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FEDRAC PKT 6-27-2017 CITY OF t. Federal Way FINANCE/ECONOMIC DEVELOPMENT/REGIONAL AFFAIRS COMMITTEE [FEDRACI TUESDAY—June 27,2017 FEDERAL WAY CITY HALL 4:30 P.M. AGENDA HYLEBOS ROOM 1. CALL TO ORDER 2. PUBLIC COMMENT: 3. COMMITTEE BUSINESS Page Presenter/ Action or Topic Title/Description # Time Allotted Discussion A. APPROVAL OF SUMMARY MINUTES -APRIL 25,2017 3 R. BUCK ACTION 5 MINUTES 6/27 Committee B. APPROVAL OF SUMMARY MINUTES -MAY 23,2017 7 R.BUCK ACTION 5 MINUTES 6/27 Committee C. REMODELING OF THE POLICE CRIME SCENE VAN 11 S. NEAL ACTION 10 MINUTES 7/05 Council Consent RESOLUTION:AUTHORIZING THE MAYOR,OR DESIGNEE,TO D. ENTER INTO GOODS AND SERVICE AGREEMENTS FOR UP TO 31 R.CALL ACTION $50,000 PER CONTRACT FOR EVENTS AT THE PAEC ZO MINUTES 7/05 Council Consent E. SEATTLE SMSA LIMITED PARTNERSHIP DBA VERIZON WIRELESS 37 R.CALL ACTION SITE LEASE AGREEMENT 10 MINUTES 7/05 Council Consent F. PAEC MONTHLY REPORT 59 A.ARIWOOLA DISCUSSION 10 MINUTES G. INVESTMENT PORTFOLIO MEMORANDUM 61 A.ARIWOOLA DISCUSSION 5 MINUTES H. MONTHLY FINANCIAL REPORT- MAY 2017 63 A.ARIWOOLA ACTION 10 MINUTES 7/05 Council Consent I. VOUCHERS—MAY 2017 79 A.ARIWOOLA ACTION 5 MINUTES 7/05 Council Consent BID AWARD:ORCHESTRA CHAIRS,MUSIC STANDS AND WALK- T.YVONNE ACTION EQUIPMENT FOR THE PAEC ON 5 MINUTES 7/05 Council Consent BID AWARD:OFFICE FURNITURE FOR THE PAEC WALK- T.YVONNE ACTION ON 5 MINUTES 7/05 Council Consent BID AWARD:EVENT FURNITURE FOR THE PAEC WALK- T.YVONNE ACTION ON 5 MINUTES 7/05 Council Consent 4. OTHER: 5. FUTURE AGENDA ITEMS: NEXT MEETING: Tuesday,July 25,2017 @ 4:30 City Staff: Dini Duclos, Chair Ade Ariwoola, Finance Director Susan Honda Robyn Buck,Administrative Assistant Martin Moore 253-835-2527 CITY OF Federal Way This page was intentionally left blank. 2 City Council Finance/Economic Development/Regional Affairs Committee Tuesday,April 25, 2017 Federal Way City Hall 4:30 p.m. SUMMARY MINUTES Hylebos Conference Room CALL TO ORDER: Committee Chair Duclos called the meeting to order at 4:30 p.m. COMMITTEE MEMBERS IN ATTENDANCE: Councilmember Honda, Councilmember Moore COMMITTEE MEMBER EXCUSED: COUNCILMEMBERS IN ATTENDANCE: Deputy Mayor Burbidge, Councilmember Koppang. STAFF MEMBERS IN ATTENDANCE: Finance Director, Ade Ariwoola; City Attorney, Ryan Call; Deputy Public Works Director/PAEC Project Director, EJ Walsh; PAEC Executive Director, Theresa Yvonne; Accounting Supervisor, Chase Donnelly; Administrative Assistant, Robyn Buck. OTHERS PRESENT: PUBLIC COMMENT: APPROVAL OF SUMMARY MINUTES: Motion to approve the March 28, 2017 minutes as presented; motion seconded and carried 3-0. SUSTAINABLE REVENUE MEETING WITH CHAMBERS: Presented by Committee Chair, Duclos. Mr. Ariwoola and Committee Chair Duclos attended the sustainable revenue meeting with Chambers and it went well. Lakehaven had two Commissioners present at the meeting. They were adamant about not wanting a Utility Tax. There were ideas about working with the community on a LID LIFT. There were also some comments about the Admissions Tax being capped. The next meeting is on Thursday, April 26. Mr. Ariwoola has been asked to present our PAFR to show how we compare with other cities. In comparison with individual utility bills, we currently have one of the lowest water and sewer rates. A Levy LID LIFT would not be available for several years. Committee Chair Duclos would like to have a recommendation to take to a Council study session in the fall. Committee Chair Duclos would like to have a lengthier discussion about the possibilities at the next FEDRAC meeting. City Attorney Call will provide information from MRSC regarding lid lifts. 3 No further action. AUTHORIZE FOOD AND BEVERAGE MANAGEMENT AGREEMENT WITH SMG FOOD AND BEVERAGE: Presented by PAEC Executive Director, Theresa Yvonne. The PAEC food and beverage agreement includes a management fee percentage of gross revenues or $50k, whichever is greater. Capital contribution is part of the agreement for kitchen and banquet services and is amortized over 5 years. Motion to forward the bid award for the food and beverage contact to SAVOR to the May 2, 2017 consent agenda for approval; motion seconded and carried 3-0. PAEC AUTHORIZATION TO BID: STAGE DRAPERIES (D): Presented by PAEC Executive Director, Theresa Yvonne. Ms. Yvonne provided a memo that outlined/summarized each of the Authorization to Bid Requests. PAEC AUTHORIZATION TO BID: AUDIO VIDEO AND COMMUNICATIONS EQUIPMENT (E) PAEC AUTHORIZATION TO BID: PRODUCTION LIGHTING EQUIPMENT (F) PAEC AUTHORIZATION TO BID: FACILITY SIGNAGE PACKAGE (G) PAEC AUTHORIZATION TO BID: ORCHESTRA CHAIRS, MUSIC STANDS, AND EQUIPMENT (H) PAEC AUTHORIZATION TO BID: PLATFORMS AND RISER EQUIPMENT (1) PAEC AUTHORIZATION TO BID: FURNITURE (J) PAEC AUTHORIZATION TO BID: SMALL TOOLS AND EQUIPMENT (K) Motion to forward Option 1 for items D-K to the May 2, 2017 consent agenda for approval; motion seconded and carried 3-0. PAEC QUARTERLY REPORT: Presented by Finance Director, Ade Ariwoola. Mr. Ariwoola will provide a monthly report from this point forward. The cash accumulated as of the end of March is $21.82m against the $33.18m. The three items that we need to wrap up are the hotel site, naming rights, Inter-fund New Market bonding. The total of these is $11.28m. The Inter-fund loan was approved for $13m. By the time construction is finished, it is possible to have $6-7m left over from the Inter-fund loan. By Friday we will have borrowed $3.13m from the Inter-fund loan. We will start reporting employment for the section 108 loan as soon as the entire down town construction is complete. No further action. 4 SCORE QUARTERLY REPORT: Presented by Finance Director, Ade Ariwoola. The March 2017 total population is 281. 91 are counted towards the City of Federal Way. We are still doing well in comparison to 2016 despite the fact that the entire system is going up. No further action. MONTHLY FINANCIAL REPORT - MARCH 2017: Presented by Finance Director, Ade Ariwoola. Mr. Ariwoola summarized the Monthly Financial Report for March 2017. Notable areas include: • Dumas Bay — Doing reasonably well and are above 2016 • Sales Tax — Holding steady • REET— We will receive $227k from the sale of The Commons. We received $461k from the sale of the Pavilion Apartments. • Utility Tax — 14% above ytd budget • Fund Balance - reasonably well in all areas The Deputy Mayor would like to know the number of rooms and the frequency of use for Dumas Bay. Motion to forward approval of the March 2017 Monthly Financial Report to the May 2, 2017 consent agenda for approval; motion seconded and carried 3-0. VOUCHERS— MARCH 2017: Presented by Finance Director, Ade Ariwoola. PAEC items are not included in this month, but will be next month. Motion to forward the Vouchers to the May 2, 2017 consent agenda for approval; motion seconded and carried 3-0. OTHER: • Tim Johnson — did not attend, but I distributed the report NEXT MEETING: Tuesday, May 23, 2017 @ 4:30 p.m. MEETING ADJOURNED: 5:45 p.m. 5 CITY OF Federal Way This page was intentionally left blank. 6 City Council Finance/Economic Development/Regional Affairs Committee Tuesday, May 23, 2017 Federal Way City Hall 4:30 p.m. SUMMARY MINUTES Hylebos Conference Room CALL TO ORDER: Committee Chair Duclos called the meeting to order at 4:30 p.m. COMMITTEE MEMBERS IN ATTENDANCE: Councilmember Honda, Councilmember Moore COMMITTEE MEMBER EXCUSED: COUNCILMEMBERS IN ATTENDANCE: Deputy Mayor Burbidge STAFF MEMBERS IN ATTENDANCE: City Attorney, Ryan Call; Deputy Public Works Director/PAEC Project Director, EJ Walsh; PAEC Executive Director, Theresa Yvonne; IT Manager, Thomas Fichtner; Economic Development Director, Tim Johnson; Deputy Police Chief, Stephen Neal; Accounting Supervisor, Chase Donnelly; Administrative Assistant, Robyn Buck. OTHERS PRESENT: PUBLIC COMMENT: Motion to amend the agenda and move items G-K to the beginning of the agenda; motion seconded and carried 3-0. APPROVAL OF SUMMARY MINUTES: Motion to approve the April 25, 2017 minutes; motion withdrawn. Deputy Mayor Burbidge requested that there be clarification on a sentence in the Sustainable Revenue Meeting with Chambers section and brought back to the June FEDRAC meeting for approval. AUTHORIZE PURCHASE OF STAGE DRAPERIES FOR THE PERFORMING ARTS & EVENT CENTER: Presented by PAEC Executive Director, Theresa Yvonne. Ms. Yvonne is not asking for alternate bids at this time. At this time, there is money available in the contingency/FFE for the draperies only. As the contingency money becomes available, probably in June, Ms. Yvonne will move forward with purchasing the items with other two bid award recipients (AV equipment and lighting). 7 Motion to forward Option 1 (award contract to Rose Brand) to the lune 6, 2017 business agenda for approval; motion seconded and carried 3-0. AUTHORIZE PURCHASE OF AUDIO VIDEO AND COMMUNICATIONS EQUIPMENT FOR THE PERFORMING ARTS & EVENT CENTER: Presented by PAEC Executive Director, Theresa Yvonne. Morgan Sound was the lowest responsible bidder. We have done considerable business with Morgan Sound. The company is a family owned small business from Lynnwood. This will not be moved upon until after the money from the contingency/FFE becomes available. Motion to forward Option 1 (award contract to Morgan Sound) to the lune 6, 2017 business agenda for approval; motion seconded and carried 3-0. AUTHORIZE PURCHASE OF PRODUCTION LIGHTING EQUIPMENT FOR THE PERFORMING ARTS & EVENT CENTER: Presented by PAEC Executive Director, Theresa Yvonne. Pacific Northwest Theatre Associates, Inc. (PLATA) was the lowest responsible bidder. Motion to forward Option 1 (award contract to PLATA) to the lune 6, 2017 business agenda for approval;motion seconded and carried 3-0. UPDATE ON PAEC FFE: Presented by PAEC Executive Director, Theresa Yvonne. Some of the items will wait until after construction costs are tallied. No further action. UPDATE ON PAEC NAMING RIGHTS: Presented by PAEC Executive Director, Theresa Yvonne. There is nothing further to report. Ms. Yvonne will be going back to one of the companies that was not interested in naming the building, but may be interested in naming the theater. It was suggested by Chair Duclos to look at nonprofit organizations for naming rights. No further action. 8 ORDINANCE: ZAYO FRANCHISE ORDINANCE AMENDMENT: Presented by IT Manager, Thomas Fichtner. There is language added under section five as to the location which includes "accept and approve per the Variance Procedures" as established in section eleven of the Federal Way Revised City Code. This is linking the requested variance with the ordinance to go aerial. This will not allow them to install new aerial infrastructure, but they can add to the old poles, if needed. Using existing poles is cost saving and causes less disturbance in the right of way. Motion to forward the proposed Ordinance to the lune 6, 2017 Council agenda for the first reading; motion seconded and carried 3-0. ZAYO CONDUIT SPACE LEASE AGREEMENT AMENDMENT: Presented by IT Manager, Thomas Fichtner. Mr. Fichtner distributed a draft of the amendment to the previous agreement. What we are leasing to them and what they are going to do for us will remain the same. In exchange for using out conduit, they have built a lot of infrastructure for us. By accepting this amendment, we will receive faster internet service, direct connection to Valley Com, connectivity to City of Auburn, connectivity to Federal Way Center Building, Cogent Data Center, and a substantial amount of fiber build out. To build our own fiber, it could be one million dollars. This agreement is extremely beneficial to economic development in the City, faster internet service for employees and impact Safe City by helping traffic timing. Zayo is a commercial provider which is beneficial for businesses in Federal Way. Motion to forward the proposed agreement to the lune 6, 2017 consent agenda for approval; motion seconded and carried 3-0. PAEC MONTHLY REPORT: Presented by Accounting Supervisor, Chase Donnelly. The City accessed the Inter Fund Loan in April in the amount of $3.24 million. Mr. Donnelly reported that we have spent about 76% of the total construction budget. The loan can be paid back at any time without penalty. No further action. MONTHLY FINANCIAL REPORT - APRIL 2017: Presented by Accounting Supervisor, Chase Donnelly. Mr. Donnelly summarized the Monthly Financial Report for April 2017. Notable areas include: 9 • Dumas Bay — Doing well • Sales Tax — Doing well, .4% above 2017 year to date budget • REET— Doing well, sale of Pavilion Apartments ($461K received), sale of Commons ($227K received) • Utility Tax — Doing reasonably well, 9.9% above 2016 year to date actual • Fund Balance — Doing well • CD Permits and Fees — Doing well, 3% above 2017 year to date budget The Dumas Bay assessment showed that we are doing all the immediate things we can to save money. It was requested that Mr. Ariwoola re-send his email regarding ST3 and revenue. Chair Duclos has requested a study session prior to an upcoming Council meeting to explore/re- examine all options on generating revenue. Motion to forward approval of the April 2017 Monthly Financial Report to the lune 6, 2017 consent agenda for approval; motion seconded and carried 3-0. VOUCHERS—APRIL 2017: Presented by Accounting Supervisor, Chase Donnelly. Mr. Donnelly was asked about payment made to MSC Crab Feed for $180. Mr. Donnelly will research and provide the answer tomorrow. Occasionally, businesses over pay for their business registration and request a refund for the overpayment. Motion to forward the Vouchers to the lune 6, 2017 consent agenda for approval; motion seconded and carried 3-0. TOURISM ENHANCEMENT GRANT- CYCLE 2 2017: Presented by Economic Development Director, Tim Johnson. It is proposed that the DESNA Cup, Federal Way Little League, and Powellswood Story Telling (the fourth recipient was not mentioned) receive grant money. Federal Way Knights was the only application rejected because they make almost $70k per year. Motion to forward the summer/winter 2017 TEG awards recommended by the LTAC to the lune 6, 2017 consent agenda for approval; motion seconded and carried 3-0. NEXT MEETING: Tuesday, June 27, 2017 @ 4:30 p.m. MEETING ADJOURNED: 5:43 p.m. 10 COUNCIL MEETING DATE: July 5,2017 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:REMODELING OF THE POLICE CRIME SCENE VAN POLICY QUESTION: Should the police department use replacement and reserve funds to pay for the redesign and remodeling of the crime scene van through Tri-Van Truck Company? COMMITTEE: Finance/Economic Development/Regional Affairs MEETING DATE: June 27,2017 Committee(FEDRAC) CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Case Jones, Commander DEPT: Police Attachments: 1. FEDRAC Memo t. Trrv� Tit r� Options Considered: 1. Accept the recommendation to redesign and remodel the crime scene van through Tri-Van. 2. Reject the recommendation to redesign and remodel the crime scene van through Tri-Van. MAYOR'S RECOMMENDATION: #1 Accept the recommendation to redesign and remodel the crime scene van through Tri-Van. MAYOR APPROVAL: I1' ��--7 DIRECTOR APPROVAL: Citn tillI IniiiaVDate Initial/Date Initial/Date COMMITTEE RECOMMENDATION: I move to forward the request to redesign and remodel the Police Crime Scene Van through Tri-Van Truck Company to the July S, 2017 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the request to redesign and remodel the currently owned police crime scene van through Tri-Van Truck Company, and authorized Chief of Police Andy Hwang to approve purchase of redesign and remodel. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED IST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—11/2016 RESOLUTION# � ' 11 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: June 27, 2017 TO: Finance/Economic Development/Regional Affairs Committee (FEDRAC) VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Police Chief SUBJECT: Request to purchase of redesigning and remodeling of the police department crime scene van. Backf"1-01111d The detectives in the police department respond to major crimes in a van called the crime scene van. The van contains equipment, materials, supplies, and electronics that help detectives investigate, document, and solve major crimes. The detectives operate out of this van to search for, process, and retain evidence. The current van set up is substandard for the following reasons: 1. The roof seams have persistently leaked for several years now. Despite using marine- grade sealants for spot repairs, a full reseal of the roof is necessary if the vehicle is not replaced or refurbished. 2. There are two skylights in the rear work area. Because the vehicle is stored outdoors,the skylights are a constant source of accumulated interior condensation. This condensation often drips on to the workbench(which is now cracked from water damage) and occasionally onto equipment. During the summer months, the skylights create a greenhouse effect, causing excessive heat to build inside the van. This is particularly challenging during deployment, as the air conditioning is unable to cool the space. After IT installed a new printer it failed in the first month due to excessive heat. The printer has not been replaced because of that unresolved issue. 3. Due to the moisture exposure from being stored outside, combined with the roof leak and skylight condensation, the van has had a persistent mold issue. 4. The van was initially equipped with three exterior scene lights. One of those lights has not worked since the aftermarket cabinets were installed shortly after purchase from the vendor (not a vendor issue). The problem has been traced to a short caused by one or more of the cabinet screws. The exact location of the short cannot be located and repaired without significant expense, including the removal of the interior cabinets and walls. It is unlikely the repair of this light will be beneficial, as they do not provide sufficient lighting for large outside crime scenes. 5. In the field, the lighting, heat/AC unit, computer, and other accessories are powered by a generator which is rated for 3,500 watts and is a consumer-grade product. Use of the generator is necessary at scenes where shore power is not available. The muffler on the generator is inadequate and is sometimes too loud for use at nighttime or in certain areas (apartment complexes, etc.). The generator frequently fails and requires subsequent repairs and maintenance. Additionally,the fuel capacity is limited and requires refilling 12 during extended deployments. 6. Storage remains an ongoing issue with the van, due to a poor original layout. This has caused weight imbalances that have affected the handling of the van at highway speeds. Additionally, the main interior tool chest has failed. The drawers no longer lock closed and frequently open unexpectedly while driving. This has caused tools and supplies to dislodge during transport. 7. The computer (MDT) was recently replaced with a newer model. The new computer is no longer compatible with the existing dock. A new dock is estimated to cost about $600. 8. Due to the low mileage on the vehicle itself, this option could extend the life of the van for several years. Detective Vanderveer met with the original vendor of the van and identified three potential options for addressing the issues above. Option A: A full replacement of the van. Although just a rough estimate, it would cost about $160,000 to replace the van with a comparable size/model that is fully equipped. Option B: A full rebuild of our current van. This would address all the current issues. The work area would be completely upgraded with appropriate storage and workstations. The skylights would be removed and all wiring redone. A RV-type generator would be installed in a sound- reducing enclosure. The generator would be integrated with the main fuel tank, eliminating the need for refueling at a scene. We solicited bids from TriVan Truck Company,Braun NW, and Heiser Body Company—companies that build or retrofit these types of vehicles. TriVan(a company in Ferndale, WA) bid approximately $80,504.31, Braun NW(a company in Chehalis, WA) bid approximately $145,000, and Heiser(a company in Seattle, WA) has not sent a bid because they subcontract the cabinets and had not heard from their subcontractor. Option C: This option would individually address each of the itemized issues. This option does not seem cost effective and is unlikely to fully address all the present issues. The police department recommends option B—the refurbishing of the van—with Tri-Van as the vendor. The funds to accomplish this project would come from the replacement/reserve for the current crime scene van. 13 w 1385West SMINfl rayl,flrrl/0491e,WA 98288 P1i9fle.13881389©73 fax!3881312-1398 Customer:Federal Way PD Project: Refurbish TriVan Unit 1099 Tuesday,May 13,2017 NOTE:This quote reflects changes requested in drawings from Jeff Vanderveer Dimensions of existing body: TriVan Unit number 1099 Remove all interior cabinetry/lining &strip to bare shell(note:leave insulation if possible) Rear Bumper rebuild: Rebuild rear bumper so there are(3)even steps between van floor and ground includes full width rear flip step all steel construction incorporate trailer hitch and safety"D"rings in lowest step of bumper Roof rebuild: Remove roof skin Remove framing for 2 skylights Install and seal new one piece roof skin with no provision for skylights Roof mounted toolboxt Build and install one(1)roof mounted toolbox approx 6'Long x 2'Wide x 16"Deep aluminum construction with single lid with gas struts with stainless steel door opening hardware weatherproof standoffs to space box from roof by 1" with drain holes in bottom of box Roof Access Ladder: At right rear corner: aluminum wall mounted ladder to access roof mounted toolbox with traction material on individual treads designed so top of ladder is same height as roof mounted toolbox(for safest climbing) 120V AC Electrical Installation: Includes basic 120V Electrical Package Includes Blue Sea Systems Electrical Distribution Panel Includes 30A shorepower plug(with simple adapter to allow connection to 20A plug) Includes Automatic Transfer Switch to select between shorepower and generator power Includes 12 plugs in various locations inside vehicle(exact locations TBD) *this will be on 2 separate 15A circuits *NOTE:(4)plugs will have 5V USB charge ports built in to outlets,to charge phones Includes 2 outside GFCI plugs *on one separate circuit *installed on curbside exterior orbody Includes Xantrex Battery charger to charge(2)house batteries Includes power strip above work surface on curbside of vehicle 12 Volt Electrical: All exterior lighting on vehicle replaced with 2016 TriVan LED DOT Lighting with 3/4"LED bullet marker lights with LED Stop/Tail/Turn lights with LED License plate lights with LED backup lights NOTE:all"HOUSE" 12V power will be managed through Blue Sea Systems panel including 12V battery level including generator start switch Supply and install(4)Whelen 400 Series LED Scene lights,at locations for existing exterior lights -switched by single pole switch at rear door 14 Supply and install(2)Whelen 500 Series LED Scene lights on rear face of truck -switched by single pole switch at rear door Interior lighting:supply and install(10)Maxxima M84435A surface mount LED lights on ceiling of Interior Lighting: vehicle) switched by single pole switch at rear door installed in(2)rows of 5 along centerline of ceiling supply and install(1)Whelen M84435A surface mounted LED light above work surface switched by single pole switch at rear door supply(2)12V House batteries and install in existing underfloor compartment charged by Xantrex battery charger NOTE:these will be monitored by voltage meter in Blue Sea Systems panel Exterior Emergency Lighting: Supply and install(4)Whelen 400 Series LED RED/BLUE emergency lights(2 per side) Supply and install(2)Whelen 500 Series LED RED/BLUE emergency lights on outer edges of rear face Supply and install(2)Whelen 500 Series LED RED/BLUE emergency lights on front face of kickover -installed so they are vertical All emergency LED Lighting switched via single pole switch on dash of vehicle -with momentary switch to change flash paltem Generator: Includes supply and installation of Cummins Onan 4000 Watt gasoline Generator -with 4000 watts of power@ 120VAC(no provision for 240V) Installed in existing generator compartment on roadside -tied to chassis fuel supply so no separate tank is required Includes sound attenuation on existing generator compartment Includes modification of existing computmcnt for ventilation and service access Climate Control: Includes a 15,000 BTU Carrier Roof Mounted A/C Unit NOTE:moved forward of current location -with built in heat strip(note:these provide only minimal heat) Includes a 1,500 Watt Stiebel Eltron space heater -installed in open spacc under work surface on curbside of vehicle Floor: Sand and varnish existing hardwood floor Interior Finishing: Touch up insulation where necessary Interior lined in.063"aluminum skin lining Build and install a solid wall to isolate overcab storage area from rear of body -includes(2)sliding doors to allow easy access to overcab stontl;c area Interior Cabinetry: All interior cabinetry of aluminum All cabinetry built of 1/8"aluminum plate with Heavy Duty Hardware Cabinetry painted white using Ford Z White(urethane enamel) *with clear coat over locker doors for use as dry-wipe marker surface All cabinetry features hardware that will not open during transit Cabinet 1) Location:Roadside forward position Dimensions:48"Wide x Full height x 24"Deep Doors:Aluminum plate construction,vented at top Shelving:(3)infinitely adjustable height shelves built of aluminum plate Hardware:rotary"D"handle door latches with positive locking rods into upper and lower frame Notes: Cabinet 2) Location:Roadside all of cabinet 1 Dimensions:48"Wide x Full height x 24"Deep Doors:Aluminum plate construction,vented at top Shelving:(3)infinitely adjustable height shelves built of aluminum plate Hardware:rotary"D"handle door latches with positive locking rods into upper and lower frame Notes: Cabinet 3) Location:Roadside of vehicle,facing REAR of vehicle Dimensions:24"Deep x 24"Wide x Full height 15 Doors:none(only accessible when rear door opens) Shelving:(4)shelves on 120 pound locking ball bearing slides each shelf formed of aluminum,and with a 1"return so items cannot fall out shelves will lock in place so they cannot dump items during transit Hardware: locking ball bearing slides(120 pound minimum) Notes:this cabinet will contain often-accessed items used at a crime scene. Easy accessibility is paramount Cabinet 4) Location:Curbside at rear corner Dimensions:60"Wide x Full height x 24"Deep Doors:Aluminum plate construction,vented at top Shelving:(1)fixed height shelf @ 68"from ground Hardware:rotary'D"handle door latches with positive locking rods into upper and lower frame Notes: Cabinet 5) Location:Roadside aft of cabinet 1 Dimensions:60"Wide x Full height x 24"Deep Doors:Aluminum plate construction,vented at top Shelving:(1)fixed height shelf @ 68"from ground Hardware:rotary"D"handle door latches with positive locking rods into upper and lower frame Notes: Work Surface: Location: between cabinets(4)and(5)on curbside of vehicle 24"Deep x 72"Wide x 42"High from ground built of 1/8"plate aluminum with bullnose fixed and supported by cabinet on either side no legs underneath to support it Work Surface 2(on roadside): Location: between cabinets(2)and(3)on roadside of vehicle 24"Deep x 72"Wide x 42"High from ground built of 1/8"plate aluminum with bullnose fixed and supported by cabinet on either side no legs underneath to support it Paint: Complete exterior repaint of unit to black includes repaint of cab(including doorjambs) Price is for single stage black paint Any necessary bodywork is extra I1clNery: Includes pickup and return of truck from and to Federal Way PD Price: $ 74,061.00 Applicable Taxes Extra Thanks for the opportunity to quote! Please call if I can answer any questions. Cason VanDriel Phone:360-380-0773 Cell:360-319-5911. Fax:360-312-1398 email:cason@trivan.net 16 Lynette Allen From: Casey Jones Sent: Wednesday, May 31, 2017 4:11 PM To: Lynette Allen Subject: FW: Crime scene van Attachments: Federal Way Police Department - Renovation on TriVan Unit 1099 - May 23,....xls From: Jeff VanderVeer Sent: Wednesday, May 24, 2017 15:21 To: Casey Jones Subject: RE: Crime scene van TriVan is the only vendor that has responded to date. Here is their updated quote. Thanks-Jeff From: Casey Jones Sent: Tuesday, May 23, 2017 3:34 PM To: Jeff VanderVeer Subject: Crime scene van Got an update on the crime scene van? i 17 Lynette Allen From: Casey Jones Sent: Wednesday, May 31, 2017 4:14 PM To: Lynette Allen Subject: FW: Crime Scene Truck: Price Estimate Attachments: image001jpg; image003.png; image005.png; image006.png; image007.png From: Jeff VanderVeer Sent: Friday, May 26, 2017 10:41 To: Casey Jones Subject: Fwd: Crime Scene Truck: Price Estimate Braun's quote... I'll get ahold of TriVan about taxes, too. Sent from my iPhone Begin forwarded message: From: Ron Laeger <RonLae_.egerrC braunnorthwest.com> Date: May 26, 2017 at 10:40:07 AM PDT To: "ieffrey.vanderveerCcit offedera[way.com' <ieffrey.van derveer@cityoffederalway.com> Subject: Crime Scene Truck: Price Estimate Good morning,Jeff... Just a quick note to communicate a ballpark price estimate for the Crime Scene truck remount. Using the module drawings that we shared with you and mounting that unit onto the existing 2007 Ford E450, our best ballpark estimate is$145,000. Please let us know any questions you or the team may have. If the price will work with the resources available from the city council, we would be happy to fine tune your specs and drawings and make any presentation necessary if your command would like that level of project interaction. If you'll recall, we captured these key understandings... 1 18 Lynette Allen From: Casey Jones Sent: Wednesday, May 31, 2017 4:14 PM To: Lynette Allen Subject: FW: Crime Scene Truck Idea - Drawings for your preview Attachments: Federal Way Crime Scene Truck Idea.pdf From: Ron Laeger [maiito:R©nl aegerCcbbraunnorthwest.com] Sent: Tuesday, April 25, 2017 12:15 To: Jeff VanderVeer; Casey Jones Subject: Crime Scene Truck Idea - Drawings for your preview Good afternoon, Casey &Jeff... As promised, we have worked up a Crime Scene Truck layout that we believe will meet all the objectives that were before us, This would be utilizing your existing E450 chassis with a new module. Could we ask that you look over the attached drawings and think over if the layout would be close to what you are thinking? Feel free to mark the drawings up and you can either scan and send back via email or you could fax them. We want to make sure we have something you believe would work so we can complete a quick set of preliminary specs and obtain a price proposal. 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POLICY QUESTION: Should the City Council authorize the Mayor or designee to enter into contracts below $50,000 and within the approved budget for the purpose of efficiently booking events at the PAEC? COMMITTEE: FEDRAC MEETING DATE: June 27,2017 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ® Resolution ❑ Other STAFF REPORT................ Ryan.Y .. . ....City. -- _ .rm.....,..�,. ,.-,..,..., Attachments: 1) Staff Report and 2)Proposed Resolution Options Considered: 1)Approve the Resolution as proposed; or 2)Decline to approve the Resolution as proposed. MAYOR'S RECOMMENDATION: Approve the Resolution as Proposed. MAYOR APPROVAL. 1!5 Inp DIRECTOR APPROVAL: dloe C knmit Co il iitiII:11,0 to lnikz.1iIme illith0 late COMMITTEE RECOMMENDATION:I move to forward the Resolution authorizing the Mayor, or designee, to enter into goods and services agreements for up to $50,000 per contract for events at the Performing Arts & Events Center to the July 5, 2017 Business Agenda. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed Resolution authorizing the Mayor or designee to enter into goods and service agreements for up to $50,000 per contract for events at the Performing Arts &Events Center." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—11/2016 RESOLUTION# 31 CITY OF FEDERAL WAY MEMORANDUM DATE: June 14, 2017 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: J. Ryan Call, City Attorney SUBJECT: Proposed Resolution to increase the Mayor or designee's authority to execute entertainment contracts at the PAEC up to $50,000. Under current purchasing policies, the City engages artists and entertainers by executing a Goods and Services Contract. The current authority delegated to the Mayor for goods and services is $20,000. Above that threshold, staff must seek Council approval before the contract is executed. Staff is seeking an exception to this general policy for booking events at the PAEC. The current limitation of$20,000 for executive approval of contracts for shows at the PAEC is impractical for the following reasons: 1) There will be times when the City will need to book entertainers quickly to fill last-minute cancellations or otherwise accommodate a scheduling change. 2) There will be times when the City will have the opportunity to book entertainers with short notice (due to other venues becoming unavailable or an artist booking nearby). 3) While our contracts are subject to public records requests, bringing the extra attention of a public meeting to them is not desirable and may deter some from doing business with us. Most performers' contracts involve a "technical rider"that details very specific personal preferences of the artists involved. For example the dietary preferences of the artists are commonly detailed. 4) Bringing too much attention to the rates we pay for an event may make it more likely that we pay the highest rate that the entertainer charges. Artists do not want to lower their going rate by cutting deals that are highly public. The risk to the City of allowing the Mayor or designee to sign contracts below 32 $50,000 is negligible because the money must first be approved by the City Council as part of the PAEC budget, and because the Mayor, as an elected official, is accountable to the public for the use of this authority. To best minimize the price of acts while maximizing the quality and range of acts available to the City, staff recommends that Council raise the dollar amount that may be authorized by the Mayor or designee to $50,000 for events at the PAEC, so long as the total remains within the approved PAEC budget. 33 RESOLUTION NO. A RESOLUTION of the City of Federal Way,Washington,delegating to the Mayor, or designee, the authority to enter into goods and services agreements for events at the Performing Arts & Events Center. WHEREAS, construction of the City of Federal Way Performing Arts & Events Center ("PAEC") is scheduled for completion during the summer of 2017; and WHEREAS, scheduling events at the PAEC will require goods and services agreements to contract with individuals or companies providing goods and services to the City; and WHEREAS, the Federal Way City Council ("City Council") has approved an operations budget for the PAEC, a portion of which is designated to pay for events; and WHEREAS, staff requires flexibility to negotiate and execute goods and services contracts for timely booking of events at the PAEC; and WHEREAS, time is of the essence to secure such goods and services, and it will not be practical or efficient in many cases for staff to return to City Council to award such contracts for events at the PAEC; and WHEREAS, City Council desires to provide staff with the necessary flexibility to contract for such events; and WHEREAS, City Council has the authority to enter into contracts pursuant to RCW 35A.11.010; and WHEREAS, City Council has the authority to delegate some of its contracting authority; and Resolution No. 17- Page I of 3 Rev 3/17 34 WHEREAS,City Council desires to authorize the Mayor,or designee,to execute such goods and services contracts for events at the PAEC up to a fixed dollar amount. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1.The Mayor,or designee,shall be authorized to execute all contracts and documents for events at the Performing Arts & Events Center including, but not limited to, performances, shows, entertainment, demonstrations, presentations, exhibitions, appearances, arrangements, engagements,expositions,meetings,symposiums,seminars,conventions,conferences,and activities on behalf of the City of Federal Way, up to $50,000.00 per contract and where the amount of the contract falls within the amount budgeted and approved by the City Council through the City's budgeting process. Section 2. Severability.If any section, sentence,clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 3. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 4.Ratification.Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Resolution No. 17- Page 2 of 3 Rev 3/17 35 Section 5. 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 5th day of July, 2017. CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Resolution No. 17- Page 3 of 3 Rev 3/17 36 COUNCIL MEETING DATE: July 5,2017 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: SEATTLE SMSA LIMITED PARTNERSHIP DBA VERIZON WIRELESS SITE LEASE AGREEMENT POLICY QUESTION: Should the City approve the execution of a site lease agreement with SMSA Limited Partnership DBA Verizon Wireless to allow installation and operation of certain equipment for use in connection with its wireless communications services? COMMITTEE: FEDRAC MEETING DATE: June 27,2017 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: J. R an Call Ci Attorne DEPT: Law ................. . - - ........ ..,...,,...... _........__.._ _ ............ _. Attachments: 1. Staff Memo 2. Proposed Site Lease Agreement Options Considered: 1. Approve the Site Lease Agreement and authorize the Mayor to execute the Site Lease Agreement. 2. Take no action and provide direction to staff. MAYOR'S RECommrN ION: Option 1 MAYOR APPROVAL. Cr 1.5 1 -5 IRECTOR APPROVAL: 4144 C:usnl ilwe Counci InItial/Date Biitial/Date Initial/Date COMMITTEE RECOMMENDATION:I move to forward the proposed Lease Agreement to the July S, 2017 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the Seattle SMSA Limited Partnership DBA Verizon Wireless Site Lease Agreement, effective upon mutual execution and authorize the Mayor to sign said agreement. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) ICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED-11/2016 RESOLUTION# 37 CITY OF FEDERAL WAY MEMORANDUM DATE: June 27, 2017 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: J. Ryan Call, City Attorney SUBJECT: Seattle SMSA Limited Partnership DBA Verizon Wireless Site Lease Agreement Background Information: Seattle SMSA Limited Partnership DBA Verizon Wireless seeks to contract with the City through a site lease agreement for a portion of property located near Kitts Corner to allow installation and operation of certain equipment for use in connection with its wireless communication services. Exhibits A and B of the site lease agreement indicate the exact location of the leased space. The site lease agreement is a 5 year term that includes (3) 5 year extensions. Seattle SMSA Limited Partnership DBA Verizon Wireless is agreeing to pay the City $2,731.56 each month with an increase of 3%on January 1St of each calendar year during the term and renewal terms of the lease. There has not been a previous agreement for this specific site location and is a new request. This agreement is substantially similar to other site lease agreements currently in effect for other companies. 38 CITY OF CITY HALL A�k Fe d e ra l Way "IVIIWL�■ 33325 Sth Avenue South y Federal Way,WA 98003-6325 (253) 835-7000 l VL'rl4'.Cf�+7,�F1C��fc7�4 L'C71!COIF? SITE LEASE AGREEMENT This Site Lease Agreement ("Lease") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Seattle SMSA Limited Partnership d/b/a Verizon Wireless, a Delaware limited partnership, whose principal office address is One Verizon Way, Mail Stop 4AW 100, Basking Ridge, New Jersey 07920 ("Tenant"). The City and Tenant are located and do business at the below addresses which shall be valid for any notice required under this Agreement: SEATTLE SMSA LIMITED CITY OF FEDERAL WAY: PARTNERSHIP D/B/A VERIZON WIRELESS: Attn: Network Real Estate City Attorney 180 Washington Valley Road 33325 W"Ave. S. Bedminster,New Jersey 07921 Federal Way, WA 98003-6325 1-800-264-6620 (telephone) (253) 835-2562 (telephone) City is the owner in fee simple of a parcel of land located in the City legally described on the attached Exhibit A (the "Premises"). Tenant desires to lease space on and air space above the Premises as described below for the installation and operation of certain equipment which includes requisite antennas, and connecting cables and appurtenances (collectively, "Equipment") for use in connection with its wireless telephone communications service ("Service"). In consideration of their mutual covenants, the parties agree as follows: 1. Leased Premises. City leases to Tenant and Tenant leases from City, on a non-exclusive basis, a portion of the Premises as legally described in attached Exhibit A,together with necessary space and rights for access and utilities,described and depicted in attached Exhibit B. Tenant may locate its Equipment on the Premises in the manner as described specifically in the attached Exhibit C.Tenant may not add Equipment in addition to that shown on Exhibit C other than as may be approved in writing by the City,which approval may be withheld in the City's sole and absolute discretion. 2. Term. This Lease shall be five(5)years and shall commence on the first(1st)day of the month following the date of execution by the City and Tenant(the"Commencement Date")and shall end at 12:00 a.m. (midnight) on the fifth(5th)anniversary of the Commencement Date. This Lease may be renewed for three(3) additional five(5)year terms upon giving written notice to the City no more than six (6) months before and no later than three (3) months before the end of the current five(5)year term.The City may refuse to renew(i)in the event of breach ofthe Lease during the preceding term, or (ii) any other reason determined by the City for a public purpose in its reasonable discretion. Any such refusal shall be in writing and shall be sent to Tenant at least sixty (60) days prior to expiration of the then current five (5) year term. DWT 29427195v2 0052051-000032 39 CITY OF CITY HALL Way ■ Feder 8th Avenue South ■Y�■Y■ � Federal Way,WA 98003-6325 1�k Federal (253)835-7000 IWAV CfW ffederahVi9y Col n 3. Rent. a. Within sixty (60) days of the Commencement Date and on the first day of each month thereafter,Tenant shall pay to City as rent Two Thousand Seven Hundred Thirty- One and 56/100 DOLLARS($2,731.56)("Rent")per month. Rent for any fractional month at the beginning or at the end of the Term or Renewal Term, if any,shall be prorated. Rent shall be payable to the City at 33325 8th Ave S, Federal Way,Washington 98003;Attention: Finance Department. Tenant shall pay the City a late payment charge equal to five percent (5%) of the amount due for any payment not paid when due. Any amounts not paid when due shall also bear interest until paid at the lesser of the rate of two percent(2%)per month or the highest rate permitted by law. b. The Rent shall be increased by three percent (3%) per year throughout the Term of this Lease and Renewal Terms (if any). Each 3% increase shall become effective January 1 St of each calendar year. C. Within sixty(60)days of the Commencement Date,Tenant shall submit to the City a Security Deposit in an amount of FIVE THOUSAND AND 00/100 DOLLARS ($5,000.00), which shall be refunded at the termination of this Lease if Tenant is not in default of the Lease. In the event Tenant fails to pay Rent or other charges when due,cure periods considered,the City shall deduct such amount from the Security Deposit,and Tenant agrees to immediately refund to the City any such deduction from the Security Deposit. The Security Deposit shall be held by the City without liability for interest. d. Additional Consideration. As additional consideration for this Lease,within sixty(60)days after the full execution of this Lease,Tenant shall reimburse the City for all of the City's costs and expenses to negotiate and execute this Lease, including reasonable attorneys'and consultants'fees and the time expended by the City staff and City Attorney's office, provided that in no event shall such reimbursement amount exceed FIVE THOUSAND and No/100 DOLLARS($5,000.00);and provided further that,as a condition precedent to Tenant's obligation to reimburse the City herein, City shall provide to Tenant documentation of such costs and expenses. 4. Permitted Use of Premises. a. Tenant shall use that portion of the Premises leased herein for the installation, operation, and maintenance of its Equipment to provide Service. The Equipment and Premises may not be used for cable television services. Upon installation of Equipment, Tenant shall replace all lamps within fixtures mounted to replacement pole. b. Tenant shall, at its expense, comply with all applicable present and future federal, state, and local laws, ordinances, rules and regulations (including laws and ordinances relating to zoning, aesthetics, landscaping, fencing, permits, removal and abandonment, screening, health, radio frequency emissions, other radiation and safety) in connection with the provision of Service and the use, operation,maintenance, construction SITE LEASE AGREEMENT -2 - 7/2015 SEA KITTS CORNER DWT 29427195v2 0052051-000032 40 CITY OF CITY HALL Federal 33325 8th Avenue South �"r��.. �,` Federal Wad,WA 98003-6325 J (253) 835-7000 VAVIV C1ty0fkxyVF0hVay coin and/or installation of Equipment on the Premises. Tenant shall obtain all required governmental approvals, authorizations, licenses and permits at Tenant's expense. City agrees to reasonably cooperate with Tenant in obtaining, at Tenant's expense, including reimbursement of City's reasonable attorney, administrative and other related fees, any licenses and permits required by Tenant's use of the Premises. Said cooperation shall in no way infer any special consideration or deviation from the land use and building construction permit approval process of the City that is applicable to the intended use of the Premises by Tenant. C. Tenant shall remove the Equipment from the Premises upon termination of the Lease. Upon removal of the Equipment, Tenant shall restore the Premises to the reasonable satisfaction of the City. All costs and expenses for the removal and restoration to be performed by Tenant shall be borne by Tenant. If however,Tenant requests permission not to remove all or a portion of the improvements, and City consents to such nonremoval, title to the affected improvements shall thereupon transfer to City and the same thereafter shall be the sole and entire property of City, and Tenant shall be relieved of its duty to otherwise remove same. d. The City reserves the right to use the property for such purposes as it shall desire including,but not limited to,constructing or installing structures and facilities on the property,or developing,improving,repairing or altering the property. In furtherance of such rights,the Tenant will, upon the City's demand and at the Tenant's sole cost and expense, remove, repair, relocate, change, or reconstruct the Equipment pursuant to the City's instructions and within the reasonable time period prescribed by the City. 5. Relocation. In the event City desires to redevelop, modify, remodel or in any way alter the Property and/or any improvements located thereon ("Redevelopment"),City shall in good faith use its best efforts to fully accommodate Tenant's continuing use of the Premises. Should any proposed Redevelopment necessitate the relocation of the Tenant's Equipment,Tenant and City shall use best efforts to find a mutually acceptable alternate location for the Tenant's Equipment. Tenant shall relocate or make the necessary alterations, at Tenant's sole cost, expense and risk; provided, however,that City has provided Tenant with no less than one hundred eighty(180)days prior written notice of City's proposed Redevelopment. In the event that Tenant and City cannot agree on an alternate location for Tenant's Equipment on the Property using best efforts, either party may terminate this Lease, the effective termination date being one hundred eighty (180) days after Tenant's receipt of City's notice of the proposed Redevelopment. If the parties agree on an acceptable alternate location for Tenant's Equipment,Tenant and City agree to use their best efforts to amend this Lease to document the new,alternate Equipment location,and from and after the date Tenant begins installation of its Equipment at such new location,such new location shall be deemed the Premises (or part thereof, as applicable)herein. 6. Restoration. In the event that Tenant causes damage of any kind during the course of installing, operating or maintaining the Equipment, including damage to the premises caused by cutting, boring, jack hammering, excavation or other work, and including latent damage not immediately apparent at the time of the work, Tenant shall repair the damage and/or restore the SITE LEASE AGREEMENT - 3 - 7/2015 SEA KITTS CORNER DWT 29427195v2 0052051-000032 41 CITY OF CITY HALL Federal IVa 8th Avenue South � Federal Way,WA 98003-6325 (253) 835.7040 mvtiv cityolf`edero4vay coin right-of-way at its sole cost and expense, without delay or interruption and within the reasonable time period prescribed by the City. Restoration of the premises shall be to a condition, which is equivalent to or better than the condition of the premises prior to commencing the installation, operation or maintenance of the Equipment and to a condition satisfactory to the City. Restoration of the right-of-way surface shall either include six inches(6")of crushed surfacing top course and three inches (3") of asphalt, class AB", or be replaced to the original condition, at the City's sole discretion. Whenever part of a square or slab or existing concrete sidewalk or driveway is cut or damaged, the entire square or slab shall be removed and replaced. All materials and compacting shall be in accordance with the "Standards and Specifications for Road, Bridge, and Municipal Construction," as amended. 7. improvements. Tenant may update or replace the Equipment from time to time without the prior written approval of the City provided that the replacement facilities are not greater in number or size or different in type,color or shape or height than the existing facilities and that any change in their location on the Premises is approved in writing by City. Subject to the foregoing, Tenant may change the Equipment configuration specified in attached Exhibit C with the prior written approval of City. Tenant shall submit to City a written request for any such change and any supplemental materials as may be requested, for City's evaluation and approval. City shall have thirty(30)days after receipt of all requested materials in which to respond to such request and unless City so notifies Tenant to the contrary such approval shall be deemed granted. Except as may be required by FAA or FCC requirements,no lights or signs may be installed on the Premises or as part of the Equipment. Tenant further agrees to monitor the Equipment for fire, smoke, intrusion, and A/C power failure by Tenant's 24-hour electronic surveillance system. In connection therewith,Tenant has the right to do all work necessary to prepare and maintain the Premises for Tenant's business operations and to install transmission lines connecting the antennas to the transmitters and receivers, after reasonable notice to the City. All of Tenant's construction and installation work shall be performed at Tenant's sole cost and expense and in a good and workmanlike manner, in the reasonable determination of the City. Tenant shall also submit a construction schedule to the City for the City's approval,which approval shall not be unreasonably delayed or withheld. 8. Premises Access. Tenant shall have reasonable access to the Premises 24-hours-a-day, 7-days-a-week. City retains and reserves the right to access the Premises at all times. 9. Uti[ities.Tenant shall,at its expense,separately meter charges for the consumption of electricity and other utilities associated with its use of the Premises and shall timely pay all costs associated therewith. 10. Maintenance.. Tenant shall,at its own expense,maintain the Premises and Equipment on or attached to the Premises in a safe condition, in good repair and in a manner suitable to City. Additionally, Tenant shall keep the Premises free of debris, graffiti and anything of a dangerous, noxious or offensive nature or which would create a hazard or undue vibration, heat, noise or any interference with City services.Tenant shall have sole responsibility for the maintenance,repair,and security of its Equipment and leasehold improvements, and shall keep the same in good repair and condition during the Lease term. SITE LEASE AGREEMENT -4 - 7/2015 SEA KITTS CORNER DWT 29427195v2 0052051-000032 42 CITY OF CITY HALL Federal ■ Feder 8th Avenue South Way Federal Way,WA 98003-6325 A�k (253)835-7000 www otyoffedenafway corn 11. Compliance with Laws. Tenant's use of the Premises is subject to its obtaining all certificates,permits,zoning,and other approvals that may be required by any applicable federal,state or local authority. Tenant shall erect, maintain and operate its Equipment in accordance with applicable site standards, statutes, ordinances,rules and regulations now or hereinafter in effect as may be issued by the Federal Communications Commission,the City, or any other federal, state or other governing bodies. Tenant specifically waives any right to claim that any aspect of this Lease is contrary to any provision of any local,state or federal law(including the Telecommunications Act of 1996)in effect as of the date of this Agreement. In addition,Tenant specifically acknowledges that all or a portion of the premises is within a right-of-way subject to City's regulatory authority. Nothing herein shall be deemed to limit, impair or affect City's authority to franchise or otherwise permit usage of rights-of-way pursuant to its regulatory authority. 12. Lease Subject to Future Ordinances.Tenant acknowledges that the City may develop rules, regulations, ordinances and specifications for the use of the right-of-way and City property which shall govern Tenant's Equipment and activities hereunder as if they were in effect at the time this Lease was executed by the City and Tenant covenants and agrees to be bound by same. 13. l nterference. Tenant shall not use the Premises in any way,which interferes with the use of the Premises by City, lessees,licensees,or other entities authorized by the City with rights to the Premises prior in time to Tenant's and in compliance with the requirements of FWRC Chapter 19.255 as it now exists or is hereafter amended. City shall have the right pursuant to FWRC 19.255.060 to grant rights for co-location of other telecommunications facilities on the Premises. In addition, with regard to lessees or licensees whose operations commence after installation of the Equipment hereunder,Tenant shall not make any change in its operations that causes or is intended to cause material interference with such lessees or licensees. All operations by Tenant shall be in compliance with all FCC requirements. 14. Termination. a. Except as otherwise provided herein,this Lease may be terminated,without penalty to City or further liability of City, as follows: i. Upon thirty(3 0)days written notice by either party for failure to cure a default or breach, including non-payment of amounts due under this Lease, within that thirty (30) day period; or such longer period as may be required to diligently complete a cure commenced within the thirty (30) day period; ii. Upon ninety(90)days written notice by Tenant in its sole discretion that the use of Premises is obsolete or unnecessary or has become unusable under Tenant's design or engineering specifications for its Equipment or the communications system to which the Equipment belongs; iii. Upon thirty (30) days written notice by City if Tenant abandons, vacates or ceases using the Premises or Equipment;or if Tenant becomes the subject SITE LEASE AGREEMENT - 5 - 7/2015 SEA KITTS CORNER DWT 29427195v2 0052051-000032 43 CITY OF CITY HALL '�• ►. Federal Way Feder 8th Avenue South Federal Way,WA 98003-6325 J (253)835.7000 iir.r1u alvofkderallVaycorn of a bankruptcy proceeding and the bankruptcy proceeding is not vacated within 120 days; iv. Upon thirty (30) days' written notice by City, for any reason as determined by the City in its reasonable discretion, including reasons involving public health, safety or welfare; V. Immediately, upon written notice by City, in the event of an emergency, as determined by the City in its reasonable discretion. vi. Upon thirty(30) days written notice by City if Tenant fails to comply with all applicable federal, state, and local laws, including, without limitation, all governmental codes,ordinances,resolutions,standards and polices as now existing or hereafter adopted or amended, including, without limitation, all requirements of the FCC and the Federal Aviation Administration(FAA). vii. Upon thirty (30) days written notice by Tenant of a court decision described in Section 26(g) of this Lease below, and Tenant elects to terminate this Lease as a consequence of such court decision. If Tenant elects to terminate pursuant to this subsection, Tenant agrees that neither it, its successors, heirs or assigns will seek to enter into another Site Lease Agreement with the City of Federal Way for the Premises for a period of three (3) years from the date termination is effective, and Tenant waives any claim against the City arising out of any refusal to enter into a new lease should Tenant terminate under this subsection. viii. For any other reason set forth in this Agreement. b. In the event of any termination under this Section, Tenant shall pay City all monies due as rent and/or penalties, including reasonable attorney and collection fees and any other damages incurred by City as a result of such termination. In addition Tenant shall, at its sole expense, return the Premises to the same condition as prior to this Lease(normal wear and tear excepted), and shall remove all Equipment. C. No re-entry and taking of possession of the Premises by City shall be construed as an election on City's part to terminate this Lease, regardless of the extent of renovations and alterations by City, unless a written notice of such intention is given to Tenant by City. Notwithstanding any reletting without termination, City may at any time thereafter elect to terminate this Lease for such previous breach. 15. Indenigity and hisurance. a. Disclaimer of 1_iabili : City shall not, at any time, be liable for injury or damage occurring to any person or property from any cause whatsoever arising out of Tenant's construction, installation, maintenance, repair, use, operation, condition or SITE LEASE AGREEMENT - 6 - 7/2015 SEA KITTS CORNER DWT 29427195v2 0052051-000032 44 CITY OF CITY HALL Federal Way �■Y■LY■�■ 33325 8fh Avenue South y Federal Way,WA 98003-6325 (253)85-7000 W1NIN.CItYC_Ir` (j0 ijhst)yCOLT] dismantling of the Premises or Tenant's Equipment and Tenant expressly assumes all such risk. b. Indemnification and Hold Harmless:Tenant shall,at its sole cost and expense, indemnify and hold harmless City and its officers,boards,commissions,employees,agents, attorneys, and contractors from and against any and all liability, damages, and claims, (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be asserted by reason of any act or omission of Tenant, its employees, agents, or contractors or which may be in any way connected with the construction,installation,operation,maintenance,repair,use,condition or dismantling of the Premises or Tenant's Equipment except for claims arising from the negligence of City and its officers, boards, commissions, employees, agents, attorneys and contractors. Each party will be responsible for the compliance of its activities on the Property with any and all environmental and industrial hygiene laws,including any regulations,guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene conditions or concerns as such laws may now or at any time hereafter be in effect. C. Limitation of Liability: Neither party shall be liable to the other, or any of their respective agents, representatives, employees for any lost revenue, lost profits, loss of technology, rights or services, incidental, punitive, indirect, special or consequential damages, loss of data, or interruption or loss of use of service, even if advised of the possibility of such damages, whether under theory of contract,tort(including negligence), strict liability or otherwise. d. Insurance: During the term of this Lease,Tenant shall maintain in full force and effect and at its sole cost and expense, and naming the City, its officers, boards, commissions,employees and agents as additional insureds,the following types and limits of insurance: i. Comprehensive commercial general liability insurance with minimum limits of Two Million Dollars($2,000,000)per occurrence and Five Million Dollars ($5,000,000) in the annual aggregate. ii. Comprehensive automobile liability insurance with combined single minimum limits of Two Million Dollars ($2,000,000) per occurrence and Five Million ($5,000,000) in the annual aggregate. iii. Worker's compensation insurance and such other insurance as may be required by law. e. Evidence of Insurance: Certificates of insurance for each insurance policy required by this Lease shall be filed and maintained with City prior to commencement of the term of this Lease and thereafter. SITE LEASE AGREEMENT - 7 - 7/2015 SEA KITTS CORNER DWT 29427195v2 0052051-000032 45 CITY OF CITY HALL ld�kFe d e ra I Wa 33325 8th Avenue South Federal Wad,WA 98003-6325 (253)835.70010 www.o1yorted rahvey..coin f. License: All insurance policies shall be with insurers licensed,authorized or permitted to do business in the State of Washington and with a rating of A-IV unless waived by the City. g. Defense of City:In the event any action or proceeding shall be brought against the City resulting from Tenant's operations hereunder,Tenant shall,at Tenant's sole cost and expense,resist and defend the same provided,however,that Tenant shall not admit liability in any such matter on behalf of the City without the written consent of City. Nothing herein shall be deemed to prevent City from cooperating with Tenant and participating in the defense of any litigation with City's own counsel. Tenant shall pay all expenses incurred by City in response to any such actions, suits or proceedings. These expenses shall include all out-of-pocket expenses such as attorney fees and shall also include the reasonable value of any services rendered by the City's attorney,and the actual expenses of City's agents, employees, consultants and expert witnesses, and disbursements and liabilities assumed by City in connection with such suits, actions or proceedings. 16. Holding, Over. Any holding over after the expiration of the term hereof, with the consent of the City, shall be construed to be a tenancy from month to month and shall otherwise be on the terms, covenants and conditions herein specified. 17. Acceptance of Premises. Tenant accepts the Premises in the condition existing as of the Commencement Date.City makes no representation or warranty with respect to the condition of the Premises and City shall not be liable for any latent or patent defect in the Premises 18. Notices.All notices,requests,demands,and other communications hereunder shall be in writing and shall be deemed given if sent,certified mail,return receipt requested;to the addresses provided above. a. Contact for Emergencies. Emergency twenty-four (24) hour contact number(s)must be provided and/or displayed on Tenants building or equipment. Tenant Contact for Emergencies: 1-866-862-4404 19. Subleasing,or Assignment. Tenant may not assign this Lease or sublet the Premises or Equipment, in whole or in part, without the prior written consent of City, which may not be unreasonably withheld. City may inquire into the qualifications and financial stability of a potential assignee or sublessee and reasonably request any information related to such inquiry and may also condition such approval upon the financial, legal and technical expertise of a proposed assignee or sublessee and upon the resolution of any compliance obligation under the Lease. If the City has not responded to a request to assign or sublet with a decision within forty five(45)days,City approval shall be deemed given. Tenant may, however, upon notice to City and without City approval, mortgage or grant a security interest in this Lease and the Equipment. SITE LEASE AGREEMENT - 8 - 7/2015 SEA KITTS CORNER DWT 29427195v2 0052051-000032 46 CITY OF CITY HALL 7;kFe d e ra I IVa Feder 8th Avenue South Way Federal Wad,WA 98003-6325 (253)835.7000 FS im..Cf7kt77`fadt3 p7hvnv coin 20. Successors and Assigns. Subject to Section 19,this Lease shall be binding upon and inure to the benefit of the parties, and their respective permitted successors and assigns. 21. Noii-Waiver.Failure of a party to insist on strict performance of any of the conditions, covenants,terms or provisions of this Lease or to exercise any of its rights hereunder shall not waive such rights,but such party shall have the right to specifically enforce such rights at anytime and take such action as might be lawful or authorized, either in law or equity. Damages are not an adequate remedy for breach.The receipt of any sum paid by Tenant to City after a breach of this Lease shall not be deemed a waiver of such breach unless expressly set forth in writing by the City. 22. Taxes. Tenant shall pay all personal property taxes(or payments in lieu of taxes)and assessments for the Premises, if any, which become due and payable during the term of this Lease attributable to the Equipment or Tenant's use of the Premises. 23. Quiet Enjoyment.Title and Authority. City represents to Tenant that: a. City has authority to execute this Lease; b. City has title to the Premises free and clear of any encumbrances, liens or mortgages,except those encumbrances,liens and mortgages and matters ofrecord,and these and any other matters disclosed and/or otherwise apparent to Tenant; C. There is legal ingress and egress to the Premises from a right-of-way; and d. Execution and performance of this Lease will not violate any laws or agreements binding on City; e. City covenants and agrees with Tenant that upon Tenant paying the Rent and observing and performing all the terms, covenants and conditions on Tenant's part to be observed and performed, Tenant may peacefully and quietly enjoy the Premises. 24. Condemnation.In the event the Premises are taken in whole or in part by any entity by eminent domain, this Lease shall terminate as of the date title to the Premises vests in the condemning authority. Tenant shall not be entitled to any portion of the award paid and the City shall receive the full amount of such award. Tenant hereby expressly waives any right or claim to any portion thereof. However,Tenant shall have the right to claim and recover from the condemning authority,other than the City,such other compensation as may be separately awarded or recoverable by Tenant. If this lease terminates due to condemnation, Tenant shall promptly remove all of its Equipment from the Premises. 25. Alteration Damn a or Destruction. If the Premises or any portion thereof is altered, destroyed or damaged so as to materially hinder effective use of the Equipment through no fault or negligence of Tenant,Tenant may elect to terminate this Lease upon thirty(30)days written notice to City.In such event,Tenant shall promptly remove the Equipment from the Premises and shall restore the Premises to the same condition as existed prior to this Lease.This Lease(and Tenant's obligation to pay rent) shall terminate upon Tenant's fulfillment of the obligations set forth in the preceding SITE LEASE AGREEMENT - 9 - 7/2015 SEA KITTS CORNER DWT 29427195v2 0052051-000032 47 ITY OF "'�� CF CITY HALL 33325 8th Avenue South Federal Wey,WA 98003-6325 (253)835-7000 n:W oWoff0dP.rahvrry corn sentence and its other obligations hereunder, at which termination Tenant shall be entitled to the reimbursement of any Rent prepaid by Tenant.City shall have no obligation to repair any damage to any portion of the Premises. 26. Miscellaneous. a. City and Tenant respectively represent that their signatory is duly authorized and has full right, power, and authority to execute this Lease. b. With the exception of applicable and future laws, ordinances, rules, and regulations this Lease constitutes the entire agreement and understanding of the parties and supersedes all offers,negotiations, and other agreements of any kind. Except as previously set forth,there are no representations or understandings of any kind not set forth herein.Any modification of or amendment to this Lease must be in writing and executed by both parties. C. This Lease shall be construed in accordance with the laws of the State of Washington. d. Section captions and headings are intended solely to facilitate the reading thereof. Such captions and headings shall not affect the meaning or interpretation of the text herein. e. If the methods of taxation in effect at the Commencement Date of the Lease are altered so that in lieu of or as a substitute for or in addition to any portion of the property taxes and special assessments, if any, now imposed on Equipment, there is imposed a tax upon or against the rentals payable by Tenant to City,Tenant shall also pay those amounts. f. Tenant shall be responsible for obtaining all necessary approvals, authorizations and agreements from any party or entity and it is acknowledged and agreed that the City is making no representation,warranty or covenant whether any of the foregoing approvals,authorizations or agreements are required or have been obtained by Tenant from any person or entity. g. If any term of this Lease is found to be void or invalid, such invalidity shall not affect the remaining terms of this Lease,which shall continue in full force and effect.In the event that a court of competent jurisdiction determines void or invalid any term of any other Lease,where such term is substantially equivalent to a term of this Lease,the City may, at its sole option and within 30 days of notice thereof by Tenant: (i) determine that such judicial determination shall not affect the terms of this Lease, which shall continue in full force and effect; (ii) determine that a term of this Lease is invalid, but severable, and that such invalidity shall not affect the remaining terms of this Lease,which shall continue in full force and effect; or(iii)terminate this Lease pursuant to Section 14. vii above. SITE LEASE AGREEMENT - 10 - 7/2015 SEA KITTS CORNER DWT 29427195v2 0052051-000032 48 CITY OF CITY HALL Fe d e ra I 33325 8th Avenue South WayFederal Way,WA 98003-6325 (253) 835-7000 Kwwxdvoffedefalivaycoin h. This Agreement may be enforced at both law and equity. Damages are not an adequate remedy for breach. 27. Legisladve Changes. In the event that any federal,state or local governmental entity adopts a law,ordinance, or regulation,or amends existing laws,ordinances, or regulations,and the new or amended law,ordinance,or regulation would limit,impair,or affect any of the parties'rights or obligations under this Agreement,Tenant agrees that(except for changes authorized under Section 12 above)the provisions of this Lease contract shall remain lawful and binding and enforceable on the parties. DATED the effective date set forth above. CITY OF FEDERAL WAY By: Jim Ferrell, Mayor 33325 81h Ave South Federal Way, WA 98003 ATTEST: APPROVED AS TO FORM: Stephanie Courtney, CMC, City Clerk J.Ryan Call, City Attorney SITE LEASE AGREEMENT - 11 - 7/2015 SEA KITTS CORNER DWT 29427195v2 0052051-000032 49 CITY OF CITY HALL l 33325 8th Avenue South Federal ■ x a y Federal Way,WA 98003003 -6325 (253)835-7000 msw..a1yofteden,tway coin TENANT Seattle SMSA Limited Partnership d/b/a Verizon Wireless By Cellco Partnership, its General Partner By: Jim R. Creel Jr. Director-Network Date: STATE OF WASHINGTON ) ss. COUNTY OF KING ) On this day of , 2016, before me, a Notary Public in and for the State of Washington, personally appeared Jim R. Creel Jr., personally known to me (or proved to me on the basis of satisfactory evidence)to be the person who executed this instrument, on oath stated that he was authorized to execute the instrument, and acknowledged it as the Director-Network of Seattle SMSA Limited Partnership d/b/a Verizon Wireless, By Cellco Partnership, Its General Partner,to be the free and voluntary act and deed of said party for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC in and for the State of WA, residing at My appointment expires Print Name SITE LEASE AGREEMENT - 12 - 7/2015 SEA KITTS CORNER DWT 29427195v2 0052051-000032 50 CITY OF CITY HALL Federal edaraIWay Feder 8th Avenue South Federal Way,WA 98003.6325 (253) 835.7000 www-cilyoffpder 1vwV-coin EXHIBIT A LEGAL DESCRIPTION THOSE PORTIONS OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 21 NORTH,RANGE 4 EAST,W.M.,IN KING COUNTY,WASHINGTON,AND LOT 1 IN:BLOCK 1 OF LAKEWOOD,ACCORDING TO PLAT RECORDED IN VOLUME 16 OF PLATS AT PAGE(S)35,IN KING COUNTY,WASHINGTON,AND 13TH AVENUE SOUTHWEST AND SOUTHWEST 344TH STREET IN THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 19,TOWNSHIP 21 NORTH, RANGE 4 EAST,W.M.,IN KING COUNTY,WASHINGTON,AND OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 19,TOWNSHIP 21 NORTH, RANGE 4 EAST,W.M.,ALL IN KING COUNTY,WASHINGTON,INCLUDED WITHIN A STRIP OF LAND 262.50 FEET WIDE,THE NORTHWESTERLY LINE BEING THE SOUTHWESTERLY PROLONGATION OF THE SOUTHEASTERLY LINE OF TRACT B OF THE MIDGE DIVISION NO.5,ACCORDING TO PLAT RECORDED IN VOLUME 140 OF PLATS AT PAGE(S)80 THROUGH 83,IN KING COUNTY,WASHINGTON; EXCEPT THEREFROM THAT PORTION LYING EASTERLY OF THE WESTERLY BOUNDARY OF SOUTHWEST CAMPUS DRIVE,84 FEET WIDE AS CONVEYED TO KING COUNTY UNDER RECORDING NO.8501170665; (SAID STRIP BEING A PORTION OF THE BONNEVILLE POWER TRANSMISSION LINE-TACOMA COVINGTON,TACOMA-RAVER). SITE LEASE AGREEMENT - 13 - 7/2015 SEA KITTS CORNER DWT 29427195v2 0052051-000032 51 CITY OF CITY HALL F8th Avenue South Federal Way Feder Federal Way,WA 98003-6325 _ (253)835-7000 wsm r.i"f aderaAwyy corn EXHIBIT B SITE LOCATION WITHIN THE PREMISES See attached SITE LEASE AGREEMENT - 14 - 7/2015 SEA KITTS CORNER DWT 29427195v2 0052051-000032 52 CITY OF CITY HALL Federal a 33325 Wh Avenue South Federal Way,WA 98003-6325 (25.3) 835-7000 i"vw.c 4'offederahvZycoin EXHIBIT C SITE PLAN [Including Location of Equipment Box/Shed] See attached SITE LEASE AGREEMENT - 15 - 7/2015 SEA KITTS CORNER DWT 29427195v2 0052051-000032 53 o 0 z 61 �a i ILI -J . 4 v �\ •�\ •r E� �♦u� 111 � 1 [ 4 � Q J m a u�t � C7 54 W � r apcc IL z I N wU) •fie � a o a_ �tr��Y�,¢C � Y 1� lecc o a q \ _ \ F- 2 OD A Ut zflz oo \ �.,. F wfi ts \: F s� 55 CELLCO PARTNERSHIP D/B/A VERIZON WIRELESS ASSISTANT SECRETARY'S CERTIFICATE I, Karen M. Shipman, do hereby certify that I am a duly elected, qualified and acting Assistant Secretary of Cellco Partnership, a Delaware general partnership, and as such I am authorized to execute this certificate. In such capacity, I further certify that: Jim Creel is duly appointed, qualified and acting under delegated authority to sign on behalf of Cellco Partnership d/b/a Verizon Wireless as Director— Network Field Engineering. Dated: April 21, 2016 `K/ n M. Shipman Assistant Secretary 56 CELLCO PARTNERSHIP d/b/a VERIZON WIRELESS ASSISTANT SECRETARY'S CERTIFICATE I, Karen M. Shipman, do hereby certify that I am a duly elected, qualified and acting Assistant Secretary of Cellco Partnership, a Delaware general partnership, and as such I am authorized to execute this certificate. In such capacity, I further certify that: Seattle SMSA Limited Partnership is a Delaware limited partnership (the "Partnership") with its principal place of business in New Jersey. Cellco Partnership is general partner of the Partnership, making the Partnership and Cellco Partnership affiliates. As General Partner of the Partnership, Cellco Partnership is authorized to act on behalf of the Partnership. Jim Creel is authorized and acting under delegated authority, to sign on behalf of Cellco Partnership d/b/a Verizon Wireless as Director—Network Field Engineering. Dated: April 21, 2016 LACa- n M. Shi man Assistant Secretary 57 VERIZON WIRELESS (VAW) LLC d/b/a VERIZON WIRELESS ASSISTANT SECRETARY CERTIFICATE I, Karen M. Shipman,do hereby certify that I am a duly elected, qualified and acting Assistant Secretary of Verizon Wireless (VAW) LLC, (the "Company"), a Delaware limited liability company, and as such I am authorized to execute this certificate. In such capacity, I further certify that: Jim Creel is duly appointed,qualified and acting under delegated authority to sign on behalf of Verizon Wireless (VAW) LLC d/b/a Verizon Wireless as Director— Network Field Engineering. Dated: April 21, 2016 -- Ka n M. Ship n Assistant Secretary 58 COUNCIL MEETING DATE: ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:PAEC REPORT POLICY QUESTION: N/A Information only. COMMITTEE: FEDRAC MEETING DATE: June 27, 2017 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ® Other STAFF REPORT BY: Ade Ariwoola, Finance Director DEPT: Finance Attachments: 1. PAEC Quarterly Report Options Considered: N/A MAYOR'S RECOMMENDAT ON: N/A MAYOR APPROVAL: DIRECTOR APPROVAL-,W: 15117 41nifiai/Date l COMA Initinl![htty In l I!f]nt COMMITTEE RECOMMENDATION: N/A N/A N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION:N/A (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED IST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—1/2015 RESOLUTION# 59 PAEC Project Budget/Report Sources& Expendiutres Project To Date 7TTotal Budget thru May 2017 % Revenues: City's Funds $ 11,530,896 $ 11,508,945 99.81% 4 Culture 2,000,000 2,000,000 100.00% State 4,000,000 3,900,000 97.50% CDBG Section 108 3,000,000 3,030,000 101.00% 96.00% Other Grants(Bldg 4 Arts, Comm., 4Culture) 369,102 359,102 97.29% Private Company 1,000,000 985,395 98.549,o' 94.00% Subtotal Sources $ 21,899,998 $ 21,783,442 99.47% 92.00% Interest - 39,672 n/a Interfund/Bonding ($13 million) 9,178,902 5,117,911 90.00% New Market 2,100,000 - 1 0.00% 88.000 Total Sources $ 33,178,900 $ 26,941,025 81.20% 86.00% Expenditures: 84.00% Planning, Design, & Design Management 5,220,913 5,346,780 102.41% 82.00 Construction Management 589,000 430,525 73.09% Specialty Consultant 75,942 25,942 34.16% 80.00% Garco Construction Contract 24,158,160 20,264,103 83.88% 78.00 Construction Contigency 988,792 102,739 10.39% Time Amount FF&E 791,578 104,408 13.19% Geotech/Testing 213,645 180,990 84.72% Miscellaneous 711,070 422,954 59.48% Subtotal Expenditures $ 32,749,100 $ 26,878,442 82.07% 2%for Arts $ 429,800 $ 62,583 Total Uses $ 33,178,900 $ 26,941,025 Project Balance 1 $ (0) $ 0 Budget To Date Used Construction Time (months) 20 19 95.00% Construction Budget $ 24,158,160 $ 20,264,103 83.88% * Due to admin fees charged by the State they have deducted $100,000 as admin fees. *The City accessed the Interfund loan in May in the amount of$1.88M. The Interfund loan is due 3 years from the first draw or the loan can be refinanced. The Council approved $13M for interfund loan, and we have used $5.12M project to date. *The overage in the "Planning, Design, & Design Management"will come from "Construction Contingency" budget. *The FF&E budget may increase as we know more about what is needed for Contingency. *Sale of Hotel Pad & Naming Rights have been removed. *New Market Tax Credit is identified separately. *FF&E is separated from Construction Contingency. Spentthru FF&E Items Budget Committed 5/31//17 Budget 791,578 - - ............�............................ ..........................................:........................................:...................... Draperies - .......................................................................................................................................e.......................................€........................................:.............................................. Audio Video/Communications Equipment € 115,516 - .......................................................................................................................................a...............................................................................;.............................................. Production Lighting Equipment79,215 i - ........................... ................................................................................................... 1 Orchestra..Pit 403,459 .............................. ..............................................................................................................................................:..........................................................................-.......... Piano 104,448 104,405 Total FF&E 60 791,s78 751,698 s 104,408 Budget Balance 39,SSI] COUNCIL MEETING DATE: July 5,2017 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: INVESTMENT PORTFOLIO REPORT POLICY QUESTION: N/A Information Only COMMITTEE: FEDRAC MEETING DATE: 06/27/2017 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ® Other STAFF REPORT BY: Ade Ariwoola, Finance Director DEPT: Finance Attachments: 1. Investment Portfolio Memo Options Considered: N/A Information Only MAYOR'S RECOMMENDATION: N/A Information Only MAYOR APPROVAL: /Cr `/ DIRECTOR APPROVAL: tittuni c Cnu cd Initial/Date Initial/Date Initial/Date COMMITTEE RECOMMENDATION:N/A Information Only N/A N/A N/A Dini Duclos, Martin Moore, Susan Honda, Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION:N/A Information Only (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED 1sT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—1/2015 RESOLUTION# 61 A�k Federal Way MEMORANDUM Finance Department DATE: June 9, 2017 FROM: Ade Ariwoola, Finance Director TO: FEDRAC Committee Members SUBJECT: Investment Portfolio Investments We have invested some of the city's cash to take advantage of the rising interest rate. According to the investment policy (Res #13-633), our basis of measure is dependent upon market yields between the six-month US Treasury Bill (1.08%) and the State Investment Pool (0.87%). As of month end - May 31, 2017: o Purchased two US Treasury Stripped Principal Bonds amounting to $9,585,700 o Average Portfolio Maturity is 37 days o Average Portfolio Yield is 1.05% including the state pool of $40,661,545 o Total investments is $50,247,245 Investment Schedule May 2017 Settlement Interest Investment Maturity YiNd to Type Date Payments ParAmount Cost Date Maturity US Treasury Stripped Principal Bond 76116FAD9 05/01/17 07/15/20 $ 5,000,000 $ 4,752,600 07/15/20 1.59% US Treasury Stripped Principal Bond 76116FAA5 05/01/17 10/15/19 $ 5,000,000 $ 4,833,100 10/15/19 1.39% Subtotal In-House Investments $ 10,000,000 $ 9,585,700 State Investment Pool $ 40,661,545 6/1/2017 0.87% Total Investments $ 50,247,245 Average Yield -6 mo. T-Bill 1.08% Average Portfolio Maturity&Yield 1 1 37 1 1.050% Totallnvestments $ 50,247,245 62 COUNCIL MEETING DATE: July 05,2017 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: MAY 2017 MONTHLY FINANCIAL REPORT POLICY QUESTION: Should the Council approve the May 2017 Monthly Financial Report? COMMITTEE: Finance,Economic Development and Regional Affairs Committee MEETING DATE:June 27,2017 CATEGORY: ® Consent ❑ Ordinance f Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Add Ariwoola, Finance Director DEPT: Finance Attachments: • May 2017 Monthly Financial Report Options Considered: 1. Approve the May 2017 Monthly Financial Report as presented 2. Deny approval of the May 2017 Monthly Financial Report and provide direction to staff. MAYOR'S RECOMMENDA'f1 . Mayor recommen s approval of Option 1. MAYOR APPROVAL: C, •7 [� DIRECTOR APPROVAL: r Co mines Cc mail 'h'l;`7 Initial COMMITTEE RECOMMENDATION:I move to forward approval of the May 2017 Monthly Financial Report to the July 05, 2017 consent agenda for approval. Dini Duclos Martin Moore Susan Honda Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the May 2017 Monthly Financial Report. " (BELOW TO BE COMPLETED BY CITY CLERKS DFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED IST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—08/12/2010 RESOLUTION# 63 CITY OF V& Federal Way May 2017 Monthly Financial Report - Highlights The following are highlights of the May 2017 Monthly Financial Report. Detailed financial information can be found in the May 2017 Monthly Financial Report detail. Notable Areas 1. Sales Tax is 105K or 2.3% above 2017 year-to-date budget and $112K or 2.4% above 2016 year-to-date actual. 2. Community Development Permits and Fees is$20K or 2.1%below 2017 year-to-date budget,but$215K or 30.5% above 2016 year-to-date actual due to the increase in permits for St. Francis lab and observation unit, Telecare Residential Treatment facility, South King Fire Station 63, and Cottages West Cluster III apartments. 3. Utility Tax is $994K or 26.4% above 2017 year-to-date budget and $460K or 10.7% above 2016 year-to- date actual primarily due to using more electricity and gas due to the inclement weather. 4. Dumas Bay Center revenue is $172K or 69.8% above 2017 year-to-date budget and$53K or 14.5%above 2016 year-to-date collections. There has been an increase in retreat rentals at the facility. General& Street Fund Suminartr Revenues are above the year-to-date budget by $229K or 1.5%. Property tax, sales tax, criminal justice sales tax, gambling tax, state shared revenue,Public Works permits and fees,parks and general recreation fees,police services revenue, and franchise fees revenue account for increases in revenue. Leasehold tax, admissions tax, Community Development permits and fees, court and probation revenue,business license fees,passport fees revenue are below year-to-date budget. Business license fees, admission tax, and Transportation Benefit District(TBD)are the sources of funding new police officers. We are not collecting TBD,business license fees are$72K or 42.8%below year-to- date budget,and admission tax is$22K or 22.2%below year-to-date budget. Total General & Street Fund expenditures are below year-to-date budget by $35K or 0.2%. The following departments are above their projected year-to-date budget: Law and Police. Law is over year-to-date budget by $54K primarily due to an increase in private legal services this year. Police is over year-to-date budget by $220K due to an increase in overtime for extra patrol enforcement and special events, and the payout for PSSA union negotiation agreement. Public Works is under year-to-date budget by $128K primarily due to positions charging time to capital projects outside the Street Fund. Property tax is above 2016 year-to-date actual by$114K or 2.1% and above 2017 year-to-date budget by $53K primarily due to timing differences. Sales tax exceeds 2016 year-to-date actual by $112K or 2.4% and also exceeds 2017 year-to-date budget by $105K or 2.3%. Services sales (increase of$32K or 3.1%), construction (increase of$24K or 4.2%), wholesaling (increase of $36K or 22.3%), information (increase of $7K or 2.9%), and Government (increase of$20K or 38.9%)account for the majority of the increase compared to year-to-date 2016. Additionally, criminal justice sales tax collected county-wide also exceeds 2016 year-to-date actual by $38K or 4.7%. Community Development permits and fees are above the 2016 year-to-date actual by $215K or 30.5%, but below 2017 year-to-date budget by $20K or 2.1%. Significant permit revenues received year-to-date include St. Francis lab and observation unit, Telecare Residential Treatment facility, South King Fire Station 63,and Cottages West Cluster III apartments. Court revenue is below 2016 year-to-date actual by$104K or 16.4% and below 2017 year-to-date budget by$86K or 13.8%. The Court's traffic and non-parking infractions are below 2017 year-to-date budget due to the reallocation of the traffic unit to assist patrol officers in the gun violence initiative. Probation revenue is below 2017 year-to-date budget by 43K or 29.5%. In May 2016 we started receiving probation revenue. As of the end of May probation revenue is $19.8K less than expenditures, although the probation division was intended to be self-sufficient. Park & General Recreation Fees is below 2016 year-to-date actual by $17K or 4.9% but above 2017 year-to-date budget by $21K or 6.9%. This is due to an increase in participation in senior programs and trips,and an increase in registration for preschool. Admissions Tax is a new source of revenue in 2017. It is being paid monthly and as of the end of May we've collected $78K out of the annual reven�pf$400K. This is one of the new sources of revenue for funding new Police Officers and support. 4 Dejignafed Qperalin,Funds Expenditures are below 2017 year-to-date budget by$457K or 7.9%and are primarily due to timing of payments in Arterial Street Overlay, Solid Waste&Recycling,and Surface Water Management due to vacancies of positions and timing of maintenance service contract payments. Utility tax revenues received year-to-date as reported on the monthly financial report totals $4.8M and is $460K or 10.7%above 2016 year-to-date actual and$994K or 26.4%above 2017 year-to-date budget. The following is the comparison of 2017 year-to-date actual to 2016 year-to-date actual utility taxes by category: Electricity—current YTD increase by$187K or 10.0% Gas—current YTD increase by$188K or 28.0% Cable—current YTD increase by$23K or 4.0% Cellular—current YTD decrease by$9K or 1.7% Real estate excise tax 2017 year-to-date revenues of$2.OM is above 2016 year-to-date actual by $460K or 29.7% and above the 2017 year-to-date budget by $941K or 87.9%. There were 154 taxable residential sales (total sales $45.1M/$223K tax),and five commercial sales(total sales $32.7M/$162K tax). Large commercial sales this year were Evergreen Corporate Center (sale of$15.7M, $77K tax), Pavilion Apartments (sale of$93.1M, $461K tax), Woodside Apartments(sale of$25.OM, $124K tax),and Commons Mall(sale of$45.9M,$227K tax). Federal Way Community Center 2017 year-to-date operating revenues total $840K, which is above the 2017 year-to-date budget by $71K or 9.3% and above the 2016 year-to-date actual by $60K or 7.8%. Revenues that performed better than year-to-date projections were daily drop-ins, city employee membership program, youth athletic programs, fitness classes, and pool and facility rentals. Revenues that fell behind year-to-date revenue projections were passes, aquatic programs, and towel/equipment rentals. Revenues that have fallen behind 2016 year-to-date actuals are aquatics programs. 2017 year-to-date operating expenditures total $918K, which is above the 2017 year-to-date budget by $29K or 3.3%, and above 2016 year-to-date actuals by$46K or 5.3%. Compared to year-to-date budget,Personnel costs and supplies have increased due to increased service levels to meet higher demands, increased minimum wage for part- time employees, supply needs, inventories, and building repairs. Other Services & Charges are lower due to decreased personal training services, and lower contracted repair and maintenance due to repairs being done in- house. The 2017 year-to-date revenues over/ (under) expenditures of($78K) is performing better than the 2017 year-to- date budget of($120K)by$42K, and is performing better than the 2016 year-to-date actual by$14K. Year-to-date, $63K of operating subsidy has been used to keep the reserve fund balance at$1.5M, compared to $95K at this time last year. The fund balance is at its required level of$1.5 million. The fund balance is set aside for equipment replacement, major building upgrades,and roof replacement of the Community Center Building. Dumas Bay Centre 2017 year-to-date operating revenues total$417K,which is $171K or 69.8%above the 2017 year-to-date budget and above 2016 year-to-date actual by$53K or 14.5%. The increase over 2016 year-to-date actual is due to an increase in rentals as a result of a marketing plan and Google AdWords campaign that started in 2011,and the return of rental groups. 2017 year-to-date operating expenses total $386K, which is $102K or 35.8% above the 2017 year-to-date budget and $37K above 2016 year-to-date actual. The increase in expenses over year-to-date 2017 is due to an increase in goods and services for the operation as well as the increase in rental activity for the first five months. 2017 year-to-date revenues over/(under) expenditures of$31K is above 2016 year-to-date by $16K. Dumas Bay Centre has recovered 108.08%of operating expenditures compared to 104.43%last year. The year-to-date fund balance of$675K is a reserve for future general capital needs of the building. These funds are set aside for equipment replacement,major building upgrades,and roof replacement of the center. Lakehaven Utility District The City signed an agreement with Lakehaven in 2016 for a 3.6%franchise fee,and in exchange the City will pay for the fire hydrant maintenance and street lights that were initially paid for by Lakehaven and charged to the citizens. The franchise fees received thru May are$382K and billing for the fire hydrants and streetlights is$419K. The billings for fire hydrants are quarterly,and streetlights are monthly. Revenue from the franchise agreement is received monthly. 65 CRY OF Federal way May 2017 Monthly Financial Report - Detail GENERAL&STREET 2016 2017 YTD Budget vs.Actual FUND SUMMARY Annual Annual YTD Annual YTD YTD Favorable/(Unfavorable) Budget Actual Actual Budget Budget Actual 1 % Beginning Fund Balance $12,006,584 $12,006,584 $12,006,584 $10,534,953 $ 11,616,780 $11,616,780 n/a n/a Revenues: Property Taxes 10,486,454 10,358,895 5,440,370 10,512,200 5,500,674 5,554,139 53,464 1.0% Sales Tax 14,142,653 14,222,497 4,575,920 14,168,989 4,582,089 4,687,461 105,372 2.3% Criminal Justice Sales Tax 2,507,007 2,499,527 813,114 2,458,271 799,693 851,372 51,680 6.5% Admissions Tax 400,000 100,000 77,848 (22,152) -22.2% Gambling Taxes 155,000 190,051 53,282 155,000 45,063 63,215 18,152 40.3% State Shared Revenue 2,483,000 1 2,878,883 816,777 2,670,000 757,514 807,594 50,080 6.6% Leasehold Tax 6,000 3,784 829 6,000 1,314 156 (1,159) -88.2% Court Revenue 1,471,550 1,284,479 638,037 1,471,550 619,136 533,590 (85,547) -13.8% Probation Revenue 354,345 177,252 20,356 354,345 147,644 104,160 (43,484) -29.5% CD Permits&Fees 2,572,000 1,766,106 706,175 2,150,500 941,567 921,467 (20,100) -2.1% u�..............-.._....... _ ...... _.......................... PW Permits&Fees 317,000 487,489 136,411 372,728 132,326 218,480 86,154 65.1% Business License Fees 259,000 1 261,716 71,035 622,000 168,823 96,555 (72,268) -42.8% Franchise Fees 1,050,000 1,167,270 585,120 1,143,721 573,316 603,449 30,133 5.3% Lakehaven Franchise Fees 424,289 424,289 - 848,580 353,575 381,671 28,096 7.9% Passport Agency Fees 65,000 67,800 34,400 65,000 32,979 26,575 (6,404) -19.4% Park&General Recreation Fees 937,000 1,053,297 342,379 937,000 304,576 ^4WW^325,539 1 20,962 6.9% Police Services 1,174,766 1,376,060 1 240,374 1,174,766 205,211 227,216 22,005 10.7% Admin/Cash Management Fees 375,896 375,896 156,623 1 375,896 156,623 156,623 0 0.0% Interest Earnings 31,000 55,217 19,476 40,800 14,391 28,816 14,425 100.2% Miscellaneous/Other/Grants 903,002 978,552 249,161 705,859 235,651 235,651 - 0.0% Total Revenues 39,714,962 39,629,061 14,899,839 40,633,205 15,672,166 15,901,578 229,412 1.5% Expenditures: City Council 378,928 373,181 204,697 397,177 217,859 210,527 7,332 3.4% Mayor's Office 1,375,288 1,375,978 617,612 1,351,665 584,372 581,577 2,795 0.5% Community Development 2,335,518 2,212,828 907,361 2,272,364 946,894 944,805 2,089 0.2% Economic Development 349,430 314,647 144,890 237,542 89,435 87,790 1,645 1.8% Human Services 977,464 867,906 325,230 793,055 357,747 347,371 10,376 2.9% Finance 941,111 874,097 354,771 959,590 391,225 373,366 17,859 4.6% Human Resources 982,708 942,757 316,469 963,780 314,775 307,049 7,726 2.5% Law 1,316,670 1,477,034 568,032 1,362,037 567,288 620,842 (53,554) -9.4% Municipal Court 1,365,125 1,329,417 563,195 1,363,762 565,961 551,322 14,639 2.6% Probation 354,345 197,233 27,987 ^T 330,413 137,672 123,968 13,704 10.0% Jail 5,518,134 5,502,776 2,278,009 5,773,342 2,405,559 2,331,153 74,406 3.1% Police 19,673,962 20,087,648 8,614,134 20,345,896 8,710,305 8,929,874 (219,569) -2.5% Parks&Recreation 3,798,675 3,906,619 1,372,661 3,810,673 1,355,075 1,327,382 27,693 2.0% Lakehaven Fire Hydrant/Street Light 419,120 444,246 955,947 419,495 419,495 0.0% Public Works 3,869,332 3,372,714 1,011,583 3,884,067 1,407,586 1,279,939 127,647 9.1% Total Expenditures 43,655,810 43,279,081 17,306,632 44,801,310 18,471,249 18,436,460 34,789 0.2% Revenues over/(under)Expenditures (3,940,848) (3,650,021) (2,406,793) (4,168,105) (2,799,083) (2,534,882) 264,200 -9.4% Other Sources: Ongoing Transfers In: Traffic Safety for Operations 1,780,609 1,780,609 - 1,021,298 1,021,298 1,021,298 0.0% Utility Tax for Designated Programs 916,340 534,203 - 368,000 - n/a Utility Tax for Operations 7,813,661 7,813,661 3,932,574 7,552,634 3,434,584 3,434,584 0.0% Other Transfers In 2,180,485 129,382 129,382 0.0% Total Other Financing Sources 10,510,610 10,128,473 3,932 574 11,122,417 1 4,585,264 4,585,264 0.0% Other Uses: Transfers Out/Other 2,727,481 1,969,815 848,376 1,366,579 1,042,985 1,042,985 0.0% Non-Departmental Internal Service Charges 5,313,909 4,898,441 2,248,170 5,614,902 2,339,540 2,339,540 0.0% Total Other Financing Uses 8,041,390 6,868,256 3,096,546 6,981,481 3,382,525 3,382,525 0.0% Total Ending Fund Balance $10,534,956 $11,616,780 $10,435,819 $10,507,784 $ 10,020,436 $10,284,636 n/a n/a 66 DESIGNATED OPERATING 2016 2017 YTD Budget vs.Actual FUNDS SUMMARY Annual I Annual YTD Annual YID YTD Favorable/(Unfavorable) Budget Actual Actual Budget Budget Actual $ % Beginning Fund Balance $23,403,005 1 $23,403,010 S 23,403,010 S 19,385 555 $ 23,269,748 $23,269,748 n/a n/a Revenues: Utility Tax 8,973,923 9,211,905 3,474,115 8,912,924 2,899,389 3,685,239 785,850 27.1% Utility Tax-Prop 1 Voter Package 2,694,833 2,690,961 828,095 2,658,616 868,786 1,076,902 208,116 24,0% HoteVMotel Lodging Tax 200,000 283,220 73,993 225,000 59,021 78,389 19,368 32.8% Real Estate Excise Tax 3,399,999 5,265,138 1,551,484 3,200,000 1,070,553 2,011,510 940,957 87.9% Property Tax-King Co Expansion Levy 160,000 172,784 64,344 160,000 59,583 95,376 35,792 60.1% State Shared Revenue 509,000 526,648 166,999 511,410 162,167 165,988 3,821 2.4% Traffic Safety(Red Light/School Zone) 3,275,117 3,192,978 1,415,095 3,136,874 1,390,231 1,371,553 (18,678) -1.3% Federal Way Corronunity Center 1,831,500 1,828,862 779,426 1,806,500 768,639 839,871 71,232 9,3% Dumas Bay Centre Fund 908,792 950,930 364,149 635,251 245,584 417,035 171,452 69.8% Performing Arts&Event Ctr Operations - - - 365,253 - - n/a Surface Water Management Fees 3,900,000 3,930,279 2,102,578 3,958,500 2,117,676 2,141,124 23,448 1.1% Refuse Collection Fees 304,517 303,820 126,411 304,517 126,701 128,725 2,025 1.6% Interest Earnings 14,800 90,544 30,597 13,200 4,461 47,370 42,909 962.0% ........... _ Miscellaneous/Other/Grants 257,578 277,810 55,318 2,101,246 64,835 64,835 0.01% Total Revenues 26,430,059 28,725,879 11,032,605 27,989,291 9,837,624 12,123,916 2,286,292 23.2% Expenditures: Arterial Streets Overlay Program 1,713,886 1,652,932 256,210 1,515,409 234,893 62,981 171,912 73.2% Solid Waste&Recycling 464,622 452,722 176,218 503,121 195,835 159,953 35,882 18.3% HoteVMotel Lodging Tax 200,300 49,935 6,212 224,700 27,953 16,173 11,780 42.1 Traffic Safety(Red Light/School Zone) 2,340,253 2,276,156 891,933 2,269,463 945,610 905,415 40,195 4.3% Utility Tax Proposition 1 2,978,350 2,826,642 1,170,089 2,998,943 1,241,413 1,212,397 29,016 2,3% Debt Service(Debt&Admin Fee) 815,123 812,422 - 10,082,279 - - n/a Federal Way Coironunity Center 2,260,641 2,249,626 871,259 2,206,850 888,598 917,713 (29,115) -33% Performing Arts&Event Ctr Operations 412,135 234,505 69,040 937,546 276,020 320,748 (44,728) -16.2% Duras Bay Centre Fund 887,199 917,484 348,700 751,015 284,156 385,841 (101,685) -35.8% Surface Water Management 3,912,789 3,458,951 1,474,776 3,999,914 1,705,424 1,362,052 343,372 20.1% Total Expenditures 15,985,298 14,931,376 5,264,437 25,489,240 5,799,903 5343,273 456,630 7.9% Revenues over/(under)Expenditures 10,444,761 13,794503 5,768,168 2500,051 4,037,721 6,780,644 2,742,922 67.9% Other Sources: Ongoing Transfers In: Utility Taxfor DBC Oper/Reserves 112,000 117,875 112,000 112,000 - n/a Utility Taxfor FWCC Oper/Reserves 4_47,999 420,302 85,119 393,850 63,207 63,207 0.0% Utility Tax for FW CC Debt 812,123 812,123 - 813,023 2,700,000 2,700,000 - 0.0% Utility Tax for Arterial Streets Overlay 1,013,000 1,013,000 n/a REST for Arterial Streets Overlay - 1,013,000 - Transfers/Proceeds from Sale 4,111,344 3,869,573 1,719,142 9,432,735 143,135 143,135 0,01% Total Other Sources 6,496,466 6,232,873 1,916,261 11,764,608 2,906,342 2,906342 - 0.0% Other Uses: Ongoing Transfer Out: ry Traffic Safety(Red Light/School Zone) 1,990,609 1,990,609 1,780,609 1,226,298 1,226,298 1,226,298 0.0% Utility Tax to PAECOper 376,805 1 376,581 33,703 572,293 143,135 143,135 - 0.0% Utility Taxto FWCCOper/Reserves 447,999 420,302 85,119 393,850 63,207 63,207 - 0.0°/ Utility Taxto DBC Oper/Reserves 112,000 117,875 112,000 112,000 - n/a Utility Taxto Arterial Streets Overlay 1,013_000 1,013A00 n/a Utillity Taxto General/Street er/Dbt 7,331 661 6,929,235 1,151,969 7,920,634 2,934584 2,934.584 0.0% REST to Arterial Streets Overlay 1,013,000 REET to FWCC Debt 812,123 812,123 813,023 - - n/a Transfers/Other/Unalloc IS 8394,301 8,500,923 3.,515.659 3,289,865 3,120220 3,12OX0 0.0% Total Other Uses 20,478,498 20,160,647 6,679,059 15340,963 7,487,444 7,487,444 0.0% Ending Fund Balance Arterial Streets Overlay 100,000 245,968 222,757 100,001 - 362,996 n/a n/a Utility Tax(non-Prop 1) 1,842,718 2,457,684 5,528,918 1,500,000 - 3,008,251 n/a n/a Utility Tax-Prop 1 Voter Package 1,077,461 1,290,233 1,146,921 1,000,000 1,157,180 n/a n/a Solid Waste&Recycling 175,352 176,307 159,791 103,348 - 146,289 n/a n/a HoteVMotel Lodging Tax 501,765 737,374 570,305 502,765 801,290 n/a n/a Federal Way Community Center 1,516,499 1,516,497 1,500,000 1,500,000 - 1,500,001 n/a n/a Traffic Safety Fund 2,558,372 2,551,277 2,361,241 2,202,984 1,796,416 n/a n/a Real Estate Excise Tax Fund 3,078,495 4,957,033 4,181,677 2,539,473 3,866,339 n/a n/a Performing Arts&Event Ctr Operationg (0) 177,413 0 (1) - 2 n/a n/a Paths&Trails 553,356 568,722 452,380 722,356 668,506 n/a n/a Strategic Reserve Fund 3,418,340 3,021,716 3,052,582 3,000,000 3,028,590 n/a n/a Parks Reserve Fund 750,000 752,652 750,812 750,000 754,364 n/a n/a Debt Service Fund 2,499,999 2,508,515 1,592,753 2,763,646 5,214,220 n/a n/a Surface Water Management 1,082,868 1,659,675 2,162,676 1,153,774 - 2,490,337 n/a n/a Duras Bay Centre Fund 710,510 648,669 725,566 470,905 674,511 n/a n/a Total Ending Fund Balance S 19,865,735 S 23,269,735 S 24,408380 S 18309,251 IS S 25,469,292 n/8 n/a 67 Sales Tax Compared to year-to-date 2016 actual, sales tax revenues are up by $112K or 2.4%. Compared to 2017 year-to-date budget, year-to-date sales tax revenues went up by$105K or 2.3%. There is usually a two month lag in sales tax revenue. The sales tax collected for March 2017 is paid to the City in May 2017. LOCAL RETAIL SALES TAX REVENUES YTD flay Favorable/(Unfavorable) 2016 2017 Change from 2016 YTD Actual rs Budget Month Actual Budget Actual $ % $ % Jan $ - - - Feb 1,407,385 1,411,630 1,427,326 19,941 1.4% 15,697 1.1% Mar 967,408 987,229 1,023,938 56,530 5.8% 36,709 3.7% Apr, 1,031,972 1,021,881 984,581 (47,391) -4.6% (37,301) -3.7% May 1,169,154 1,161,348 1,251,616 82,462 7.1%1 90,268 7.8% Jun 1,148,897 1,114,628 - _ - Jul 1,191,650 1,165,572 - - - - Aug 1,308,122 1,317,036 - - Sep 1,230,986 1,227,350 - - Oct 1,271,590 1,227,226 - - Nov 11241,815 1,235,563 - - Wu.1Dec 2,253,517 2,299,526 - - o $ 4,575,919 $ 4„582,089 $ 4,687,461 $ 111,542 2.4% $ 105372 2.3%Total $ 14,222,496 $ 14,168,989 n/a n/a n/a n/a n/a COMPARISON OF SALES TAX COLLECTIONS BY SIC GROUP Fmnnrabl e!i l.hrinel IT 14C l Component 2016 YTD 2017 YTD Change from 2016 Group May May $ % Explanation Retail Trade $ 2,352,220 $ 2,345,449 $ (6,771) -0.3%Up$51K-Motor Vehicle&Parts Dealer,Furniture and Home Furnishings, Building Material and Carden,Health and Personal Care Stores,Clothing and Accessories,Gasoline Stations Down$58K-Electronics&Appliances,Food and Beverage Stores,and Sporting Goods,Hobby, Books,and General Merchandise Stores Services 1,034,127 1,066,261 32,134 3.1%Up$40K- Professional,Scientific,Tech,Waste Management Remediation,Food Services& Drinking Places,Personal Laundry Services, Amusement,Gambling,Accomodation,Hospitals, Religious,Grantmaking,Civic Down$8K-Administrative&Support Services,Ambulatory Health Care Service,Nursing& Residential Care,Repair&Maintenance Construct 568,703 592,598 23,895 4.2%Up$51K-Heavy&Civil Construction,Specialty Trade Down$27K-Construction of Buildings Wholesaling 160,535 196,394 35,859 22.3%Up$36K-Wholesale Trade Durable&Nondurable goods Transp/Utility 1,369 1,535 166 12.2%General Increase Information 240,502 247,569 7,067 20/n Up$21K-Intemet Service Providers,Publishing Industries,Telecommunications Down$14K-Motion Picture,Sound Record,Other Information Services Manufacturing 42,397 38,424 (3,973) 44%Up$4K Furniture&Related Products,Nonmetallic Mineral Products,Chennical Manufacturing Down S8K- Wood Product Manufacturing,Printing&Related Support,Fabricated Metal Manufacturing,&Machinery Manufacturing,Miscellaneous Manufacturing Government 51,936 72,156 20,220 38.91/o Up$20K-Nonclassitiable Establishments,Economics Programs Adnnin,Executive,legislative, Other Fin/Insurance 108,384 115,296 6,912 64%Up$7K-Credit Intennediation,Real Estate,Insurance Carriers and Related,Rental&Leasing /Real Estate Services Other 15,749 11,780 (3,968) -252%General Decrease YM-Total IS 4,575,922 S 4,687,461 1$ 111,540 2.4% 68 SALES TAX COMPARISON by AREA YID May Favorable/(Unfavorable) Chg from 2016 Location 2016 2017 $ I % Ex0anation YTD Total Sales Tax $ 4,575,919 $ 4,687,461 $ 111,542 2.4% S 348th Retail Block 661,283 683,892 22,609 3.4% Up$27K Retail Auto mative/Gras,Retail Building Materials, Retail General Merchandise,and Retail Misc Store Down$4K Furniture&Fixtures,and Retail Eating& Drinking The Convnons 419,683 407,217 (12,466) -3.0% Up$3K Retail Eating&Drinking Down$15K Misc Retail Trade,Retail Apparel& Accessories&Retail General Merchandise S 312th to S 316th 268,084 262,209 (5,875) -2.2%Up$5K Retal Automative/Gas Down$11K Retail General Merchandise Pavilion Center 168,089 157,792 (10,297) -6.1% Down$10K Electronics and Appliances,Miscelleneous Retail Trade Hotels&Motels 72,516 77,901 5,3851 7.4%General Increase Gateway Center 72,375 68,987 (3,388) 4.7% Down$3K Teleconsnunications Utility Tax(Total 7.75%) The utility taxes year-to-date is $460K or 10.7% above 2016 year-to-date actual and $994K or 26.4% above 2017 year-to- date budget. There is usually a two month lag in utility tax revenue. The utility tax collected by utility companies for March 2017 is paid to the City in May 2017. UTILITY TAXES Year-to-date thru May FBNOrable/(Unfavorable) 2016 2017 Change from 2016 YTD Actual vs Budget Month Actual Budget Actual $Var % Var $Var % Var Jan $ 535 $ 688 $ 464 $ (70) -13.2% $ (223) -32.5% Feb 1,140,130 967,869 1,207,870 67,740 5.90/0 240,001 24.8% Mar 1,072,515 1,159,999 1,211,046 138,531 12.90/0 51,047 4.4°/a Apr 1,164,983 876,256 1,282,380 117,398 10.1% 406,124 46.3% May 938,297 783,226 1,067,377 129,080 13.8% 284,151 36.3% Jun 887,444 1,268,667 - - - - Jul 851,015 664,318 - - - - Aug 444,239 587,029 - Sept 1,322,964 1,142,330 - - - - Oct 1,064,509 1,066,825 - - Nov 743,017 673,468 - - Dec 2,287,467 2,400,866 - - - YTD Subtotal $ 4,316,459 $ 3,788,038 $ 4,769,137 $ 452,678 10.5% $ 981,099 25.9% Rebate (14,249) (19,817) (6,996) 7,253 0.00/0 12,821 -64.7% YTDTotall $ 4,302,210 $ 3,768,221 $ 4.762.141 $ 459.931 10.7% $ 993,920 26.4% Annual Total 1 $ 11,902,866 $ 11,571,540 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 lst and closes April 30'h of each year. The City processed 156 rebates at a total cost of $16K in 2015. The City processed 132 rebates at a total cost of$14K in 2016. The City has processed 70 rebates year-to-date at a total cost of$7K in 2017. 69