after the date the City Council passes this Franchise, file with the City its
written acceptance of this Franchise and all of its terms and conditions.
Section 3. Conditions of Use
3.1 Non-Franchise Area City Property.This Franchise does not and shall not convey any
use City-owned or
right to Franchisee to install its Facilities on,under,over,across,or to otherwise ty
g � >
leased properties of any kind outside the Franchise Area, or to install Facilities on, under, over,
across or otherwise use any City owned or leased property within the Franchise Area other than
public roads,streets,avenues,alleys,and highways of the City.The Franchisee shall place Facilities
within the Franchise Area,but not on any other public property owned,in whole or in part,leased,or
otherwise occupied by the City unless an easement is granted.
3.2 Termination of Easements.Franchisee agrees to voluntarily relinquish its easements
on private property that has become City property pursuant to public projects when notified by the
City. In exchange for the voluntary relinquishment of easements on private property that become
public right-of-way,the City and Franchisee agree to the following:
A. For the Project. The City agrees to pay Franchisee's necessary relocation or
adjustment costs of its water and/or sewer facilities on private property if required as part of project
construction when the property will become City property.
Ordinance No 16- Page 4 of 30
B. Five Years after Completion of the Project. The City agrees to pay Franchisee's
necessary relocation costs of its water and/or sewer facilities for five years after completion of the
project in the event a City public project requires the relocation.Completion of the project means the
action taken by the City Council during the regular City Council meeting to accept the project as
complete.
3.3 Operation costs. To the extent permitted by law and as otherwise expressed in this
agreement, Franchisee shall be solely responsible for the operation, maintenance, repair, and
construction of its Facilities.
3.4 Facilities Abandonment. Franchisee will notify the City when a Facility has been
deemed obsolete and its use discontinued. The Facility shall be removed by Franchisee, at its
expense,within one hundred(180)days of the date the Facility's use is discontinued.The City may
deem a Franchisee's facility obsolete if the Facility ceases to be operational for more than ninety(90)
days and the Franchisee has not initiated repair or removal. If Franchisee fails to begin repair or
remove the Facility,the City or its agent may cause the Facility to be removed pursuant to Section 14
of the Franchise;however,with the express written consent of the City,Franchisee may leave such
Facilities in place. The City's consent shall not relieve Franchisee of the obligation and/or costs to
subsequently remove or relocate such Facilities at the City's request,in which case Franchisee shall
perform such work at no cost to the City in accordance with Section 15. The provisions of this
Section shall survive the expiration,revocation or termination of this Franchise.
Section 4. Term.
Subject to Franchisee filing its acceptance pursuant to Subsection 2.2, the term of this
Franchise shall be for a period of ten(10)years commencing on the effective date of this Franchise,
Ordinance No 16- Page 5 of 30
unless terminated earlier pursuant to the terms of this Franchise or other applicable law. This
Franchise may be extended by mutual written agreement of the parties for two(2)extensions of five
(5)years.
Section 5. Hydrant(Fire Suppression System) costs.
The parties agree that during the term of the Franchise, Franchisee shall be responsible to
operate and maintain all portions of the water system, including the fire hydrants (fire suppression
system)and those components of the water system that provide fire suppression benefits within City
boundaries. The City shall, during the term of this Franchise, pay Franchisee for the cost of
maintaining the fire hydrants and those portions of the system that provide fire suppression benefits
within City boundaries ("fire hydrants"). Franchisee shall, during the term of this Franchise,
indemnify and hold the City harmless from any costs associated with the maintenance of the water
system,except the cost of maintaining the fire hydrants(fire suppression system).The amount of the
charge for the cost of maintaining the fire hydrants(fire suppression system)shall be as established
by Franchisee resolution.The parties agree that Franchisee shall begin charging and billing the City
for the fire hydrant (fire suppression system) costs after June 30, 2016. The fire hydrant (fire
suppression system)costs shall be billed to the City on a quarterly basis.Payment shall be due within
forty-five (45) days from the invoice date.
Section 6. Location of Facilities
6.1 Location.The location of existing Facilities,their depths below the surface of ground
or grade of a right-of-way(if available),shall be submitted to the City in the form of a map showing
the approximate location of Franchisee's existing water and sewer systems within the Franchise
Area. Upon written request of the City, Franchisee shall update such map to reflect actual or
Ordinance No 16- Page 6 of 30
anticipated improvements to the Franchisee's water and sewer systems within the Franchise Area.
Any such map (or update thereof) so submitted shall be for City informational purposes only and
shall not obligate Franchisee to undertake any specific improvements, nor shall such map be
construed as a proposal to undertake any specific improvements.
6.2 GIS Data. The Franchisee shall provide, at such time as Franchisee develops and
employs Geographic Information System("GIS")technology for its water and sewer system maps
and records throughout its service area,information required in section 6.1 in digital GIS format for
its Facilities within the Franchise Area.
6.3 Design Markings.In the event the City desires to design new streets or intersections,
renovate existing streets, or make any other public improvements, Franchisee shall at the City's
reasonable request,provide the location of Franchisee's underground Facilities within the Franchise
Area by either field markings or by locating the Facilities on the City's design drawings, and shall
provide all other reasonable cooperation and assistance to the City.
6.4 No Warranty or Waiver.Nothing herein is intended to expand,or relieve the parties
of, their respective obligations arising under Chapter 19.122 RCW or other applicable law with
respect to determining the location of utility facilities prior to construction. Further, neither the
provisions of this Franchise nor the absence of any specific provision in this Franchise is intended to
limit,detract from or render ineffective any disclaimer(including,without limitation,any disclaimer
as to accuracy or completeness)placed by Franchisee on any map furnished to the City pursuant to
Sections 6.1 and 6.2 of this Franchise.
Ordinance No 16- Page 7 of 30
Section 7. Noninterference of Facilities
Franchisee agrees to maintain its Facilities and perform all work within the Franchise Area:
(1)so as not to unreasonably interfere with the free passage of traffic,(2)in accordance with the laws
of the State of Washington and City ordinances, regulations, resolutions, and rules, and (3) as
required by the Director.
Section 8. Requirement to Obtain Permits
8.1 Permits. Franchisee shall,at its expense,obtain all permits(including rights-of-way
permits)and pay all fees required by applicable City ordinances,regulations,resolutions,and rules
prior to commencing any work within the Franchise Area,excluding blanket permits for water and
sewer routine maintenance work.Permit applications shall: (1)show the position and location of the
Facilities to be constructed,laid,installed,or erected at that time;(2)show their relative position to
existing rights-of-way or property lines upon prints drawn to scale,unless otherwise approved by the
Director;(3)designate rights-of-way by their names and;(4)show improvements as required by the
Director,such as,but not limited to,sidewalks,curbs,gutters,shoulders of roadway,ditches,paved
roadways, roadways to property lines, turnouts, parking strips, telephone or electric distribution
poles, and pipes existing on the ground to be occupied. The Franchisee shall specify the class and
type of materials to be used, equipment to be used, and mode of safeguarding and facilitating the
public traffic during construction.The manner of excavation,construction,installation,backfill,and
temporary structures such as,but not limited to,traffic turnouts and road obstructions shall meet the
standards of the FWRC and be satisfactory to the Director.All traffic control shall be in accordance
with the right-of-way permit,and shall be in accordance with the Manual on Uniform Traffic Control
Devices("MUTCD"). The Franchisee shall indicate on the right-of-way use permit application the
Ordinance No 16- Page 8 of 30
time needed to complete the work. The time needed to complete the work is subject to approval by
the City as a condition of the issuance of the right-of-way permit.
8.2 Exception to Permit Requirement.In the event of an emergency in which Franchisee's
Facilities within the Franchise Area are in a condition as to immediately endanger the safety or health
of life, property or the environment, Franchisee may take action immediately to correct the
dangerous condition without first obtaining any required permit so long as: (1)Franchisee informs
the City of the nature and extent of the emergency and the work to be performed prior to or at the
commencement of the work, if reasonably possible, or immediately following cessation of the
emergency; and(2) such permit is obtained by Franchisee as soon as practicable thereafter.
8.3 Routine Maintenance.Franchisee shall have the right to conduct routine maintenance
to repair, modify, supplement, replace or upgrade the Franchisee's Facilities, provided that the
Franchisee shall obtain any necessary right-of-way use peunit and any other permits or
authorizations required by all applicable federal,state,and local laws,rules,and regulations prior to
the performance of any said routine maintenance. The following non-emergency related activities
such as water main flushing, valve exercising, sanitary sewer line cleaning/inspection, and other
activities as approved shall be allowed to occur under an annual maintenance blanket permit.
8.4 Notice of Entry.At least forty-eight(48)hours prior to entering right-of-way adjacent
to private property to perform the installation, maintenance, repair, reconstruction, or removal of
facilities, except those emergency activities exempted from permit requirements, a written notice
describing the nature and location of the work to be performed shall be communicated to the private
property occupant to be impacted by Franchisee's work.Examples of acceptable notice include but
are not limited to a pre-printed door hanger, mailed letter, and/or sandwich boards.
Ordinance No 16- Page 9 of 30
Section 9. Standard of Performance
The Franchisee shall not excavate for a distance of more than one hundred feet(100')without
immediately backfilling and compacting to surface grade and permit requirements.Backfilled trench
areas within a driving lane must be patched,either temporarily or permanently,or plated,before the
end of the workday in which they have been opened. Trench areas within the right-of-way,but not
within a driving lane,must also be plated,patched backfilled,and/or patched within the time limits
specified by the City on the right-of-way use
permit. Final surface restoration shall be completed
within thirty (30) days and shall be equal to or better than the surface condition prior to permit
issuance.
Any asphalt overlay completed within the Franchise Area during a five (5) year period
immediately prior to the date of permit application shall not be open cut by Franchisee unless
required by an emergency or as approved by the Director.In the event of this emergency cut in new
pavement,Franchisee shall install new asphalt overlay on the street that is open cut,for a minimum
of 250 feet in both directions from the open cut,or pay a mitigation fee,or as determined otherwise
by the Director.
Franchisee shall,in carrying out any authorized activities within the Franchise Area,comply
with all applicable laws, ordinances, codes, and standards, as now existing or hereafter adopted or
amended, and shall comply with the terms of this Franchise,whether the work is performed by the
Franchisee, its agents, employees, subcontractors, or other third parties at Franchisee's direction.
Upon completion of any installation of Franchisee's Facilities within the Franchise Area,Franchisee
shall submit to the Director plans, stamped by a Professional Engineer licensed by the State of
Washington (if required in the permit), showing the "as-built" location of the Facilities. Nothing
Ordinance No 16- Page 10 of 30
herein is intended to relieve the parties of their respective obligations arising under applicable law
with respect to determining the location of utility facilities.
Section 10. Survey Markers and Monuments
Franchisee shall,using a licensed surveyor,immediately replace all markers or monuments
disturbed during any work by Franchisee within the Franchise Area. Franchisee shall pay all costs
associated with such lost,destroyed or disturbed monuments or markers.
Section 11. Surface Markings/Stakes
Prior to Franchisee commencing any excavation work within the Franchise Area that disturbs
any monument or marker,Franchisee shall,using a licensed surveyor,reference all monuments and
markers relating to subdivisions, plats, highway, and other surveys. The reference points shall be
located so that they shall not be disturbed during the Franchisee's operations under this Franchise.
The method referencing these monuments or other points shall be approved by the City before
placement.The construction shall be made as expeditiously as conditions permit,and as directed by
the City. The cost of monuments or other markers lost, destroyed, or disturbed, and the expense of
replacement of the monuments, shall be borne solely by the Franchisee.A complete set of reference
notes for monuments,markers,and other ties shall be filed with the City.In the event of any conflict
or inconsistency Chapter this Section 11 and Cha ter 19.122 RCW, as now existing or hereafter
amended, Chapter 19.122 RCW will control.
Section 12. Notification to Fire District
Except in emergencies,if it is necessary to shut down or diminish the water pressure so that
fire hydrants may be adversely affected,the Franchisee shall notify the appropriate fire district by
telephone followed by faxed transmittal or written notification, that water pressure or fire flow
Ordinance No 16- Page 11 of 30
conditions have been affected.In case of an emergency,Franchisee shall contact the appropriate fire
district as soon as circumstances allow. In case of a planned shutdown or diminished water flow,at
least forty-eight (48) hour prior notification to the fire district is required.,If more than one fire
hydrant is affected,Franchisee must provide a map of the affected area to the fire district.
Section 13. Right of City to Undertake Maintenance Work
The laying, construction, maintenance, and operation of Franchisee's system of water and
sewer pipes, and appurtenances granted under this Franchise shall not preclude the City, its
accredited agents or its contractors from doing necessary maintenance work contiguous to the
Facilities, provided that the Franchisee shall have sufficient notice of blasting, regrading, or
excavating in order that Franchisee may protect its lines or pipe or property.
Section 14. Right of City to Complete Work
In the event Franchisee fails to comply with any applicable federal, state, or City laws,
ordinances, rules, regulations, or standards or with any of the terms of this Franchise, and such
noncompliance continues for a period of fourteen(14)days after Franchisee receives written notice
from the City regarding the noncompliance,the City may, but in no event is the City obligated to,
order any work completed,including without limitation Franchisee's obligation to repair pursuant to
Section 16 herein and Franchisee's obligation to remove facilities pursuant to Section 15 herein. If
the City causes such work to be done by its own employees or by any person or entity other than
Franchisee, the City will notify the state Department of Health or Department of Ecology, as
appropriate,prior to such work. The Franchisee shall,upon the City's written request,immediately
reimburse the City for all reasonable costs and expenses incurred by the City in having such work
performed,which costs may include the City's reasonable overhead expenses and attorneys' fees.
Ordinance No 16- Page 12 of 30
Section 15. Required Relocation of Facilities
15.1 City Reservation of Rights.The City reserves the right to use,occupy and enjoy the
Franchise Area for any purpose that is not inconsistent with the terms and conditions of this
Franchise. The Rights reserved herein include, without limitation, the construction of any City
owned electrical, water, sewer or storm drainage line, installation of traffic signals, street lights,
trees,landscaping,bicycle paths and lanes, equestrian trails, sidewalks,other pedestrian amenities,
and other public street improvement projects.This Franchise is not an exclusive franchise.Without
limiting Franchisee's rights under this Franchise,this Franchise shall not in any manner prohibit the
City from granting other and further franchises in,under,over,upon,and along the Franchise Area.
15.2 City's Duties. In the event the City undertakes any work, including necessary
maintenance within a right-of-way in which Franchisee's Facilities are located, and such work
necessitates the relocation of Franchisee's then existing Facilities within the Franchise Area,the City
shall:
(a) Provide written notice to Franchisee requesting such relocation within a
reasonable time prior to the commencement of such City work;
(b) Pursuant to RCW 35.21.905, consult with Franchisee on projects that will
require relocation to facilitate coordination of design;
(c) Provide Franchisee with copies of pertinent portions of the City's plans and
specifications for such City work so that Franchisee may relocate its Facilities to
accommodate such City work; and
(d) Coordinate to minimize conflicts between existing Facilities and Franchise
Area improvements where possible.
Ordinance No 16- Page 13 of 30
15.3 Franchisee's Duties. After receipt of the City notice requesting the relocation of the
Facilities pursuant to Subsection 15.2(a) and receipt of the plans and specifications pursuant to
Subsection 15.2(b),Franchisee shall,within such reasonable time as approved by the Director,raise,
lower, or move such Facilities within the Franchise Area at its sole cost and expense so as to
conform to such new grades as may be established, and place the pipe in a location or position
causing the least interference with the improvement,repair, or alteration contemplated by the City.
15.4 Exclusivity.Except as provided in Section 3.2 above,this Section 15 shall govern all
relocations of Franchisee's Facilities required in accordance with this Franchise. Nothing in this
Section 15 shall require Franchisee to bear any cost or expense in connection with the location or
relocation of any Facilities existing under benefit of easement on property owned by a person or
entity other than the City.
Section 16. Damage Repair
In case of damage by the Franchisee or by the Facilities of the Franchisee to rights-of-way,or
to public and private improvements to rights-of-way,the Franchisee agrees to repair the damage at its
own cost and expense.The Franchisee shall,upon discovery of such damage,immediately notify the
City. The City will inspect the damage, and set a time limit for completion of the repair. If the City
discovers damage caused by the Franchisee to rights-of-way,or to public and private improvements
to rights-of-way,the City shall give the Franchisee notice of the damage and set a time limit so the
Franchisee may repair the damage. In the event the Franchisee does not repair a right-of-way or an
improvement to a right-of-way as required in this section,the City may repair the damage pursuant to
Section 14 of this Agreement. The parties agree that they shall cooperate to investigate the cause of
any damage to the right-of-way. The City shall hold Franchisee responsible for damage that is
Ordinance No 16- Page 14 of 30
determined, to a reasonable degree of certainty, to have resulted from issues with Franchisee's
Facilities or the actions of Franchisee.
Section 17. Franchise Fee and Utility Tax
17.1 The City levies a Franchise fee pursuant to this Franchise agreement to ensure that the
City's transportation,landscape,drainage,and storm water system infrastructure is maintained and
preserved during the ongoing operation of utility work in the City. Utility work within the City's
right-of-way causes a deterioration of the right-of-way and requires the City to perform annual
maintenance and longer-term capital improvements to maintain and preserve the City's right-of-way
infrastructure. Administration of this Franchise, and annual maintenance and preservation work
includes the work and cost for City employees,materials,engineering,inspection,administration of
the Franchise agreement,planning, electronic mapping, pavement management, and other outside
services for shoulder maintenance,street drain maintenance,roadside maintenance,street overlays,
sweeping and mowing, and street and drainage capital projects.. If the City adopts a utility tax
applicable to Franchisee, and Franchisee makes the payments to the City contemplated by such a
utility tax,then the Franchise fee will be cancelled effective the beginning date for the utility tax.
17.2 In consideration of the rights granted to Franchisee by this agreement, Franchisee
agrees:
(a) To collect and distribute to the City a Franchise fee equal to 3.6 percent of
Revenue generated within the City as defined in this agreement for 2016-19,3.8 percent for
2020-23,and 4.0 percent for 2024-26.The parties agree that Franchisee shall begin charging
the Franchise fee with billings issued after June 30,2016. The Franchise fee shall be paid on
a monthly basis,with the first payment due July 15th and subsequent payments due the 15th
Ordinance No 16- Page 15 of 30
day of each month thereafter throughout the Franchise term. The amount of the monthly
payment will equal the total Franchise fee owed during the prior year divided by twelve
(2016 payments shall initially be based on 2015 revenues). It is agreed that by the thirtieth
day following the end of the year,Franchisee shall calculate the actual Franchise Fee owing
during the prior year and the amount of any underpayment shall be submitted to the City with
the second payment of the year, or the amount of any overpayment shall be returned to the
Franchisee within forty five (45) days of the date the amount is invoiced to the City. No
interest shall accrue on any overpayment or underpayment owed pursuant to this section.
(b) Should Franchisee be prevented by judicial or legislative action from
collecting a Franchise fee on all or part of Franchisee's Revenue,Franchisee shall be excused
from the collection and distribution of that portion of the Franchise fee.
(c) Should a court of competent jurisdiction declare,or a change in law make the
Franchise fee invalid, in whole or in part, then Franchisee's obligation to collect and
distribute the Franchise fee contemplated under this section shall be terminated in accordance
with and to the degree required to comply with such court or legislative action.
(d) Franchisee agrees that it will not pursue any legal challenge to the Franchise
fee established under this Franchise.
(e) Upon the City's request,Franchisee shall make available Franchisee's books
and records pertaining to all revenue derived by the Franchisee by virtue of the Franchise for
City review,to verify the accuracy of payments.The City shall maintain the confidentiality of
such information to the extent permitted by law.
17.3 In consideration for the Franchise fee collected and distributed to the City by
Ordinance No 16- Page 16 of 30
Franchisee,the City agrees:
(a) To pay Franchisee for the cost of maintaining the fire hydrants (fire
suppression system)within City boundaries as discussed in Section 5 of this Franchise.
(b) To forego,during the term of the Franchise,the initiation of any proceedings
under Chapter 35.13A RCW to assume the water and/or sewer service jurisdiction of
Franchisee. Should a court of competent jurisdiction declare, or a change in law make the
Franchise fee invalid,in whole or in part,then the assumption forbearance shall be cancelled
and this Subsection 17.3(b) shall be stricken from the agreement.
(c) To bear the cost of the Puget Sound Energy streetlights located in the right-of-
way within City boundaries currently paid for by Franchisee and billed to Franchisee's
customers after June 30, 2016.
(d) If a lawsuit is filed challenging the Franchise fee,the City agrees to defend
and hold Franchisee harmless from the cost/liability of such a lawsuit.
17.4 If the Franchise fee is declared invalid,in whole or in part,the parties agree to meet to
discuss alternatives and amendments to this Franchise to retain the essential purposes of this section.
Section 18. General Maintenance of Facilities
Franchisee will maintain Facilities located within the Franchise Area in good operating
condition and repair in a manner consistent with applicable law and prudent utility practice,and will
comply with the following procedures:
(a) Franchisee will provide the City, on an annual basis upon the City's written
request,a proposed schedule of its routine Facility replacement or repair activities within the
Franchise Area.
Ordinance No 16- Page 17 of 30
(b) Franchisee will meet,at least annually upon the City's written request,with a
City representative to discuss the City's concerns regarding the timing, scope, nature, or
method of such repair or replacement activities within the Franchise Area.
Section 19. Emergency Operations
Prior to the beginning of each winter storm season,Franchisee will,at the request of the City,
attend an annual coordination meeting with the City to discuss Franchisee's Emergency Response
Plan.At the request of the City,a copy of those portions of Franchisee's Emergency Response Plan
that Franchisee makes generally publicly available will be provided to the City at the coordination
meeting, along with appropriate telephone number and pager numbers during each emergency.
Section 20. Default
20.1 Notice of Default.If Franchisee shall fail to comply with any of the provisions of this
Franchise, the City may serve a written notice to Franchisee ordering such compliance and
Franchisee shall have sixty(60) days from the receipt of such notice in which to comply.
20.2 Revocation of Franchise.If Franchisee is not in compliance with this Franchise after
the expiration of the sixty (60) day period, the City may, by ordinance, declare an immediate
forfeiture of this Franchise; provided, however, if any failure to comply with this Franchise by
Franchisee cannot reasonably be corrected with due diligence within such sixty (60) day period
(Franchisee's obligation to comply and to proceed with due diligence being subject to unavoidable
delays and events beyond its control),then the time within which Franchisee may so comply shall be
extended,upon notice to the Director,for such time as may be reasonably necessary and so long as
Franchisee commences promptly and diligently to effect such compliance.In the event of the City's
Ordinance No 16- Page 18 of 30
cancellation of this Franchise, all rights and obligations associated therewith, including the
Franchisee's obligation to pay a Franchise fee, shall be terminated.
Section 21. Limited Rights
This Franchise is intended to convey only a limited right and interest to Franchisee in the
Franchise Area.This Franchise is not a warranty of title or conveyance of any ownership interest in
or to the Franchise Area to Franchisee.
Section 22. Eminent Domain
The existence of this Franchise shall not preclude the City from acquiring by condemnation,
in accordance with applicable law, all or a portion of Franchisee's Facilities within the Franchise
Area for the fair market value thereof. In determining the value of such Facilities,no value shall be
attributed to the right to occupy the Franchise Area conferred by this Franchise.
Section 23. Vacation
If at any time the City,by ordinance,vacates all or any portion of public streets,roads and/or
rights-of-way within the Franchise Area,the City will not be liable for any damages or loss to the
Franchisee by reason of such vacation. The City agrees to exert reasonable good faith efforts to
reserve an easement for Franchisee's existing or proposed Facilities when a street,public way, or
area is vacated. The City may, after thirty (30) days' written notice to Franchisee, terminate this
Franchise with respect to any such vacated area.
Section 24. Compliance with Laws
Franchisee shall comply with all applicable federal, state, and City laws, ordinances,
resolutions,regulations,standards and procedures,as now existing or hereafter amended or adopted,
including without limitation the State Environmental Protection Act;the Federal Occupational Safety
Ordinance No 16- Page 19 of 30
and Health Act of 1970("OSHA"),and the Washington Safety.and Health Act of 1973("WISHA")
provided,however,that if any term or condition of this Franchise and any term or condition of any
City law, code, ordinance, resolution, regulation, standard, procedure, permit, or approval are in
conflict, the term or condition of this Franchise will control.
Section 25. Guarantee
Franchisee shall guarantee work completed by the Franchisee after the date of this franchise
for a period of twenty(20)years from completion against settlement or conditions requiring repair.
Section 26. Charge for Administrative Costs
Nothing herein shall preclude the City from recovering any administrative costs incurred by
the City in the approval of permits or in the supervision, inspection or examination of all work by
Franchisee in the Franchise Area as prescribed in accordance with applicable provisions of the City's
code.
Section 27. Indemnification
Franchisee agrees to indemnify and hold harmless and defend the City, its elected officials,
officers, employees, agents, and volunteers from any and all claims, demands, losses, actions and
liabilities(including costs and all attorneys' fees)to or by any and all persons or entities, including,
without limitation,their respective agents,licensees,or representatives,arising from,resulting from,
or connected with this Franchise to the extent caused in part or in whole by the acts, errors or
omissions of the Franchisee, its officers, partners, shareholders, agents, employees, or by the
Franchisee's breach of this Franchise.This Section shall not be construed to require Franchisee to
indemnify,hold harmless or defend the City against claims or damages arising from the negligence
of the City, its agents, or employees. In the event any claim, demand, suit or action is commenced
Ordinance No 16- Page 20 of 30
against the City that constitutes an obligation of Franchisee pursuant to this Section 27,the City shall
promptly notify Franchisee thereof, and Franchisee shall defend any such claim, demand, suit or
action. Franchisee shall not settle or compromise any such suit or action except with prior written
consent of the City, which shall not be unreasonably withheld. The City shall have the right at all
times to participate through its own attorney in any suit or action which arises pursuant to this
Franchise when the City determines that such participation is required to protect the interest of the
City or the public. In the event it is determined that RCW 4.24.115 applies to this Franchise,
Franchisee agrees to defend,hold harmless and indemnify the City to the maximum extent permitted
thereunder,to the full extent of Franchisee's negligence.
Section 28. Insurance
28.1 Minimum Limits. The Franchisee agrees to carry as a minimum, the following
insurance, in such forms and with such carriers as are satisfactory to the City.
(a) Workers compensation and employer's liability insurance in amounts
sufficient pursuant to the laws of the State of Washington;
(b) Commercial general liability insurance with limits of liability not less than
$5,000,000 each occurrence and$5,000,000 aggregate for bodily injury,including personal
injury or death, products liability, contractual coverage, operations, explosion, collapse,
underground and property damage; and
(c) Automobile Liability insurance with limits of liability not less than
$5,000,000 each accident for bodily injury, or death and property damage.
28.2 Mandatory Insurance Provisions. The commercial general liability insurance and
automobile liability insurance policies shall be endorsed to contain the following provisions:
Ordinance No 16- Page 21 of 30
(a) The City, its officers, elected officials, employees, and volunteers are to be
named as additional insured;
(b) Coverage shall apply separately to each insured against whom claim is made
or suit is brought, except with respect to the limits of the insurer's liability;
(c) Coverage shall not be suspended,canceled,modified or reduced except after
thirty (30) days' prior written notice to the City delivered by certified mail, return receipt
requested; and
(d) Coverage shall be primary as to the City,its officers,officials,employees,and
volunteers.Any insurance or self-insurance by the City,its officers,officials,employees,or
volunteers shall be in excess of Franchisee's required insurance.
28.3 Verification of Coverage. Franchisee shall furnish the City with certificates of
insurance and original endorsements evidencing the coverages- required by this Section. The
certificates and endorsements shall be signed by a person authorized by the insurer to bind coverage
on its behalf and must be received and approved by the City annually. At the City's request,
Franchisee shall deliver certified copies of all required insurance policies.
28.4 Self-Insurance. In satisfying the insurance requirements set forth in this Section,
Franchisee may self-insure against such risks in such amounts as are consistent with good utility
practices.Franchisee shall provide the City with sufficient written evidence,upon request,that such
insurance (or self-insurance) is being so maintained by Franchisee. Such written evidence shall
include,to the extent available from Franchisee's insurance carrier,a written certificate of insurance
with respect to any insurance maintained by Franchisee in compliance with this Section.
Ordinance No 16- Page 22 of 30
Section 29. General Provisions
29.1 Entire Agreement. This Franchise contains all of the agreements of the Parties with
respect to any matter covered or mentioned in this Franchise and no prior agreements or
understandings pertaining to any such matters shall be effective for any purpose.
29.2 Modification.No provision of this Franchise may be amended or added to except by
agreement in writing signed by both of the Parties.
29.3 Assignment. Franchisee shall not 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 City,
which consent will not be unreasonably withheld.Any assignee shall,within thirty(30)days of the
date of any approved assignment,file written notice of the assignment with the City together with its
written acceptance of all terms and conditions of this Franchise. Notwithstanding the foregoing,
Franchisee shall have the right,without such notice or such written consent,to mortgage its rights,
benefits and privileges in and under this Franchise to the Trustee for its bondholders.
29.4 Attorneys' Fees.In the event the City or the Franchisee defaults on the performance of
any terms in this Franchise,and the Franchisee or the City places the enforcement of the Franchise or
any part thereof or the collection of any monies due,or to become due hereunder,in the hands of an
attorney, or files suit upon the same, the prevailing party shall be entitled to an award of all
reasonable attorneys' fees, costs, and expenses. The venue for any dispute related to this Franchise
shall be King County, Washington.
29.5 No Waiver.Failure of either party to declare any breach or default by the other party
immediately upon the occurrence thereof,or delay in taking any action in connection therewith,shall
not waive such breach or default, but such party shall have the right to declare any such breach or
Ordinance No 16- Page 23 of 30
default at any time.Failure of either party to declare one breach or default does not act as a waiver of
such party's right to declare another breach or default.
29.6 Governing Law. This Franchise shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington.
29.7 Authority. Each individual executing this Franchise on behalf of the City and
Franchisee represents and warrants that such individual is duly authorized to execute and deliver this
Franchise on behalf of the Franchisee or the City.
29.8 Notices.Any notices required to be given by the City to Franchisee or by Franchisee
to the City shall be delivered to the parties at the following addresses:
Franchisee: Lakehaven Utility District
Attn: General Manager
31627 1st Ave South
P.O. Box 4249
Federal Way, WA 98063
City: City of Federal Way
Attn: City Attorney
33325 8th Avenue South
Federal Way, WA 98003
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 herein. Any notice so posted in the
United States mail shall be deemed received three (3) days after the date of mailing.
29.9 Captions. The respective captions of the sections of this Franchise are inserted for
convenience of reference only and shall not be deemed to modify or otherwise affect in any respect
any of the provisions of this Franchise.
Ordinance No 16- Page 24 of 30
29.10 Remedies Cumulative.Any remedies provided for under the terms of this Franchise
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.
Section 30. Severability
Should any section,subsection,paragraph,sentence,clause,or phrase of this Franchise,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 Franchise or its application to
any other person or situation. The City Council of the City of Federal Way hereby declares that it
would have adopted this Franchise 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 31. Ratification
Any act consistent with the authority and prior to the effective date of this Franchise is hereby
ratified and affirmed.
Section 32. Implementation
The terms of the previous Franchise and any amendments shall control until the effective date
of this Franchise.
Section 33. 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).
Ordinance No 16- Page 25 of 30
PASSED by the City Council of the City of Federal Way this day of
2016.
CITY OF FEDERAL WAY
MAYOR, JIM FERRELL
ATTEST:
CITY CLERK, STEPHANIE COURTNEY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, AMY JO PEARSALL
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
•
Ordinance No 16- Page 26 of 30
ACCEPTANCE:
The undersigned hereby accepts all the rights and privileges of the above granted Franchise and
acknowledges that such rights and privileges are subject to and limited by all of the terms,conditions
and obligations contained therein.
DATED this day of ,2016.
LAKEHAVEN UTILITY DISTRICT
By:
Its:
Ordinance No 16- Page 27 of 30
EXHIBIT A
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Ordinance No 16- Page 28 of 30
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Ordinance No 16- Page 30 of 30
CITY OF
Federal Way
STAFF REPORT
DATE: FEBRUARY 16, 2016
TO: CITY COUNCIL MEMBERS
VIA: JIM FERRELL, MAYOR
BRIAN WILSON CHIEF OF ST
FROM:
AMY JO PEARSALL, CITY ATTORNEY )4
MARK ORTHMANN, ASSISTANT CITY ATTORNEY
SUBJECT: LAKHAVEN UTILITY DISTRICT FRANCHISE ORDINANCE
Lakehaven Utility District ( "Lakehaven ") and the City of Federal Way ( "City") have determined that it is in the best
interests of the public and both parties to execute a new Franchise agreement to specify the rights and duties of
Lakehaven to install, operate, and maintain its water and sewer systems within the City's rights -of -way. In addition
to standard franchise terms, the proposed Franchise addresses the following key issues:
• The Franchise term will be for 10 years with two possible five year extensions upon mutual agreement of
the parties.
• The City will take responsibility for fire hydrant and streetlight payments previously billed by Lakehaven
to its ratepayers.
• The City will not initiate proceedings under Chapter 35.13A RCW to assume the water and/or sewer
service jurisdiction of Lakehaven during the term of the Franchise.
• Lakehaven will pay the City a Franchise Fee as consideration for the rights granted to Lakehaven under the
Franchise as follows:
o 2016 -19, 3.6 percent
o 2020 -23, 3.8 percent
o 2024 -26, 4.0 percent
The proposed Franchise assigns responsibility for fire hydrant payments to the City because they are a general
governmental obligation that the City is liable for under state law. Under the proposed Franchise, the City will also
take responsibility for paying Puget Sound Energy ("PSE") for streetlights currently billed to Lakehaven customers
to rectify a disparity between those citizens provided streetlights at no additional charge by the City and those that
are charged monthly for the provision of streetlights by Lakehaven. The proposed Franchise maintains the
assumption forbearance included in the previous Franchise agreement.
As consideration for the assumption forbearance and for taking on Lakehaven's streetlight payments to PSE, the
City will collect a Franchise Fee on Lakehaven's water and sewer revenues. Collecting the Franchise Fee will allow
the City to provide essential services to its citizens on an equal basis without an increased impact on the budget.
ORDINANCE NO. 16-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, GRANTING LAKEHAVEN UTILITY DISTRICT, A
MUNICIPAL CORPORATION, A NONEXCLUSIVE FRANCHISE TO
OCCUPY THE RIGHTS -OF -WAY OF THE CITY OF FEDERAL WAY,
WASHINGTON, THROUGH THE FRANCHISE AREA FOR THE
PURPOSES OF CONSTRUCTING, MAINTAINING, REPAIRING,
RENEWING, AND OPERATING A WATER AND SEWER SYSTEM
WITHIN AND THROUGH THE CITY OF FEDERAL WAY AND
ADDRESSING HYDRANT COSTS WITHIN CITY BOUNDARIES.
WHEREAS, Lakehaven Utility District and the City of Federal Way have determined that it
is in the best interests of the public and both parties that Lakehaven Utility District be granted a
franchise from the City of Federal Way, in order to specify the rights and duties of Lakehaven to
install, operate and maintain a water and sewer system including all related appurtenances located in
certain rights -of -way as depicted in Exhibit A; 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, poles, conduits,
tunnels, towers and structures, pipes and wires and appurtenances thereof for water, sewer, and other
private and publicly owned and operated facilities for public service; 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; and
WHEREAS, the parties acknowledge the Washington State Supreme Court's ruling in Lane
v. Seattle that the cost of hydrants is a general government responsibility; and
WHEREAS, Franchisee recognizes a benefit to its rate payers in not having the City attempt
to assume its jurisdiction under the provisions of RCW Chapter 35.13A,
Ordinance No 16- Page 1 of 30
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Definitions
Where used in this Franchise the following terms shall be defined as follows:
1.1 "City" means the City of Federal Way, Washington, a municipal corporation of the
State of Washington, and its respective successors and assigns.
1.2 "Council" means the City of Federal Way Council acting in its official capacity.
1.3 "Director" means the Public Works Director, or designee, of the City of Federal Way
Public Works Department.
1.4 "Facilities" means all structures, antennas, equipment, pipes, mains, hydrants, valves,
meters, service lines in the right -of -way manholes, clean outs, and all other related appurtenances
owned or used by Franchisee and necessary for the distribution of water and collection of
wastewater. The Parties acknowledge that the Franchisee deems sewer service lines to be owned by
the property owner served by the service line.
1.5 "FWRC" means the Federal Way Revised Code.
1.6 "Franchise Area" means rights -of -way for public roads, streets, avenues, alleys, and
highways of the City as set forth in Exhibit A. Exhibit A may be updated by the City upon the City's
acquisition or vacation of rights of way and upon any annexation of area that is within the
Franchisee's service area.
1.7 "Franchisee" means Lakehaven Utility District, a municipal corporation, and public
utility, and its respective successors and assigns.
Ordinance No 16- Page 2 of 30
1.8 "Revenue" means the value proceeding or accruing from the performance of
Franchisee's water and sewer business, which for the purposes of calculating the Franchise fee
contemplated in Section 17, shall include only those proprietary water and sewer rates collected from
Franchisee's retail customers with billing addresses that are within the corporate boundaries of the
City. For the purposes of this definition, "revenue" shall not include the following: wholesale or
contract water sales; maintenance charges for sewer systems not owned by Franchisee; hydrant meter
water sales; penalties; late fees; meter shut -off or turn-on charges; impact fees; delinquent account
charges; lien charges; telecommunications site lease payments; permit fees; surcharges; interest on
fund balances; revenues from hydrant maintenance (fire suppression); connection charges; water or
sewer system capacity rent; assessments; grants; contributed assets (contributions in aid of
construction); loans; developer charges; income from legal settlements not related to retail water or
sewer service; income from real property or equipment/vehicle sales; fees charged for Franchisee's
services as expressed in Franchisee's Fees and Charges Resolution; street light revenues; labor,
equipment, and material charges; or any other revenues that are not derived from the rates charged
for the direct provision of water and sewer service to retail customers with billing addresses that are
within the corporate boundaries of the City.
Section 2. Grant /Acceptance
2.1 Grant of Franchise. The City does hereby grant to Franchisee, subject to the terms of
this Franchise, the right, privilege, authority and franchise to:
(a) Lay, construct, extend, repair, renew, and replace Facilities in the Franchise
Area; and
Ordinance No 16- Page 3 of 30
(b) To charge and collect tolls, rates, and compensation for such utility service
and such uses.
2.2 Acceptance by Franchisee. Franchisee shall have no rights under this Franchise, nor
shall Franchisee be bound by the terms and conditions of this Franchise, unless Franchisee shall,
within sixty (60) days after the date the City Council passes this Franchise, file with the City its
written acceptance of this Franchise and all of its terms and conditions.
Section 3. Conditions of Use
3.1 Non - Franchise Area City Property. This Franchise does not and shall not convey any
right to Franchisee to install its Facilities on, under, over, across, or to otherwise use City -owned or
leased properties of any kind outside the Franchise Area, or to install Facilities on, under, over,
across or otherwise use any City owned or leased property within the Franchise Area other than
public roads, streets, avenues, alleys, and highways of the City. The Franchisee shall place Facilities
within the Franchise Area, but not on any other public property owned, in whole or in part, leased, or
otherwise occupied by the City unless an easement is granted.
3.2 Termination of Easements. Franchisee agrees to voluntarily relinquish its easements
on private property that has become City property pursuant to public projects when notified by the
City. In exchange for the voluntary relinquishment of easements on private property that become
public right -of -way, the City and Franchisee agree to the following:
A. For the Project. The City agrees to pay Franchisee's necessary relocation or
adjustment costs of its water and /or sewer facilities on private property if required as part of project
construction when the property will become City property.
Ordinance No 16- Page 4 of 30
B. Five Years after Completion of the Project. The City agrees to pay Franchisee's
necessary relocation costs of its water and /or sewer facilities for five years after completion of the
project in the event a City public project requires the relocation. Completion of the project means the
action taken by the City Council during the regular City Council meeting to accept the project as
complete.
3.3 Operation costs. To the extent permitted by law and as otherwise expressed in this
agreement, Franchisee shall be solely responsible for the operation, maintenance, repair, and
construction of its Facilities.
3.4 Facilities Abandonment. Franchisee will notify the City when a Facility has been
deemed obsolete and its use discontinued. The Facility shall be removed by Franchisee, at its
expense, within one hundred (180) days of the date the Facility's use is discontinued. The City may
deem a Franchisee's facility obsolete if the Facility ceases to be operational for more than ninety (90)
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days and the Franchisee has not initiated repair or removal. If Franchisee fails to begin repair or
remove the Facility, the City or its agent may cause the Facility to be removed pursuant to Section 14
of the Franchise; however, with the express written consent of the City, Franchisee may leave such
Facilities in place. The City's consent shall not relieve Franchisee of the obligation and/or costs to
subsequently remove or relocate such Facilities at the City's request, in which case Franchisee shall
perform such work at no cost to the City in accordance with Section 15. The provisions of this
Section shall survive the expiration, revocation or termination of this Franchise.
Section 4. Term.
4.1 Initial Term. Subject to Franchisee filing its acceptance pursuant to Subsection 2.2,
the term of this Franchise shall be for a period of ten (10) years commencing on the effective date of
Ordinance No 16- Page 5 of 30
this Franchise, unless terminated earlier pursuant to the terms of this Franchise or other applicable
law. This Franchise may be extended by mutual written agreement of the parties for two (2)
extensions of five (5) years.
Section 5. Hydrant (Fire Suppression System) costs.
The parties agree that during the term of the Franchise, Franchisee shall be responsible to
operate and maintain all portions of the water system, including the fire hydrants (fire suppression
system) and those components of the water system that provide fire suppression benefits within City
boundaries. The City shall, during the term of this Franchise, pay Franchisee for the cost of
maintaining the fire hydrants and those portions of the system that provide fire suppression benefits
within City boundaries ( "fire hydrants "). Franchisee shall, during the term of this Franchise,
indemnify and hold the City harmless from any costs associated with the maintenance of the water
system, except the cost of maintaining the fire hydrants (fire suppression system). The amount of the
charge for the cost of maintaining the fire hydrants (fire suppression system) shall be as established
by Franchisee resolution and shall be billed to the City on a quarterly basis. Payment shall be due
within forty -five (45) days from the invoice date.
Section 6. Location of Facilities
6.1 Location. The location of existing Facilities, their depths below the surface of ground
or grade of a right -of -way (if available), shall be submitted to the City in the form of a map showing
the approximate location of Franchisee's existing water and sewer systems within the Franchise
Area. Upon written request of the City, Franchisee shall update such map to reflect actual or
anticipated improvements to the Franchisee's water and sewer systems within the Franchise Area.
Any such map (or update thereof) so submitted shall be for City informational purposes only and
Ordinance No 16- Page 6 of 30
shall not obligate Franchisee to undertake any specific improvements, nor shall such map be
construed as a proposal to undertake any specific improvements.
6.2 GIS Data. The Franchisee shall provide, at such time as Franchisee develops and
employs Geographic Information System ( "GIS ") technology for its water and sewer system maps
and records throughout its service area, information required in section 6.1 in digital GIS format for
its Facilities within the Franchise Area.
6.3 Design Markings. In the event the City desires to design new streets or intersections,
renovate existing streets, or make any other public improvements, Franchisee shall at the City's
reasonable request, provide the location of Franchisee's underground Facilities within the Franchise
Area by either field markings or by locating the Facilities on the City's design drawings, and shall
provide all other reasonable cooperation and assistance to the City.
6.4 No Warranty or Waiver. Nothing herein is intended to expand, or relieve the parties
of, their respective obligations arising under Chapter 19.122 RCW or other applicable law with
respect to determining the location of utility facilities prior to construction. Further, neither the
provisions of this Franchise nor the absence of any specific provision in this Franchise is intended to
limit, detract from or render ineffective any disclaimer (including, without limitation, any disclaimer
as to accuracy or completeness) placed by Franchisee on any map furnished to the City pursuant to
Sections 6.1 and 6.2 of this Franchise.
Section 7. Noninterference of Facilities
Franchisee agrees to maintain its Facilities and perform all work within the Franchise Area:
(1) so as not to unreasonably interfere with the free passage of traffic, (2) in accordance with the laws
Ordinance No 16- Page 7 of 30
of the State of Washington and City ordinances, regulations, resolutions, and rules, and (3) as
required by the Director.
Section 8. Requirement to Obtain Permits
8.1 Permits. Franchisee shall, at its expense, obtain all permits (including rights -of -way
permits) and pay all fees required by applicable City ordinances, regulations, resolutions, and rules
prior to commencing any work within the Franchise Area, excluding blanket permits for water and
sewer routine maintenance work. Permit applications shall: (1) show the position and location of the
Facilities to be constructed, laid, installed, or erected at that time; (2) show their relative position to
existing rights -of -way or property lines upon prints drawn to scale, unless otherwise approved by the
Director; (3) designate rights -of -way by their names and; (4) show improvements as required by the
Director, such as, but not limited to, sidewalks, curbs, gutters, shoulders of roadway, ditches, paved
roadways, roadways to property lines, turnouts, parking strips, telephone or electric distribution
poles, and pipes existing on the ground to be occupied. The Franchisee shall specify the class and
type of materials to be used, equipment to be used, and mode of safeguarding and facilitating the
public traffic during construction. The manner of excavation, construction, installation, backfill, and
temporary structures such as, but not limited to, traffic turnouts and road obstructions shall meet the
standards of the FWRC and be satisfactory to the Director. All traffic control shall be in accordance
with the right -of -way permit, and shall be in accordance with the Manual on Uniform Traffic Control
Devices ( "MUTCD "). The Franchisee shall indicate on the right -of -way use permit application the
time needed to complete the work. The time needed to complete the work is subject to approval by
the City as a condition of the issuance of the right -of -way permit.
Ordinance No 16- Page 8 of 30
8.2 Exception to Permit Requirement. In the event of an emergency in which Franchisee's
Facilities within the Franchise Area are in a condition as to immediately endanger the safety or health
of life, property or the environment, Franchisee may take action immediately to correct the
dangerous condition without first obtaining any required permit so long as: (1) Franchisee informs
the City of the nature and extent of the emergency and the work to be performed prior to or at the
commencement of the work, if reasonably possible, or immediately following cessation of the
emergency; and (2) such permit is obtained by Franchisee as soon as practicable thereafter.
8.3 Routine Maintenance. Franchisee shall have the right to conduct routine maintenance
to repair, modify, supplement, replace or upgrade the Franchisee's Facilities, provided that the
Franchisee shall obtain any necessary right -of -way use permit and any other permits or
authorizations required by all applicable federal, state, and local laws, rules, and regulations prior to
the performance of any said routine maintenance. The following non - emergency related activities
such as water main flushing, valve exercising, sanitary sewer line cleaning /inspection, and other
activities as approved shall be allowed to occur under an annual maintenance blanket permit.
8.4 Notice of Entry. At least forty -eight (48) hours prior to entering right -of -way adjacent
to private property to perform the installation, maintenance, repair, reconstruction, or removal of
facilities, except those emergency activities exempted from permit requirements, a written notice
describing the nature and location of the work to be performed shall be communicated to the private
property occupant to be impacted by Franchisee's work. Examples of acceptable notice include but
are not limited to a pre - printed door hanger, mailed letter, and /or sandwich boards.
Ordinance No 16- Page 9 of 30
Section 9. Standard of Performance
The Franchisee shall not excavate for a distance of more than one hundred feet (100') without
immediately backfilling and compacting to surface grade and permit requirements. Backfilled trench
areas within a driving lane must be patched, either temporarily or permanently, or plated, before the
end of the workday in which they have been opened. Trench areas within the right -of -way, but not
within a driving lane, must also be plated, patched backfilled, and/or patched within the time limits
specified by the City on the right -of -way use permit. Final surface restoration shall be completed
within thirty (30) days and shall be equal to or better than the surface condition prior to permit
issuance.
Any asphalt overlay completed within the Franchise Area during a five (5) year period
immediately prior to the date of permit application shall not be open cut by Franchisee unless
required by an emergency or as approved by the Director. In the event of this emergency cut in new
pavement, Franchisee shall install new asphalt overlay on the street that is open cut, for a minimum
of 250 feet in both directions from the open cut, or pay a mitigation fee, or as determined otherwise
by the Director.
Franchisee shall, in carrying out any authorized activities within the Franchise Area, comply
with all applicable laws, ordinances, codes, and standards, as now existing or hereafter adopted or
amended, and shall comply with the terms of this Franchise, whether the work is performed by the
Franchisee, its agents, employees, subcontractors, or other third parties at Franchisee's direction.
Upon completion of any installation of Franchisee's Facilities within the Franchise Area, Franchisee
shall submit to the Director plans, stamped by a Professional Engineer licensed by the State of
Washington (if required in the permit), showing the "as- built" location of the Facilities. Nothing
Ordinance No 16- Page 10 of 30
herein is intended to relieve the parties of their respective obligations arising under applicable law
with respect to determining the location of utility facilities.
Section 10. Survey Markers and Monuments
Franchisee shall, using a licensed surveyor, immediately replace all markers or monuments
disturbed during any work by Franchisee within the Franchise Area. Franchisee shall pay all costs
associated with such lost, destroyed or disturbed monuments or markers.
Section 11. Surface Markings /Stakes
Prior to Franchisee commencing any excavation work within the Franchise Area that disturbs
any monument or marker, Franchisee shall, using a licensed surveyor, reference all monuments and
markers relating to subdivisions, plats, highway, and other surveys. The reference points shall be
located so that they shall not be disturbed during the Franchisee's operations under this Franchise.
The method referencing these monuments or other points shall be approved by the City before
placement. The construction shall be made as expeditiously as conditions permit, and as directed by
the City. The cost of monuments or other markers lost, destroyed, or disturbed, and the expense of
replacement of the monuments, shall be borne solely by the Franchisee. A complete set of reference
notes for monuments, markers, and other ties shall be filed with the City. In the event of any conflict
or inconsistency between this Section 11 and Chapter 19.122 RCW, as now existing or hereafter
amended, Chapter 19.122 RCW will control.
Section 12. Notification to Fire District
Except in emergencies, if it is necessary to shut down or diminish the water pressure so that
fire hydrants may be adversely affected, the Franchisee shall notify the appropriate fire district by
telephone followed by faxed transmittal or written notification, that water pressure or fire flow
Ordinance No 16- Page 11 of 30
conditions have been affected. In case of an emergency, Franchisee shall contact the appropriate fire
district as soon as circumstances allow. In case of a planned shutdown or diminished water flow, at
least forty-eight (48) hour prior notification to the fire district is required. If more than one fire
hydrant is affected, Franchisee must provide a map of the affected area to the fire district.
Section 13. Right of City to Undertake Maintenance Work
The laying, construction, maintenance, and operation of Franchisee's system of water and
sewer pipes, and appurtenances granted under this Franchise shall not preclude the City, its
accredited agents or its contractors from doing necessary maintenance work contiguous to the
Facilities, provided that the Franchisee shall have sufficient notice of blasting, regrading, or
excavating in order that Franchisee may protect its lines or pipe or property.
Section 14. Right of City to Complete Work
In the event Franchisee fails to comply with any applicable federal, state, or City laws,
ordinances, rules, regulations, or standards or with any of the terms of this Franchise, and such
noncompliance continues for a period of fourteen (14) days after Franchisee receives written notice
from the City regarding the noncompliance, the City may, but in no event is the City obligated to,
order any work completed, including without limitation Franchisee's obligation to repair pursuant to
Section 16 herein and Franchisee's obligation to remove facilities pursuant to Section 15 herein. If
the City causes such work to be done by its own employees or by any person or entity other than
Franchisee, the City will notify the state Department of Health or Department of Ecology, as
appropriate, prior to such work. The Franchisee shall, upon the City's written request, immediately
reimburse the City for all reasonable costs and expenses incurred by the City in having such work
performed, which costs may include the City's reasonable overhead expenses and attorneys' fees.
Ordinance No 16- Page 12 of 30
Section 15. Required Relocation of Facilities
15.1 City Reservation of Rights. The City reserves the right to use, occupy and enjoy the
Franchise Area for any purpose that is not inconsistent with the terms and conditions of this
Franchise. The Rights reserved herein include, without limitation, the construction of any City
owned electrical, water, sewer or storm drainage line, installation of traffic signals, street lights,
trees, landscaping, bicycle paths and lanes, equestrian trails, sidewalks, other pedestrian amenities,
and other public street improvement projects. This Franchise is not an exclusive franchise. Without
limiting Franchisee's rights under this Franchise, this Franchise shall not in any manner prohibit the
City from granting other and further franchises in, under, over, upon, and along the Franchise Area.
15.2 City's Duties. In the event the City undertakes any work, including necessary
maintenance within a right -of -way in which Franchisee's Facilities are located, and such work
necessitates the relocation of Franchisee's then existing Facilities within the Franchise Area, the City
shall:
(a) Provide written notice to Franchisee requesting such relocation within a
reasonable time prior to the commencement of such City work;
(b) Pursuant to RCW 35.21.905, consult with Franchisee on projects that will
require relocation to facilitate coordination of design;
(c) Provide Franchisee with copies of pertinent portions of the City's plans and
specifications for such City work so that Franchisee may relocate its Facilities to
accommodate such City work; and
(d) Coordinate to minimize conflicts between existing Facilities and Franchise
Area improvements where possible.
Ordinance No 16- Page 13 of 30
15.3 Franchisee's Duties. After receipt of the City notice requesting the relocation of the
Facilities pursuant to Subsection 15.2(a) and receipt of the plans and specifications pursuant to
Subsection 15.2(b), Franchisee shall, within such reasonable time as approved by the Director, raise,
lower, or move such Facilities within the Franchise Area at its sole cost and expense so as to
conform to such new grades as may be established, and place the pipe in a location or position
causing the least interference with the improvement, repair, or alteration contemplated by the City.
15.4 Exclusivity. Except as provided in Section 3.2 above, this Section 15 shall govern all
relocations of Franchisee's Facilities required in accordance with this Franchise. Nothing in this
Section 15 shall require Franchisee to bear any cost or expense in connection with the location or
relocation of any Facilities existing under benefit of easement on property owned by a person or
entity other than the City.
Section 16. Damage Repair
In case of damage by the Franchisee or by the Facilities of the Franchisee to rights -of -way, or
to public and private improvements to rights -of -way, the Franchisee agrees to repair the damage at its
own cost and expense. The Franchisee shall, upon discovery of such damage, immediately notify the
City. The City will inspect the damage, and set a time limit for completion of the repair. If the City
discovers damage caused by the Franchisee to rights -of -way, or to public and private improvements
to rights -of -way, the City shall give the Franchisee notice of the damage and set a time limit so the
Franchisee may repair the damage. In the event the Franchisee does not repair a right -of -way or an
improvement to a right -of -way as required in this section, the City may repair the damage pursuant to
Section 14 of this Agreement. The parties agree that they shall cooperate to investigate the cause of
any damage to the right -of -way. The City shall hold Franchisee responsible for damage that is
Ordinance No 16- Page 14 of 30
determined, to a reasonable degree of certainty, to have resulted from issues with Franchisee's
Facilities or the actions of Franchisee.
Section 17. Franchise Fee and Utility Tax
17.1 The City levies a Franchise fee pursuant to this Franchise agreement to ensure that the
City's transportation, landscape, drainage, and storm water system infrastructure is maintained and
preserved during the ongoing operation of utility work in the City. Utility work within the City's
right -of -way causes a deterioration of the right -of -way and requires the City to perform annual
maintenance and longer -term capital improvements to maintain and preserve the City's right -of -way
infrastructure. Administration of this Franchise, and annual maintenance and preservation work
includes the work and cost for City employees, materials, engineering, inspection, administration of
the Franchise agreement, planning, electronic mapping, pavement management, and other outside
services for shoulder maintenance, street drain maintenance, roadside maintenance, street overlays,
sweeping and mowing, and street and drainage capital projects.. If the City adopts a utility tax
applicable to Franchisee, and Franchisee makes the payments to the City contemplated by such a
utility tax, then the Franchise fee will be cancelled effective the beginning date for the utility tax.
17.2 In consideration of the rights granted to Franchisee by this agreement, Franchisee
agrees:
(a) To collect and distribute to the City a Franchise fee equal to 3.6 percent of
Revenue generated within the City as defined in this agreement for 2016 -19, 3.8 percent for
2020 -23, and 4.0 percent for 2024 -26. Franchisee shall begin collecting the Franchise fee on
or before the beginning of Franchisee's second utility billing cycle following the effective
date of this Franchise. Proceeds of the Franchise fee collected by the Franchisee shall be
Ordinance No 16- Page 15 of 30
distributed to the City on a quarterly basis during the term of this Franchise and any
extensions. Payment shall be due within forty -five (45) days from the invoice date.
(b) Should Franchisee be prevented by judicial or legislative action from
collecting a Franchise fee on all or part of Franchisee's Revenue, Franchisee shall be excused
from the collection and distribution of that portion of the Franchise fee.
(c) Should a court of competent jurisdiction declare, or a change in law make the
Franchise fee invalid, in whole or in part, then Franchisee's obligation to collect and
distribute the Franchise fee contemplated under this section shall be terminated in accordance
with and to the degree required to comply with such court or legislative action.
(d) Franchisee agrees that it will not pursue any legal challenge to the Franchise
fee established under this Franchise.
(e) Upon the City's request, Franchisee shall make available Franchisee's books
and records pertaining to all revenue derived by the Franchisee by virtue of the Franchise for
City review, to verify the accuracy of payments. The City shall maintain the confidentiality of
such information to the extent permitted by law.
17.3 In consideration for the Franchise fee collected and distributed to the City by
Franchisee, the City agrees:
(a) To pay Franchisee for the cost of maintaining the fire hydrants (fire
suppression system) within City boundaries as discussed in Section 5 of this Franchise.
(b) To forego, during the term of the Franchise, the initiation of any proceedings
under Chapter 35.13A RCW to assume the water and /or sewer service jurisdiction of
Franchisee. Should a court of competent jurisdiction declare, or a change in law make the
Ordinance No 16- Page 16 of 30
Franchise fee invalid, in whole or in part, then the assumption forbearance shall be cancelled
and this Subsection 1 7.3(b) shall be stricken from the agreement.
(c) To bear the cost of the Puget Sound Energy streetlights located in the right-of-
way within City boundaries currently paid for by Franchisee and billed to Franchisee's
customers.
(d) If a lawsuit is filed challenging the Franchise fee, the City agrees to defend
and hold Franchisee harmless from the cost /liability of such a lawsuit.
17.4 If the Franchise fee is declared invalid, in whole or in part, the parties agree to meet to
discuss alternatives and amendments to this Franchise to retain the essential purposes of this section.
Section 18. General Maintenance of Facilities
Franchisee will maintain Facilities located within the Franchise Area in good operating
condition and repair in a manner consistent with applicable law and prudent utility practice, and will
comply with the following procedures:
(a) Franchisee will provide the City, on an annual basis upon the City's written
request, a proposed schedule of its routine Facility replacement or repair activities within the
Franchise Area.
(b) Franchisee will meet, at least annually upon the City's written request, with a
City representative to discuss the City's concerns regarding the timing, scope, nature, or
method of such repair or replacement activities within the Franchise Area.
Section 19. Emergency Operations
Prior to the beginning of each winter storm season, Franchisee will, at the request of the City,
attend an annual coordination meeting with the City to discuss Franchisee's Emergency Response
Ordinance No 16- Page 17 of 30
Plan. At the request of the City, a copy of those portions of Franchisee's Emergency Response Plan
that Franchisee makes generally publicly available will be provided to the City at the coordination
meeting, along with appropriate telephone number and pager numbers during each emergency.
Section 20. Default
20.1 Notice of Default. If Franchisee shall fail to comply with any of the provisions of this
Franchise, the City may serve a written notice to Franchisee ordering such compliance and
Franchisee shall have sixty (60) days from the receipt of such notice in which to comply.
20.2 Revocation of Franchise. If Franchisee is not in compliance with this Franchise after
the expiration of the sixty (60) day period, the City may, by ordinance, declare an immediate
forfeiture of this Franchise; provided, however, if any failure to comply with this Franchise by
Franchisee cannot reasonably be corrected with due diligence within such sixty (60) day period
(Franchisee's obligation to comply and to proceed with due diligence being subject to unavoidable
delays and events beyond its control), then the time within which Franchisee may so comply shall be
extended, upon notice to the Director, for such time as may be reasonably necessary and so long as
Franchisee commences promptly and diligently to effect such compliance. In the event of the City's
cancellation of this Franchise, all rights and obligations associated therewith, including the
Franchisee's obligation to pay a Franchise fee, shall be terminated.
Section 21. Limited Rights
This Franchise is intended to convey only a limited right and interest to Franchisee in the
Franchise Area. This Franchise is not a warranty of title or conveyance of any ownership interest in
or to the Franchise Area to Franchisee.
Ordinance No 16- Page 18 of 30
Section 22. Eminent Domain
The existence of this Franchise shall not preclude the City from acquiring by condemnation,
in accordance with applicable law, all or a portion of Franchisee's Facilities within the Franchise
Area for the fair market value thereof. In determining the value of such Facilities, no value shall be
attributed to the right to occupy the Franchise Area conferred by this Franchise.
Section 23. Vacation
If at any time the City, by ordinance, vacates all or any portion of public streets, roads and /or
rights -of -way within the Franchise Area, the City will not be liable for any damages or loss to the
Franchisee by reason of such vacation. The City agrees to exert reasonable good faith efforts to
reserve an easement for Franchisee's existing or proposed Facilities when a street, public way, or
area is vacated. The City may, after thirty (30) days' written notice to Franchisee, terminate this
Franchise with respect to any such vacated area.
Section 24. Compliance with Laws
Franchisee shall comply with all applicable federal, state, and City laws, ordinances,
resolutions, regulations, standards and procedures, as now existing or hereafter amended or adopted,
including without limitation the State Environmental Protection Act; the Federal Occupational Safety
and Health Act of 1970 ( "OSHA "), and the Washington Safety .and Health Act of 1973 ( "WISHA ")
provided, however, that if any term or condition of this Franchise and any term or condition of any
City law, code, ordinance, resolution, regulation, standard, procedure, permit, or approval are in
conflict, the term or condition of this Franchise will control.
Ordinance No 16- Page 19 of 30
Section 25. Guarantee
Franchisee shall guarantee work completed by the Franchisee after the date of this franchise
for a period of twenty (20) years from completion against settlement or conditions requiring repair.
Section 26. Charge for Administrative Costs
Nothing herein shall preclude the City from recovering any administrative costs incurred by
the City in the approval of permits or in the supervision, inspection or examination of all work by
Franchisee in the Franchise Area as prescribed in accordance with applicable provisions of the City's
code.
Section 27. Indemnification
Franchisee agrees to indemnify and hold harmless and defend the City, its elected officials,
officers, employees, agents, and volunteers from any and all claims, demands, losses, actions and
liabilities (including costs and all attorneys' fees) to or by any and all persons or entities, including,
without limitation, their respective agents, licensees, or representatives, arising from, resulting from,
or connected with this Franchise to the extent caused in part or in whole by the acts, errors or
omissions of the Franchisee, its officers, partners, shareholders, agents, employees, or by the
Franchisee's breach of this Franchise. This Section shall not be construed to require Franchisee to
indemnify, hold harmless or defend the City against claims or damages arising from the negligence
of the City, its agents, or employees. In the event any claim, demand, suit or action is commenced
against the City that constitutes an obligation of Franchisee pursuant to this Section 27, the City shall
promptly notify Franchisee thereof, and Franchisee shall defend any such claim, demand, suit or
action. Franchisee shall not settle or compromise any such suit or action except with prior written
consent of the City, which shall not be unreasonably withheld. The City shall have the right at all
Ordinance No 16- Page 20 of 30
times to participate through its own attorney in any suit or action which arises pursuant to this
Franchise when the City determines that such participation is required to protect the interest of the
City or the public. In the event it is determined that RCW 4.24.115 applies to this Franchise,
Franchisee agrees to defend, hold harmless and indemnify the City to the maximum extent permitted
thereunder, to the full extent of Franchisee's negligence.
Section 28. Insurance
28.1 Minimum Limits. The Franchisee agrees to carry as a minimum, the following
insurance, in such forms and with such carriers as are satisfactory to the City.
(a) Workers compensation and employer's liability insurance in amounts
sufficient pursuant to the laws of the State of Washington;
(b) Commercial general liability insurance with limits of liability not less than
$5,000,000 each occurrence and $5,000,000 aggregate for bodily injury, including personal
injury or death, products liability, contractual coverage, operations, explosion, collapse,
underground and property damage; and
(c) Automobile Liability insurance with limits of liability not less than
$5,000,000 each accident for bodily injury, or death and property damage.
28.2 Mandatory Insurance Provisions. The commercial general liability insurance and
automobile liability insurance policies shall be endorsed to contain the following provisions:
(a) The City, its officers, elected officials, employees, and volunteers are to be
named as additional insured;
(b) Coverage shall apply separately to each insured against whom claim is made
or suit is brought, except with respect to the limits of the insurer's liability;
Ordinance No 16- Page 21 of 30
(c) Coverage shall not be suspended, canceled, modified or reduced except after
thirty (30) days' prior written notice to the City delivered by certified mail, return receipt
requested; and
(d) Coverage shall be primary as to the City, its officers, officials, employees, and
volunteers. Any insurance or self - insurance by the City, its officers, officials, employees, or
volunteers shall be in excess of Franchisee's required insurance.
28.3 Verification of Coverage. Franchisee shall furnish the City with certificates of
insurance and original endorsements evidencing the coverages required by this Section. The
certificates and endorsements shall be signed by a person authorized by the insurer to bind coverage
on its behalf and must be received and approved by the City annually. At the City's request,
Franchisee shall deliver certified copies of all required insurance policies.
28.4 Self - Insurance. In satisfying the insurance requirements set forth in this Section,
Franchisee may self - insure against such risks in such amounts as are consistent with good utility
practices. Franchisee shall provide the City with sufficient written evidence, upon request, that such
insurance (or self - insurance) is being so maintained by Franchisee. Such written evidence shall
include, to the extent available from Franchisee's insurance carrier, a written certificate of insurance
with respect to any insurance maintained by Franchisee in compliance with this Section.
Section 29. General Provisions
29.1 Entire Agreement. This Franchise contains all of the agreements of the Parties with
respect to any matter covered or mentioned in this Franchise and no prior agreements or
understandings pertaining to any such matters shall be effective for any purpose.
Ordinance No 16- Page 22 of 30
29.2 Modification. No provision of this Franchise may be amended or added to except by
agreement in writing signed by both of the Parties.
29.3 Assignment. Franchisee shall not 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 City,
which consent will not be unreasonably withheld. Any assignee shall, within thirty (30) days of the
date of any approved assignment, file written notice of the assignment with the City together with its
written acceptance of all terms and conditions of this Franchise. Notwithstanding the foregoing,
Franchisee shall have the right, without such notice or such written consent, to mortgage its rights,
benefits and privileges in and under this Franchise to the Trustee for its bondholders.
29.4 Attorneys' Fees. In the event the City or the Franchisee defaults on the performance of
any terms in this Franchise, and the Franchisee or the City places the enforcement of the Franchise or
any part thereof or the collection of any monies due, or to become due hereunder, in the hands of an
attorney, or files suit upon the same, the prevailing party shall be entitled to an award of all
reasonable attorneys' fees, costs, and expenses. The venue for any dispute related to this Franchise
shall be King County, Washington.
29.5 No Waiver. Failure of either party to declare any breach or default by the other party
immediately upon the occurrence thereof, or delay in taking any action in connection therewith, shall
not waive such breach or default, but such party shall have the right to declare any such breach or
default at any time. Failure of either party to declare one breach or default does not act as a waiver of
such party's right to declare another breach or default.
29.6 Governing Law. This Franchise shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington.
Ordinance No 16- Page 23 of 30
29.7 Authority. Each individual executing this Franchise on behalf of the City and
Franchisee represents and warrants that such individual is duly authorized to execute and deliver this
Franchise on behalf of the Franchisee or the City.
29.8 Notices. Any notices required to be given by the City to Franchisee or by Franchisee
to the City shall be delivered to the parties at the following addresses:
Franchisee: Lakehaven Utility District
Attn: General Manager
31627 1st Ave South
P.O. Box 4249
Federal Way, WA 98063
City: City of Federal Way
Attn: City Attorney
33325 8th Avenue South
Federal Way, WA 98003
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 herein. Any notice so posted in the
United States mail shall be deemed received three (3) days after the date of mailing.
29.9 Captions. The respective captions of the sections of this Franchise are inserted for
convenience of reference only and shall not be deemed to modify or otherwise affect in any respect
any of the provisions of this Franchise.
29.10 Remedies Cumulative. Any remedies provided for under the terms of this Franchise
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.
Section 30. Severability
Should any section, subsection, paragraph, sentence, clause, or phrase of this Franchise, or its
application to any person or situation, be declared unconstitutional or invalid for any reason, such
Ordinance No 16- Page 24 of 30
decision shall not affect the validity of the remaining portions of this Franchise or its application to
any other person or situation. The City Council of the City of Federal Way hereby declares that it
would have adopted this Franchise 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 31. Ratification
Any act consistent with the authority and prior to the effective date of this Franchise is hereby
ratified and affirmed.
Section 32. Implementation
The terms of the previous Franchise and any amendments shall control until the effective date
of this Franchise.
Section 33. 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
2016.
CITY OF FEDERAL WAY
MAYOR, JIM FERRELL
ATTEST:
CITY CLERK, STEPHANIE COURTNEY, CMC
Ordinance No 16- Page 25 of 30
APPROVED AS TO FORM:
CITY ATTORNEY, AMY JO PEARSALL
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
Ordinance No 16- Page 26 of 30
ACCEPTANCE:
The undersigned hereby accepts all the rights and privileges of the above granted Franchise and
acknowledges that such rights and privileges are subject to and limited by all of the terms, conditions
and obligations contained therein.
DATED this day of , 2016.
LAKEHAVEN UTILITY DISTRICT
By:
Its:
Ordinance No 16- Page 27 of 30
EXHIBIT A
Location of Facilities within Franchise Area
Ordinance No 16- Page 28 of 30
City of
Federal Way
Water Service
Franchise Area
Map Da*. Mrecri, 2010
C4y of federat Way
P.O.Scat g718
Federal Way, W. S8083
(P) 2,S3 436- /OW
(W) awor.o1rtfaderarefaycorn
Legend
Exhibit A-1
Des
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-'" Franchise Area
JWater Service Area
Federal Way City Limits
Fife
Milton
Edgewood
Federal Way
CITY OF
0.5
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Mies
This map is intended for use
as a graphical representation.
The City of Federal Way makes
no warranty as to its accuracy.
Ordinance No 16-
Page 29 of 30
City of
Federal Way
Sewer Service
Franchise Area
Map DaW Marc, 2010
Cay of f &Coral Way
P.0.13ox 9718
Federai Will. Vat. 987243
IP) 2'93 4131S./1))0
(W) waiw.cilyofte:we ay can
Exhibit A-2
Des
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Leg end
Franchise Area
JSewer Service Area
Federal Way City Limits
Fife
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ACITY Of
Federal Way
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Miles
This map is intended for use
as a graphical representation.
The City of Federal Way makes
no warranty as to its accuracy.
Ordinance No 16-
Page 30 of 30
COUNCIL MEETING DATE: February 16, 2016
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #: 6d
SUBJECT: ORDINANCE: 21ST AVE S (S 316TH ST TO S 320TH ST) PEDESTRIAN IMPROVEMENTS -
CONDEMNATION ORDINANCE
POLICY QUESTION: Should the City Council approve an ordinance that authorizes the City Attorney to
commence legal proceedings to acquire the necessary property for the 21st Ave S (S 316th St to S 320th St)
Pedestrian Improvements by condemnation if the negotiation process fails?
COMMITTEE: N/A
MEETING DATE: N/A
CATEGORY:
❑ Consent
❑ City Council Business
® Ordinance ❑ Public Hearing
❑ Resolution ❑ Other
STAFF REPORT BY: Christine Mullen, P et Systems Project Engr. DEPT: Public Works
Attachments: Memorandum dated February 16, 2016
Condemnation Ordinance
Options Considered:
1. Approve to send the condemnation ordinance for the 21st Ave S (S 316th St to S 320th St) Pedestrian
Improvements to the City Council Meeting on March 1, 2016 for the second reading.
2. Do not approve to send the condemnation ordinance for 21st Ave S (S 316th St to S 320th St) Pedestrian
Improvements to the City Council Meeting on March 1, 2016 for the second reading and provide
direction to staff.
.......... ............................... .................................................................................................................................................................................................................................................................................................................................................................................... ...............................
MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the March 1, 2016 City Council
Ordinance Agenda for seco d reading.
MAYOR APPROVAL:
CHIEF OF STAFF:
DIRECTOR APPROVAL:
COMMITTEE RECOMMENDATION: N/A
Committee Chair
Committee Member
Committee Member
PROPOSED COUNCIL MOTION(S):
1ST READING OF ORDINANCE (FEBRUARY 16, 2016): `I move to forward approval of the condemnation
ordinance for the 21st Ave S (S 316th St to S 320th St) Pedestrian Improvements to the March 1, 2016 Council
Meeting for second reading and enactment."
2ND READING OF ORDINANCE (MARCH 1, 2016): `I move approval of the proposed condemnation ordinance
for the 21st Ave S (S 316th St to S 320th St) Pedestrian Improvements."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED
❑ DENIED
❑ TABLED/DEFERRED/NO ACTION
❑ MOVED TO SECOND READING (ordinances only)
REVISED— 1 /2015
COUNCIL BILL #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: February 16, 2016
TO: City Council
VIA: Jim Ferrell, Mayor
FROM: Marwan Salloum, P.E., Public Works Director
Christine J. Mullen, P.E., Street Systems Project Engineer
SUBJECT: 21st Ave S (S 316th St to S 320th St) Pedestrian Improvements — Condemnation Ordinance
BACKGROUND
Previously, the City Council authorized staff to acquire right -of -way for the 21st Ave S (S 316th St to S 320th St)
Pedestrian Improvements for fair market value. Staff is currently in the process of contacting the property owner
to negotiate the purchases. In anticipation that an agreement cannot be reached with the property owner, staff is
requesting that the Council adopt the attached condemnation ordinance. The ordinance authorizes the City
Attorney to commence legal proceedings to acquire the necessary property by condemnation if the negotiation
process fails after a reasonable amount of time, in order to allow the project to proceed.
ORDINANCE NO.
AN ORDINANCE of the City of Federal Way, Washington, providing
for the acquisition of certain property for the purpose of constructing
right -of -way improvements in the vicinity of 21st Avenue South (S 316th
St to S 320th St), known as the 21st Ave S (S 316th St to S 320th St)
Pedestrian Improvements Project; describing the public use and
necessity of such property; directing staff to exhaust reasonable
negotiation efforts to purchase such property; providing for the
condemnation of the property; and directing the City Attorney to initiate
all necessary actions and proceedings in the manner provided by law for
said condemnation if attempts to purchase are not successful.
WHEREAS, the 21st Ave S (S 316th St to S 320th St) Pedestrian Improvement Project
( "Project ") is a roadway project included in the City's Six Year Transportation Improvement Plan
( "TIP "); and
WHEREAS, consistent with the TIP, the City has secured funding for the Project; and
WHEREAS, the City must acquire all right -of -way interests and construction easements
necessary for construction of the project and must justly compensate affected property owners for the
property rights and interests acquired; and
WHEREAS, the City prefers to acquire the necessary right -of -way interests through active
negotiations with the owners of said properties, time is of the essence and the City may not be able to
acquire said interests by negotiation within the time limit mandated by Project funding; and
WHEREAS, there exists in the City of Federal Way certain portions of property legally
described in Exhibit "A" of this ordinance that the City must acquire for project purposes; and
WHEREAS, the City Council finds that said properties are critical to the Project and that it is
in the public interest to have these properties for public safety and transportation needs; and
WHEREAS, completion of the Project will positively address the important public safety and
Ordinance No. 16- Page 1 of 9
Rev 1/15
pedestrian issues by providing improved pedestrian facilities in the City;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Notice. Pursuant to RCW 8.12.005 and RCW 8.25.290, notice of the consideration
of this ordinance was properly issued by mail on February 1, 2016 to all potentially affected property
owners and published in the proper legal newspaper on February 5 and February 12, 2016.
Section 2. Public Necessity. The public health, safety, necessity, and convenience demand
that right -of -way improvements be constructed and maintained in the City within the vicinity of 21st
Avenue S (S 316th St to S 320th St), and that certain real property, encumbrances, and/or easements
upon property be acquired, condemned, appropriated, taken and/or damaged for the construction of
said improvements as provided by this ordinance. Failure to construct such right -of -way
improvements will result in a gap in and a lack of connectivity of the pedestrian facilities in the
downtown City Center area.
Section 3. Public Use. The improvements demanded by public health, safety, convenience
and necessity consist of those improvements shown on the Right of Way Plans dated June 2015, by
MacKay + Sposito and on file with the City of Federal Way, to wit: the construction of a sidewalk,
retaining walls, street lights, street trees, and an irrigation system, together with all appurtenances
and related work necessary to make a complete improvement in accordance with the project
engineering plans, and other applicable City standards. Said improvements will be a part of right -of-
way owned by the City of Federal Way and open for use by the general public, and therefore the use
of property, encumbrances, and /or easements condemned herein for the construction of said
improvements constitutes a public use.
Ordinance No. 16-
Page 2 of 9
Rev 1/15
Section 4. Property Acquisition Authorized. The Mayor or designee is authorized and
directed to negotiate and prepare such agreements as are customary and necessary for the acquisition
of the real property interests described in Exhibit "A." The Mayor or designee is further authorized to
settle any condemnation litigation or enter administrative settlements (a settlement in lieu of
initiating condemnation litigation) for the acquisition of the real property interests described in
Exhibit "A." Such settlements shall be made only upon the recommendation of legal counsel, for
amounts deemed to be a reasonable estimation of fair market value.
Section 5. Condemned Property. The City Council of the City of Federal Way, after
reviewing the planned improvements, hereby declares that the property, encumbrances, and/or
easements located within the City of Federal Way, legally described and depicted in Exhibit "A"
attached hereto and incorporated herein by this reference ( "Property "), shall be and hereby are
condemned, appropriated, taken, and /or damaged for the public use and purpose in installing
right -of -way improvements described in Section 2 above. The condemnation, appropriation,
taking, and /or damaging of the Property includes the right to make all necessary slopes for cuts
and fills upon adjacent lands in the reasonable original grading and maintenance of the right -of-
way facilities, as well as temporary easements to enable construction of said improvements.
Further, the condemnation, appropriation, taking and /or damaging of the Property shall be
subject to paying just compensation to the owners thereof in the manner provided by law.
Section 6. Condemnation Legal Action. City staff is directed to exhaust reasonable
negotiation efforts to purchase such property. In the event that these negotiations are unsuccessful,
the City Attorney or other attorney selected by the Mayor or designee is hereby authorized and
directed to file all necessary actions and proceedings provided by law to condemn, take, damage, and
Ordinance No. 16- Page 3 of 9
Rev 1/15
appropriate the Property in order to carry out the provisions of this ordinance, and is further
authorized in conducting said condemnation proceedings and for the purpose of minimizing
damages, to stipulate as to the use of the Property and as to the reservation of any right of use to the
Property owner(s), provided that such reservation does not interfere with the use of the Property by
the City as provided in this ordinance. The City Attorney is further authorized to adjust the location
and /or width of any of the Property and /or easements condemned or taken therein, or take other such
actions, in order to minimize damages, provided that said adjustments do not interfere with the use of
the Property by the City as provided in this ordinance.
Section 7. Source of Funds. The entire cost of the property acquisition authorized by this
ordinance, including all costs and expenses of condemnation proceedings, shall be paid out of the
general fund and available grants.
Section 8. 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 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 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.
Ordinance No. 16- Page 4 of 9
Rev 1/15
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 take effect and be in force thirty (30) days
from and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this day of
, 20 .
ATTEST:
CITY OF FEDERAL WAY
MAYOR, JIM FERRELL
CITY CLERK, STEPHANIE COURTNEY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, AMY JO PEARSALL
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
Ordinance No. 16-
Page 5 of 9
Rev 1/15
Ordinance No. 16-
EXHIBIT A
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01 Feb 2016
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NWCC CENTER PLAZA, LLC
Owner Name
NWCC CENTER PLAZA
Business Name
(TOTAL AMOUNT
2012 S 320TH ST
Site Address
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Page 6 of 9
Rev 1/15
EXHIBIT A
LEGAL DESCRIPTION FOR THE RIGHT OF WAY ACQUISITION OF 21ST AVENUE S. (PARCEL 092104-
9297)
THAT PORTION OF PARCEL B OF THE CITY OF FEDERAL WAY BOUNDARY LINE ADJUSTMENT
NUMBER BLA 06- 106111 -SU RECORDED UNDER RECORDING NUMBER 2006129900009, KING
COUNTY WASHINGTON, SITUATE IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER
OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 4 EAST, W. M. FOR ACQUISITION WITH THE
PURPOSE OF PEDESTRIAN ACCESS AND ROAD IMPROVEMENTS LAYING EASTERLY OF THE
FOLLOWING DESCRIBED LINE;
COMMENCING AT THE NORTHEAST CORNER OF SAID PARCEL B;
THENCE NORTH 88 °16'36" WEST A DISTANCE OF 13.00 FEET TO THE BEGINNING OF THE
DESCRIBED LINE;
THENCE SOUTH 1 °28'42" WEST A DISTANCE OF 31.14 FEET TO A CURVE HAVING A RADIUS OF
215.00 FEET;
THENCE SOUTHERLY ALONG SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF
19 °45'08" A DISTANCE OF 74.12 FEET TO A REVERSE CURVE HAVING A RADIUS OF 155.00 FEET;
THENCE SOUTHERLY ALONG SAID REVERSE CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE
OF 19 °44'39" A DISTANCE 53.41 FEET;
THENCE SOUTH 1 °28'13" WEST A DISTANCE OF 329.44 FEET TO A CURVE HAVING A RADIUS OF
215.00 FEET;
THENCE SOUTHERLY ALONG THE SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF
13 °27'19" A DISTANCE OF 50.49 FEET TO A REVERSE CURVE HAVING A RADIUS OF 155.00 FEET;
THENCE SOUTHERLY ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF
13 °27'19" A DISTANCE OF 36.40 FEET;
THENCE SOUTH 1 °28'13" WEST A DISTANCE OF 1.32 FEET TO A CURVE HAVING A RADIUS OF
18.50 FEET;
THENCE SOUTHWESTERLY ALONG SAID CURVE TO THE RIGHT THROUGH
A CENTRAL ANGLE OF 94 °15'29" A DISTANCE OF 30.43 FEET;
THENCE SOUTH S °45'27" WEST A DISTANCE OF 12.53 FEET;
THENCE SOUTH 5 °43'41" WEST A DISTANCE 3.07 FEET TO THE SOUTH
LINE OF SAID PARCEL B AND THE TERMINUS OF THE DESCRIBED LINE.
Ordinance No. 16-
Page 7 of 9
Rev 1/15
CONTAINING 7,606 SQUARE FEET MORE OR LESS.
Ordinance No. 16-
,,,%' NNI IHdUUUpUHHNAIRINNIIIII,NIIINUu ,,.,
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Page 8 of 9
Rev 1/15
EXHIBIT A -1 FOR THE CITY OF FEDERAL WAY
RIGHT -OF -WAY AQUISITION
FEDERAL WAY, KING COUNTY WASHINGTON STATE
BEGINNING OF THE
DESCRIBED LINE
LINE TABLE
LINE #
DIRECTION
LENGTH
L1
N88'16'36 "W
13.00'
L2
S1'28'42 "W
3114'
L3
S1'28'13 "W
329.44'
L4
S1'28'13 "W
1.32'
L5
S5'45'27 "W
12.53'
L6
S5'43'41 "W
3.07'
CURVE TABLE
CURVE*
LENGTH
RADIUS
DELTA
C1
74.12'
215.00'
19'45'08"
C2
53.41'
155 00'
19'44'39"
C3
50.49'
215.00'
13'27'19"
C4
36.40'
155.00'
13'27'19"
C5
30.43'
18.50'
94'15'29"
100 0 50 100
1 Inch = 100 ft.
L1
NE CORNER
L2 - PARCEL B
Cl
C2
ACQUISITION LIN
L3
K. C RECORDING NO 20061229900009
C3
C4
L4
SOUTH LINE OF C5
PARCEL B L5
L6
TERMINUS POINT
OF THE DESCRIBED LINE -
21ST AVE SE
EXISTING
RIGHT OF WAY
MacKay % Sposito 33400 8th Avenue South, Suite 130
Federal Way, Wa. 98003
ENERGY PUBLIC WORKS LAND DEVELOPMENT FEDERAL WAY: (253) 205 -8700
VANCOUVER: (360) 695 -3411
www.mackaysposito.com
Ordinance No. 16-
-N-
PAGE 1 OF 1
Page 9 of 9
Rev 1/15
1 of 2
PSRC Project Progress Report
Project Information
TIP Project ID: FW -22
Project Title: 21st Ave SW (S. 316th Street to S. 320th Street) Pedestrian
Sponsoring Agency: Federal Way
Project Type: Capital project
Submitted: N/A
Project Contacts:
Person Completing Form
John Mulkey, Street Systems Manager
253 - 835 -2722 I john.mulkey @cityoffederalway.com
Project /Grant Manager
Marwan Salloum, Public Works Diretcor
253 - 835 -2720 I marwan.salloum@cityoffederralway.com
Project Progress
Project on schedule: Yes
Project Milestones
Preliminary Engineering & Design
Obligation date: January 28th, 2015
Design Status: 90%
PE /Design completed: No Completion Date: June 1st, 2015
Environmental docs Yes Completion Date: April 27th, 2015
approved:
Work needed to achieve the expected Completion Date:
N/A
Anticipated level of environmental documentation under the NEPA for this project:
Categorical Exclusion (CE)
Right of Way
Obligation date:
Right of Way plans approval:
June 2nd,
2015
Yes
Right of Way PFE or TCE preparation: Yes
Right of Way relocation plan No
requirement:
Right of Way certified:
2 of 2
Completion May 14th,
Date: 2015
Completion May 14th,
Date: 2015
No Completion April 29th,
Date: 2016
Work needed to achieve the expected Completion Date:
There is a single property owner and negotiations have not led to settlement. The City will be
moving forward with condemnation and expect to acquire Possession and Use upon approval
of the ordinance and subsequent filing in court. Upon receiving Possession and Use the City
will seek Right of Way certification.
Construction/Implementation
Obligation date: N/A
Permits and agreements N/A Completion Date: N/A
secured:
Project advertised: N/A Completion Date: N/A
Contract awarded: N/A Completion Date: N/A
Contract completed: No Completion Date: December 31st, 2017
Work needed to achieve the expected Completion Date:
The City does not have funding for construction of this project. The City will be pursuing grant
opportunities for construction. The construction completion date is an estimate. When funding
becomes available, the date will be refined.
Project Finances and Expenditures
Have there been changes to the total estimated project cost ?: No
Last bill submitted on:
Next bill to be submitted on:
Other comments:
N/A
January 15th, 2016
February 25th, 2016