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Council PKT 03-06-2001 Regular
AGENDA FEDERAL WAY CITY COUNCIL Regular Meeting Council Chambers - City Hall March 6, 2001 - 7:00 p.m. (www. cl._federal-way, wa. us ~ (Federal Way Harmony Kings/Opening Entq?~tainmenO I. CALL MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. PRESENTATIONS a. Proclamation/Literacy Celebration b. Human Services Commission Introductions/Certificates c. City Manager/Introduction of New City Employees d. City Manager/Emerging Issues IV. CITIZEN COMMENT PLEASE COMPLETE THE PINK SLIP & PRESENT TO THE CITY CLERK PRIOR TO SPEAKING. Vo Citizens may address City Council at this time. When recognized by the Mayor, please come forward to the podium, adjust the microphone to proper height, and state your name and address for the record. PLEASE LIMIT YOUR REMARKS TO THREE O) MINUTES. The Mayor may interrupt citizen comments that continue too long, relate negatively to other individuals, or are otherwise inappropriate. CONSENT AGENDA (Items listed below have been previously reviewed by a Council Committee of three members and brought before full Council for approval; all items will be enacted by one motion; individual items may be removed by a Councilmemberfor separate discussion and subsequent motion. ) a. Minutes/February 20, 2001 Regular Meeting b. Vouchers c. Final 2000 Financial Report d. Council Bill #263/SR 99 Right-of-Way Improvements/Condemnation - Enactment Ordinance over please... Vie VII. g. h. i. j. k. 1. Batting Cage Agreement/Celebration Park Horseshoe Pitches/Steel lake Park 2001 Arts Commission Work Program 2001 CDBG Contingency Plan Revision 2001 One-Time Human Services Funding Jail Interlocal Agreement/City of Fife Regional Jail Interlocal Agreement/Chelan County Twin Lakes Neighborhood Traffic Safety Project CITY COUNCIL BUSINESS Parks/Recreation Commission Appointment CITY COUNCIL REPORTS CITY MANAGER REPORT EXECUTIVE SESSION Potential Litigation/Pursuant to RCW 42.30.110(1)(i) ADJOURNMENT ** THE COUNCIL MAY ADD AND TAKE ACTION ON OTHER ITEMS NOTLISTED ON THE AGENDA ** THERE ARE 2 COMPLETE AGENDA PACKETS AVAILABLE FOR CITIZEN REVIEW OF DETAILED ITEMS ON THE CONFERENCE TABLE AT THE BACK OF COUNCIL CHAMBERS PROCLAMATION "FEDERAL WAY COMMUNITY LITERACY CELEBRATION: OPEN BOOKS OPEN MINDS ~ WHEREAS, the aty of Federal Way asserts that literacy is fundamental to academic and personal success; and WHEREAS, there are important relationships between families, schools and the community directed toward meeting the physical, emotional and academic needs of all students, and that collaboration among all parties is vital in ensuring productive, lifelong readers; and WHEREAS, every person can learn to read and read to learn; and WHEREAS, reading development is a continuous process throughout our lifetime; and WHEREAS, reading must become vital to all, if we are to become a literate community; and WHEREAS, we will together empower everyone to support reading development and promote adult literacy for all members of our community, with the goal of having a community where everyone is literate; NOW, THEREFORE, we, the undersigned Councilmembers of the City of Federal Way, Washington, do hereby proclaim March 1-April 1, 2001, as "Federal Way Community Literacy Celebration: Open Books Open Minds Month ", in the City of Federal Way, and urge all citizens to join us in participating in the activities during this very important event. SIGNED this 6th day of March, 2001. CITY OF FEDERAL WAY Mike Park, Mayor Mary Gates, Councilmember Michael Hellickson, Councilmember Eric Faison, Councilmember Linda Kochmar, Deputy Mayor Jeanne Burbidge, Councilmember Dean McColgan, Councilmember CITY OF FEDERAL WAY City Council AGENDA ITEM CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: Minutes for February 20, 2001 regular meeting. SUMMARY/BACKGROUND: Official City C'ouncil meeting minutes for permanent records pursuant to RCW reqnirement. CITY COUNCIL COMMITTEE RECOMMENDATION: n/a CITY MANAGER RECOMMENDATION: Move approval of the official minntes. APPROVED FOR INCLUSION IN COUNC~r-'C-,w~I \ PACKET: ~ (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # I: ICOVER. CLERK-1/7/O0 AGENDA FEDERAL WAY CITY COUNCIL Regular Meeting Council Chambers - City Hall February 20, 2001 - 7:00 p.m. MINUTES DRAFT CALL MEETING TO ORDER Mayor Park called the regular meeting of the Federal Way City Council to order at the hour of 7:05 p.m. Councilmembers present: Mayor Mike Park, Deputy Mayor Linda Kochmar, Councilmembers Jeanne Burbidge, Mary Gates, Michael Hellickson, Dean McColgan, Eric Falson. City staff present: City Manager David Moseley, City Attorney Bob Sterbank, City Clerk Chris Green. II. PLEDGE OF ALLEGIANCE Councilmember Gates led the flag salute. MOTION BY COUNCILMEMBER BURBIDGE TO ADD A COUNCIL BUSINESS ITEM TO APPOINT NEW HUMAN SERVICES COMMISSIONERS; SECOND BY COUNCIL- MEMBER GATES. The motion passed as follows: Gates yes Burbidge yes Kochmar yes Park yes Hellickson yes Faison yes McColgan yes III. PRESENTATIONS ao Introductions/Certificates of Appointment for Planning Commission, Ethics Board and Lodging Tax Advisory_ Committee Certificates of Appointment were distributed to those in attendance. Federal Way City Council Regular Meeting Minutes February 20, 2001 - Page 2 of 5 b. City Manager/Introduction of New Employees City Manager Moseley announced Joell Carlisle has recently been hired to serve as a court clerk in the Federal Way Municipal Court. c. City Manager/Emerging Issues There were no emerging issues to report. IV. CITIZEN COMMENT Hope Elder, representing the Federal Way Caregivers Network, invited all to attend their upcoming "Souper Supper", a fund raiser to be held at the Steel Lake Presbyterian Church on March 1, 2001, between the hours of 5:00-8:00 p.m. Laird Chambers, Parks/Recreation Commissioner, announced his resignation on the commission due to his recent move to the City of Auburn; he thanked Councilmembers and staff for their support over the past years he has served as a commissioner. Vo CONSENT AGENDA ao Minutes/February 6, 2001 Regular Meeting -Approved Council Bill g262/Metromedia Right-of-Way Franchise Agreement - Approved Ordinance No. 01-383 MOTION BY DEPUTY MAYOR KOCHMAR TO APPROVE THE CONSENT AGENDA; SECOND BY COUNCILMEMBER MCCOLGAN. The motion passed as follows: Gates yes Burbidge yes Kochmar yes Park yes Hellickson yes Faison yes McColgan yes VI. CITY COUNCIL BUSINESS (Added item) Human Services Commission Appointments The Councilmembers conducted Human Services Commission interviews prior to the regular meeting. Federal Way City Council Regular Meeting Minutes February 20, 2001 - Page 3 of 5 MOTION BY COUNCILMEMBER BURBIDGE TO APPOINT THE FOLLOWING PERSONS TO THE HUMAN SERVICES COMMISSION, ALL FOR 3-YEAR TERMS: DAVID LARSON, DAVID BAKER AND JULIE GRANT, AS VOTING MEMBERS; AND KERI NEWPORT, AS AN ALTERNATE; SECOND BY COUNCILMEMBER GATES. The motion passed as follows: Gates yes Burbidge yes Kochmar yes Park yes Hellickson yes Faison yes McColgan yes VII. INTRODUCTION ORDINANCE Council Bill #263/SR 99 Phase I Right-of-Way Improvements/Condemnation AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, PROVIDING FOR THE CONDEMNATION, APPROPRIATION, TAKING AND/OR ACQUISITION OF CERTAIN REAL PROPERTY AND/OR EASEMENTS FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING RIGHT-OF-WAY IMPROVEMENTS IN THE VICINITY OF PACIFIC HIGHWAY SOUTH BETWEEN SOUTH 312TH STREET AND SOUTH 324TH STREET, TOGETHER WITH ALL NECESSARY APPURTENANCES AND RELATED WORK NECESSARY TO MAKE A COMPLETE IMPROVEMENT IN ACCORDANCE WITH APPLICABLE CITY STANDARDS ALL WITHIN THE CITY OF FEDERAL WAY; AND DIRECTING THE CITY ATTORNEY TO FILE ALL NECESSARY ACTIONS AND PROCEEDINGS IN THE MANNER PROVIDED BY LAW FOR SAID CONDEMNATION. MOTION BY COUNCILMEMBER MCCOLGAN TO MOVE ORDINANCE TO SECOND READING AND ENACTMENT AT THE MARCH 6 REGULAR MEETING; SECOND BY COUNCIl.MEMBER BURBIDGE. Motion passed as follows: Gates yes Burbidge yes Kochmar yes Park yes Hellickson yes Faison yes McColgan yes VIII. CITY COUNCIL REPORTS Councilmember Gates provided an updated report on recent transit meetings. Councilmember Burbidge reported on her attendance at regional meetings; she announced the next meeting of the Parks/Recreation/Human Services/Public Safety Committee will be held on February 21, at 12:00 noon. Federal Way City Council Regular Meeting Minutes February 20, 2001 - Page 4 of 5 Councilmember Faison had no report for the evening. Councilmember McColgan announced the Land Use/Transportation Committee will meet on February 21, at 5:30 p.m.; he also reported the Planning Commission will meet the same evening at 7:00 p.m. Deputy Mayor Kochmar reported the ACC will soon be issuing its latest report on the third runway. Mayor Park announced the next meeting of Valley Com will be held on February 21. Also, on February 22, at 6:30 p.m., at the Federal Way School District Headquarters, the Greater Federal Way Chamber will be hosting a meeting to discuss the International District Community Project. He reminded everyone, the city will host its annual volunteer recognition dinner on Friday, February 23. The 320~ St library will hold a Korean/American Heritage film symposium on February 28. The next meeting of the Oversight Committee will be held on February 28, at 9:00 a. mo Councilmember Hellickson, and his wife Tara introduced their first child, a beautiful little girl named Madison, who made her first television debut on the city's government channel! IX. CITY MANAGER REPORT City Manager Moseley reported he and Councilmember Burbidge attended the SCA meeting last week in Olympia. The city's management team held a retreat last week; part of the discussion focused on ways to implement the Council's 2001 priority issues. The BPA Trail Phase III, extending the trail to 356t~, has recently gone out for construction bids. He, too, reminded everyone of the upcoming volunteer recognition dinner on Friday evening. The spring newsletter should be arriving in homes by the end of this month, along with the city's parks brochure; information will also be posted on the city's website. Mr. Moseley congratulated the city's Public Safety Department on the completion of their recent successful illegal drug investigation and seizure, assisted by the FBI and other state and county police agencies. EXECUTIVE SESSION Potential Litigation/Pursuant to RCW 42.30.110(1) (i) City Manager Moseley announced the executive session previously scheduled has been canceled. Federal Way City Council Regular Meeting Minutes February 20, 2001 - Page 5 of 5 XI. ADJOURNMENT There being no further business to come before the Federal Way City Council, Mayor Park adjourned the regular meeting at the hour of 7:35 p.m. N. Christine Green, CMC City Clerk CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: VOUCHER CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: Expenditure Amt: Contingency Reqd: $1,714,195.68 $1,714,195.68 ATTACHMENTS: VOUCHER LIST SUMMARY/BACKGROUND: I, the undersigned, do hereby certify under penalty of perjury that the materials have been furnished, the services rendered, or the labor performed as described herein and that the claims are just and due obligations against the City of Federal Way, Washington, and that I am authorized to authenticate and certify to said claims. Management Services Director CITY COUNCIL COMMITTEE RECOMMENDATION: Approve attached voucher pursuant to RCW 42.24 CITY MANAGER RECOMMENDATION: Motion to approve vouchers. ....................................................................................................................................................................................................... ..........................................................APPROVED FOR INCLUSION IN COUNCIL PACKET:~ (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # ORDINANCE # FIRST READING ENACTMENT READ RESOLUTION # CITY MEMORANDUM Date: To: Via: From: Subject: February 23, 2001 Finance, Economic Development & Regional Affairs Committee David Moseley, City Manager Marie Mosley, Deputy Management Services Director Vouchers Action Requested: Accept the vouchers and forward to the March 6th Council meeting for approval. 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I~ o o I~- o o ¢.* m o 0 I1' o 0 I~ o 0 I'~ oO o~ ii o ~! o # # # 1i II II II ~ ~ II I, II II II II II II II II II II II II II II II II II II II II II II II II I ~0 ~0 ~0 ~0 ~0 ~0 ~0 ~0 ~0 ~0 ~0 ~0 ~0 ~0 ~0 ~01~ II O~ O~ O~ O~ 0 ~ 0 ~ O~ 0 ~ O~ O~ O~ 0 ~ O~ 0 ~ O~ 0 ~ ~ ~ ~o ~o ~o ~o ~o ~o ~o ~o ~o ~o ~o ~o ~o ~o ~o ~o, II -- 03 ~1 II 0 II II II II f~ . o 0 ::3" ,,'] ~ Il II -' <: 0 0 c: C c: c: c: o o 0 0 0 0 0 0 0 0 0 o o t-I o H H H H H H H H H L S._..~ ~ o 0 o ~o ~o ~o ~o ~o ~o ~o ~o ~o ~o ~o ~o ~o ~o ~o ~o ~ ~ ~ O~ O~ O~ O~ O~ O~ O~ O~ O~ O~ O~ O~ O~ O~ O~ 0~ ~ ....P P --P ,-P ,.p ,.p ..p .,p ..p ..p ..p ..p .,p ..p .-p ,-pi IIII ~-' - - 0' 0 00 0 ~ 0' 0 ~ 0' 0' 0' 0 ~ 00 0 ~ 0' 0 ~ ~" ~ ¢, ¢ o~ o o o o o o o o o o o o H H H H H H H H H H H H H H H H 0% 0~ 0'~ 0% U'I U'I U1 I~1 ~ U3 U1 U1 U3 U'I U1 U3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ol, 0 ~0 ~,-] 0 0 H 0 H 0 0 II II II II II II II II II II II II I1 II II II II 11 II II II II II II II II II II II II II II II II II II II II o 0 o o o 0 II II II II II II II II II II II II Il II II II II Il II II II II II II II II II II II II II II II I1 II # II II II II # II II II II CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Final 2000 Financial Report CATEGORY: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: Final 2000 Financial Report SUMMARY/BACKGROUND: CITY COUNCIL COMMITTEE RECOMMENDATION: Was reviewed and approved by the Finance Committee during their meeting on February 28, 2001. CITY MANAGER RECOMMENDATION: Motion to approve Final 2000 Financial Report APPROVED FOR INCLUSION IN COUNCIL PACI~~ (BELOW TO BE COMPLETED BY CI~ CLERK'S OFFICE)~ COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st READING ENACTMENT READ ORDINANCE # RESOLUTION # K:\FIN\M FRL~kGN DABLL.DOC OITY ~F ~ MEMORANDUM Date: To: Via: From: Subject: February 23, 2001 Finance, Economic Development & Regional Affairs Committee David Moseley, City Manager Marie Mosley, Deputy Management Services Director Final 2000 Financial Report Action Requested: Accept the Final 2000 Financial Report and forward to the March 6th Council meeting for approval. Committee Chair: Committee Member: Eric Faison ~ ~' ,/"- ~ K:\FINZMFR\MFRFEDRACCVR.DOC Qucslions?? Contact: Marie Moslcy 661-4063 Tho Kraus 661-4170 Sandns Jurich 661-4096 I'am Swett 6614062 "A City for All of Us" Overview 1 Significant Events 1-3 General Government Revenues 4 -13 Expenditures 14-23 Attachment A 24 Final 2000 Financial Report The Monthly Financial Report is intended to provide an overview of financial activity that has taken place in the reporting period. This report focuses mainly on activity incurred in the following operating funds: General, Street, Arterial Street, Utility Tax Projects, Solid Waste & Removal, Snow & Ice Removal, Hotel/Motel Lodging Tax, CDBG, Paths & Trails, Surface Water Management, Strategic Reserve, Airport Strategic Reserve, Debt Service, and Dumas Bay Centre. The Summary of Sources and Uses (Attachment A) captures financial activity through December 2000 using the modified accrual basis of accounting for the years 1995 through 2000. Under the modified accrual basis of accounting, accruals are made in the closing period of the year (Period 13). Throughout the year, revenues are recorded when received in cash and expenditures are recorded at the time liabilities are incurred. These accruals are reflected in the Revenue Summary by Major Revenue Sources, the Expenditure Summary by Department, and Attachment A. All other charts and graphs do not include accruals, but are reported on a cash basis, consistent with all prior reports in 2000. 1 O- Year Anniversary: The City held their 10th Anniversary celebration on Monday, February 28, 2000 to honor the City's first ten years and recall the efforts of community leaders who worked tirelessly to make city hood a reality. Certificate of Achievement for Excellence in Financial Reporting: The City of Federal Way received the highest form of recognition in governmerital accounting and financial City of Federal Wa, y December 2000 Monthil~ Flnaoc!al Report Sister City Trip: On March 29, 2000, twelve of the City's residents embarked on a nine-day trip to Tonghae, South Korea to establish business and cultural ties with the Pacific Rim, and to sign the official sister city agreement. The cost of travel for two staff members and fou~ Council members was through public and private donations in the amount of $8,500 from Weyerhaeuser, Puget Sound Energy, King county Cultural Arts Program, and Jin's Trading Company. Budget Open House: The City held Budget Open Houses on March 28~ and on April 13t~. The agenda included presentations from the City Manager and the Management Services Director explaining how the City's budget works and to get feedback from the community on priorities and level of service for the next biennial budget. The attendance by the community was strong, and many good questions were addressed. State Legislature Approves Supplemental Budget: The State Legislature has approved a total distribution of $66.3 million to cities and towns to replace some of the losses from the repeal of the Motor Vehicle Excise Tax under Initiative 695. The municipal assistance will be distributed in two portions, with approximately one-third of the assistance to be distributed between July I and December 31, 2000 and the remaining two-thirds distributed for the calendar year 2001. The City of Federal Way received a total of $228,709 in 2000 and $457,417 for calendar year 2001 and an on going funding in future years with a fiscal growth factor adjustment. Upgrade of Bond Rating: Fitch IBCA, an internationally renowned credit rating agency has upgraded the city's general obligation bond rating from an A+ to an AA-. The boost resulted from a review of financial management practices in western states. Although 23 local governments received upgrades, governments in Washington were largely precluded due to the passage of 1-695, with the exception of Federal Way. The higher bond rating allows the City to borrow money at a lower interest rate, which reduces the cost of City projects. Utility Tax on Pagers: In May 2000, the State Supreme Court decided in Western Telepage v. City of Tacoma, that the city's utility tax on paging services is consistent with the statutory definition of a taxable telephone business under RCW 82.04.065(4). 2000 City Services Survey Results: As part of the 2001/2002 budget preparation process, the City prepared a survey asking citizens to rate the City's services. The survey was sent to approximately 36,000 homes and was made available on the website, and in various public buildings. By May 31st, we had received 750 responses (93% from City residents and 7% from people who use City services but do not live in the City). In general, the City is providing the appropriate mix of services at levels that are balanced with the available resources. Other than the consistent and urgent need of traffic fixes to relieve congestion, higher service levels in certain areas do not appear to be widely supported if such service levels require higher taxes. Valley Communications Facility Funding: In June 2000 the members of Valley Communications met to interview underwriters for the bond issuance in September 2000. The $13 million bond will be to fund the dispatch facility at their new location in Kent. Warrant Compliance Project: The Public Safety department and the Municipal Court have initiated a new volunteer project to help clear outstanding Municipal Court warrants. Trained community volunteers made phone calls to people with outstanding warrants for their arrest and enc6uraged them to resolve their warrants. Phone contact is generally made during evening and weekend hours. After just a few hours, volunteers identified 36 warrants, notified 13 people and cleared 5 warrants for a total dollar value of $11,000. Family Fest: This year's Federal Way Family Fest was held the weekend of August 25 - 27 at Steel Lake Park. The annual community celebration kicked off Friday night with carnival rides and special performances followed by a parade Saturday morning. The festival officially ran through Saturday and Sunday and featured delicious food, a variety of fun activities, beautiful arts and crafts, two stage performances, sandcastle demonstrations, stories from many cultures, hands-on demonstrations, and much more. Grant/Contributions Received: The Public Safety Department was awarded $12,310 from the Washington Traffic Safety Commission for the full funding to acquire two Kustom Brand ProLaser III speed-measuring devices with holsters and two Kustom Brand Talon Model radar unit, The Department has received several grants from the Washington Traffic Safety Commission in prior years. City ofFederalWaF December 2000 MonthlF Financial Report Annual Audlt: - 'u August 2000, the City of Federal Way received an "unqualified opinion" from the Washington State Auditor's Office for the 999 annual audit, with no findings or management letter. The last six audits have all been of similar nature. Biennial Budget: The 2001/2002 Proposed Biennial Budget was presented to the City Council at the September 19"' City Council Meeting. The budget includes proposed operating expenditures of $38.3 million and $38.8 million for 2001 and 2002 respectively. Proposed operating revenues total $40.6 million and $41.2 million for 2001 and 2002 respectively. Department presentations and special study sessions are scheduled for October 24-26"'. 1-695 Supreme Court Decision: 1-695 contains two subjects: (1) limiting license tab fees to $30; and (2) requiring voter approval of all future state and local tax increases. Because these two subjects are contained in both the title and the body of the initiative,.the Supreme Court declared 1- 695 unconstitutional on October 266. However, the motor-vehicle excise tax that 1-695 repealed will not be reinstated. Earlier this year, the Legislature repealed the MVET to ensure that, even if 1-695 were declared unconstitutional, the $30 license tab fee would remain in effect. I- 722 Passage: On November 7t~, voters of the State approved Initiative 1-722 by a 56 to 44% majority. This initiative would (1) declare null and void tax and fee increases adopted without voter approval by state and local governments between July 2, 1999 and December 31, 1999; (2) exempt vehicles from Property taxes; and (3) limit property tax increases, starting with the 1999 valuation level, to the lower of 2% per year or the inflation rate. A separate limit would apply to new construction, and maintenance improvements would be exempt from tax. A number of local jurisdictions have filed complaint and are seeking injunctions for the implementation of this initiative. At their November 14t~ budget deliberations, the City Council approved a budget based on a property tax that is consistent with the 2% limit required by 1-722. 1-722 Update: On December 15t~, Thurston County Superior court extended the preliminary injunction against implementation and enforcement of 1-722 to all cities, coUnties and towns. Major Capital Purchases: As approved by the City Council, major capital purchases for the city include: (1) Document Imaging System - to provide an efficient and cost effective alternative to the city's record retention and retrieval needs. In addition to preventing the loss of records, other benefits include saving storage space, providing a central location and quick access to documents for both staff and the public, and maintaining the authenticity and security of the documents; and (2) Interactive Voice Response System for integration with the city's Permit Tracking System. Citizens can call and schedule inspections until 5:00 am on the day of the inspection. The new system will improve customer service as well as staff efficiency, and is expected to go into service on January 1, 2001. Council Adopted 2001/2002 Budgets: The City Council adopted the 2001/2002 budgets at their November 21*t Council meeting. The total budget approved for the year 2001 is $53,119,447 and the total for the year 2002 is $56,713,795. Ci~. of Federal Way December 2000 Monthly Financial Report General governmental operating revenue collections through December total $42,385,97 I, which is $5,535,176 or 15.0% above the year-to-date budget of $36,850,796. Of this amount, $1,836,885 is related to Utility taxes and REET that are reserved for the payment of debt service. Attachment A provides a comparison of year-to-date revenues by major sources for 2000 with comparative figures for the past 5 years. REVENUE SUMMARY BY MAJOR REVENUE SOURCES Period Ending December 31, 2000 Property Taxes $ 6,612,491 $ 6,833,380 $ 6,833,380 6,976,972 $ 143,592 2.1~/( Sales Tax 9,664,945 8.837,773 8,837,773 10,332,439 1,494,666 16.9=,{ Hotel/MotelLodging Tax 47,181 87,035 87,035 126,767 ' 39,732 45.7% Cdminal Justice Sales Tax 1,478,344 1,409,626 1,409,626 1,632,969 223,340 15.8% 5,047,524 3,152,273 3,152,273 4,003.792 851,519 27.0% Intergovernmental I 79.1 Real Estate' Excise Tax[ 2,438.148 1.200.000 1.200,000 2.149,691 949,691 3ambling Taies I 1,430.362 1.209,600, 1,209,600 1,668,094 458,494 37.9~A Lltility Taxes I 5,235,789 4,703,276 4,703,276 5,590,470 887,194 18.9~/~ Fines & Forfeitures ~ 833,953 949.700 949,700 892,809 (56.891) -6.0'/{ I 1,288.040 1,018,742 1,018,742 1,132,419 113,677 11.2% Building Permits/Fees-CD Expedited Review Fees-CDIi 98,677 73,556 73,556 92.732 19,176 26.1 ROW Permits/Fees-PW I 237,869 226,567 226,567 260,397 33,830 14.9% Expedited Review Fees-PW i 66.243 38,530 38,530 51,501 12.971 33.7% Licenses 179,120 118,253I 118,253 137,180 18,927 16.0~ =ranchise Fees 469,923 515,508 515,568 496,418 (19,090) -3.7~,4 Recreation Fees 525,263 555,852 555,852 538,930 (16,922) -3.0% Dumas Bay Centre 492,702 479,578 479,578 484,865 5,287 1.1% Knutzen Family Theatre 48,883 62,230 62,230 81,144 18,915 30.4% Interest Earnings I 1,064,181 929,554 929,554 1,315,590 386,036 41.5% ~.dmin Fee-SWM & Solid Waste i 168,480 171,006 171,006 170.588 (419) -0.2~ SWM FeesI 3,125'973 3,142,645 3,142,645 3,074,347 (68,298) -2.2e/~ Refuse Collection Fees~ 147.062 150,752 150,752 154,365 3,613 2.4% Police Services I 302,902 838,578 838.578 967,328 128,750 15.4~A :::)ther~i 153,075 146,782 146,782 54,1 64 (92,616) -63.1 Inter~Jnd Transfers- In I 5,381,058 7,230,373 7,230,373 6,043,931 (1,186,442] -16.4~/~ Other Financing Sources $40,000,000 $35.000.00O $30,000.000 $25,000.000 $20.000.000 $15,000.000 $10,000,000 $5.000,000 2,623, $- COMPARISON OF 2000 OPERATING REVENUES - BUDGET TO ACTUAL Total 2000 Budgeted Revenues $:36,~50.796 42,385.971 Jan Feb Mar Ap~ May Jun Jul Aug Sep Ocl Nov Cit~ o£ Federal Fe~a~ December 2000 Monthly Financial Report Property Tax: Property tax revenues collected through December total - ~;143,592 above the 2000 annual budget of $6,833,380. $6,976,972, which is an increase of $364,481 over 1999. It is also Real Estate Excise Tax: For the year-to-date comparison, real estate excise tax continues to exceed prior year's collections. Through December, revenues total $2,149,691, which is $949,691 or 79.1% above budgetary projection of $1,200,000. For the current month, we received $153,124, which is $51,920 or 51.3% above the monthly estimate of $101,203. The current month includes over 193 sales transactions totaling $56,165,033. There were three large transactions: (1) the largest transaction being the sale of the Olive Garden Restaurant in the amount of $20,430,000; (2) Crystal Point, a 105 unit multi-family property for $6,215,500; and (3) an RV Sales/Garage Service commercial property in the amount of $4,017,050. January $ 146,325 $ 163,211 $ 289,269 $ 93,147 I $ 103,300 $ 10,154 10.9% Febru a ry 94.719 119,717 65,939 58,710I 103,388 44.678 76.1% March 101,508 82.116 80,862 74,070 166,189 92.119 124.4°,4 April 132,678 166,282 203,522 110,136 166,725 56,588 51.4% May 186.187 189,860 169.610 104.960 183,110 78.149 74.5°A June 108,060 270,672 162,569 101.074 182,137 81.062 80.2°~I July 120,432 295,738 278,955 127,767 323,080 195,313 152.9% August 231,911 324,962 194,853 113,198 203,579 90,381 79.8% September 181,490 137,949 326,168 119,222 163,636 44,414 37.3% 3ctober 151,333 204,439 279,424 106,563 299,621 193,058 181.2% ~lovember 216.381 143,877 209.096 89,950 101,804 11,855 13.2~A [3ecember 188,999 132,448 177,881 101,203 153,124 51,920 I 51'3~A Est. REValue $ 372,004,640 $ 446,253,716 $ 487,629,564 $ 240,000,000 $ 429,938,264 $ 189,938,264[ na · Represents mo~'lthly historical patterns for the 2000 Adopted BudgeL ' :$1,200,000 - REAL ESTATE EXCISE TAX :ACTIVITY Through December City o[ Federal Way December 2000 MonthlF Financial Report gales Tax: Sales tax received· through December of $10,302,450 is $1,464,677 or 16.6% above the year-to-date budget of $8,837,773. Compared to 1999 year-to-date, sales tax increased $637,505 or 6.6%. Sales tax received in the month of December totals $835,270 that is $58,243 or 7.5% above the adopted budget estimate of $777,027. Compared to December 1999, sales tax decreased $21,492 or 2.5%. Table reflects the cash basis of accounting $1.250.000 $1,150.000 SALES TAX REVENUES December 1998 through December 2000 Holiday Season 1998 and t999 $1;050.000 ...... $950.000 $850,000 $750,000 $650.000 CI~ of Federal Way December 2000 Monthly Finat~_c!n_t. Report .Ret~lTrade $5,004,183 $5210,13855,333,368 $ 5,56'/,252 $ 6,136,185 $ 6,595,602 $ 459,417 7.5~/4 8en4ces $. 6~,377 $ 733,658 $ 80~.219 $ 856,596 $ 917,612 $ 1,061.113 ' 143.501 15.b~ ~:~slruction/Contracting $ 74.3,923 $ 503.797 $ 645,397 $ 664,697 $ 1,653,~! $ 1.104,115 50,261 4.8~/~ ~olesaling $ 565,438 $ 607.132 $ 468,496 $ 512.808i $ 535.546 $ 651.677 116,131 21.7~ ~mnsp/Con'nVUtilities $ 309.324 $ 313.924 $ 3,54.606 $ 360.103 $ 397.800 $ 388.329 (9.471} -2.4°_/.~ IManufactufing $ 376.331 $ 421.078 $ 385.210 $ 447.030 $ 269.838 $ 155,472 (114,366) -42.4% IGovemment $ 101.543 $ 105,041 $ 115.882 $ 142.023 $ 142,594 $ 160.774 18.180 12.7% IFinance/lnsur/RealEstate $ 73,998 $ 81.658 $ 101.302 $ 117,114 $ 116,212 $ 110.025 (6.187) -5.3% s ..; .... .... ..... :;. Retail sales continue to remain the largest source, accounting for 64.0% of all sales tax collections. Year-to-date retail sales tax collections are up $459,417 or 7.5% over 1999, attributable to the addition of several new retail stores that have facilitated the overall increase in retail activity. Year-to-date construction and contracting activity, which accounts for 10.7% of sales tax collections, is up $50,261 or 4.8% compared to 1999 activity. This increase is further reflected in the City's building permit trends. Services industries are 10.3% of the total sales tax collections. Year-to-date services sales taxes are up $143,501 or 15.6% compared to 1999, due to an overall increase in services activity. Manufacturing activity through the end of December has generated $155,472 in revenues: This is down $114,366 when compared to 1999. Just over 75% ~3f this variance is due to a major manufacturing company moving out of the state. However since they Continue to have sales in Federal Way, we will still be receiving sales tax from them, but in much smaller monthly remittances. Since their move in April of 1999 we have been receiving only a few hundred dollars each month. We expect this to continue throughout the year. Government activity through December totals $160,774, which is an increase of $18,180 or 12.7% over 1999. This is due to additional distributions to the Department of Licensing account that relate to the prior period, as well as an overall increase in the monthly activity. SALES :TAX ACTIVITY BY SIC CODE · ' : · :yTDT. hmughlDecember 2000 j jj se~i~s ReJ~il T~de J0.3% Cit~ of Federal Way December 2000 Monthl, y Financial Report Sales Tax Activity by Area: % change from previous yr 269.1% 6.2% 11.2% 6.7% 10.6% -0.2% na na Percentage of total 29.0% 30.3% 32.7% 33.6% 33.8% 31.7% ~ -2.1% -6.3% % change from previous yr 39.7% 66.9% -9.0% -3.3% -3.8% -5.0% na na Percentage of total 13.4% 24.6% 21.7% 19.9% 17.4% 15.5% -1.9% -10.9% % change from previous yr 47.3% 7.7% -1.6% 0.6~ 9.7% 11.2% na ' na Percentage of total 4.5% 4.8% 4.6% 4.3~ 4.3% 4.5% 0.2% 4.3%~ % change from previous yr 59.8% -8.2% -10.3% I 5.0% 1.2% 11.4% na na !Percentage of total 1.3% 1.2% I 1.0%1 1.0% 1.0% f .0% 0.0% 4.5% % change from previous yr na na na ~ -6.3% -6.0% 21.7% na na Percentage of total na 1.4% 1.7%I 1.5% 1.3% 1.5% 0.2% I 14.1% % change from previous yr 101.0% -11.4% 9.7% 6.8% -10.9% 143.4% na na Percentage of total 0.6%; 0.5% 0.5% 0.5% 0.4% 1.0% 0.6% 128.3% Table reflects sales taxes collected through October on a cash basis. SeaTao Mall is also showing a decrease of $84,111 or 5.0% when compared to 1999 activity. This is primarily due to the closure of the Lamont store for one month this year, before the reopening of that space as Gottschalks in September 2000. Major Auto Sales through December have collected $464,949, which is an increase of $46,745 or 11.2% over 1999. This is due to increased sales at the end of 1999 facilitated by the passing of 1-695, which reduced the price of car tabs to $30. South 312th to South 316th Block sales tax activity has increased by $10,510 or 11.4% over 1999 activity. This is mainly due to increased activity in the retail food stores and retail eating and drinking category. Pavilion Center sales tax activity has increased by $26,631 or 21.7% over last year due to the recent addition of a major fabric/crat~ store to the center. Hotels & Motels sales tax collected totals $102,787 through December, which is an increase of $60.549 or 143.4% over the prior year. This is due to several new hotels in the area, whose revenues have been gradually increasing during the year. This increase in activity can also be seen in Hotel/Motel Lodging tax activity. Other 67.3% SALES TAX BY AREA YTD through December, 2000 SeaTac Mall 9.7% S 348th 16.0% Pavilion Center 1.5% S 312th to S 316th Block 1.0% Major Autos 4.5% CiZ~ o.f Federal Way December 2000 MonthlF Financial Report Gambling Tax: Gambling tax collections are up $392,098 or 29.5% over the adopted budget of $1,209,600. Compared to 1999, collections have -'-tcreased $171,336 or 12%. December collections are up $48,525 or 46.9% compared to the monthly budget estimate of ~103,568. ': : '::.:::/~:';::;~i~:,: 5.~ ,~,~;~ :~.~: ;i ~'.".~. · ~'.; ~;,~:',',:,;(~;:~;;;?i~'.~.~ :'5:!' ::i,,:P.::-::., : ' :': · '~; ':';::~:,' -~ ",':.~,~. ~'-i,~ ':::::..' ....................... ~ '-~ ..... 'g' ~z.~- ~ ~'~-'~-~'~-:" ', '~ - ..... .............. ~'.'~""~ · · ' ¢.- "" ...... :': :.:. ' ::. · .::'~:::~; ':~..~-~' x: ...... ~",:~,'* ~ ~'-~ ....... :~--~ '.'~ .~ ' · .. .:': · '.'::;.: ~.:~.~,~' :~ - 5,.-,:.:~'::? ::'" ~anua~ SM,S~a $24,5~ ~,6~6 $28,~82 $~,6~ ~ $~.~9 ' $~27,~ $~,495 Febma~ ~,5~B 24,5~ ~,403 2~,305 98,~7 ~.~95 ~6,227 20,032 20.6% Mar~ 34,516 24,5~ 30,~6 23,162 ~.1~3 95,432 ~,9~2 ~ ~,480 ~2.0% Apdl 28,B11 29,~5 36,~1 29,49~ ~ ~,536 111,387 ~ 42,792 31,4~ 28.2% May 28,811 29,~5 3~,1~ 19,025 ~50,~18 105,833 ~33,7~5 27,862 26.3% June 28,811 29,~5 ~,421 20,~2~ 145,174 1~,525 ~,~ 29,574 28.3% July 25,653 ~7,721 26,0~ ~,69~ ~37,222 ~,793 ~4~ ,075 4~ ,28~ 4~ .4% Au9ust 25,653 17.72~ 17,016 ~,336 ~ 10,0~1 9~,0~ ~03,991 12,935 14.2% September 25,653 17,72~ ~8,4~ ~,915 ~11,~46 92,408 ~43,4~3 5~,075 · 55.3%: October ~8,681 28,7~5 23,~7 50,005 ~ ~5;324 '~,6~ ~ ~,436 49,742 46.6% November ~8,681 28,7~5 20,59~ 5~,~4 ~ ~8,762 ~05,859~ 143,530 37,671 35.6% ~e~m~r 18,681 28,715 ~9,7~ 48,~47 1 ~6,390 103,~6 ~ 52,094 48,525 46.9% :~ ~:: ~::~ ;:' :~6:~1 :~~9~9~ ~3.q~.Z:/~ ~.~ ~$~.8~9:50~ ~$~43~362~ ~:551,209~00 1~$~'~0~;698~~ ~:~ Table reflects gambling activity through Novembe~ on a cash basis of accounting. Games~ingo 0.8% $ 2,483~ 1.2% $ 4,833 0.6% $ 8,242 0.5% $8,405 $ 163 2.0% Pulltabs~unchboar( 85.4% 272,186 67.0% 267,214 24.2% ~6,352 22.3% 357,926 $ 11,574 3.3% Cardrooms 13.8% 44,~4 31.8% 126,~3 75.2%~ 1,075,768 77.1% 1,235,~7: $ 159,599 14.8% Table reflects gambling actJvity through November on a cash basis. Hotel/Motel Lodging Tax: Hotel/motel lodging tax collected through December totals $122,507, which represents activity for November 1999 through November 2000. This is $35,472 or 40.8% above budget, which is due to the opening of a major hotel in June. January $ $ 6,044 $ 5,885 $ (159)' - -2.6% February 4,788 4,578 (211) -4.4% March - 9,491 9,165 (326) -3.4% April - 7,704 7,553 (150) -2.0% M ay 10,576 10,383 (194) -1.8% June 4,541 4,657 7.351 2,695 57.9% July 5,401 5,~90 8,584 2,994 53.6% A~ugusl 5,689 5,756 .___ 12,106 i 6,350 110.3% September 8,538 8,778 15,569~ 6,791 77.4% October 7,613 7,827 15,967 8,140 104.0% November 8,971 9,222 13,463 4,240 46.0% December 6,428 6,602 11.904 I 5,302 80.3% ..... :::. ...... 35,4 2. Table ceflecls cash basis accounting City of Federal FI/ay December 2000 Monthly Financial Report Utility Tax: Utility tax received through .December totals $5,524,444, which is $825,058 or 17.6% above the year-to-date budget of $4,699,386. Compared to 1999, utility tax receipts have increased $317,655 or 6.1%. Cellular taxes exceed the budgetary estimates by $401,039 or 102%, which is consistent with prior months. This is due to an increase in the number of cellular communication companies in our area, as well as an overall increase in cellular activity. .... 1,947,961 1,827,059 1,827,059 1,977,055 $ 149,996 8.2% Gas 385,101 537,631 601,714 527,067 - 527,067 677,259 150,192 28.5% Garbage 244,892 299,138 329,964 320,005 320,005 341,039 21,034 6.6% Cable 361,283 445,560 476,864 472,864 472,864 521,992 49,126 10.4% Phone 732,599 864,198 1,069,707 969,706 969,706 1,063,029 93,323 9.6% Storm Drainage 149,308 120,498 153,973 181,948 178,058 144,522 (33,536) -18.8% Cellular 295,503 409,810 617,191 393,227 393,227 794,266 401,039 102.0% -53.7% Pagers 8,584 11,104 9,415 11,400 ~ 11,400 5,282 (6,118) Storm Drainage 2.6%: .. Utility Tax Reyen.ues Through December 2000 . C~llu'i;ar::: ::::: ' :: erS. : E.!ectr!c :-::3 5~8'/. [] Electric [] Gas [] Garbage [] Cable [] Phone [] Storm Drainage [] Cellular [] Pagers State Shared Revenue: State shared revenues collected total $5,636,761 and are exceeding the adopted budget by $1,074,861 or 23.6%. The majority of the variance is due to the city receiving its 2000 and 2001 distribution from the state of $228,709 and $457,417 respectively, to offset the losses resulting from the repeal of the Motor Vehicle Excise Tax under 1-695. Criminal justice sales tax, which is included in state shared revenues, totals $1,632,969 and is exceeding budget by $223,342or 15.8%. VlotorVehicle Exu== Tax $ I 314 8 $ $ $ 14,673 $ 14,673 0.0°~ 3amper Excise Tax $ 21.426 $ 21.200 $ 21,202 $ 22,046 $ 23,048 22,051 210 (21,841) -99.0% Liquor Profits Tax $ 406.088 $ 414,859 $ 419,545 $ 547,578 $ 412,576 436,548 466,746 30,198 6.c~,'.. Liquor Excise Tax $. 226.801 $ 219.089 $ 223,667 $ 229,987 $ 302,513 235.547 281.352 45,805 19.4% qrim Just Low-Pop/OCD $ 358.394 $ 364,196 $ ~81,095 $ 127,827 $ 145,854 73,200 73,200 0.0% Crim Just Hgh Crime $ 249.393 $ 270,885 $ 286,531 $ 313.550 $ 173.087 n~ Equalization $ 604.974 $ 408,840 $ 386,184 $ 384,423 $ 433,620 1,805 1,805 0,0% _ocal Crim Just $ !,091,874 $ 1,142,910 $ 1,262,828 $ 1,360,175 $ 1,478,344 1.409,626 - 1.632,969 223,342 15.8% --uel Tax $ 1.687,835 $ 1,654,028 $ 1,718,083 $ 1,725.264 $ 1.793,897 1,794,232 1,735,658 (58,574) -3,3% Veh Lic Fees $ 607.873 $ 616.001 $ 644.532 $ 656.631 $ 687.022 __ 663.895 _._ 733.086 69,191 10.4% DUI - Cities -$ $ $ $ $ 16.506 ............. 10.936 10,936 · LocaIGovtFinAsst. - ...... = $ - ' -~- ~ - $ ' $ - $ ' ' ~~~ ![~6;.6§~,:.5~0.7~ ~.~a~v~T~6~:~:.~. '~_ ~9~?~-'~ ~6~:~I~ ~i~2:5~8~68,, ~_.~'~ 686.126 686.126 IU City of Federal Way December 2000 Monthly Financial Report Fines and Forfeitures: Year-to-date fines and forfeitures are below budgetary projections by $56,891, or 6.0%. Revenues are exceeding 1999 activity by -'58,856 or 7.1% through December 2000. DUI and other misdemeanors collected through December total $163,025, which is .;5,749 or 51.3% above the estimated budget of $107,277. Criminal costs collected year-to-date total $94,612, which is $42,203 or 80.5% above the adopted budget of $52,409. Feb~a~ ~.~2' ' ~.197 ~.~ 67.~ ~.167 74.077~ ~.177 ' 12.1~ 16.3% Ma~ ~,~ 47.~ ~,673 ~,~ 67.416 ~.2~ 83.~ 3.711 4.6% ~dl ~,415 51.7~ 51.1~ 57,~1 ~.~ 85,0~ 74.273 (10.747) -12.6% May 49.7~ ~,5~ 5~978 73.670 61,~ 81.6~ ~ 75,~1 (6.1~) -7.5% June ~.~ ~.811 ~,~ ~,~ 75.375 ~,187 ~ 73.~ (11.141) -13.~ July 69.~ ~.~1 ~,OI6 81.~ ~,411 83.123 ~ 71,~7 (11,1~) -13.4~ ~gust ~,319 ~.~ ~.7~ ~.~1 75.7~ ~,~9 ~ 97.179 2.~1 2.8% ~pt~ ~.2~ ~,218 ~.~1 72,~ ~.~, ~.~3 ~ 71.311 (6,~2] ~tober ~.~2 41,~ ~,376 74.815 59;~1 '~.015 ~ ~,~5 (19.~] -24.2% November ~,281 ~.791 4~,810 57,~1 ~.8~ 70,181 ~ 71.763 1,~1 2.3% 3e~em~r 40.1 ~ ~.~9 67.5~ ~,~ ~,~ 69, 2 ~~ 65. ~ ~ (4.1 ~) ~.~ Civil F,=~;es $2.560 $2..8~9 $2..144 $6.804 $4.7E0 $6.011 I $6.0H $5.466 (545) -9.1, TraITK: & Non-Parking 444.227 372.933 406.642 546.118 470.113 E~6.463 635.463 510.574 (124.889) -19.'PA 3LII &O~er Msd 63.699 ~9.9(~ 74.580 87.048 1C8.76~ 107,.2771 107.277 1E~.Q25 55.749 52.0~ False Alarms 8,~60 17.439 5,915 5,875 2~025 15,906 15,936 2.977 (1?.,cji, -81.3'/ , ,,~r~?~':"' T ,~ ,, r,~',~.,~;~ , ,, , ~ ~ ,'-~'~; ........ "" , 11 City of Federal ~VaF December 2000 Monthly Financial Report Building permits & Plan Check Fees: Building permit revenues collected total $1,076,977, which is above budget estimates by $58,235 or 5.7%. This does not include pass through revenues of $148,175 for expedited and environmental review. Building permits, which include mechanical, plumbing and clear/grade permits total $483,817 through the end of December. This is a decrease of $148,357 'or 23.3% compared to the adopted budget of $630,867. Electrical permits total $91,322, which is below budget by 7.4%. Plan check fees collected through December total $355,778, which is $144,811 or 68.6% above the adopted budget of $210,967. Significant building permits issued in December include the Home Depot Tool Rental Center project and Coldwell Banker Bain. . ~tums indude ~ Develo13ment AdminL~Jatio~ (001-5200-071). Platting (001-5200-073) and Bulling (001-5200-074). 12 City of Federal FFa, F December 2000 Month'lF Financial Report The table below presents a synopsis of building permit activity as of December 31 for new construction between ! 996 and 2000. New Residential (Platted) 96 $ 17.217.513 120 $ 22.766.312 93 $ 18.809.103 99 $ 19.933.157 57 $ 8.974.782 New Residential (Unplatted) 0 0 12 2810.039 2 0 0 0 0 0 New Commercial 12 5.514.653 7 t.168.129 18 25.334.419 14 22.828.684 20 25.738.711 New Multi-Family Units 3 11.793.140 10 12.749.858 15 3.548.887 5 16.166.880 12 3.816.496 New Public 0 0 0 0 0 0 0 0 0 0 Manufactured H<xnes 11 69,039 14 96.090 16 120.780 12 86.977 Reslden0al AReraltons 127 1.785.004 198 2.5.50.902 231 2.242.521 239 2.918.781 128 2.486.711 Commendal A]tera~ons 122 8.720.211 130 7.140.945 139 6.215,216 146 17.771.998 230 12.815.413 PubrK:ly Owned 0 0 0 0 0 0 0 0 0 0 Plumbing Only 33 223,364 37 300 26 2.OOO 19 0 68 0 Me<:~anlcal Only 251 17,080.843 328 16.538,896 274 43.117,545 381 31.729.338 365 1.526.575 Misc. Building Pemlits 29 433.955 63 537~371 175 1.860.049 118 2.272.124 0 0 Elecbtcal Permits 610 0 697 0 1133 0 1i59 1113 Non-Building Permits: ' ' --- Fire Permits 49 451.003 48 523.696 51 138.020 100 2.~09.964 Sign Peri, Rs 172 379.885 235 392.020 267 545.559 259 768.637 357 1.059.815 RO~F Permits and Fees: Overall Public Works permits and fees collected through l~ecember total $260,397, which is $33,830 or 14.9% above the adopted budget of $226,567. This does not include pass through revenues of $51,501 for expedited review. Plan review fees collected total $120,325, which is $29,239 or 19.5% below the adopted budget of $149,564. 13 CiO, of Federal Way Final 2000 Financial Report General governmental expenditures through December total $36,167,233 or 93.4% of the annual operating budget of $38,704,259. Operating expenditures are below the year-to-date budget by $2,537,025 or 6.6%. When compared., to 1999, expenditures are up $347,046 or .97%. EXPENDITURE SUNltdARY BY DEPA~<m NF_NI' Period Ending Decent:~er 31, 2000 City Manager 595,744 ! 605,720 605,720 405,195 200,524 33.1~ Munidpal Court-Opera~ons I - 909,241 909,241 793,644 115,597 17_7~ ~lunidpal Court-Start up I - 91,122 91,122 68,517 22,605 24.8% Managerm~ Sen/icesI 1,728,101 1,854,269 1,854,269 1,613,592 240,677 13.0~ Civil/Criminai Legal Services I 1,261,989 1,224,040 1,224,040 1,225,375 I (1,335) -0.1~ Carrm Development Services!' 2,768,211 3,376,757 3,376,757 2,969,746' 407,011 12.1~ Police Sen4ces I 11,950,812 ~ 13,129,237 13,129,237 12,899,772 229,465 1.7% Jail Sen4ces I 1,399,403 1,200,000 1,200,000 1,492,341 (292,341) -24.4% Parks and Recreation 3,088,798 3,106,062 3,106,062 3,007,220I 98,842 3.2~ ~ublic VVorks i 3,285,979 3,553,913 3,553,913 3,140,923 { 412,9901 11.6~ City Overlay Program I 1,764,443 1,918,510 1,918,510 1,458,054 1 46O,456 I 24.0% Snow & Ice Rermval 21,371, 55,O52 55,052 9,711 I 45,341 i 82_4% Solid VVaste ! 233,635 312,366 312,366 294,540 i 17,826 ' 5.7~A Surface VVater Management I 1,562,123 1,795,621 1,795,621 1,533,594 26'2,027 i 14'6°4 Debt Sen4ce i 5,307,192, 4,612,156 4,612,156 4,328,241 i 283,915 6~% Dumas Bay Centre ! 487,164 485,578 485,578 475,759 I 9,819 2_0% Kn_[_~ _~n. Family Theatre I 147.~ t 1_m_~30 162,230 183,2801 (21,050)i -13.0% ~ Finandng Uses 9,253,813 1 ..... !.!:42~'.3~. 11,425,326 9,558,265 1,869,001 1 $40,000,000 $35,000,000 $30,000,000 $25,000,000 $20,000,000 $15,000,000 SI0,000,000 $5,000,000 1,72 S- Jan COMPARISON OF 2000 OPERATING EXPENDITURES - BUDGET TO ACTUAL Total 2000 Budgeted Expenditures $38,704,259 Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec City of Federal WaF Final 2000 Financial Report _Municipal Court 'ariance Analysis: . hrough December, Municipal Court Startup has expended $68,517 of its carry-forward budget of $9 !, 122, which includes tenant improvements completed this summer as well as furniture and equipment, computer hardware and software. Municipal Court Operations expenditures total $793,644, which is below the adopted budget of 909,241 by $ ! 15,597 or 12.7%. Savings can be found in salaries and benefits, including temporary help and overtime, which are 68.8% expended. Temporary help totals $116,609 through December, and includes charges for security guards. Savings can also be found in other services and charges which are 66.0% expended at year-end. Civil/Criminal Legal Variance Analysis: Activity through December totals $1,225,375 and is above the budget estimate by $1,335 or .1%. Salaries and benefits, which make up 61.3% of the budget, are 104.6% expended, for a total of $75 !,066. Savings can be found in other services and charges, which are 91.7% expended at the end of fourth quarter and intergovernmental charges are only 29.4% expended, or $294 of the annual budget of $1,000. Management Services Variance Analysis: Total expended through December is $1,613,592 or 87% of the annual appropriation of $1,854,269. Through December, MS is below their budget by $240,677 or 13% of the year-to-date budget of $1,854,269. Savings can be found in salaries and benefits which are 92.1% expended and in supplies, which are 73.8% expended at year-end. There are also savings in residual equity transfer charges for capital purchases, which are 27.6% expended. Community Development Operations Variance Analysis: Total expended through December is $2,969,746 or 87.9% of the annual appropriation of $3,376,757. Through December, CD is below their budget by $407,011 or 12.1% of the year-to-date budget. Salaries and benefits are 92.1% expended with a savings of $147,606, which is partially due to the difficulty in replacing some technical positions. Other services and charges total $707,968 or 88.9% of the total budget ($795,560). Internal service fund charges total $474,558 or 72.45% of the total budget of $655,057, and reflect fourth quarter maintenance and operations charges. Community Development Block Grant: The following tables are summaries of City Managed Projects and King County Managed Projects through 4th quarter. COMMUNITY DEVELOPMENT BLOCK GRANT CITY MANAGED PROJECTS Activity Summary Report for the Pedod Ending December 31, 2000 Program Total L-T-D * L-T-D. * 2000 2000 Ending Description Grant Award Expenditures . 'Adjust Begin Bal Expend Balance (10,580) (9,405) 1999 Program 961 Planning & Administration 73,133. 62,553 961 ' DomesticViolenceConrdinatoc-lnterfund 21,648 12,243 962 CARES (Managed by Multi Set,ices) 49,290 49,290 972 Community Health 12,600 12,600 - 973 Downtown International Distdct (FW ChambeO 99,283 3,353 - 95,930 9,795 86,135 Total 1999 255,954 140,039 (19,985) 95,930 9,795 86,135 2000 Program - - 961 961 962 964 972 ~)73 71,918 71,918 21.648 21,648 50,280 50,280 7,832 7,832 10,000 10,000 74,526 74,526 Planning & Administration Domestic Violence Coordinator- Interfund CARES Parent & Child Education COmmunity Health 53,763 20,807 50,280 6.525 10,000 18,155 641 1,307 International District Improvements 74,526 Total 2000 236,204 236,204 141,375 94,829 TotaICity Managed Projects $ 3,044,773 $ 2,478,504 $ (234,135) $ 332,134 $ 151,171 $ 180,963 Funds are recaptured specifically for City's projects, but could be for either public se[vice or capital p~ojects. 15 C!t~ of Federal 14'a,y Final 2000 Financial Report COMMUNITY DEVELOPMENT BLOCK GRANT KING COUNTY MANAGED PROJECTS Activity Summary Report for Ute Period Ending December 31, 2000 Begin Bal Program Total L-T-I:) L.T-O° Remaining 2000 Ending Description Grant Award Expenditures Recap/Roll for Exp-2000 Expend Balance 998 Easter Seal Society of Washlngto~l 18.989 (18.989) Homesight-Homeownership Assistance Program 75.000 60.000 150000 15.000 ElderHeaith Connectio~ Program Facility Renovation 10,000 (tO.000) Transitkxtal Housing-FWCCN 50.000 47.776 (2.224) KC Housing Rehab 170,000 t58.356 (11,644) KC Housing Auth(x~ty-FW Duplexes Rehab 8,400 8.400 KC Housing ^uthoHty 10.000 10.000 KC Housing Authority-Laurelwood Gardens Apt Playground 40.000 40.O00 40.000 Outreach Alive 20.000 (2o.00o) Total 1998 44)2,389 284,532 {62,857) 55,000 1999 Vk:todan Place II Renovati(m 20,000 20,000 Mental Health Housing Foundation Condos 40,0OO 40,000 40,000 ' - Boys and Gids Club Fro~t Entrance 34.742 34,742 34,742 Young Aduit;Suppo~tive Housing 30,000 - Habitat for Humanity Site Preparation 40.000 40,000 40.000 Southridge House Fire Safety Upgrades 83,400 83,400 83.400 Group Home Site Preparatio~t 22.500 22,500 Children's Residential Treatment Facitity 5.000 5,000 5.000 Housing Repair Program 140,000 69.950 - 70.050 70,050 Total 1999 415,642 t12,450 (30,000) 273,192 150,050 123,142 ' 2000 Auburn Youth Resources Federal Way Youth Shelter Community Psychiatric Clinic Transitional Shelter Catholic Community Services Transitional Shelter Habitat for Humanity Site Acquisitio~ Housing Repair Program KCHA-Nike Manor Rehabilitation MSC Driveway Enhancement Project MSC Westway Townhouses Rehabilitation Washington State Youth Soccer Association Site Acquisition 4o.ooo (4o.ooo) 15,000 (15,000) 15,000 15.000 15.000 15,0OO 15,000 30,000 30,000 140,000 140.000 52.687 87,313 35,000 35.000 35,000 6.677 6,677 6,677 29,000 29,000 29,000 - 75,000 - 75,000 75,000 $370,677 $0 ($40.000) $330,677 $96,687 233,990 $306,737 357,t33 Total Projects Managed by KC $2,263,235 $1,429,358 ($170,007) $663,870 * Reflect funds that have either been recaptured (unexper~ed funds are put back in the pot and reallocated in future years fo~' city's use) er. rolled over (balance is carried over to the next year and added to similar project, such as Housing Rehab.) ' Parl, s and Recreation Variance Analysis: Parks Operations: Expenditures total $3,007,220, which is $98,842 or 3.2% below the year-to-date budget estimate ($3,106,062). This is 96.8% of its annual appropriation. The savings is primarily in salary and benefits, which total $1,329,212 or 88.3% of its budget ($1,505,482) and is due to vacancies. Savings can also be found in supplies which are 86.7% of the $209,440 adopted budget, however, other services and charges total $825,480 or 110.4% of its annual budget ($747,786). Through December, temporary help totals $329,927 or 99.4% of its annual budget ($331,995). Dumas Bay Centre: Operating expenditures through December total $475,759, which is below the year-to-date budget of $485,578 by $9,819 or 2.0%. There are savings in salaries and benefits, which is $8,951 below the budget of $126,776 or 92.9%. Savings can also be found in I/S charges which are at 52.5% of the $33,409 total budget, and include 4th quarter charges. Overall expenditures for Dumas Bay Centre are 98.8% expended. City of Federal Way Final 2000 Financial Report Knutzen Family Theatre: _Operating expenditures through December total $183,280 or 13.0% above the adopted budget ($162,230). The current xpenditures exceed the year-to-date budget by $21,050 or 13.0%. This year-to-date budget is a straight-line allocation of the .nnual budget, based on the fact that we do not have any history upon which to base future fluctuations in spending. The increase in expenditures is offset by an increase in revenues of $18,914. The table below summarizes recreation and cultural service and Dumas Bay Centre activity, and their related recovery rates. ATHLETICS AND SPECIALIZED SERVICES Community Center 20,500 20,775 101.3% 65,943 56,579 85.8% 31.1%1 36.7¥~ Senior Services 22,333 18,181 81.4% 62,340 76,249 122.3% 35.8%I 23.8%I Special Populations 10,700 18,934 177.0% 50,290 63,938 127.1%~ 21.3%1 29.6% Youth Commission 500 0.0% 2,400 1,267 52.8% 20 8%! n/a Adult Athletics 163,850 196,975 120.2% 117,215 128,981 110.0% 139.8%t 152.7% Youth Athletics §9,100 83,346 ' 84.1% 88,821 80,086 90.2% 111.6%i 104.1% Aquatics 3,000 2,748 91.6% 33,890 35,863 105.8% 8.9%I 7.7¥= COMMUNITY AND CULTURAL SERVICES Arts & Special Events 38,250 29,887 78.1% 55,089 61,713 112.0% 69.4%i 48.4% Community Recreation 128,471 137,196 106.8% 167,976 164,473 97.9% 76.5%I 83.4% Red, VVhite & Blue 16,980 21,506 126.7% 32,500 40,841 125.7% 52.2%~ 52.7% Administration - - n/a 214,333 191,930 L_ 89.5% n/aI n/a TOTAL RECREATION $ 503,684 $ 629,650 I 106-1%1 $ 1,072,319 $ t,054,000 I 98.3%1 42.8%1 60.2%I DUMAS BAY CENTRE I [ I 98.8~, 101.9 Dumas Bay Centre 479,578 484,865I 1o1.1O/oI 485,578 475,7591 98.0%1 Knutzen Family Theatre 62,230 81,144 I 130.4%1 162,230 183,280 I 113'0%1 38.4%[ 44.3%I TOTAL DUMAS SAY CENTRI $ 541,808 I $ 566,009 I 104-5%1 $ 647,808 I $ 689,039 I 10~-7% I 83.6°/ot 88.9°/4 I Arts Commission I - I - I n/al 69 217 I 46 799 ] 67.6%1 n/al n/a~ Revenues do not include interest income, grants ~ operating transfem. Expencfiltxes do no~ include interfund ccmflSbufions. Celebratio~ Pa~ and ~ Ads Commission c~ntract are no[ irx::tuded in this table, but m'e included in Schedule A. Athletics and Specialized Services: Revenues are $340,960 or $20,977 (6.6%) above the adopted budget of $319,983. Direct program expenditures total $442,962 which is $22,063 or 5.2% above the annual budget of $420,566, not including, indirect costs. Recreation fees have recovered 77.0% of direct program costs. Including administrati'Je expenditures totaling $152,081, the overall recovery 'ratio for Athletics and Specialized Services is 57.3%. Community and Cultural Services: Revenues are $188,589 or $4,888 (2.7%) above the adopted budget of $183,701. Direct program expenditures total $267,026 which is $11,461 or 4.5% above the annual budget of $255,565 not including indirect costs. Recreation fees have recovered 70.6% of direct program costs. Including administrative expenditures totaling $191,930, the overall recovery ratio.for Community and Cultural Services is 41. I%. The total recreation recovery ratio, including indirect costs, is 50.2% Dumas Bay Centre: Operating revenues total $484,865 or 101.1% of.the revised budget of $479,578. Operating expenditures total $475,759 or 98% (excluding one time costs) of the adopted budget of $485,578. The Dumas Bay Centre has recovered 100% of all operating costs without considering unearned revenues. 17 City o£ Federal Way Final 2000 Financial Report Knutzen Family Theatre: Operating revenues through December total $81,144 or $18,914 (30.4%) above the revised budget of $62,230. Operating expenditures total $ ! 83,280 or $21,050 (13.0%) above the adopted budget of $162,230. The Knutzen Family Theatre has recovered 44.3% of all operating costs without considering unearned revenues. Public Works The table below presents a year-to-date analysis of the Public Works and Surface Water (SWM) contracts with King County, WSDOT and private vendors. Most on-going maintenance takes place during the spring and summer months. Expedited Plan Review (1) $ 43,530 I $ 56,936 130.8% Development Srv Contracted Inspection (1)I 16,519 n/a Neighborhood Safety/Pavement Marking 35,000 20,781 59.4% Traffic/Transportation - Expedited Plan Review (1) I _ - 10,553 n/a Traffic Counts/Consultants~ 35,000 35,343 101.0% I School Safety/Traffic Maintenance - KC 370,000 339,651 91.8% Street Maintenance - Private Contractors (2) 238,980 177,289 74.2% Street Maintenance - WSDOT ' 85,036 89,587 105.4% Structure Maintenance (3) 119,367 119,367 100.0% Solid Waste Litter Control 47,304 46,795 98.9% 67.0% Water Utility Billing- KC i --- 65,000 ! 43,569 [ 105.4% State Highway Maintenance -WSDOT I 42,500 .44,793 I Water Analysis 13,877 2,825 20.4% Str. Sweeping, Catch Basin, Manhole & Pipes 253,605 236,073 93.1% Snow & Ice Removal 30,000 2,023 6.7% Snow & Ice Removal- Lakehaven Utility District 10,000 I - 0.0% (1) Expedited plan review service expenditures have matching revenues. (2) Private Contracts for streets maintenance/traffic control ($16,687), ROW vegetation, mowing and tree maintenance ($151,938), stump grinding, irrigation services, dangerous tree removal ($3,700), tree replacement ($10,000), small works projects ($10,000), Right-of-way contracted inspection ($31,655) and Pavement Management System ($15,000).' (3) Private Contractors for sidewalk, ramps, curb and gutter maintenance ($112,696) and fences, guardrails, barriers and retaining wall maintenance ($6,671). Variance Analvsis Public Works Operations: Operating expenditures are below the December adopted budget ($3,553,913 by $412,990 or 11.6%, and expended $3,140,923 or 88.4% of its annual appropriation. Savings can be found in supplies which total $72,319 or 85.2% or the allocated budget ($84,838) and in other services and charges total $699,301, which is 91.0% of its annual budget. This is due to some professional services and consulting contracts where services were incurred through December but will not be paid until January 2001. Intergovernmental expenditures through the current month total $407,266, which is 89.5% of the total budget ($455,036). Again, there are contract pay[nents for services incurred in the fourth quarter that will not be paid until January 2001 Cltg of Federal Way Final 2000 Financial Report Solid Waste and Recycling: Expenditures are below budget by $17,826 or 5.7%. This is due primarily to thc timing of grant related activity. WM Operations: Expenditures are below budget projections by $262,027 or 14.6% of the December adopted budget of $1,795,62 i. The savings is due primarily to salaries and benefits, which total $783,912 or 80.6% of SWM's annual budget ($972,919). This is due to the vacancy of budgeted positions within the division. $36,828 has been spent in supplies, or 92.8% of the budget ($36,970). Savings be found in other services and charg6s which are 86.8% expended at $257,009 and in intergovernmental expenditures which are 94.4% expended at $101,510 due to payment of WSDOT street maintenance contracts. Savings in the WSDOT contract is anticipated at year-end due to several Streets CIP projects that will not be completed in 2000 for the maintenance to begin. Public Safety & Jail Services Variance Analysis: Public Safety: Police Services has expended $12,899,772 through December, which is $229,465 or 1.7% below the year-to-date budget of $13,129,237. Savings can be found in supplies where $260,804 or 48.47% of the adopted budget has been expended, travel and training where $116,775 of the total budget ($150,884) has been expended, and in intergovernmental expenditures. Valley Communications has a savings of $113,505 or 88.99% of the adopted budget of $1,030,800. This represents 12 months of expenditures. Other savings include Overtime Police Security which totals $115,450 through December but is offset by revenues collected for the services provided. Residual Equity transfers include the purchase of 9 Motorola Radios ($23,769), 10 Panasonic Laptops ($33,625) and Document Imaging System ($20,286), creating a shortfall of $47,353 when compared to the total budget of $44,128. Salaries and benefits, including temporao, help and termination pay totaled $8,974,032, which is $21,764 above the budget of $8,952,268. Jail Services: Jail services are above the December adopted budget of $1,200,000 by $187,550 or 15.6%. The total expended does not include invoices for December. The chart shows cash basis jail cost and maintenance days' activity for December through November 2000 only. $1,500,000 $1,350,000 . ~ ~ ~$~00,000. · :1994 :. 1995''' 1996 ': I mmm Expenditures Jail Costs vs Maintenance Days Through December ~,. ~ -~,'4~ 19,500 ' '~ :::~:::~.:::':: _ _ _ 1997 1998 ~999 ~2000 19 CItF o.f Federal WaF Final 2000 Financial Report Grants & Contributions: The department recently received the 1999 LLEBG grant in the amount of $97,198 for the funding of the critical incident equipment and mining, which was approved by Council via the mid-biennium budget adjustment. The Department of Justice also recently awarded 2000 LLEBG grant in the amount of $83,790 for the funding of firearms lockboxes, stop sticks and overtime. This grant is pending approval and acceptance by the City Council at the 10/17 council meeting. Other LLEBG grants received by the department include: 1996 LLEBG in the amount $93,695 for 2 recreation coordinators; 1997 LLEBG in the amount of $99,859 for equipment, 1998 LLEBG in the amount of $110,973 for IPSO and vehicle. The 1996 and 1997 grants have been exhausted and the 1998 grant will be closed at the end of the year. Other current grants the department is participating in include the COPS More 98 grant for the funding of a crime analyst and equipment, and the 1999 COPS Universal Hiring Program for the funding of 8 officers. The department also received various contributions from the Washington State Traffic Commission in 2000 for purchase of equipment such as radar units and speed measuring devices. Operating Expenditures By Category The chart below-shows operating expendi~res and financing uses through December 3 ! by category or object code: City Manager Contingency Fund 652,927 1.3% 0.0% Personnel Services 15,561,188 15,030,308 31.0%i 96.6% Benefits 3,432,958 3,192,463 6.8% 93.0% Supplies 995,126 717,056 2.0% 72.1% Other Services and Charges 4,884,249 4,764,330 9.7% 97.5% Intergovernmental Services/Taxes 3,181,259 3,098,011 6.3% 97.4% Interfund Contributions 10,619,527 9,492,659 21.2% 89.4% Residual Equity Transfers 420,331 312,963 0.8% 74.5% Capital Outlays 2,244,121 1,721,468 4.5% 76.7% Debt Service - Principal 2,788,739 2,585,092 5.6% 92.7% Debt Service - Interest 1,823,417 1,743,149 3.6% 95.6% Interfund Svc Payments 3,525,744 3,065,999 7.0% 87.0% Total Operating Expenditures I Uses 50,129,585 45,723,498 98.7% 91.2% Personnel services and benefits, which ~:omprises 38.3% of the operating budget, is 95.9% expended. Included in this number are salary and wages, temporary help, seasonal help, overtime pay, overtime-private security and termination pay. A major portion of the savings is due to the hiring freeze that was implemented by the City Manager in response to the passage ofi-695. Other services and charges have expended only 97.5% of its annual budget ($4,884,249), with savings in Community Development, Solid Waste and Recycling, Parks and Recreation and Law. Capital outlays, which includes $1.9 million for the ~rterial streets overlay project, is 76.7% expended. Of the $1,721,468 in expenditures through December, 84.7°/3 can be attributed to the Asphalt Overlay project. Internal service payments are currently at 87.0%, which includes the collection of 12 months of replacement reserves and maintenance and operations charges through the end of fourth quarter. 20 Cit~ of Federal DaF Final 2000 Financial Report The following table shows the in-house investment activity schedule and their related yields and comparison to benchmark. Per olicy, the basis used by the City to determine whether market yields are being achieved is thc range between the average 6 mo. ,_IS Treasury Bill (5.91%) and the State Investment Pool (6.45%). The current in-house yield is 5.96%.which is lower than the SIP benchmark, due to the timing of investment purchases. About 55% of the investments in the in-house portfolio were purchased in 1999 when the average 6 mo. T-Bill was 4.93% and average in-house yields were 5.37%. Agency - FHLM 02/25/2000 $1,000,000 $ 998,180 01112/2001 6.46% Certificate of Deposit 02/11/2000 $1,000,000 $ 1,000,000 02/12/2001 6.55% Treasury Note 02/12/1999 $1,000,000 $ 1,015,313 02/28/2001 4.83% Agency - FHLB 04/23/1999 $1,000,000 $ 998,000 04117/2001 5.23% Treasury Note 04/23/1999 $1,000,000 $ 1,024,140 04/30/2001 4.98% Agency-FHLM 06/25/1999 $1,000,000 $ 996,480 06/15/2001 5.94% Treasury Note 06/25/1999 $1,000,000 $ 1,016,563 06/30/2001 5.74% Treasury Note 06/30/2000 $1,000,000 $ 993,593 06/30/2001 6.42% Treasury Note 08/20/1999 $1,000,000 $ 1,016,328 08/31/2001 5.63% Treasury Note 11/10/1999 $1,000,000 $ 1,002,188 11/30/2001 5.76% Agency-FNMA 03/24/2000 $1,000,000 $ 1,011,580 02/11/2002 6.83% Average Maturity 168 Average Yield to Maturity 5.97% Average Yield - 6 mo. T-Bill 5.91% State Investment Pool $ 37,235,830 1 day 6.45% Average Portfolio Maturity & Yield 39 6.35% The total invested balance at the end of November is $48,308,193, which includes $37,235,830 in the State Investment Pool (SIP). The SIP is composed of 7% Agency, 9% US Treasury, 15% Commercial Paper, 25% Repurchase Agreements, and 3% Certificates of Deposit. The City's total portfolio currently consists of 77% in the SIP, 8% in Agency securities, 2% in Certificates of Deposit, and 13% in US Treasury Notes. SIP Investments by Category December 3'1, 2000 Commercial Repurchase Paper Agreements-\ Certificates of US Treasury 15% 25%~ Deposit Notes9% Discount / US Agency Notes/~' Securities 41% 7% Total Investments by Category December 31, 2000 US Agency Certificate of /- Securities / 8%2% ~ State Deposit ~ ff..~~ ~nvestment - Pool US Treasury ~ 77% Notes ~ 13% -~ 21 Cit~ of Federal WaF Final 2000 Financial Report OUTSTANDING GENERAL OBLIGATION DEBT December 3 !, 2000 Amount Beginning Ending Bond Rating Maturity Originally Outstanding Amount Amount Outstanding Description at lssuaac~ Date of issue Date Interest Rate Issued Debt Issued Redeemed Debt General Obligation Bond~: 1991 Limited ^ 01-Feb-91 01-Dec-01 6.00- 6.85 $ 12,500,000 $ 465,000 $ $ 225,000 $ 240,000 1993 Limited ^! 14-Jun-93 01-D~c-08 2.70- 5.70 2,390,000 1,630,000 145,000 1,485,000 1993 Refunding ^l 13-May-93 01-D~c-21 2.70- 5.85 12,105,000 il,860,000 45,000 ! 1,815,000 1995 Limited Al 28-Dec-95 01-D~c-05 3.90-4.75 5,000,000 3,535,000 530,000 3,005,000 1996 Limited Al 29-Feb-96 01-Dec-05 3.50 - 4.50 2,500,000 1,760,000 265,000 1,495,000 1997 Limited AAA-insured 22-Apr-97 01-Dec-12 5.00 - 5.30 16,150,000 13,860,000 - !,255,000 12,605,000 2000 Limited Al 12-Sep-00 01-Dec-i 5 5.31 2,551,600 2,551,600 2,551,600 Subtotal GO Bonds 53,196,600 35,661,600 2,465,000 33,196,600 Certificates of Participation: 1992 Issue - Series A ^ 26-Aug-92 01-D~c-02 3.00 - 5.45 2,150,000 1,060,000 505,000 555,000 1999 Issue ^A^ 01-Aug-99 01-Jun-04 5.16 - - 184,000 50,954 133,046 Subtotal COl~s · 2,150,000 1,060,000 184,000 555,954 688,046 Public Works Trust Fund Loan: PWTL 3 I-Aug-94 01-Jul-14 i.00 233,316 181,996 12,133 169,863 PWTL 24-Jul-96 01-Jul-14 1.00 1,166,580 973,910 64,927 908,983 PWTL 04-S~p-97 01-Jul-14 1.00 155,544 137,679 9,179 128,500 PWTL 3 l-May-00 01-Jul-19 1.00 412,500 412,500 - 412,500 PWTL 14-Aug-00 01-Jul-19 1.00 2,062,500 2,062,500 - 2,062,500 Subtotal PWTFL 4,030,440 3,768,585 - 86,239 3,682,346 Grand Total All Long-Term Debt $ 59,377,040 $ 40,490,185 $184,000 $ 3,107,193 $37,566,992 Under RCW 39.36.020(2), the public may vote to approve bond issues for general government in an amount not to exceed 2.5% of the value of all taxable property within the City. Within the 2.5% limit, the City Council may approve bond issues not to excee( 1.5% of the City's assessed valuation. Prior to the passage of new legislation in 1994, the statutory limit on council manic (non- voted) debt for general government purposes was 0.75% of assessed valuation. Another 0.75% of council manic debt was available only for lease-purchase contracts (RCW 35.43.200). These two components have now been combined and can be used for any municipal purpose, including using the entire 1.5% for bonds. The City's remaining debt capacity within the 2.5% limit is estimated to be $104,336,290. Under RCW 39.36.030(4), the public may also vote to approve park facilities and utility bond issues, each of which is also limited to 2.5% of the City's assessed valuation. A total of 7.5% of the City's assessed valuation may be issued in bonds. The remaining debt capacity within the 7.5% limit is estimated to be $363,242,259. Unlimited tax general obligation debt requires an approving vote of the peqple, and any election to validate such general obligation debt must have a voter turnout of at least 40% of those who voted in the last State general election and of those voting, 60% must be in the affirmative. Table ! shows the availability debt capacity for the City of Federal Way for 2001. :: :i!! :il i: !!i :i::':: ~:: .: ::i .::! !! ::i::' ::q'able i~:::cO MPU TA:TIO N !O Fi EiMi~:A~ION:i O FIN DE B TE O NESS ' ~:::::: :'!i:' -: .:::' i :~ :'! '::' i:!i::::!:,~iiii:::i General Purooses Councilmanic Excess Levy DESCRIPTION (Limited GO) (Unlimited GO) 6.V $5,178.119,377 (A) 1.50% $ 77,671,791 $(77,671.791) 2.50% 129,452,984 Add: Cash on hand for debt redemption (B) 8,767,951 ess: COPs outstanding (688,046) Bonds outsta nding (33,196,600) REMAINING DEBT CAPACITY $ 52,555,096 $ 51,781,194 GENERAL CAPACITY (C) $104,336,290 Excess Levy Excess Levy Total Open Space Utility Debt and Park purooses Caoacitv 129,452,984 129,452,984 $ 388,358,953 8.767.951 (688.046 (33,196,600) $ 129.452,984 $ 129,452,984 $ 363,242,259 A) Final 2000 Assessed Valuation. (B) Projected fund balance of $4,785.693 in debt service prefunding balance and $3.982,258 in utility tax fund. (C) Combined total for Councilmanic, and Excess Levy capacities. 22 Clt~ oi' Federal gFay December 2000 Quarterly Finane_ln_! Report General Fund 4.827.573 27.993.656 26.249.628 1.744.028 6.571.601 Street Fund 147.681 2.993.242 3.140.923 (147.681) (0) Special Revenue: Arterial Street 349.431 1.596.117 1.458.054 138.083 487.494 Utility Tax (1) 2.830.149 5.822.593 4.245.306 1.577.287 4.407.436 Solid Waste & Recycling 299.~41 270.158 294.540 (24.382) 275.459 Special Study (Gov. TV) 22.549 102.586 14.086 88.499 111.048 Hotel/Motel Lodging Tax 27.965 127.817 97.298 30.519 58.484 2% for the Arts 113.274 94.000 (94.000) 19.274 CDBG 5.822 152.509 151.892 617 6.439 Paths & Trails 22.353 10.061 10.061 32.414 Strategic/Airport Reserve 2.028.204 121.985 121.895 90 2.028.294 Capital Project: Public Safety Facility 5,387,892 947,636 947,636 6,335,528 Downtown Revitalization 3,084,330 474,204 2,209,105 (1,734,901) 1,349,429 Unallocated 1997 Bond Proceeds 18.961 998 - 998 19.959 Celebration Park 11.377 2.073 (97.346) 99.419 110.797 Park Improvements 552.432 889.544 561.419I 328.125 880.557 Sudace Water Management 3.584.801 5.649.880 3.856.633 I 1.793.247 5.378.048 Transportation 6.219.688 6.959.862 3.318.641 I 3.641.221 9.860.909 Enterprise Funds: Snow & Ice Removal 100.000 9.711 9.711 I 100.000 Surface Water Management 1.653.058 3.138.284 4.039.948 (901.664) 751.394 Dumas Bay Centre Operations (2) 485.685 475.759 9.926 9.926 Knutzen Family Theatre Capital 47.773 5.241 35.690 (30.449) 17.324 Knutzen Family Theatre Operations 187.573 183.280 4.293 4.293 Internal Service Funds: (3) Risk Management 1.377.965 880.551 633.613 246.938 1.624.903 Information Systems 1.096.345 1.516.571 1.212.787 I 303.784 1.400.129 Mail & Duplication 112.048 187.472 145.950I 41.52~' 1 ~3.570 Fleet & Equipment 1.569.127 992.154 756.633 235.521 1.804.648 Buildings & Furnishings 870.388 547.153 451.758 95.395 965.783 Investment Control Fund I (41,727,671)1 59.661,522I 66.242,044 [ (6,580,522) (48,308.193) To~l AII FundS :. . :: : I $ 381.865 I $ ~27.344,955 ] $ 125.231.488 I $ 2.113.466 $ (39.588.729) 23 AITAGH~q~IT A C~IY ~: F13)i3~AL WAY ~UM f~Y OF ~2UR~F~ A~D U~S OP~.RAllNO B~glnnln9 Fufld B&l&nce $ 11.403,627 $!0,331.~41 $ 10,3~.1~ $1S,1~.~2 $ 17~8.~Z $ 18.08~539$ 1e.08~S39 $ 18.~S~ ~Ung Re~s P~y T~es 5,911.017 6.~.~ 2 6,161 ,~ 6.43~.~3 6,612.491 6.~,~ 6.833.~ 6.976.9~ 143.5~ 2. ~s T~ 7.925.703 8.0~.423 8.~.7~ 8.782.171 9.~.~5 8.837.7738.837.773 10.~2.439 1.4~.~ 16.~ ~te~ L~ T~ 47.181 87.035 87.035 1~.76T 39.~ 45.7% ~ J~ ~s Tax 1.~1.874 1.142.910 , 1.~2.~a 1.~.175 1.476.~ !.4~.6~ 1.4~.6~ . 1.~.~9 223.~3 15.6% ~o~ 5.477.633 5.017.1~ 4.793.2~ 4.970.~ 5.~7.524 3.152.2733.152.273 4.~3.~2 851.519 27.~ ~e~ E~te ~d~ T~ 1.~3.1~ 1.474.191I.~.~ ~231~9 2.~.1~ ' 1.2~.~ 1.2~.~ 2.149.~1 ~9.691 79.1~ ~ T~es ~2.~9 ~1.977 318.~ 3~.~ 1.~.~ 1 .~.~ 1 .~.~ 1.~.~ 4~.4~ 37.9~ ~ T~es 610.~7 3.5~.107 4.526.~ 5.~.7~ 4.7~.276 4.703.276 5.5~.470 ~7.1~ 18.9~ ~s & F~s ~7.932 557.240 6~4~ 814.676 ~.9~ ~9.7~ ~9.7~ 892.~: (~.~1] O~ P~ ~.116 ~5.397 ~5.2~ ~.~ IA~.~ 1.018.7421.018.742 1.1~419 113.~ ' 11.2% ~ R~ F~s~D 7~ ~.~ ~.6~ ~.~ 73.5~ ~.~ 19.t76 R~ P~~ 178.675 197.216 1~.~ 252.~2 237.~ 2~.~7 ~.~7 ~.397 ~.~ 14.~ ~ Re~ F~s-~ ~.971 ~.243 ~.5~ ~.5~ 51.~1 12.971 ~.7% ~n~s ~.773 82.~ ~.1~ 57.597 179.120 118.253 116.2~ 137.1~ 18.~7 16.0% Fm~i~ Fees 3~.~5 3~.033 463A32 3~.439 ~9.923 515.~ 515.~ 4~.419 (19.~) -3.7% R~a~ F~s 419.492 431.761 ,~.9~ ~.470 525.~: 555.852 555.~ ~.9~ (16.~) -3.~ ~s Bay ~ 216.4~ 276.323 ~1~ ~.~ 492.7~ 479.578 479.578 ~.~ 5~87 1.1~ ~ F~ ~a~ 16.~ ~.~ 62.2~ 62.~ 81.1~ 16.914 ~.4~ Int~ E~s ~3.~ 628.859 7~.~1 1.~.~7 1.~.161 ~.5~ 9~.~ 1.315.5~ ~.~ . 41.5% ~ F~ & ~ W~te 1~.~ 1~.897 1~ 1~.~9 1~.~ 171.~ I 171.~ 170.~ (419) ~.2% ~ F~s 2.~2.~ 2.~.~7 2.912.~1 3.~6~ 3.125.973 3 142.~5 ~ 3.142.~5 3.074.~7 (~) -2.~ Re~ ~ F~s 145.~ 143.7~ 143.1~ 147.101 147.~2 '1~.752 I 1~.752 1~.~ 3.613 2.4% ~ ~ 1.~ 1~3~ ~2.~ 8~.578 ~ 8~.578 ~7.328 128.7~ 15.4% ~ ~6.5~ 1.013.~7 t.213.619 2.075.219 153.075 1~.782 ~ 1~.7e2 ~.1~ <92.616} ~!!~;,[~ ~[~:r~:J:r~?~:r~:~:r~:~:~:~:~:::::: ~: ~:~::~::~2);4~6;~Z::~ ....... ~30 ~54~U :~:~:~::: : :35 367~4~9::. ::::~:~:~:~ ~3Z~199 ~:~:~;~:~:~:A1~157~131~ ,; ...... ~ 85Q~96:[ ....... 36 8~.~:; ::::~:~A~3B~;~[~: ....... ,',,'r, ~ng ~i~ms . ~ ~ 1~.7~ 174.755; 187.1~ 1~.~. 217.~8 197.~5 197.~5 1~.431 1.9~: 1.~ ~ Ma~ 4~.251 497.352 527.~ ~.~1 5~.7~ ~.7~ ~ ~.7~ ~.195 ~.524 33.1% ~ ~d~s . , ~.241 ~ ~.241 793.~ 115.597 12.7% ~u~ ~ ~ 91.1~ I 91.122 ~.517 ~.~ 24.8%~ ~anage~ ~s 1.316.799 1.4~.702 1.414.919 1.~5.619 1.728.101 1.8~.~9 ~ 1.8~.~9 1.613.592 2~.6~ 13.~ ~v~i~l L~al ~s 1.~8.432 1.139.~ 1.321.~ 1.~7.5~ 1.~1.989 1.~4.~ 1.~4.~ 1.~5.375 (1.3~) ~.1% ~. ~v~ Se~s 3.5~.259 2.624. t ~ 2.~9.~ 2.~9.~9 ~7~.211 3.376.757 3.376.757 2.~9.7~ 407.011 12.1 P~ ~s 8.274.7~ 8.763.~7 9.827.~ 10.~1.~8 1t.9~.812 13.129.237 13.1~A37 12.8~.~ ~.~ 1.7% JaR ~s ~.~2 ~.4~ 719.114 9~.~2 1.3~.403 1.2~.~ 1.~.~ 1.492.~1 (292.~1) -24.4% Pa~ a~ R~ 3.~.5~ 3.010.592 2.~.718 2.~.1~ 3.~.7~ 3.1~.~2 3.1~.~2 3.~7~0 98.~2 3.2% ~ ~ 2.621.~ 2.~.~7 2.978.~ 3A~.~7 3.285.979 3.5~.913 3.553.913 3.1~.923 412.~ 11.6% ~ ~y P~mm 631.9~ ~.~ 1.~.~ 1.~.717 1.7~.~3 1.918.510 1.918.510 1.4~.~ ~.4~ 24.~ ~ & I~ Re~[ 6.749 62.~7 ~ ~.~ ~.~ 21.371 55.~2 55.052 9.711 45.~1 "~.4% ~ Waste 216.~ 2~.175 4~.742 2~.~ 2~.~ 312.~ 312.~ 2~.~ 17.8~ Hote~otet L~i~ T~ 115.~ 115.~ 72.~8 42.7~ . Su~ Water Ma~g~t 1.339.~1 1.4~.~8 1.4~.~ 1 .~.4~ 1 .~2.123 1.795.621 1.795.621 1 .~3.5~ 262.027 .4.6% ~bt Se~ 1.~1.439 1.717.~9 2.982.7~ 2. t27.~ '5.~7.192 4.612.1~ 4.612.1~ 4.328.241 ~ 283.915 6.2~ ~as Bay ~ ~.457 353.163 415.~1 4~.~ ~7.1~ ~5.578 4~.578 475.759 ~ 9.819 2.~ ~ F~ ~a~ . . . - 76.412 147.~3 162.2~ 162.2~ 183.2~ ~ ~1.~) -13.~ ~r ~nanclng ~u~s 3,524.~ 2,8~.839 5,~1,0~ 7.2~,373 7,2~.373 ! 6.~3.931 (1.1~,442) -16.4~ ~er ~nanclng Uses 5.391.524 3.1~.818 2.0~.3~ 5.7~.555 9.253.813 11,425,3~ 11,425.3~ 9.5~.~5 1.~9.~1 16.4~ ~ding Fund Balan~ ~ Waste 1~.~5 213.~ 2~.~1 ~,316 2~.~2 ] 291.~7 275.459 ~ & I~ 191.274 103,239 73.~ 1~,5~ 1~,~ 1~.~ 1~.~ [ ~ ~.t 971.893 ~2.1~ ~ 470.~2 4,.375 ~9.431 ' 4.407.4~7'4~ .~ ~a U~ T~ . 2.1~.0~ 2.8~.1~ 3.4~.8~' 751.3~ ~ 1.7~.8~ 1.0~.~ 1.~.522 2.2~.459 1.~3.113 574.~3 Pa~ &Tmas 39.2~ ~.210 6.1~ 12.5~ ~.~3 31.520 ' I 32.414 ~a S~t~ Re~ 2.1~.~5 2.0~.477 2.0~.~ 2.~5.4~ 2.028.~ 2.~.~ - ~ 2.028.~ ~ ~a ~t ~ 1.9~.~1 1.618.~ 2.9~.~ 5.283.482 5.748.~ 4.7~.3~ : 6.0~.~ [ ~a . ~as ~y ~e 157.897 115.131 83.742: 13.2~ 47.775 31.~4 ~a P~ 1 .~ 1.439 1 .~2.207 7~.~ 1 748.1 ~ ~9.3~ ~.229 ~a Intend Loans I0.~ - 10.~ 10.~ 10.~ 10.~ -., 10.~ U~e~ 1.798.218 6.~0.1~ 9.~.~1 3.532.~7 4.~.~5 (88.103)~ . [ 5.5~.294 ~a r T~al~h~:F~dB:al~q~:~:~:~:~[~:~:;:~::~:~[:~:~:[:: · $: 10~1~,036$:::(+::11;630;938:: ::$ 18.1~,6~ ::$~::17;~S;23~ :$::~:~:t8 136,869: :$ 120~ 123 ~:$~: 1~0~.123:~ $ '2~788.~: ;:$: :S 0].6;698: :: ::: 41.~ eu .-, ~a'.,:..,~:a~oo'.~.oc ~o... . ....~ _...o.~,-~'° -o o Uwc-. . O~_..E,a_...~Ee=.-.--m'~..._uuc_m ~ c~..~..~ co" ~, e .~u,- ~' ~e'-"u · .~ e z ~- ~ ~ z I.-- <0 0 I'- ~z> ~' Z o) Z ~ ,f. § '- r~ -~oC oc --~ .~ :3 '~-- -~-o ,' 8 o~ MEETING DATE: ~cbr-.:ar-y 2~, ITEM# CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: SR 99 Phase I Right-of-Way Improvements / Condemnation Ordinance CATEGORY: BUDGET IMPACT: CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: Draft condemnation ordinance. SUMMARY/BACKGROUND: On November 7, 2000, the City Council authorized staffto acquire right- of-way for the Pacific Highway South HOV Lanes Phase I street improvement project (S. 312th Street to S. 324th) for fair market value. Staff then contacted the property owners to negotiate the purchases. Staff ~vere successful (or anticipate that they soon will be) for only sixteen (16) of the thirty-five (35) parcels. For the remaining nineteen (19) parcels, staff were unable to obtain agreement. Some of the property owners refuse to sell because they dislike some aspect of the project and are demanding it be changed (e.g., some do not like the center median and want it deleted from the project). Others dislike the project because it will require removal of their nonconforming sign (which was required to be removed by 2/28/00 in any event). Still others are simply demanding too much money, in some cases more than 40% above fair market value. Staff therefore request that the Council adopt the attached condemnation ordinance, which authorizes the City Attorney to commence legal proceedings to acquire the necessary properties by condemnation, in order to allow the project to proceed. CITY COUNCIL COMMITTEE RECOMMENDATION: N/A CITY MANAGER RECOMMENDATION: Motion to forwa~a_tion ordinance to second reading. APPROVED FOR INCLUSION IN COUNCIL PACKET: ~ ~ ~ ~t \ (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL it 1st Reading Enactment Reading ORDINANCE it RESOLUTION # KSAgnditem\SR99condmn.doc ORDINANCE NO. DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 'FEDERAL WAY, WASHINGTON, PROVIDING FOR THE CONDEMNATION, APPROPRIATION, TAKING AND/OR ACQUISITION OF CERTAIN REAL PROPERTY AND/OR EASEMENTS FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING RIGHT-OF-WAY IMPROVEMENTS IN THE VICINITY OF PACIFIC HIGHWAY SOUTH BETWEEN SOUTH 312TM STREET AND SOUTH 324TM STREET, TOGETHER WITH ALL APPURTENANCES AND RELATED WORK NECESSARY TO MAKE A COMPLETE IMPROVEMENT IN ACCORDANCE WITH APPLICABLE CITY STANDARDS ALL WITHIN THE CITY OF FEDERAL WAY; AND DIRECTING THE CITY ATTORNEY TO FILE ALL NECESSARY ACTIONS AND PROCEEDINGS IN THE MANNER PROVIDED BY LAW FOR SAID CONDEMNATION. THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Public Necessity. The public health, safety, necessity and convenience demand that right-of-way improvements be constructed and maintained within the City of Federal Way within the vicinity of State Route 99 between South 312th Street and South 324th Street, and that certain real property and/or easements upon property be condemned, appropriated, taken and/or damaged for the construction of said improvements as provided by this ordinance. Failure to construct such right-of-way improvements will cause traffic counts to continue to exceed capacity within the corridor of SR 99 between South 312t~ Street and South 324~ Street, create the potential for additional traffic .and/or traffic/pedestrian accidents, and inhibit economic development within the City Center Core and City Center Frame zones. ORD # ., PAGE 1 Section 2. Public Use. The improvements demanded by public health, safety, convenience and necessity consist of those improvements shown on the Right-of-Way Plans dated August 2000, by CH2MHill and on file with the City of Federal Way, to wit: the construction on each side of SR 99 to achieve 2 general-purpose vehicle lanes, a high occupancy vehicle ("HOV") lane, a center left-hand turn lane, a center median, a curb, gutter, planter strip, sidewalk, street lights, and a utility strip for relocated utility poles and/or underground utilities, together with all appurtenances and related work necessary to make a complete improvement in accordance with Figure III-3(a), Cross Section A of the City of Federal Way Comprehensive Plan and other applicable City standards. Said improvements will be a part of right-of-way owned by the City of Federal Way and open for use by the general public, and therefore the use of property and/or easements condemned herein for the construction of said improvements constitutes a public use. Section 3. Condemned Property. The City Council of the City of Federal Way, after reviewing the planned improvements, hereby declares that the property and/or easements located within the City of Federal Way, legally described and depicted in Exhibit "A" attached hereto and incorporated herein by this reference ("Property"), shall be and hereby are condemned, appropriated, taken and/or damaged for the public use and purpose of installing right-of-way improvements described in Section 2 above. The condemnation, appropriation, taking and/or damaging of the Property includes the right to make all necessary slopes for cuts and fills upon adjacent lands in the reasonable original grading and maintenance of the right-of-way facilities, as well as temporary easements to enable construction of said improvements. Further, the condemnation, appropriation, taking and/or damaging of the Property shall be subject to the making or paying of just compensation to the owners thereof in the manner provided by law. ORD # , PAGE 2 Section 4. Condemnation Legal Action. The City Attorney or other attomey selected by the City Manager is hereby authorized and directed to file all necessary actions and proceedings provided by law to condemn, take and appropriate the Property in order to carry out the provisions of this ordinance, and is further authorized in conducting said condemnation proceedings and for the purpose of minimizing damages, to stipulate as to the use of the Property and as to the reservation of any right of use to the Property owner(s), provided that such reservation does not interfere with the use of the Property by the City as provided in this ordinance. The City Attorney is further authorized to adjust the location and/or width of any of the Property and/or easements ' condemned or taken therein in order to minimize damages, provided that said adjustments do not interfere with the use of the Property by the City as provided in this ordinance. Section 5. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 6. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 7. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval, and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of ., 2001. ORD # , PAGE 3 CITY OF FEDERAL WAY ATTEST: MAYOR, MIKE PARK CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, BOB C. STERBANK FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. K: \ORDIN\CONDMNSR99ROW. DOC 2/13/2001 ORD # , PAGE 4 Ord. No .... Exhibit A Pacific Highway South HOV Lanes Phase I Property Legal Descriptions, Property Maps and Tax Account Numbers Tax Account # Owner Name Site Name 092104-9294 Clairmont Hotels, LLC Comfort Inn 092014-9046 Dana Plaza LLC Dana Plaza (Caf6 Indochine) 092104-9286 Dana Plaza LLC Dana Plaza (Discount Tires) 092104-9223 Dana Plaza LLC iDana Plaza 0ndochine Seafood and Satay 092104-9255 De Ja Vu/Everett Inc. De Ja Vu 092104-9248 Equilon Enterprises LLC, a Delaware limited liability Texaco company 785360-0186 Franchise Finance Corporation of America, Food Jack in the Box Maker 092104-9129 Haney, Steven S. & Holly A. Elephant Car Wash ~785360-0185 House of Shogun, Inc. House of Shogun, Inc. 150050- KC Investments, LLC Washington State Bank 0090+A31 092104-9109 'Nguyen, Thinh andPham, GamT. H/W CyberBear 082104-9228 Reid, Gae Janine Village Inn Pancake House 092104-9221 Sea-Tac Center Associates Dunkin Donuts, Federal Way Plaza 092104-9208 gEATAC VILLAGE, LLC, KURTZMAN SeaTac V'ffiage (S. 318th PROPERTIES, LLC, R. POPLAWSKI, LLC, P. driveway) POPLAWSKI, LLC, 082104-9060 U S Bank U S Bank 092104-9292 Waldman Family Trust Taco Bell 092104-9113 Ken Liu Genghis Khan 092104-9118 Woelfl Family Trust Car Toys/Sleep Counlxy 092104-9252 Yi, Chong Nam and Young Suk, H/W Akasaka Restaurant Page I of I 02/13/20014:16 PM "EXHIBIT A" ACQUISITION FROM PARCEL NO. 0921049294 The west 15.00 feet, containing 937 square feet, more or less, of the following described land: Lot 3, King County Short Plat No. 1077084, recorded under Recording Number 7902220621, in King County, Washington, said Short Plat being a portion of the southwest quarter of Section 9, Township 21 North, Range 4 East, W.M., in King County, Washington. _ XPIRES 913010~. Original Signature made with blue ink 374696.doc z ;: z NTS '" I .,-- ~ROPOSED --,?, l i!i,,,c~ ROW TAKE 'i o-~ · I I 1~ EXISTING ROW CL o li /-SEClION < I'~ LINE CL FOR INFORMATION PURPOSES ONLY THIS DRAWING IS NOT A RECORD OF SURVEY NOR MEETS MINIMUM STANDARDS PREPARED BY: GC13 DATE .09/21/00 CHECKED BY: JGM DATE 09/21/00 REVISED BY: DATE PROPERTY LINE 15' TAX LOT NUMBER 0921049294 PROPERTY LINE EXHIBIT MAP FILE NANIE: clormont.dlv 21-SEP-2000 16:08:08 "EXHIBIT A" RIGHT OF WAY FROM PARCEL NO'S. 0921049046, 0921049223 & 0921049286 That portion of Lots A, B and C, King County Short Plat Number 1176002, recorded under Recording Number 7702180520, being a portion of the northwest of the southwest quarter of Section 9, Township 21 North, Range 4 East, W.M., in King County, Washington, more particularly described as follows: Beginning at the northwest comer of said Lot A, said point being on the easterlY margin of Pacific Highway South; thence along the northerly line of said Lot A, South 88°18'14'' East, 9.46 feet; thence South 1°14'09" West, 98.72 feet to the northerly line of Lot B; thence South 1°12'23" West, 198.71 feet to the southerly line of Lot C; thence along said southerly line, North 88010'45" West, 9.38 feet to said easterly margin of Pacific Highway South; thence along said easterly margin North 1°12'06'' East, 297.41 feet to the Point of Beginning, containing 2,796 square feet, more or less. Original Signature made with blue ink 375410.doc , 88° 18114,, E ' er, 9,46' z · PROPERTY LINE NTS EXISTING ROW CL SECTION LINE LOT A TAX LOT NUMBER 0921049046 LOT D ,/./--- S 1° 14'09" W 98.72' /.-- PROPOSED ~.,.- ROW TAKE ,,, KING COUNTY ~ SHORT PLAT 1176002 o._ /-- S 1° 12'23" W z / 198.71' LOT B TAX LOT NUMBER 0921049223 ©©[P¥ c TAX LOT NUMBER 0921049286 PROPERTY LINE N 88°10'45" W ! I ! I ! I FOR INFORMATION PURPOSES ONLY THIS DRAWING IS NOT A RECORD OF SURVEY NOR MEETS MINIMUM STANDARDS PREPARED BY: GCB DATE 09/28/00 CHECKED BY: JGM DATE 09/28/00 REVISED BY: DATE EXHIBIT MAP NAME:: dano.dlv 02-0CT-2000 08:16=46 "EXHIBIT A" RIGHT OF WAY FROM PARCEL NO. 0921049255 The west 15.00 feet, containing 675 square feet, more or less, of the that parcel described in Statutory Warranty deed recorded under Recording number 8803011450, lying within the southwest quarter of Section 9, Township 21 North, Range 4 East, W.M. Original Signatur~ made with blue ink 374693.doc EXISTING ROW CL .,~ SE~IION LINE NTS PROPOSED ROW TAKE ---- 01 1 1 I l 15' PROPERTY LINE TAX LOT NUMBER 0921049255 PROPERTY LINE FOR INFORMATION PURPOSES ONLY THIS DRAWING IS NOT A RECORD OF SURVEY NOR MEETS MINIMUM STANDARDS PREPARED BY: GCB DATE 09/13/00 CHECKED BY: JGM DATE 09/13/00 REVISED BY: DATE EXHIBIT MAP FILE NN, IE: dejavu.~tv ~-$EP-2000 I.G:28:48 "EXHIBIT A" RIGHT OF WAY FROM PARCEL NO. 0921049248 That portion of the property as described in Special Warranty Deed recorded under King County Recording Number 9101221330, being a portion of the southwest quarter of the southwest quarter of Section 9, Township 21 North, Range 4 East, W.M., in King County, Washington, more particularly described as follows: Beginning at the northwest comer of said property, said point being on the easterly margin of Pacific Highway South; thence along the northerly line South 88017' 10" East, 2.00 feet; thence parallel to said easterly margin South 1°12'06" West, 121.62 feet; thence South 0°41'11" East, 24.99 feet; thence South 11o34'59" East, 30.76 feet; thence South 41°03'15'' East, 32.10 feet; thence South 2o04'30'' East, 4.92 feet to the southerly line of said property; thence along said southerly line North 88o17' 10" West, 31.50 feet to said easterly margin of Pacific Highway South; thence along said easterly margin North 1°12'06" East, 205.00 feet to the Point of Beginning, containing 1,125 square feet, more or less. ~:~.EXPIRES 9/30/O'~' -~ Original Signature madc with blueink 374692.doc ,,~ ii,,, I · 7 I. ! ! ° d!id ,~ EXISTING , cE II . ~ j ,.~- SECTION ' LINE az; ..~ ;i LU ii PROPOSED ROW I' II I -- FOR INFORMATION PURPOSES ONLY THIS DRAWING IS NOT A RECORD OF SURVEY NOR MEETS MINIMUM ST,N~IDAROS PREPARED BY: GCB DATE 09/28/00 CHECKED BY: JGM DATE 09/28/00 REVISED BY: DATE --S 88°17'10" E 2.~' PROPERTY LINE 1° 12'06" W 121.62' NTS TAX LOT NUMBER 0921049248 I S 0°41'11" E 24.99' i S 11034'59'' E 30.76' 41°03'15" E 32.10' PROPERTY LINE --S 2°04'30" E 4.92' ' N 88° 17'10" W 31.50' EXHIBIT MAP FILE NAME: texaco.dlv 29-S£P-2000 O8:29:45 "EXHIBIT A" ACQUISITION FROM PARCEL NO. 7853600186 That portion of the west 125 feet of Tract 37 and the west 125 feet of the south half of Tract 38, Solano Heights, according to the plat thereof recorded in Volume 30 of Plats, page 8, in King County, Washington, more particularly described as follows: Beginning at a point on the easterly margin of State Highway No. 1, where said line intersects the south line of said Tract 37; thence along said easterly margin North 1°12'06" East, 150.00 feet to the north line of the south half of said Tract 38; thence along said north line South 88018'22'' East, 15.00 feet; thence parallel to said easterly margin South l°12'06'' West, 129.53 feet; thence South 62o38'53'' East, 18.94 feet; thence South 1°54'28'' West, 12.28 feet to the south line of said parcel; thence along said south line North 88°18'22" West, 31.85 feet to the Point of Beginning, containing 2528 square feet, more or less. Original Signature made with blue ink 222234.doc ~o° ~ SECTION >_ LINE -~' EXISTING __o ROW CL PROPERTY LINE S 88° 18'22" E 15.00' PROPOSED ROW TAKE TAX LOT NUMBER' 7853600186 S 01° 12'06" W 129.53' _S 62°38'53" E 18.94' S 01054'28'' W ___ 12.28' % N 88° 18'22" W 31.85' ~ FOR INFORMATION PURPOSES ONLY THIS DRAWING IS NOT A RECORD OF SURVEY NOR MEETS MINIMUM STANDARDS PREPARED BY: GCB DATE 09/14/00 CHECKED BY: JQM DATE 09/14/00 REVISED BY: DATE EXHIBIT MAP F#.IE NN, I[-' ff¢o.dlv 14-S£P-2000 ~5,:53:.36 "EXHIBIT A" RIGHT OF WAY FROM PARCEL NO. 0921049129 That portion of the land described in Statutory Warranty Deed recorded February 4, 2000, under Recording Number 20000204000617, being a portion of the northwest quarter of the southwest' quarter of Section 9, Township 21 North, Range 4 East, W.M., in King County, Washington, more particularly described as follows: Beginning at the southwest coruer of said parcel; thence along the easterly line of that property conveyed to the State of Washington under Recording Number 4948897, North 4°10'39'' West, 136.74 feet to the northerly line of said parcel; thence along said northerly line South 88°11'42" East, 12.81 feet to a point which lies 65 feet easterly of the right of way center line of Pacific Highway South; thence parallel to said center line South 1°12'06'' West, 120.09 feet; thence South 60o26'55" East, 19.48 feet; thence South 1°48'32'' West, 6.85 feet to the southerly line of said parcel; thence along said southerly line North 88°11'42" West, 17.06 feet to the Point of Beginning, containing 1,066 square feet, more or less. Original Signature made wi~h blue ink 374698.doc II I II '1 s cT'°N -F i: LINE I.--, ~o ~i N 4°10'39'' W Il 136.74' ___ ~ EXISTING m ROW CL cO . CIII II '! . ;! o ~ 1i, - .-[i zliz II (~0 ii II 88°11'42" E 12.81' PROPERTY LINE PROPOSED ! ROW TAKE ~ QQ[~~ NTS 1o12'06" W 120.09' TAX LOT NUMBER 09210zL9129 6¢26'55" E 19.48' S 1°48'32" W 6.85' N 88°11'42" W 17.06' FOR INFORMATION PURPOSES ONLY THIS DRAWING I$ NOT A RECORO OF SURVEY NOR MEETS MINIMUM STANDARDS PREPARED BY: GCB DATE 09/25/00 CHECKED BY: JGM DATE 09/25/00 REVISED BY: DATE EXHIBIT MAP Fl.[ NN,,I£: morckx.dlv 02-0CT-2000 11:21:$2 "EXHIBIT A" ACQUISITION FROM PARCEL NO. 7853600185 The west 15.00 feet, containing 2,250 square feet, more or less, of the f611owing described parcel: . ' Parcel A as delineated on King County Short Plat Number 1076066, as recorded under King County Recording Number 7612080558, said short plat being a portion of Tracts 37, 38 and 39, Solano Heights, according to the plat thereof recorded in 'Volume 30 of Plats, page 8, in King County Washington. Original Signatu~ made with blue ink 375407 .doc t~ EXISTING ROW CL I ROW CL FOR INFORMATION PURPOSES ONLY THIS DRAWING IS NOT A RECORD OF SURVEY NOR MEETS MINIMUM STANOARDS PREPARED BY: GCB DATE 04/04/00 CHECKED BY: JGM DATE 04/04/00 REVISED BY: GJB DATE 09/22/00 15' PROPERTY LINE PROPOSED ROW TAKE TAX LOT NUMBER 7853600185 PROPERTY LINE EXHIBIT FI~£ NAME: shogun.allY MAP ~ 22-SEP-2000 16=02=43 "EXHIBIT A" RIGHT OF WAY FROM PARCEL NO. 1500500090 That portion of Lot 9, Century, according to the plat thereof recorded in Volume 104 of Plats, pages 68 through 72, inclusive, King County, Washington, lying southerly and easterly of the following described line: Commencing at the northeast comer of Said Lot 9; thence along the northerly line of said Lot 9, North 88o48' 13" West, 10.86 feet, to the Point of Beginning of said 'described line; thence parallel to the westerly margin of Pacific Highway South, South l°12'23'' West, 200.00 feet; thence North 88o47'20" West, 4.14 feet; thence parallel to said westerly margin South 1°12'23'' West, 42.69 feet; thence South 61o51'07" West, 22.95 feet; thence perpendicular to the northerly margin of South 324th Street as shown on said plat South l°14'00" West, 13.49 feet to the southerly line of said LOt 9, said point being a point of tangency with the northerly margin of South 324th Street, and being the end of said line description, containing 3,303 square feet, more or less. - onglnal Signature ma ¢ with blue ink 374672fee.doc N 88°48'13'' 10.86' PROPERTY LINE PROPOSED ROW TAKE S 1°12'23" W 200.00' LOT 9 PLAT OF CENTURY TAX LOT NUMBER 1500500090 FOR INFORMATION PURPOSES ONLY THIS DRAWING IS NOT A RECORD OF SURVEY NOR MEETS MINIMUM STANDARO$ N 88°47'20" W- 4.14' S 1° 12'23" W 42.69' S 61°51'07" W 22.95' S 1°14'00" W 13.49' ..... _RgW .LLN_E_ S. 324TH ST. PREPARED BY: QC'B DATE 09/25/00 CHECKED BY: JGM DATE 09/25/00 REVISED BY: DATE NTS .,ia- i[~-'- EXISTING ROW CL SECT ION-~j, LINE II II EXHIBIT MAP FI[F HAME: kc~vstl.dlv 02-OCT-2000 II:53:52 "EXHIBIT B" EASEMENT FROM PARCEL NO. 1500500090 That portion of Lot 9, Century, according to the plat thereof recorded in Volume 104 of Plats, pages 68 through 72, inclusive, King County, Washington, described as follows: Commencing at the northeast comer of said Lot 9; thence along the northerly line of said Lot 9, North 88048' 13" West, 10.86 feet, to the Tree Point of Beginning; thence parallel to the westerly margin of Pacific Highway South, South l°12'23'' West, 200.00 feet; thence North 88047'20" West, 4.14 feet; thence parallel to said westerly margin North 1°12'23" East, 200.00 feet to the northerly line of said Lot 9; thence along said northerly line South 88°48'13'' East, 4.14 feet to the Point of Beginning, containing 828 square feet, more or less. XPIRES Original Signature made with blue ink 374672ease.doc N 10.86'-- 88°48'13" W 4.14' PROPERTY LINE ~°~°~° EASEMENT j~,,, I ,"--S 1°12'23"W CENTURY PLAT OF , ! ~ ONLY I I I iC~:)RO OF I I ',,,' I N 1°12'23"E -~ II , 2oo.oo' ~Ill: TAX LOT NUMBER FOR INFORMATION PURPOSES ONLY THIS DRAWING IS NOT A RECORD OF SURVEY NOR MEETS MINIMUM STANDARDS N 88°47'20" W--, 4.14' ' PROPOSED ~ , ROW TAKE , , ROW LINE S. 324TH ST. NTS ol !~//-- EXISTING ROW CL ~[c~,o~i LINE ., II II PREPARED BY: GiCB DATE 09/25/.00 CHECKED BY: JG~M DATE 09/25/00 REVISED BY: DATE EXHIBIT MAP FILl[ NAME: kcinvst2.dlv 02-OCT-2000 11:30:09 "EXHIBIT A" ACQUISITION FROM PARCEL NO. 0921049109 That portion of Lot 1, King County Short Plat Number 1283104, recorded under Recording Number 8411210278, being a portion of the northwest quarter of the southwest quarter of Section 9, Township 21 North, Range 4 East, W.M., in King County, Washington, more particularly described as follows: Beginning at the southwest comer of said Lot 1, being on the east margin of Pacific Highway South; thence along said east margin North 1°12'06'' East, 75.00 feet to the north line of said Lot'I; thence along said north line South 88°18' 14" East, 9.50 feet; thence South 1°14'09'' West, 75.00 feet to the south line of said Lot 1; thence along said south line North 88o18' 14" West, 9.46 feet to the Point of Beginning, containing 711 square feet, more or less. Original Signature made with blue ink 375411.doc .! NTS N 1° 12'06'' 75.00' ---- SECTION LINE ,.-;,~/-- EX I ST I NG ROW CL o E X! I...U ! ! ! I ! I I I I ! ! I -- S 88°18'14'' E 9.50' PROPERTY LINE PROPOSED ROW TAKE TAX LOT NUMBER 0921049109 -- S 1°14'09" W 75.00' PROPERTY LINE -- N 88°18'14'' W 9.46' FOR INFORMATION F~JRPOSES ONLY THIS DRAWING IS NO'[ A RECORD OF SURVEY NOR MEETS MINIMUM STANDARDS PREPARED BY: GCB DATE 09/25/.00 CHECKED BY: JGM DATE 09/25/00 REVISED BY: DATE EXHIBIT FILE NAME: flguyen.dlv MAP 29-S£P-2000 08:22=0,3 "EXHIBIT A" RIGHT OF WAY FROM PARCEL NO. 0821049228 The east 13.00 feet, containing 1,430 square feet, more or less, of the following described parcel: The south 110 feet of the southdast quarter of the northeast quarter of the southeast quarter of the southeast quarter of Section 8, Township 21 North, Range 4 East, W.M., in King County, Washington, lying westerly of State Highway No. 1. 374682.doc PROPERTY LINE · ' PROPOSED --~ ROW TAKE TAX LOT NUMBER 0821049228 PROPERTY LINE i ..~---EXISTING ,~-'"' ROW ! NTS 01 EXISTING ROW CL SECTION ii LINE FOR INFORMATION PURPOSES ONLY THIS DRAWING I$ NOT A RECORD OF SURVEY NOR MEETS MINIMUM STANOARDS PREPARED BY: GCB DATE 09/19/00 CHECKED BY: JGM DATE 09/19/00 REVISED BY: DATE EXHIBIT MAP FlEE NAME= reld. dtv lg-$EP-20OO 14:11:46 "EXHIBIT A" RIGHT OF WAY FROM PARCEL NO. 0921049221 That portion of Lot 1, King County Short Plat Number 1283007, as recorded under Recording Number 8404160949, being a portion of the southwest quarter of the southwest quarter of Section 9, Township 21 North, Range 4 East, W.M., in King County, Washington, more particularly described as follows: Beginning at the northwest comer of said Lot 1, being on the easterly margin of Pacific Highway South; thence along the northerly line of said Lot 1, South 88°18'01" East, 18.60 feet; thence South 51o02, 12" West, 8.66 feet; thence South l°39'31" West, 64.61 feet; thence South 2o04'22" East, 30.07 feet; thence South lo02'57 West, 109.40 feet to the southerly line of said Lot 1; thence along said southerly line North 88°47'54'' West, 13.48 feet to the easterly margin of Pacific Highway South; thence along said easterly margin North 1°12'06'' East, 209.78 feet to the Point of Beginning, containing 2,673 square feet, more or less. Original Signature made with blue ink 374690FEE.doc Ii EXISTING ~ROW CL I! II II ii SECTION ; LINE II I. O,i ~i Ii -rli II I e o 1 II I S 88°18'01" E 18.60' --S 51°02'12" W 8.66' S 1039'31" W 64.61' PROPERTY LINE NTS --S Z04'22" E 30.07' PROPOSED TAX LOT ROW TAKE NUMBER 0921049221 -- S 1°02'57'' W 109.40' LOT 1 KING COUNTY (~Q[~~ORT 1SLAT 1283007 N 88°47'54" W 13.48' PROPERTY LINE FOR INFORMATION PURPOSES ONLY THIS DRAWING IS NOT A RECORD OF SURVEY NOR MEETS MINIMUM STANDARDS PREPARED BY: GCB DATE 09/29/00 CHECKED BY: JGM DATE 09/29/00 REVISED BY: DATE EXHIBIT NAME: sea-t~c.dlv MAP 03-OCT- 2000 14:42:26 "EXHIBIT B" EASEMENT FROM PARCEL NO. 0921049221 That portion of Lot 1, King County Short Plat Number 1283007, as recorded under Recording Number 8404160949, being a portion of the southwest quarter of the southwest quarter of Section 9, Township 21 North, Range 4 East, W.M., in King County, Washingt6n, more particularly described as follows: Commencing at the northwest coruer of said Lot 1, being on the easterly margin of Pacific Highway South; thence along the northerly line of said Lot 1, South 88°18'01'' East, 18.60 feet; thence South 51o02' 12" West, 8.66 feet; thence South lo39'31" West, 0.80 feet to the True Point of Beginning; thence South 88o20'29'' East, 3.00 feet; thence South 1°39'31 West, 60.81 feet; thence South 88°57'03" East, 21.00 feet; thence South l°02'57" West, 5.00 feet; thence North 88o57'03" West, 23.92 feet to a point hereinafter referred to as point "A"; thence North 2o04'22" West, 2.03 feet; thence North l°39'31" East, 63.81 feet to the Point of Beginning, containing 302 square feet, more or less. TOGETHER WITH 'Commencing at the aforesaid point "A"; thence South 2o04'22" East, 26.04 feet to the True Point of Beginning; thence South 88o57'03" East, 22.50 feet; thence South 1°02'57TM West, 5.00 feet; thence North 88057'03" West, 19.39 feet; thence South lo02'57" West, 29.40 feet; thence North 88o57'03" West, 3.00 feet; thence North lo02'57" East, 32.40 feet; thence North 2O04'22" West, 2.00 feet to the Point of Beginning, containing 200 square feet, more or less. 374690ease.doc Original Signature made with blue ink !l li LLI LLI LLJ 0 0 ~-~< 0 0 Ltl ,L8'.C9~] ,,L~C,6~0L N ~O1:1 DNI/$1X:I n xO ~ ~' "5 ~'S "N Lg'l ' 6 'O~S ~- °o ~o~ ~ ........ z ~ (66 SS) HIAOS ~V~HDIH Ol~lOVd ~og m~m "-- 0 od 0 I-- I--O Z'--- z ~: Oou '-'~ ILl __10"~ 8I-' 0 °OW O_ ' ~ o ~8 ~ m Z~- LD [l_J ZZ) 0 J O0 O,J_ ONIISIX3 Z Sz xO co_J T~ III i-tlliiiiiiii__~ ' . o_-,,, ~:~:~: '~'AA "3 'lz W "N L~'I ' 6 038 ,_~:~ mdorn ................. _ ................... _ ................ ................. - ................................... o'<z WWW 'lq'M "3 I~'EI "N L~'l ' ~ 'O3S~-.-z:~ nw~lrr~<°- o'-r~ (66 IlS) HINOS ~V~HDIH Ol:llOVal ._,-~, w~ "EXHIBIT A" ACQUISITION FROM PARCEL NO. 0921049208 The west 15.00 feet, containing 750 square feet, more or less of the following described parcel: That portion of the land described in statutory warranty deed and recorded under Recording Number 19990824000966, in Section 9, Township 21 North, Range 4 East, W.M., in King County, Washington. with blue ink 374691.doc 01 I I I l PROPOSED ROW' TAKE I I I I 1 I I 1 I I I I I FOR INFORMATION PURPOSES ONLY THIS DRAWING IS NOT A RECORO OF SURVEY NOR MEETS MINIMUM STANOAROS PREPARED BY: GCB DATE 09/22/00 CHECKED BY: JGM DATE 09/22/00 REVISED BY: DATE I I I I I I I NTS PROPERTY LINE TAX LOT NUMBER 0921049208 PROPERTY LINE EXHIBIT MAP FILE NAVE: mbk.dlv 22-$[P/2000 15:52:28 "EXHIBIT A" ACQUISITION FROM PARCEL NO. 0821049060 That portion of the south h~lf of the southeast quarter of the southeast quarter of the northeast quarter of Section 8, Township 21 North, Range 4 East, W.M., in King County, Washington, EXCEPT the north 149.00 feet thereof, more particularly described as follows: Beginning at a point o.n the westerly margin of State Highway No. 1, where said line intersects the south line of said north 149.00 feet of above stated subdivision; thence along said westerly margin South l°13' 10" West, 114.04 feet to a point of tangency with a 25.00-foot radius curve; thence along said curve and that p?operty conveyed to King County, Washington as recorded under Recording Number 8605280615, to the right with a central angle of 89°53'30'', an arc distance of 39.22 feet to a point of tangency and being 42.00 feet north of the south line of aforesaid subdivision; thence along said line North 88°53'20" West, 16.06 feet to a point of tangency; thence along a 21.00-foot radius curve to the left with a central angle of 89053' 12", an arc distance of 32.94 feet; thence North l°13'28'' East, 118.03 to the south line of said north 149.00 feet of above stated subdivision; thence along said line South 88054'36" East, 20.04 feet to the Point of Beginning, containing 2,747 square feet, more or less. Original Signature made with blue ink 375403.doc PROPERTY LINE NTS PROPOSED ROW TAKE N 1° 13'28"E 118.03 TAX LOT NUMBER 0821049060 A: 89053'12" R : 21.00' L : 32.94' N88°53'20"W 16.0¢ FOR INFORMATION PURPOSES ONLY THIS DRAWING IS NOT A RECORD OF SURVEY NOR MEETS MINIMUM STANDAR[}S PREPARED BY: GCB DATE 09/19/00 CHECKED BY: JGM DATE 09/19/00 REVISED BY: DATE 89°53'30'' 25.00' 39.22' N88°54'36"E 20.04' ,..dj,,; ! N 1°13'10" E :~ 114.04' i ia:: f>-- £XISIING ROW CL EXHIBIT MAP FEE NN~IE: usbo~k.dlv 19-SEP-2000 16:0~:26 "EXHIBIT B" EASEMENT FROM PARCEL NO. 0821049060 That portion of the south half of the southeast quarter of the southeast quarter of the northeast quarter of Section 8, Township 21 North, Range 4 East, W.M., in King County, Washington, EXCEPT the north 149.00 feet thereof, being more particularly described as follows: Commencing at a point on the westerly margin of State Highway No. 1, being 50.00 feet westerly of the right of way center line, where said line intersects the south line of said north 149.00 feet of above stated subdivision; thence along said north line North 88o54'36'' West 20.04 feet to the True Point of Beginning; thence South l°13'28'' West, 118.03 feet; thence along a 21.00-foot radius curve to the right with a central angle of 40022'03'', an arc distance of 14.80 feet; thence - North 1°13'28'' East, 131.62 feet to said north line; thence along said north line South 88054'36'' East, 5.00 feet to the Point of Beginning, containing 637 square feet, more or less. Original Signature made with blue ink 375403EASE.doc PROPERTY LINE NTS PROPOSED EASEMENT LU TAX LOT NUMBER 0821049060 S. 312TH STREET N 88°54'36" E 5.00' ,///~-,~[ PROPO SED ROW TAKE 50' 40o22'03.' 21.00' L : 14.80' EXISTING ROW CL SECTION LINE '~ FOR INFORMATION PURPOSES ONLY THIS DRAWING IS NOT A RECORD OF SURVEY NOR MEETS MINIMUM STANOAFIDS PREPARED BY: GCB DATE 09/19/.00 CHECKED BY: JGM DATE 09/19/00 REVISED BY: DATE EXHIBIT MAP FIJI NAME: usb<~k.~v 19-S[P-2000 t6:06=26 "EXHIBIT A" RIGHT OF WAY FROM PARCEL NO. 0921049292 The west 13.00 feet, containing 780 square feet, more or less, of the following described parcel: Lot 1, King County Short Plat Number 1077084, recorded under Recording Number 7902220621, being a portion of the southwest quarter of the southwest quarter of Section 9, Township 21 North, Range 4 East, W.M., in King County, Washington. wi~h blue ink 374694.doc - NTS LINE EXISTING ROW CL PROPOSED ROW TAKE --~ FOR INFORMATION PURPOSES ONLY THIS DRAWING I$ NOT A RECORD OF ~LJRVEY NOR MEETS MINIMUM STANOARO$ PREPARED BY: GCB DATE 09/28/00 CHECKED BY: JGM DATE 09/28/00 REVISED BY: DATE 13' EXHIBIT FILE NAME: woldmo~.dtv PROPERTY LINE TAX LOT NUMBER 0921049292 PROPERTY LINE MAP 28-S£P-2000 12:05:29 "EXHIBIT A" ACQUISITION FROM PARCEL NO. 0921049113 The west 15.00 feet, containing 1,500 square feet, more or less, of that property described in Statutory Warranty Deed recorded under Recording Number 7302270085, lying within the northwest quarter of the southwest quarter of Section 9, Township 21, North, Range 4 East, W.M., in King county, Washington. Original Signature made with blue ink 374699.doc II 5~~ II II II II '! i! o ~! ,I >-- Ii T ~ LINE ~ROW CL II 'i I. .Ii ii I! FOR INFORMATION PURPOSES ONLY THIS DRAWING I$ NOT A RECORD OF SURVEY NOR MEETS MINIMUM STANDARDS PREPARED BY: GCB DATE 09/21/00 CHECKED BY: JGM DATE 09/21/00 REVISED BY: DATE I I I I I I I I I I PROPERTY LINE .-- PROPOSED ROW TAKE NTS TAX LOT NUMBER 0921049113 PROPERTY LINE EXHIBIT FIJI NAME: hosfeldl.dlv MAP ' 21-$£P-2000 t5:56:27 "EXHIBIT A" RIGHT OF WAY FROM PARCEL NO. 0921049118 That portion of Lot 1, King County Short Plat Number 281023, as recorded under Recording Number 8108050296, said short plat being a portion of the southwest quarter of the southwest quarter of Section 9, Township 21 North, Range 4 East, W.M., in King County, Washington, being more particularly described as follows: Beginning at the southwest comer of said Lot 1 being on the easterly margin of State Hi~ghway No. 1.(Pacific Highway South); thence along said easterly margin North 1°12'06'' East, 138.58 feet; thence along a 27.00-foot curve to the right with a central angle of 90°34'24'', an arc distance of 42.68 feet to the southerly margin of South 316th Street; thence along said southerly margin South 88a13'30'' East, 25.68 feet to a point of cusp; thence along a 45.00-foot curve to the left with a central angle of 90°34'24'', an arc distance of 71.14 feet; thence parallel to aforesaid easterly margin South 1012'06" West, 120.40 feet to the southerly line of said Lot 1; ' thence along said southerly line North 88°11'42" West, 7.50 feet to the Point of Beginning, containing 1,528 square feet, more or less. Original Signature made with blue ink 374697fee.doc ;i :l :.~ SEOTION !: LINE O') II (,f,j II -- ii/- EXISTING ,~ ROW CL 0 ~ ~ ~= N 01"12'~" E ~ ;~ 1~.~' ,I I l ~ NTS II 1 Il I FOR INFORMATION PURPOSES ONLY THIS DRAWING IS NOT A RECORO OF SURVEY NOR MEETS MINIMUM STANOARDS PREPARED BY: GCB DATE O9/14/00 CHECKED BY: JGM DATE 09/14/00 REVISED BY: DATE S.316TH STREET 88°13'30" E 25.68' 90°34'24'' 45.00' 71.14' A: 90°34'24'' R : 27.00' L: 42.68' PROPOSED ROW TAKE TAX LOT NUMBER 0921049118 --S 01°12'06'' W 120.40' PROPERTY LINE --N 88°11'42" W 7.50' EXHIBIT A FILl NA,~: .oelfl-l.dlv 19-S[P-2000 13:55:57 "EXHIBIT B' EASEMENT FROM PARCEL NO. 0921049118 That portion of Lot 1, King County Short Plat Number 281023, as recorded under Recording Number 8108050296, said short plat being a portion of the southwest quarter of the southwest quaffer of Section 9, Township 21 North, Range 4 EastTW'TM., in King County, Washington, being more particularly described as follows: Commencing at the southwest coruer of said Lot 1; thence along said southerly line South 88°11'42" East, 7.50 feet to the True Point of Beginning; thence parallel to the easterly margin of State Highway No. 1 (Pacific Highway South) North l°12'06" East, 120.40 feet, thence along a 45.00-foot curve to the right with a central angle of 85°14'30'', an arc distance of 66.95 feet to the southerly margin of South 316th Street; thence leaving said southerly margin South 1°46'30" West, 6.80 feet; thence South 65o18'04" West, 37.46 feet; thence parallel to aforesaid easterly margin South l°12'06" West, 142.16 feet to the southerly line of said Lot 1; thence along said southerly line North 88°11'42" West, 7.50 feet to the Point of Beginning containing 1,317 square feet, more or less. oo ~, ~.: ~/~ EXPIRES 9/30/~ ~ Original Silage ~de ~ blue i~ 374697ease.doc I.i~/- SECTION !2 LINE 0') II II rr ;i -- I~ /- EXISTING ~..'~ ROW CL 09 I. '1 <::{ ,I I I 50~ II II NTS N 01°12'06" E 120.40' FOR INFORMATION PURPOSES ONLY THIS DRAWING IS NOT A RECORD OF SURVEY NOR MEETS MINIMUM STANDA,'ROS PREPARED BY: GCB DATE 09/14/00 CHECKED BY: JGM DATE 09/14/00 REVISED BY: DATE S.316TH STREET S 1°46'30" W 6.80' -- S 65° 18'04" W 37.46' A: 85° 14'30" R : 45.00' L : 66.95' PROPOSED WALL EASEMENT TAX LOT NUMBER 0921049118 --S 01°12'06" W 142.16' PROPERTY LINE --N 88°11'42" W 7.50' EXHIBIT B FILE NAM/: woelfl-2.dlv 19-S[P-2000 *L~:$7:44 "EXHIBIT A" RIGHT OF WAY FROM PARCEL NO. 0921049252 The west 15.00 feet, containing 1,845 square feet, more or less, of the following described parcel: That portion of the property as described in Statutory Warranty Deed, recorded under King county Recording Number 9412080915, being a portion of the northwest quarter of the southwest quarter of Section 9, Township 21 North, Range 4 East, W.M., in King County, Washington. Original Signature made with blue ink 375412.doc NTS EXISTING ROW CL ~ t~/--- SECTION LINE ! 50' FOR INFORMATION PURPOSES ONI_Y THIS DRAWING IS NOT A RECORD OF SURVEY NOR MEETS MINIMUM STANDARDS PREPARED BY: GCB DATE 09/.29/00 CHECKED BY: JGM DATE 09/29/00 REVISED BY: DATE 15' PROPERTY LINE PROPOSED ROW TAKE TAX LOT NUMBER 0921049252 PROPERTY LINE EXHIBIT MAP FILE NAME: horn. dy 29-SEP-2000 10:24:31 MEETING DATE: March 6, 2001 CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Proposed Agreement for Celebration Park Batting Cage Services CATEGORY: BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER ATTACHMENTS: Committee action form; draft Agreement; Celebration Park Site Plan SUMMARY/BACKGROUND: Russell and Justin Mentink submitted to the City a proposal to locate a batting cage at Celebration Park, north of the batting restroom/concession building in the Weyerhaeuser Plaza. The Parks and Recreation Commission held a public hearing on January 13, 2000. The Parks and Recreation Commission forwarded to Council a recommendation for the City to enter into a contract for a batting cage in Celebration Park located at the previous area identified for a maintenance facility. On March 7, 2000, after review by the PRHSPS Council Committee, the full Council authorized the City to enter into a contract for a batting cage facility at the site proposed by the Parks and Recreation Commission. The City Attorney and the PRCS Director then negotiated an agreement with the Mentinks for the construction and operation of a six-station batting cage facility in the Park, a copy of which is attached. CITY COUNCIL COMMITTEE RECOMMENDATION: After review at its February 21, 2001 meeting, the Parks, Recreation, Human Services and Public Safety Council Committee recommended that the full City Council authorize the City Manager to enter into the agreement for Celebration Park Batting Cage Services, on the condition that the agreement would be modified to include language requiring City consent to any assignment or transfer of the agreement to another party, and on the condition that the Agreement were clarified to indicate when payments would begin. As indicated by underscoring, language prohibiting assignment without prior approval of the City has been added to Paragraph 20. Paragraph 8 does indicate that its term commences on the day on which the Mentinks receive all permits necessary for construction of the facility; clarifying language indicating the due date for the first payment has been added to Paragraph 9.2, as shown by the underscored language. CITY MANAGER RECOMMENDATION: Motion to approve Celebration Park Batting Cage Services Agreement. APPROVED FOR INCLUSION IN COUNCIL PACKET~ ~ (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) ; COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE It RESOLUTION # CC BATTINGCAGE - 2/27/01 CITY OF FEDERAL WAY MEMORANDUM Date: To: From: Via: Subject: January 31, 2001 Parks, Recreation, Human Services and Public Safety Council Committee J enni fer S chro_.d~i~e~ct o r~ Bob C. Sterbanlt,~Cit~ Attorney David Mose~~anager Proposed Agreement for Celebration Park Batting Cage Services Background: Russell and Justin Mentink submitted to the City a proposal to locate a batting cage at Celebration Park, north of the batting restroom/concession building in the Weyerhaeuser Plaza. The Parks and Recreation Commission held a public heating on January 13, 2000. The Parks and Recreation Commission forwarded to Council a recommendation for the City to enter into a contract for a batting cage in Celebration Park located at the previous area identified for a maintenance facility. After review by the PRHSPS Council Committee, the full Council, on March 7, 2000, authorized the City to enter into a contract for a batting cage facility at the site proposed by the Parks and Recreation Commission. Russell and Justin Mentink desire to execute an agreement with the City to construct and operate a six-station batting cage facility in Celebration. The basic terms of the proposed agreement are as follows: Premises. The Batting Cage shall be constructed and operated in the area located in Celebration Park previously reserved for the construction of a "Maintenance & Storage Facility". Batting Cage Services. Shall, at a minimum, be open to the public from March 15t~ until September 30th each year during the Term; provided, however, that the City reserves the right to require that the Batting Cage be closed if the operation would be incompatible with City purpose such as the Fourth of July City celebration. Batting Cage shall be open to the public from 12:00 p.m. until 8:00 p.m., Monday through Friday and from 10:00 a.m. until 8:00 p.m., Saturday and Sunday. The Batting Cage may continue its operation beyond the 8:00 p.m. closing time in the event there is a game being played at Celebration Park, but in no event shall the operation continue past 9:30 p.m. unless such operation is given prior approval by the Parks, Recreation and Cultural Services Director. Construction of Batting Cage. The Mentinks agree to construct, at their sole expense, a batting cage facility that will include six (6) cages, five (5) dual pitching machines (providing both slow and fastpitch softball and baseball), and one (1) single pitching machine that can do either slow or fastpitch. The term of the agreement will be for a period often (10) years, with renewal terms at the discretion of the City for a maximum of two (2) additional terms of five (5) years each. Compensation. The agreement calls for a fee schedule based on year of term or percentage of gross monthly revenue, whichever is greater. For years 1-2-3, the Mentinks shall pay the City a minimum payment of $500.00 per month, $750.00 per month for years 4-5-6, and $1,000.00 per month for years 7-8-9-10, or a percentage of gross receipts per the following schedule: · 5% of the first $100,000 in gross receipts · 7% of receipts in excess of $100,000 to $200,000 · 10% of gross receipts in excess of $200,000 Free Clinics. The Mentinks agree to provide to the citizens of Federal Way, a minimum of one (1) monthly free hitting clinic, during the dates of operation (March 15 - September 30). Insurance. The agreement requires the Mentinks to carry as a minimum, workers' compensation and employer liability insurance in amounts pursuant to the laws of the State of Washington; commercial general liability insurance with minimum limits of Two Million Dollars per occurrence and Five Million Dollars in the annual aggregate, for bodily injury; automobile liability insurance with minimum limits of not less than Two Million Dollars per occurrence and Five Million Dollars in the annual aggregate for bodily injury. Committee Recommendation: Staff requests the Committee forward the proposed agreement for Celebration Park Batting Cage Services to the full City Council, with a "do pass" recommendation. APPROVAL BY COMMITTEE: hair~ Con{miffee Membe~r Committee Member I:~PARKSCOMMITTEE\0212_BATCAGE.DOC AGREEMENT FOR CELEBRATION PARK BATTING CAGE SERVICES This Agreement ("Agreement") is dated effective this__ day of ., 2001. The parties ("Parties") to this Agreement are the CITY OF FEDERAL WAY, a Washington municipal corporation ("City"), and RUSSELL W. and MENTINK, husband and wife, and JUSTIN MENTINK, a single person (collectively, the "Mentinks"). A. The City seeks the temporary professional services of a skilled independent contractor capable of working without direct supervision, to construct a batting cage and to provide batting cage services to the general public at Celebration Park, located at 1095 South 324th Street, Federal Way, Washington ("Celebration Park"); and B. The Mentinks have the requisite skill and experience necessary to provide such services. NOW, THEREFORE, the Parties agree as follows: 1. Premises. The Batting Cage shall be constructed and operated on certain premises commonly known as the area located in Celebration Park to the southeast of the baseball fields, which area was previously reserved for construction ofa"Maintenance & Storage Facility", and as more particularly identified by the City and as shown on the site plan attached as Exhibit "A" and incorporated herein by this reference ("Premises"). 2. Batting Cage Services. 2.1 License. The City hereby grants to the Mentinks a limited license to use the Premises solely for the purposes set forth in this Agreement and for the Term of this Agreement. 2.2 Customer Service. The Mentinks and all of their employees, agents, or representatives shall provide the highest quality of customer service and shall treat all customers with courtesy and respect. The Mentinks shall honor all reasonable requests for refunds including requests from customers that are dissatisfied with any product sold by the Mentinks or from customers who have lost money in any machine Owned by the Mentinks. 2.3 Employee Appearance. All of the Mentinks' employees, agents, representatives or licensees shall have a neat, clean and sanitary personal appearance and those who come in direct contact with the public shall wear clothing or identification which distinguishes them as employees of the Mentinks. 2.4 Employee Training. The Mentinks shall provide a training program for its employees, agents, or representatives for the development of the skills and techniques necessary to perform its obligations under this Agreement including, but not limited to, promoting customer service, produce and service presentation, cleanliness, positive attitude and promoting the City Parks, Recreation and Cultural Services Department's ("PRCS") philosophy and policy. 2.5 Staffing. The Batting Cage shall be properly staffed in order to prevent undue delay to the public. The Mentinks shall plan its staffing in advance and anticipate to the best of its ability any events, such as holidays or special events, which may require additional staffing. In the event the City determines in its sole discretion that the Mentinks are not adequately staffing the Batting Cage, it may notify the Mentinks of that fact and the Mentinks shall immediately increase its staffing to meet the City's recommendation. 2.6 Dates of Operation. The Batting Cage shall at a minimum be open to the public from March 15th until September 30th each year during the Term; provided, however, that the City reserves the right to require that the Batting Cage be closed if the operation would be incompatible with a City purpose such as the Fourth of July City celebration. 2.7 Hours of Operation. The Batting Cage shall be open to the public during the dates of operation from 12:00 p.m. until 8:00 p.m., Monday through Friday and from 10:00 a.m. until 8:00 p.m., Saturday and Sunday, or during such hours as may be set by the City's PRCS Director in her sole discretion; provided, however, that the Batting Cage may continue its operations beyond the 8:00 p.m. closing time in the event there is a game being played at Celebration Park, but in no event shall such operation continue past 9:30 p.m. unless such operation is given prior approval by the PRCS Director. 2.8 Products. All products offered for sale by the Mentinks to the public shall be approved in writing by the City prior to distribution or sale of any such products. The Mentinks shall comply with any reasonable requests made by the City to either add or eliminate certain types of products. 3. Construction of Batting Cage. 3.1 Construction of Batting Cage. The Mentinks agree to construct, at their sole expense, a batting cage facility on the Premises ("Batting Cage") having an approximate size of ' x ' that will include six (6) cages, five (5) dual pitching machines (Automated Batting Cages Model AP 1000 providing both slow and fast pitch softball and baseball), one (1) single pitching machine (either slow or fast pitch); an ' x ' concession building with exterior detailing and materials that coordinate with the existing brick -2- restroom/concession building and existing metal maintenance building in Celebration Park. Plans and specifications depicting the batting cage facility and concession building are subject to the approval of the PRCS' Director in her sole discretion ~ch~d i~ Exh!bit, ~B~::and~.!m~orate~ ~e:~eferen~e ( Plans ) No change orders to the Plans shall occur unless the same have been approved in writing by the City. The Mentinks shall be responsible for obtaining and paying all expenses associated with all necessary permits, licenses, bonds and approvals in connection with the construction of the Batting Cage and/or performing all of their obligations under this Agreement. 3.2 Alterations. The Mentinks shall not make any material alterations, additions or improvements to the Batting Cage without the City's prior written consent, which consent may be withheld for any reason, except that with respect to alterations, additions or improvements to the interior of the Batting Cage, the City's consent may not be unreasonably withheld. In the event the City consents to the making of any alterations, additions or improvements to the Batting Cage (interior or exterior), the same shall be made at the Mentinks's sole cost and expense. 3.3 Surrender/Removal. Upon the expiration of the Term, or earlier termination of this Agreement, the City may elect the following: (a) the surrender of the Batting Cage and all associated equipment to the City ("Surrender Option"); or (b) the removal of the Batting Cage, or any part thereof, at the Mentinks' sole cost and expense, and the repair of any damage to the real property caused by such removal within atime period prescribed by the City ("Removal Option"). If the City elects the Surrender Option, the City and the Mentinks shall jointly select an appraiser to determine the remaining fair market value (if any) of the Batting Cage and associated equipment, taking into account depreciation and resale value (if any). The cost of the appraiser shall be borne equally by the City and the Mentinks. Upon the City's payment of the remaining value (if any) of the Batting Cage and associated equipment, the Mentinks shall surrender the Batting Cage and all such equipment, which shall become the City's property. The Mentinks shall provide sufficient bonding or an assignment of funds in lieu of bonding to insure performance of this provision. 4. Maintenance. The Mentinks shall, at their expense, fully maintain the Batting Cage, the Premises, and any of the surrounding areas affected by their business operation in good condition and repair, including without limitation keeping such areas in a very neat, clean, safe and sanitary condition; removing all garbage and debris on a daily basis; repairing any broken machines within a reasonable time period; removing all graffiti; maintaining, repairing and replacing all plumbing fixtures in the Batting Cage including hot water heaters, drain maintenance and any upgrades required by current codes; performing all preventative maintenance; and providing all necessary janitorial service to adequately maintain such areas. The Mentinks shall keep all owned equipment and structures and leased City land free from encumbrances and/or liens, except for any mortgages or security interests granted for financing purposes and approved by the City prior to their execution by the Mentinks. -3- 5. Damage to Batting Cage. If the Batting Cage or any part thereof is damaged by any cause other than the sole negligence of the City, its employees or agents, the Mentinks shall, at their sole cost and expense, restore the Batting Cage to a condition equivalent or better than its condition immediately prior to such damage. 6. City Reimbursement. In the event the Mentinks fail to remove the Batting Cage pursuant to paragraph 3.3, maintain the Batting Cage pursuant to paragraph 4, or repair the Batting Cage pursuant to paragraph 5, the City may, but in no event is the City obligated to, remove the Batting Cage or perform the maintenance or repair and the Mentinks shall, upon demand, immediately pay the City the costs and expenses of such removal, maintenance or repair. In the event the Mentinks fail to comply with the terms of this paragraph, the City may confiscate the Batting Cage, or any part thereof, and sell the same, the proceeds of which sale will be credited against any costs or expenses incurred by the City. The sale of the Batting Cage shall not constitute an election of remedies by the City but will be in addition to any remedies available to the City at law, in equity, by statute or under this Agreement. 7. Utilities, Taxes and Expenses. The Mentinks shall pay all costs and expenses associated with the operation of the Batting Cage, including, without limitation, all utilities and taxes. The Mentinks shall pay directly, before delinquency, any and all taxes levied or assessed upon their leasehold improvements, equipment, furniture, fixtures and personal property located on the City's property. 8. Term. The term of this Agreement shall be for a period of ten (10) years commencing on the date the Mentinks obtain all necessary permits to construct the Batting Cage and terminating ten (10) years thereafter ("Term"); provided, however, the City may terminate this Agreement prior to the expiration of the Term for the Mentinks breach of this Agreement, or for other default, as described in Section 19 of this Agreement. At the end of the Term, if the Mentinks are not in breach or default of this Agreement as set forth in Section 19, the Mentinks shall have the option to extend this Agreement for a maximum of two (2) additional terms of five (5) years each ("Option Term(s)"), by providing the City with written notice one hundred and twenty (120) days prior to the expiration of the Term of the Mentinks election to exercise their right for the Option Term(s), and by obtaining the City's mutual agreement to the rental rate for any Option Term(s). -4- 9. Compensation. 9.1 Total Compensation. The Mentinks agree to pay the City a monthly fee and a percentage of their gross monthly revenue, excluding state sales tax ("Payments") as follows: Years 1-2-3: During the first three (3) years of this Agreement, the Mentinks shall pay to the City a minimum payment equal to the greater of Five Hundred Dollars and no/100 ($500.00) per month, or a percentage of gross receipts as calculated in Subsection (a) below. Years 4-5-6: During the fourth, fifth and sixth years of the Term, the Mentinks shall pay to the City a minimum payment equal to the greater of Seven Hundred Fifty Dollars and no/100 ($750.00) per month, or a percentage of gross receipts as calculated in Subsection (a) below. Years 7-8-9-10: During the remainder of the Term, the Mentinks shall pay to the City a minimum payment equal to the greater of One Thousand Dollars and no/100 ($1,000.00) per month, or a percentage of gross receipts as calculated in Subsection (a) below. (a) The Mentinks' gross receipts payment shall be calculated as follows: Five Percent (5%) of the first $100,000 in gross receipts; Seven Percent (7%) of gross receipts in excess of $100,000 to $200,000; and Ten Percent (10%) of gross receipts in excess of $200,000. (b) The term "Gross Monthly Revenue" shall mean the total amount charged by the Mentinks, their employees, agents, or licensees, for all goods and merchandise sold or services performed, whether for cash or other consideration or on credit, and regardless of collections. 9.2 Payment Due Date. The Mentinks shall deliver the Payments to the City on or before the 10th day of each month for both the monthly fee and the Gross Monthly Revenue received during the preceding month ("Due Date"). The first payment shall be due on the 10th day of the first month in which the Mentinks receive all necessary permits to construct the batting cage; provided, however, that if the date on which the Mentinks receive such permits falls after the 10th day of the month, the first payment shall be due on the 10th day of the following month, and shall include a pro-rated amount for any portion of the prior month in which the Mentinks received permits. 9.3 Access to Records. The Mentinks shall provide a written statement to the City on the Due Date showing the total Gross Monthly Revenue for the preceding month ("Statement"). The Mentinks will provide the City or the City's agents or representatives reasonable access to the books and records of the Mentinks for the purposes of auditing and inspecting the same to verify the Statement. The records shall include documents from -5- which the original transaction entry was made, including sales slips, cash register tapes, and/or purchase invoices. 9.4 Cash Registers. All sales, other than sales from machines, shall be recorded by cash registers which display to the customer the amount of the sale and automatically issue receipts certifying the transaction amount. The cash registers shall be equipped with devices which lock in sales totals, transaction records, produce duplicate audit tape, contain counters which cannot be reset and which record the transaction numbers and sales details on such tape. Any errors shall be noted by the Mentinks on the audit tape with an explanation. Cash register readings shall be recorded by the Mentinks at the beginning and the end of each business day. 9.5 Late Fee. The Mentinks acknowledge that late payment to the City of the Payments will cause the City to incur costs not contemplated by this Agreement, the exact amount of which will be difficult to ascertain. Accordingly, if any Payment is not received by the City on the Due Date, the Mentinks agree to pay a late fee equal to 10% of the late Payment amount, plus interest on the late amount of 12%; except that where a Payment is more than 10 days late, the late fee shall be equal to 15% of the late Payment amount, plus interest on the late amount of 12%. 9.6 Mentinks Responsible for Taxes. The Mentinks shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement, including but not limited to Leasehold Excise Tax imposed pursuant to RCW 82.29A. 10. Free Clinics. The Mentinks shall provide a minimum of one (1) monthly free hitting clinic, during the dates of operation set forth in Section 2.6 herein, to the citizens of Federal Way and shall coordinate the dates, time, length, participants and scope of such clinics with Federal Way PRCS Department. The Mentinks shall provide free instruction during the clinics. 11. Compliance with Laws. The Mentinks shall comply with and perform the services herein in accordance with all applicable federal, state, and City laws including, without limitation, all City codes, ordinances, resolutions, standards and policies, as now existing or hereafter adopted or amended, including but not limited to the following: (i) Federal, state and local health, safety and licensing laws relating to the sale of concession goods; -6- (ii) City code provisions requiring any person or entity doing business in the City to obtain a business registration; and (iii) policy. City PRCS Department policies, including, but not limited to, its concession (iv) In all the Mentinks' activities, including the performance of the services herein and all hiring and employment made possible by or resulting from this Agreement, there shall be no discrimination by the Mentinks or by the Mentinks' employees, agents, subcontractors or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, creed, national origin, marital status or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Mentinks shall not violate any of the terms of Chapter 49.60 RCW, Title VII of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973 or any other applicable federal, state or local law or regulation regarding non-discrimination. Any material violation of this provision shall be grounds for termination of this Agreement by the City and, in the case of the Mentinks' breach, may result in ineligibility for further City agreements. 12. Warranty. The Mentinks warrants that they have the requisite training, skill and experience necessary to provide the services herein and are appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to being registered to do business in the City of Federal Way by obtaining a City of Federal Way business registration. 13. Independent Contractor/Conflict of Interest. It is the intention and understanding of the Parties that the Mentinks shall be an independent contractor and that the City shall be neither liable nor obligated to pay the Mentinks sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. The Mentinks shall pay all income and other taxes as due. Industrial or any other insurance which is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Mentinks, shall not be deemed to convert this Agreement to an employment contract. It is recognized that Mentinks may or will be performing services during the Term for other partieS; provided, however, that such performance of other services shall not conflict with or interfere with Mentinks's ability to perform the services herein. Mentinks agrees to resolve any such conflicts of interest in favor of the City. 14. Indemnification. 14.1 The Mentinks Indemnification. The Mentinks agree to indemnify, defend, and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Agreement to the extent caused by the negligent acts, errors or omissions of the Mentinks, its partners, shareholders, agents, employees, or by the Mentinks's breach of this Agreement. Mentinks waives any immunity that may be granted to it under the Washington State Industrial Insurance Act, Title 51 RCW. Mentinks's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. 14.2 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 15. Confidentiality. All information regarding the City Agreement shall be considered confidential. grounds for immediate termination. obtained by the Mentinks in performance of this Breach of confidentiality by the Mentinks will be 16. Insurance. The Mentinks agree to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating which is satisfactory to the City: 16.1 Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; 16.2 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, for bodily injury, including personal injury or death, products liability and property damage. 16.3 Automobile liability insurance with minimum limits of not less than Two Million Dollars ($2,000,000) per occurrence and Five Million Dollars ($5,000,000) in the annual aggregate, for bodily injury, including personal injury or death and property damage. The City shall be named as additional insured on all such insurance policies, with the exception -8- of workers' compensation coverage. The Menfinks shall provide certificates of insurance, concurrent with the execution of this Agreement, evidencing such coverage and, at City's request, furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. All insurance policies shall contain a clause of endorsement providing that they may not be terminated or materially amended during the Term of this Agreement, except after thirty (30) days prior written notice to the City. If the Mentinks's insurance policies are "claims made" or "claims paid," the Mentinks shall be required to maintain tail coverage for a minimum period of three (3) years fi.om the date this Agreement is actually terminated. The Mentinks's failure to maintain such insurance policies shall be grounds for the City's immediate termination of this Agreement. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 17. Non-Exclusive Right. This Agreement does not grant the Mentinks an exclusive right to use of Celebration Park or to distribute their products or the products of others. The City reserves the right to grant to other persons or entities any of the rights contained herein or otherwise. 18. Signs. The Mentinks shall not place any sign, notice or advertising matter in or about the City's real property, without the City's prior written consent, which consent may be withheld for any reason. The Mentinks shall obtain all necessary permits in connection with any such signs. 19. Default. The occurrence of any one or more of the following events shall constitute a default and a breach of this Agreement by the Mentinks: 19.1 The vacating or abandonment of the Premises; 19.2 The failure by the Mentinks to make when due any of the Payments, where such failure shall continue for a period of three (3) days after written notice of default from the City to the Menfinks. 19.3 The failure by the Mentinks to observe or perform any of the covenants, conditions or provisions set forth in Sections 2.2 - 2.8 of this Agreement to be observed or performed by the Mentinks (specifically not including those described in Sections 19.1 - 19.2 above), for a period of thirty (30) days after written notice of such default from the City to the Mentinks; provided, however, that if the nature of the Mentinks' default is such that more than thirty (30) days are reasonably required for its cure, then the Mentinks shall not be deemed to be in default if the Mentinks commence a cure within that thirty (30) day period and thereafter diligently prosecute the cure to completion. 19.4 The Mentinks become a "debtor" as defined in the Bankruptcy Code, 11 USC Section 101, or any successor statute, or ifa trustee or receiver is appointed to take possession of substantially all of the Mentinks' assets located at the Premises or of the Mentinks' interest in this Agreement. _9_r 19.5 Any other occurrence which constitutes a material breach or default under other provisions of this Agreement. 20. Assignment. The Mentinks shall not have the right to transfer or assign, in whole or in part, any or all of their obligations and rights hereunder without the prior written consent of the City. As a prior condition to any such consent, any assignee must file written notice of the assignment with the Ci_ty together with its written acceptance of all terms and conditions of this Agreement. Notwithstanding the foregoing, the Mentinks shall have the right, without such notice or such written approval, to mortgage, pledge, or hypothecate to any financing enti _ty to whom the Mentinks (i) have obligations for borrowed money or in respect of guaranties thereof, or (ii) have obligations evidenced by bonds, debentures, notes or similar instruments, the benefits, privileges and proceeds the Mentinks receive from this Agreement. 21. General Provisions. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement. No provision of this Agreement may be amended or modified except by written agreement signed by the parties. Without in any way limiting any of the foregoing provisions requiring the City's consent to assignment, this Agreement shall be binding upon and inure to the benefit of the Parties' successors in interest, heirs and assigns. Any provision of this Agreement which is declared invalid or illegal shall in no way affect or invalidate any other provision. In the event either of the Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attomey, or files a lawsuit, the substantially prevailing Party shall be entitled to its reasonable attomeys' fees, costs and expenses, to be paid by the other, non- prevailing Party. The venue for any dispute related to this Agreement shall be King County, Washington. Failure of the City to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. DATED the day and year set forth above. CITY OF FEDERAL WAY ATTEST: By: David H. Moseley, City Manager 33530 1st Way South P. O. Box 9718 Federal Way, WA 98063-9718 City Clerk, N. Christine Green, CMC APPROVED AS TO FORM: City Attomey, Bob C. Sterbank Russell W. Mentink Mentink Justin Mentink 31602 37th Avenue SW Federal Way, WA 98023 (253) 838-2048 STATE OF WASHINGTON ) ) SS. COUNTY OF KING ) On this day personally appeared before me, Russell W. Mentink and Mentink, husband and wife, to me known to be the individual(s) described in and who executed the foregoing instrument, and on oath swore that they executed the foregoing instrument as their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of ., 2001. (notary signature) (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires: -11 - STATE OF WASHINGTON ) ) SS. COUNTY OF KING ) On this day personally appeared before me, Justin Mentink, a single person, to me known to be the individual(s) described in and who executed the foregoing instrument, and on oath swore that he executed the foregoing instrument as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of ,2001. (notary signature) (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires: STATE OF WASHINGTON ) ) SS. COUNTY OF KING ) On this day personally appeared before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and swom, David H. Moseley, to me known to be the City Manager of the City of Federal Way, a Washington municipal corporation, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the flee and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instmment. 'GIVEN my hand and official seal this day of ,2001. (notary signature) (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires: G:\batcage 02/27/01 -12- EXHIBIT A SITE PLAN Parcels Buildings Pavement Sidewalk Parks City of Federal Way Site Map N Map Printed-Feb 6 2901 Federal Way city 200 0 200 400 600 800 Feet The O~y of Federal Way makes no warranty.as to its accu .~. . . Map made by ~ij Note: This map is intended for use as a graph/ceJ representa#on orxy. MEETING DATE: March 6, 2001 CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Horseshoe Pitches at Steel Lake Park Annex CATEGORY: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: Committee action form dated February 5, 2001; Steel Lake Park Site Plan SUMMARY/BACKGROUND: In September 2000, Chuck Glasford and Jerry Varner presented a proposal to City Council and the Parks and Recreation Commission to locate horseshoe pitches somewhere within the Federal Way park system for the benefit of people interested in this activity. The preferred location expressed by Glasford was the site near the north entrance to Celebration Park. Fhe Commission's Recreation Programming Committee visited the recommended site in Celebration Park as well as looked at other park locations. The Parks Council Committee findings included a recommendation to not locate horseshoe pitches at Celebration Park. However, the Commission does support Steel Lake Park as a potential location. Staff suggested the west side of Steel Lake Annex restrooms/concession building as a potential location to site horseshoe pitches. Glasford and Varner inspected the area proposed by staff in January and agreed the site offers a good location for the City's first horseshoe pitches. CITY COUNCIL COMMITTEE RECOMMENDATION: On February 21, 2001, the Parks, Recreation, Human Services and Public Safety Council Committee passed a motion authorizing to locate horseshoe pitches at Steel Lake Park/Annex and forward to full Council. CITY MANAGER RECOMMENDATION: Motion to approve locating horseshoe pitches at Steel Lake Park/Annex. .~ APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL ti 1st Reading Enactment Reading ORDINANCE ti RESOLUTION # CC_HORSESHOEPIT- 2/27/01 CITY OF FEDERAL WAY MEMORANDUM Date: To: From: Via: Subject: February 5, 2001 Parks, Recreation, Human Services. and Public Safety Council Committee Jennifer Sc~~ctor ~~ D avid Mo se_le.~k/qh~ ~ager Horseshoe Pitches at Steel Lake Park Annex Background: Last September, Chuck Glasford along with Jerry Varner presented a proposal to the City Council and Parks and Recreation Commission to locate horseshoe pitches somewhere within a Federal Way park system for the benefit of people interested in this activity. The preferred location expressed by Mr. Glasford was the site near the north entrance to Celebration Park. The Commission's Recreation Programming Committee visited the recommended site in Celebration Park as well as looked at other park locations. The Parks Council Committee findings included a recommendation to not locate horseshoe pitches at Celebration Park. However, the Commission does support Steel Lake Park as a potential location. Staff suggested the west side of the Steel Lake Annex restrooms/concession building as a potential location to site horseshoe pitches. Mr. Glasford and Mr. Vamer inspected the area proposed by staff in January and agreed the site offers a good location for the City's first horseshoe pitches. Parks and Recreation Commission Recommendation: The Parks and Recreation Commission passed a motion to recommend to the Council Committee to approve the area west of the Steel Lake Annex restroorn/concession building for a horseshoe pitch facility. Committee Recommendation: 10B.(C,~X [~ ~ Motion to place on City Council's F-,~o,~ary-2~, 2001 Agenda under consent approval to locate horseshoe pitches at Steel Lake Park/Annex as recommended by the Parks and Recreation Commission. APPROVAL BY COMMITTEE: /t~/~mittee Chair C~mmittee Me .n~er I:xff, ARKSCOMMtTTEE\0212 HORSESHOEPIT.DOC Committee Member Steel ~arki / · ,, / Ste~l Lk Pro Exisl , / Skate ! /Site Proposed Path~., aY~ Existing Socer Field Steel Lake Park- Site Plan /~ Sewlines Watlines · Manholes · Fire Hydrants 5-foot Contours ~ Index Contours /"., :' Intermediate Contours _Sk&teprk. dwg ~3 / Buildings ~ Pavement ~ Parcels Map made by -jtj Map Printed-Feb I 2001 Federal Way CityMap 50 0 50 100 150 200 Note: This map is intended for use as a graphical representation only. The City of Federal Way makes no warranty as to its accuracy. MEETING DATE: March 6, 2001 CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Arts Commission Work Plan CATEGORY: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: Committee action form dated February 6, 2001; Work Plan SUMMARY/BACKGROUND: The Arts Commission developed a 2001 Work Plan reducing the number of committees. The Commission will now operate with three working committees, which will meet monthly, and one full Commission meeting each month. The Arts Commission reviewed and approved the Work Plan at the December 2000 Commission meeting. A copy of the Work Plan is included for Council Review. CITY COUNCIL COMMITTEE RECOMMENDATION: On February 21, 2001, the Parks, Recreation, Human Services and Public Safety Council Committee passed a motion authorizing the Arts Commission to implement the 2001 Work Plan. CITY MANAGER RECOMMENDATION: Motion to approve~he _A~s~xommission 2001 WorkPlan. APPROVED FOR INCLUSION IN COUNCIL PACKET:c~"~CNX4 \ (BELOW TO BE COMPLETED BY CI~ CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # CC ACWORKPLAN- 2/27/01 ( Item 5.C CITY OF FEDERAL WAY MEMORANDUM Date: To: From: Via: Subject: February 6, 2001 Parks, Recreation, Human Services and Public Safety Council Committee Mary Faber, Recreation and Cultural Services Superintendent David Mose-~~anager Arts Commiss~n Work Plan Backeround: The Arts Commission developed a 2001 Work Plan reducing the number of committees. The Commission will now operate with three working committees, which will meet monthly, and one full Commission meeting each month. The Arts Commission reviewed and approved the Work Plan at the December 2000 Commission meeting. A copy of the Work Plan is included for Council Review. Committee Recommendation: Authorize the Arts Commission to implement the 2001 Work Plan. APPROVAL OF CO~E REPORT: ,mmittee Chair c/ Cl~r/~imittee M~mber Committee Member I:~ARKSCOMMITTEE\0212 WORKPLAN.DOC City of Federal Way Arts Commission 2001 Work Plan Public Art Committee Ao Maintain City Hall Exhibits and Knutzen Family Theatre Gallery 1. Schedule artists for both galleries for 2001. Timeline: Artists scheduled by Jan. 15, 2001 Lead: Staff 2. Organize volunteers to assist in installing and removing exhibits. Timeline: On-going Lead: Ron Smith, Jung Ho Klm, Iris Marshall Bo Develop art plans for upcoming 2% for Art Projects 1. Develop a timeline for public art involvement for the Skateboard Park. Timeline: Artist Selection Process-February 2001 Lead: Margaret Douglas Implement Outdoor Sculpture Exhibit at Celebration Park 1. Finalize budget and art consultant contract. Timeline: January 2001 Lead: Staff 2. Review Artists Proposals. Timeline: March 2001 Lead: Lona Bostic, Iris Marshall 3. Install Exhibit Timeline: May 2001 Lead: Staff Review Draft Public Art Policies and finalize. 1. An ad-hoc committee of the Commission review policies. Timeline: February 2001 Lead: Donna Welch, Allan Smith 2. The Public Art Committee review policies. Timeline: March-April 2001 Lead: Donna Welch, Allan Smith 3. Finalize Policies for Commission/Council approval. Timeline: June, 2001 Lead: Donna Welch, Allan Smith Develop a Rotating Bonsai Exhibit at Dumas Bay Centre 1. Meet with Weyerhaeuser Company to discuss ideas. Timeline: February 2001 Lead: Fran Veiling 2. Develop program outline for Commission review. Timeline: April 2001 Lead: Fran Veiling 3. Implement Exhibit at Dumas Bay Centre Timeline: June 2001 Lead: Fran Veiling Review and propose a concept for an Historical Art Work at Dumas Bay Centre. Timeline: Present ideas to September Comm. mtng. Lead: Bette Simpson City of Federal Way Arts Commission 2001 Work Plan Cultural Outreach Committee Ao Review/revise Knutzen Family Theatre Policies 1. Host F.W.C.P.A. and get feedback from user groups concerning the facility, policies and pricing Timeline: March, 2001 Lead: ?????? Bo Develop on-going advocacy with the Council on facility needs. 1. Update Council Committee on facility schedules and needs. Timeline: Attend Council Committee Quarterly Lead: Joann Piquette Co Update informational Arts Commission brochure Timeline: Print in February, 2001 Lead: Ted Nelson, Allan Smith Do Publish bi-annual newsletter: Timeline: Spring-Summer Edition mailed in March, 2001 Fall~Winter Edition mailed in September, 2001 Lead: Ted Nelson E° Attend Chamber meetings and bring promotional items for display. Timeline: Monthly as scheduled. Lead: Joann Piquette Sponsor a seminar at KFT for emerging visual artists on entering and submitting artworks professionally. Timeline: April, 2001 Lead: Jung Ho Klm, Iris Marshall Update the Arts Commission informational slide program and develop a compatible version for the City's web pages. Timeline: March, 2000 Lead: Joann Piquette, Allan Smith Submit information for the cultural calendar page on a quarterly schedule. Timeline: Quarterly to coincide with production of Recreation Brochure. Lead: Joann Piquette Programs Committee Sponsor King County Performance Network Events at the Knutzen Family Theatre. Assist w/promotions, ticket sales, ushering. Timeline: 5 Concerts to be held Feb-March 2001 Lead: Allan Smith Host reception with Contract for Services Recipients and City Council. Timeline: March, 2001 Lead: Lorene Fortini Red, White and Blues Festival: 1. Review and develop new ideas for Artists in Action area. Timeline: Finalized by April, 2001 Lead: Allan Smith, Donna Welch 2. Develop the idea of an integrated public art project at the event. Timeline: Artists selected and ideas finalized by March, 2001. Contact: ???? City of Federal Way Arts Commission 2001 Work Plan 2002 Contract for Services Program. 1. Develop Update application guidelines. Timeline: Programs Committee review June, 2001 Lead: Jackie Peterson 2. Publish new guidelines. Timeline: August 2001 Lead: Staff 3. Review applications, make recommendations for funding to Commission. Timeline: Review applications in October, approve at Commission Meeting in October Lead: Jackie Peterson Continue involvement and fundi ng support of the Summer Sounds on the Beach Concert Series. Schedule Commission members to attend Concerts. Timeline: Summer, 2001 Lead: Lona Bostic, Fran Veiling Develop a format for a new event to be held in the City business center. 1. Host a brainstorming breakfast meeting with business and community members. Timeline: February, 2001 Lead: Allan Smith 2. Create a event ad-hoc committee to develop the event and budget. Timeline: March-April, 2001 Lead: Allan Smith 3. Present draft event proposal to Arts Commission/Council. Timeline: June, 2001 Lead: Allan Smith 4. Prepare budget information for 2002 budget. Timeline: July, 2001 Lead: Allan Smith Cultural Plan Update A small group of Arts Commissioners and members who served on the first Cultural Planning Committee will review the current plan, update and recommend a process for developing a new Cultural Plan. Timeline: Focus group will review the existing Plan in August-October Updated plan presented to Commission November Commission meeting. Lead: Allan Smith MEETING DATE: March 6, 2001 ITEM# CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: 2001 CDBG Revised Contingency Plan CATEGORY: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt: $ ContingencyReqd: $ N/A ATTACHMENTS: A memo to the Parks, Recreation, Human Services, and Public Safety (PRHSPS) Committee dated February 5, 2001. A copy of the proposed revision is included in a strike-out/underline format. SUMMARY/BACKGROUND: With the passage of the federal budget, the final grant amount for the 2001 Community Development Block Grant (CDBG) program was determined on November 29, 2000. The final share included additional amounts available for capital projects, public service programs and planning and grant administration. The CDBG Contingency Plan (adopted with the 2001 CDBG awards on September 5, 2000) will be used to disperse additional funds. The Human Services Commission reviewed the Contingency Plan on January 22,2001 and recommends revising the Plan to eliminate the Request for Proposals provision for funds available for capital projects. Funds would instead be allocated to the City's first-time homebuyer program with additional funds carried over to the 2002 allocation cycle (scheduled to begin March 20, 2001). This recommendation is made primarily to avoid the complication and confusion of multiple and overlapping grant allocation processes for 2001 and 2002 CDBG funds. CITY COUNCIL COMMITTEE RECOMMENDATION: At the February 21, 2001 Parks, Recreation, Human Services, and Public Safety (PRHSPS) Committee meeting, the committee voted unanimously to forward the following recommendalion to the City Council - The Committee recommends approval of the 2001 Community Development Block Grant Revised Contingency Plan, as presented by the Human Services Commission. CITY MANAGER RECOMMENDATION: Motion to approve the Council Committee recommendation revising the 2001 Community Development Block Grant Contingency Plan. .... ............... ................................................................................. (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NOACTION COUNCIL BILL # ORDINANCE # RESOLUTION # i:~agndailm\00¢ouncl\cc09-1 .doc Item 5.D CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY COMMITTEE Date: From: Via: Subject: February 5, 2001 Camron Pa, r.,~~DB~G. Coordinator David Mos~anafler ~ 2001 CDBG Contingency Plan ROvision Background On July 17, 2000, th~ Human Services Commission set their recommended funding and contingency plan for 2001 Community Development Block Grant (CDBG) projects and programs. This recommendation was approved as presented by the PRHSPS Committee on August 7, 2000. On August 21, the revised grant estimate for 2001 was received from King County. The revised share added $100,961 to the amount available for capital projects (this was due to an abnormally high number of home repair loans that were paid back during the previous year). The contingency plan established by the Commission and approved by the Committee was used to allocate the additional grant funds. All agencies that applied for capital projects were awarded their requested amounts. With all capital projects funded, there still remained $34,735 unallocated. To address this unallocated amount, the Contingency Plan set a trigger of $50,000 of additional funds. If additional funds stayed below the level, they would be awarded to the FirstHomes first-time homebuyer program. If additional funds'exceeded this level, then FirstHomes would maintain their $100,000 request and all additional funds would be bundled into a separate Request for Proposals (RFP) for new eligible capital projects to be released in January 2001. Since the additional unallocated funds totaled $34,735, this amount was tentatively awarded to the FirstHomes program (bringing their award amount to $100,000 plus $34,735 in additional funds). At that time, the possibility of receiving additional funds beyond this amount were believed to be minimal. With the passage of the federal budget, the final grant amount was determined on November 29, 2000. The final share included an additional $21,856 available for capital projects, $4,122 for public service programs, and $1,507 for planning and administrative costs. These amounts, factoring in the. S34,735 in previous additional capital funds, exceeds $50,000 and triggers the capital project RFP process. Following the Contingency Plan, FirstHomes would receive their full request of $100,000 and a new capital project would be sought with the additional funds. The total additional funds are $34,735 and $21,856 in capital funds, plus $1,737 in additional public service and planning and administration funds that are transferred to the Capital Project line as per the Contingency Plan. The total sum i§ $58,328. Proposed Revision At their January 22, 2001 meeting, the Human Services CommisSion voted to recommend revising the current Contingency Plan. A copy of the proposed revision is included with this packet in a strike-out/underline format. The revision is proposed for the following reasons: · Agencies will begin preparing for the 2002 CDBG allocation in March 2001. To release a separate RFP for 2001 CDBG funds would overlap our 2002 process. This would result in confusion and multiple application preparation for potential applicants. · While the trigger of $50,000 was reached, it was only exceeded by $8,328. · With Human Services staff and the Commission releasing and reviewing a separate RFP for domestic violence services (with human services general fund), it would be difficult to schedule time for a 2001 CDBG RFP. Under the proposed revision, the RFP process would be eliminated. Additional funds would be granted to the FirstHomes Program bringing their total grant to $150,000 and all remaining funds ($8,328) would be carried over to 2002. This recommendation is consistent with the intent of the Contingency Plan in allocating additional funds to FirstHomes. There has been a strong demand in the community for this program (a total of $150,000 in CDBG funds was awarded to the program in 1998 and 1999 -it has all been dispersed to twelve new homeowners). As an added benefit, all funds given to this program will be matched by King County. If you have any questions about the proposed revision, please contact me at camronp~fedway.org or by phone at (253) 661-4153. Committee Recommendation The Committee recommends approval of the 2001 Community Development Block Grant Revised Contingency Plan, as presented by the Human Services Commission. This recommendation is forwarded to the full City Council for consideration at the March 6, 2001 meeting. The Committee recommends approval of the 2001 Community Development Block Grant Revised Contingency Plan, as presented by the Human Services Commission and modified by the Committee. This recommendation is forwarded to the full City Council for consideration at the March 6, 2001 meeting. CiTY OF FEDERAL WAY 2001 CDBG CON'I' NGENCY PLAN The allocation process for year 2001 Community Development Block Grant (CDBG) funds is based upon an estimate of what funds will be available that year. The City will not be informed of its exact grant amount until December 2000. For this reason, the allocation process includes a contingency plan. The plan allows for adjustment up or down based upon the final grant amount. SHOULD THE GRANT AMOUNT INCREASE OR ADDITIONAL FUNDS BECOME AVAILABLE: Capital Projects :> Any additional funds will be allocated to (1) Hearing, Speech and Deafness Center- Mixed Use Office Building to the requested level of $10,000, then to (2) Oxford House - Clean and Sober Transitional Housing to the requested level of $20,000, then to (3) Senior Services - Mixed Use Office Building to the requested level of $15,000, then to (4) Federal Way Community Caregiving network, FUSION - Transitional Housing to the requested level of $125,000. Additional funds, if under $50,000 in total, will be allocated to HomeSight - First Time Homebuyer Program. If additional funds are in excess of $50,000, funds will be gh /DED\ .,~,.o,.,,~ +,..~ ,..,,i~,., ,.. ,,.,,;,.,.,..,,t.,,.,,~ throu '- Request for Propos3!s, .... , precess carried over to the 2002 CDBG program year. Public Service Programs > Any additional funds will be allocated to the South King County Multi-Service Center- CARES Child Care Subsidy Program to the requested level or $52,247, with any additional funds allocated to capital projects in accordance with the priority order listed above. Planning and Administration Activities > Any additional funds for planning and administration activities will be allocated to capital projects in accordance with the priority order listed above. SHOULD THE GRANT AMOUNT DECREASE: Capital Projects ~, Decreases will first be made to HomeSight - First Time Homebuyer Program down to their requested amount of ,$100,000, if their award exceeds that amount. Additional decreases will be made to all capital projects, exclusive of South King County Multi-Service Center - Tall Cedars Renovation, in proportion to the percentage decrease in grant funds. Public Service Programs ~> Decreases will be made to all public service programs in proportion to the percentage decrease in grant funds. Planning and Administration Activities ;> Funding for consultant and purchased service activities will be decreased to their full extent before decreases are made to administrative activities. MEETING DATE: March 6, 2001 CITY OF FEDERAL WAY City COuncil AGENDA ITEM SUBJECT: 2001 Human Services One-Time Funding Recommendations CATEGORY: BUDGET IMPACT: None Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER ATTACHMENTS: 1) Memo to the Parks, Recreation, Human Services and Public Safety Council Committee dated 2/5/01 regarding the allocation of 2001 Human Services One-Time Funding, with two attachments - 2001-02 Human Services Funding Recommendations Summary and the original 2001-02 recommended contingency plan. SUMMARY/BACKGROUND: Each year, a small amount of one-time funding becomes available for allocation to human services providers. Sources of the 2001 one-time funding are unspent human services contract funds and employee donations. The amount of one-time funding available for 2001 is $12,000. Staff has requested to carry forward the unspent contract funds and employee donations from 2000 into 2001 for use in human services contracts. Carry forward requests will be reviewed by the FEDRAC Committee on February 28, 2001 and by the full City Council on March 20, 2001. Allocation of the 2001 one-time human services funding is contingent upon Council approval of carrying these funds into 2001. On January 22, the Human Services Commission reviewed two options for allocating 2001 one-time human services funding. The options were: 1) Use the Human Services Commission's recommendations for the $400,000 base funding and allocate the 2001 one-time funding to those programs that were not fully funded; and 2) Allocate the one-time funding according to the original 2001-02 contingency plan, which assumed that the $400,000 base plan would be fully funded. The Human Services Commission recommended Option 1. See attached memo for details. CITY COUNCIL COMMITTEE RECOMMENDATION: The Parks, Recreation, Human Services and Public Safety Committee recommends approval of the 2001 Human Services one-time funding allocation plan in Option 1, as recommended by the Human Services Commission. CITY MANAGER RECOMMENDATION: Motion to approve the Council Committee's recommendation to use Option 1 for allocating 2001 Human Services one-time funding as outlined in the attached memorandum. APPROVED FOR INCLUSION IN COUNCIL PACKET' ~/~~. ~ (BELOW TO BE COMt~LETED BY CITYN~CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # Item 5.E CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES AND PUBLIC SAFETY COMMITTEE Date: From: Via: Subject: February 5, 200'1 Ann Guen,th..~.~u~n~an Services Manager ~ David M o~elel~//'i~'lVla n a g e r 200'1 Human Sbf'vices One-Time Funding Recommendations Back~round Each year, a small amount of one-time funding becomes available for allocation to human services providers. Sources of the 2001 one-time funding are unspent human services contract funds and employee donations. The amount of one-time funding available for 2001 is $12,000. Staff has requested to carry forward the unspent contract funds and employee donations from 2000 into 2001 for use in human services contracts. The City Council is scheduled to review carry forward requests on March 6, 2001. Allocation of the 2001 one-time human services funding is contingent upon Council approval of carrying these funds into 2001. At their January 22, 2001 meeting, the Human Services Commission reviewed options for allocating the 2001 one-time human services funding. This memo outlines two options and presents the Commission's recommendation. The Committee is asked to review the options and forward your recommendation for allocating one-time human services funding to the City Council for approval on March 6, 2001. Allocation Options Option '1 - Use the Human Services Commission's recommendations for the $400,000 base funding (Plan B) and allocate the 2001 one-time funding to those programs that were not fully funded. Plan B represents the highest priorities for funding developed and recommended by the Commission. The total unfunded portion of Plan B is $20,500. Since the one-time funding available for 2001 is $12,000, the projects would be funded in priority order until the one-time funds are allocated. In the case below, projects one thru four would be funded (totaling $11,500) and the balance of $500 would be carried into 2002. (For details, see Attachment 1 .) 2001-02 Human Services Commission Recommendations Plan B - Unfunded Portions (Prioritized by the Commission on 1/22/01) Agency/Program Council Goal (#)* 1) Catholic Comm. Svcs., After-Hours Voucher (1) 2) Catholic Comm. Svcs., Vol. Chore (3) 3) ElderHealth Northwest (3) 4) KC Sexual Assault Resource Ctr (2) 5) Children's Therapy Center (3) 6) Domestic Violence Advocacy (2) TOTAL Plan B 2001 Allocation Unfunded Portion $ 5,000 $ 3,500 $ 3,000 $ 1,000 $ 3,000 $ 0 $30,000 $25,OOO $ 4,000 $ 0 $32,000 $27,000 $1 500 $ 2 000 $ 3 000 $ 5 ooo $ 4 000 $ 5 000 $20 5OO Independence, and 4) Strong Neighborhoods. Option 2 - Allocate the one-time funding according to the prioritized 2001-02 Contingency Plan. During the 2001-02 Human Services General Funding allocation process, the Commission presented a contingency plan to the City Council to be used for additional funds that become available. At the time the contingency plan was developed, it assumed that Plan B for the $400,000 base funding would be fully funded. The chart below outlines the Contingency Plan's first four priorities for additional funding totaling $16,400. The projects would be funded in priority order until the $12,000 in one-time funds is allocated. In the case below, projects two and three would be funded and project four would receive partial funding of $5,600. (For details, see Attachment 2.) 2001-02 Human Services Commission Recommendations Contingency Plan (Prioritized Order) Agency/Program Contingency Plan 2001 Allocation Unfunded Portion 1) Auburn Youth Resources~ $10,000 $10,000 $ 0 2) Korean Women's Association $10,000 $ 5,000 $ 5,000 3) Behavioral Sciences Institute $ 4,400 $ 3,000 $1,400 4) Auburn Youth Resources2 $10,000 $ 0 $10,000 ............................................ ........... 1,2 - Auburn Youth Resources requested a total of $20,000 and the allocation was recommended in two installments with different priorities. Human Services Commission Recommendation The Human Services Commission recommends Option 1, which is to use the Human Services Commission recommendations for the $400,000 base funding (Plan B) and allocate additional funding to those programs that were not fully funded. This option is consistent with the Commission's intentions of the original recommendations. Plan B represents the Commission's highest priorities for funding. I will be at your February 12th meeting to present these recommendations and answer any questions you may have. If you have any questions before the meeting, please call me at (253) 661-4039. Committee Recommendation Move to approve the 2001 Human Services one-time funding recommendations Option 1, as recommended by the Human Services Commission. Forward to the full City Council for approval on March 6, 2001. Move to approve the 2001 Human Services one-time funding recommendations, Option 2. Forward to the full City Council for approval on March 6, 2001. i:\councilr~2001one-timefunding2 A'I-I-ACHMENT 2 2001-02 HUMAN SERVICES GENERAL FUND RECOMMENDED CONTINGENCY PLAN The Commission's recommended funding package totals $451,500. The Commission recommends this amount to address increasing human service needs in the City of Federal Way (Plan A). However, the CommiSsion recognizes the Human Services Fund is currently budgeted at a level of $400,000. For this reason, the Commission has prepared a recommended reduction plan (Plan B) to accommodate a final amount less than the recommended Plan A level. - SHOULD THE TOTAL GRANT AMOUNT DECREASE Should changes to the Plan A level be necessary, reductions should be made in the following pdodty order: ~ Agency/Program 1. ACAP APPLE Parenting "2. Catholic Community Services After-Hours Voucher Program 3. Senior Services Meals on Wheels 4. Senior Services Volunteer Transportation 5. FW Community Caregiving Network Emergency Shelter 6. Auburn Youth Resources FW Teen Drop-In Center (1) 7. Behavioral Sciences Institute PACT/Counseling 8. Korean Women's Association DV Counseling and Intervention 9. Aubum Youth Resources FW Teen Drop-In Center (2) Reduced by for a New Tot, al of $5,000 $446,500 $2,000 $444,500 $3,000 $441,500 $2,100 $439,400 $5,000 $434,400 $10,000 $424,400 $4,400 $420,000 $10,000 $410,000 $10,000 $400,000 SHOULD ADDTr[ONAL FUNDS BECOME AVA[tABLE: If the final allocation is less than the Commission's Plan A recommendation, and additional funds become available dudng the 2001-2002 biennium, this plan should be used in reverse order to fund programs up to the Plan A level. Should funds become available in excess of $451,500, the Commission will prepare a revised contingency plan recommendation at that time. MEETING DATE: March 6, 2001 CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: City of Fife Jail Interlocal Agreement CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: Memo from ChiefKirkpatrick to the Parks, Recreation, Human Services & Public Safety Committee regarding the City of Fife Jail Interlocal Agreement, and the draft of the Interlocal Agreement between the City of Federal Way and City of Fife. SUMMARY/BACKGROUND: Pursuant to the Interlocal Cooperation Act as governed by RCW Chapter 39.34.080, the City of Federal Way Department of Public Safety requests approval to enter into an Interlocal Agreement with the City of Fife for a cooperative effort to provide Federal Way Department of Public Safety with cost-effective housing of inmates in the Fife Jail. The purpose of this Agreement is to set forth the terms and conditions by which the City of Fife will provide the Federal Way Department of Public Safety a place of confinement for the incarceration of Federal Way inmates. Fife will provide a minimum of 10 beds per day and shall accept and house a minimum of 10 Federal Way inmates per day. Fife also agrees to make additional beds n excess of 10 available to Federal Way on a "first come, first served" or "space available" basis. The term set forth will begin April 2001 (specific date yet to be determined) and end December 31, 2002 with options to renew automatically for like terms and conditions or terminate this Agreement as outlined in Section 17. This Agreement also outlines other specific concerns relevant to mutual expectations and responsibilities. With the estimated 40% increase to the King County Jail billings over the past 24 months, the Department is exploring several proactive strategies to reduce jail costs. The benefits realized by this new venture would afford City of Federal Way an opportunity to build a favorable relationship between the Department of Public Safety and the Fife Jail and allow the Department to accomplish one of its objectives to reduce jail costs. Fife agrees to accept compensation in the amount of $63.00 per bed/inmate per day and to make any contracted bed not used by Federal Way available for use by other agencies at a minimum charge of $63.00 per bed/inmate per day, and all amounts received from such other agencies will be credited to Federal Way's bill. Both Municipalities agree that Fife will not charge a separate booking fee. CITY COUNCIL COMMITTEE RECOMMENDATION: At the February 21,2001 meeting the Parks, Recreation, Human Services and Public Safety Committee recommended that the proposed City of Fife Interlocal Jail Agreement be forwarded to the City Council for consideration at the March 6, 2001 meeting. CITY MANAGER RECOMMENDATION: Motion to authorize the City Manager to sign the Agreement. APPROVED FOR INCLUSION IN COUNCIL PACKET: ~ \~ ] '~ X~ (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1 st Reading Enactment Reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY DEPARTMENT OF PUBLIC SAFETY DEPARTMENT Item 5.F Date: February 12, 2001 To: From: Via: Subject: Parks, Recreation, Human services & Public Safety Council Committee Anne Kirkpatrick, Clef of Police~. ~./['Q'- David Mo~ey~C~ Manflger City of Fife Jail Ihterlocal Agreement Background: Pursuant to the Interlocal Cooperation Act as governed by RCW Chapter 39.34.080, the City of Federal Way Department of Public Safety requests approval to enter into an Interlocal Agreement with the City of Fife for a cooperative effort to provide Federal Way Department of Public Safety with cost-effective housing of inmates in the Fife Jail. The purpose of this Agreement is to set forth the terms and conditions by which the City of Fife will provide the Federal Way Department of Public Safety a place of confinement for the incarceration of Federal Way inmates. Fife will provide a minimum of 10 beds per day and shall accept and house a minimum of 10 Federal Way inmates per day. Fife also agrees to make additional beds in excess of 10 available to Federal Way on a "first come, first served" or "space available" basis. The term set forth will begin February 2000 (specific date yet to be determined) and end December 31,2002 with options to renew automatically for like terms and conditions or terminate this Agreement as outlined in Section 17. This Agreement also outlines other specific concerns relevant to mutual expectations and responsibilities. With the estimated 40% increase to the King County Jail billings over the past 24 months, the Department is exploring several proactive strategies to reduce jail costs. The benefits realized by this new venture would afford City of Federal Way an opportunity to build a favorable relationship between the Department of Public Safety and the Fife Jail and allow the Department to accomplish one of its objectives to reduce jail costs. Fife agrees to accept compensation in the amount of $63.00 per bed/inmate per day and to make any contracted bed not used by Federal Way available for use by other agencies at a minimum charge of $63.00 per bed/inmate per day, and all amounts received from such other agencies will be credited to Federal Way's bill. Both Municipalities agree that Fife will not charge a separate booking fee. Attached is the draft for an Interlocal Agreement between the City of Federal Way and City of Fife. Committee Recommendation: Motion to approve and accept this request for an Interlocal Agreement between City of Federal Way and City of Fife for the housing of inmates (jail services), and forward to full Council for consideration at its February 20, 2001 meeting. APPROVAL OF COMMITTE..F~PORT; g/ommittee ~hair ~mmittee Member Committee Member INTERLOCAL AGREEMENT BETWEEN THE CITY OF FIFE, WASHINGTON AND THE CITY OF FEDERAL WAY, WASHINGTON, FOR THE HOUSING OF INMATES IN THE FIFE JAIL THIS INTERLOCAL AGREEMENT is made and entered into on this day of ., 2001 by and between the City of Federal Way, Washington, a Washington municipal corporation, and the City of Fife, Washington, municipal corporation, each party having been duly organized and now existing under the laws of the State of Washington. WITNESSETH: WHEREAS, the Chief of Police for the City of Fife (hereinafter "Fife") is authorized by law to have charge and custody of the City of Fife Jail (hereinafter "Fife Jail"); and WHEREAS, the City Manager for the City of Federal Way (hereinafter "Federal Way") is authorized by law to have charge and custody of Federal Way prisoners or inmates; and WHEREAS, Federal Way wishes to designate the Fife Jail as a place of confinement for the incarceration of one or more inmates lawfully committed to its custody; and WHEREAS, Fife desires to accept and keep in its custody such inmate(s) in the Fife Jail for a rate of compensation mutually agreed upon by the parties hereto; and WHEREAS, RCW 39.34.08 and other Washington law, as amended, authorizes any city to enter into an interlocal agreement to permit another city to perform any governmental service, activity or undertaking which either city is authorized by law to perform; and WHEREAS, the governing bodies of each of the parties hereto have determined to enter into this Agreement as authorized and provided for by RCW 39.34.080 and other Washington law, as amended; NOW, THEREFORE, in consideration of the above and foregoing recitals, the payments to be made, the mutual promises and covenants herein contained, and for other good and valuable consideration, the parties hereto agree as follows: 1. JAIL AVAILABILITY Fife shall make available for Federal Way prisoners a minimum of ten (10) beds per day, and shall accept and house a minimum often (10) Federal Way inmates per day. Fife also agrees to make additional beds in excess of ten (10) available to Federal Way on a "first come, first served" or "space available" basis. Interlocal Agreement Between City of Fife/City of Federal Way 1 02/27/2001 2. COMPENSATION (a) Rates. The cost of Fife's care of all Federal Way inmates herein shall be $63.00 per day, per bed/inmate. The parties agree that Fife will not charge a separate booking fee in addition to such rate. (b) Minimum Charge. The City of Federal Way agrees to commit to and pay for ten (10) beds per day, at the rate set forth in Section 2(a) above. Fife shall make any contracted bed not used by Federal Way available for use by other agencies at a minimum charge of $63.00 per bed per day, and all amounts received from such other agencies will be credited to Federal Way's bill as set forth in Section 2(c) below. (c) Billing and payment. Fife agrees to provide Federal Way with an itemized bill listing all names of inmates who are housed, the case/citation number, the number of days housed (including the date and time of booking and date and time of release), and the dollar amount due for each. The bill shall reflect the minimum charge provided for in Section 2(b) above, and charges for any inmates in excess of ten (10) inmates per day (under Section 1 above), less credit for all income received by Fife from other agencies for their use of the Federal Way's ten (10) contracted beds as provided for in Section 2 (b) above. Fife agrees to provide said bill by the l0th of each month. Federal Way agrees to make payment to Fife within thirty (30) days of receipt of such bill for the amount billed for the previous calendar month. 3. DURATION OF INMATE STAY/TYPES OF INMATES (a) Duration of Inmate Stay. The parties agree that the maximum length of stay per inmate, including pre- and post-trial, may not exceed 30 calendar days. (b) Types of Inmates accepted by Fife Jail. Fife will not accept female prisoners for booking into the Fife Jail until such time that Fife equips the Fife Jail to accommodate female prisoners. Federal Way may not book violent felons into the Fife Jail. "Violent felon" is defined as any person being held for suspicion, warrant, or arrest for any felony crime against a person. Federal Way may book nonviolent felons for a one-night stay provided that Federal Way transports any such nonviolent felons the following day to another jail facility. At the time a person is presented to the Fife jail for booking by a Federal Way officer, the Fife corrections staff will make a determination if the suspect and/or prisoner will be accepted for booking. Persons injured, extremely ill, or exhibiting behavior that presents an obvious danger to the staff or other prisoners will not be accepted. 4. RIGHT OF INSPECTION Federal Way shall have the right to inspect, at all reasonable times, all of the Fife Jail in which Federal Way's inmates are confined in order to determine if such jail maintains standards of confinement acceptable to Federal Way and that such inmates therein are treated equally regardless of race, religion, color, creed or national origin; provided, however, that Fife shall be lnterlocal Agreement Between City of Fife/City of Federal Way 02/27/2001 obligated to manage, maintain and operate its facilities consistent with all applicable federal, state and local laws and regulations. 5. FURLOUGHS, PASSES, AND WORK RELEASE Fife agrees that no early releases or alternatives to incarceration, including furloughs, passes, work crews, electronic home detention, or work release shall be granted to any inmate housed pursuant to this Agreement without written authorization by the committing court. 6. INMATE ACCOUNTS Fife shall establish and maintain an account for each inmate received from Federal Way and shall credit to such account all money which is received and shall make disbursements, debiting such accounts in accurate amounts for the inmate's personal needs. Disbursements shall be made in limited amounts as are reasonably necessary for personal maintenance. The Chief of Police for Fife shall be accountable to Federal Way for such inmate funds. At either the termination of this Agreement, the inmate's death, or return to either Federal Way or indefinite release to the court, the inmate's money shall be transferred to the inmate's account in care of Federal Way. Upon release from incarceration, Fife shall return any remaining money to the prisoner. 7. RESPONSIBILITY FOR OFFENDER'S CUSTODY It shall be the responsibility of Fife to confine the inmate or inmates; to provide treatment, including the furnishing of subsistence and all necessary medical and hospital services and supplies; to provide for the inmates' physical needs; to make available to them programs and/or treatment consistent with the individual needs; to retain them in said custody; to supervise them; to maintain proper discipline and control; to make certain that they receive no special privileges and that the sentence and orders of the committing court in the State are faithfully executed; provided that nothing herein contained shall be construed to require Fife, or any of its agents, to provide treatment, facilities or programs for any inmates confined pursuant to this Agreement, which it does not provide for similar inmates not confined pursuant to this Agreement. 8. MEDICAL SERVICES (a) Inmates from Federal Way shall receive such medical, psychiatric and dental treatment as may be necessary to safeguard their health while housed in the Fife Jail and shall notify Federal Way prior to any consultation for non-emergency outside services. Fife shall provide or arrange for the providing of such medical, psychiatric and dental services. Except for in-house routine minor medical services, Federal Way shall pay directly or reimburse Fife for all costs associated with the delivery of any emergency and/or major medical service provided to Federal Way inmates. (b) An adequate record of all such services shall be kept by Fife for Federal Way's review at its request. Any medical or dental services of major consequence shall be reported to Federal Way as soon as time permits. lnterlocal Agreement Between City of Fife/City of Federal Way 3 02/27/2001 (c) Should medical or dental services require hospitalization, Federal Way agrees to compensate Fife dollar for dollar any amount expended or cost incurred in providing the same; provided that, except in emergencies, Federal Way will be notified by contacting Federal Way's Public Safety Department Watch Commander at (253) 661-4600 prior to the inmate's transfer to a hospital and nothing herein shall preclude Federal Way from retaking the ill or injured inmates. 9. DISCIPLINE Fife shall have physical control over and power to execute disciplinary authority over all Federal Way inmates. However, nothing contained herein shall be construed to authorize or permit the imposition of a type of discipline prohibited by the Laws of the State of Washington. 10. RECORDS AND REPORTS Fife shall keep all necessary and pertinent records concerning Federal Way inmates in the manner mutually agreed upon by the parties hereto. During an inmate's confinement in the Fife Jail, Federal Way shall upon request be entitled to receive and be furnished with copies of any report or record associated with said inmate(s) incarceration. 11. REMOVAL FROM THE JAIL A Federal Way inmate legally confined in the Fife Jail shall not be removed therefrom by any person without written authorization from Federal Way or by order of any court having jurisdiction. Fife agrees that no early releases or alternatives to incarceration, including furloughs, passes, work release, work crews or electronic home detention shall be granted to any inmate without written authorization from the committing court. This paragraph shall not apply to an emergency necessitating the immediate removal of the inmate for medical, dental, psychiatric treatment or other catastrophic condition presenting an eminent danger to the safety of the inmate or to other inmates or Fife Jail personnel. In the event of any such emergency removal, Fife shall inform Federal Way of the whereabouts of the inmate or inmates so removed, at the earliest practicable time, and shall exercise all reasonable care for the safekeeping and custody of such inmate or inmates. 12. ESCAPES In the event any Federal Way inmate shall escape from Fife's custody, Fife will use all reasonable means to recapture the inmate. The escape shall be reported immediately to Federal Way. Fife shall have the primary responsibility for and authority to direct the pursuit and retaking of the inmate or inmates within its own territory. Any cost in connections therewith shall be chargeable to and borne by Fife; however, Fife shall not be required to expend unreasonable amounts to pursue and return inmates from other states or other countries. Interlocal Agreement Between City of Fife/City of Federal Way 02/27/2001 13. DEATH OF AN INMATE (a) In the event of the death of a Federal Way inmate, the Pierce County Coroner shall be notified. Federal Way shall receive copies of any records made at or in connection with such notification. (b) Fife shall immediately notify Federal Way of the death of a Federal Way inmate, furnish information as requested and follow the instructions of Federal Way with regard to the disposition of the body. The body shall not be released except on written order of the appropriate officials of Federal Way. Written notice pertaining to the release shall be provided within three weekdays of receipt by Federal Way of notice of such death. All expenses relative to any necessary preparation of the body and shipment charges shall be paid by Federal Way. With Federal Way's consent, Fife may arrange for burial and all matters related or incidental thereto, and all such expenses shall be paid by Federal Way. The provisions of this paragraph shall govern only the relations between or among the parties hereto and shall not affect the liability of any relative or other person for the disposition of the deceased or for any expenses connected therewith. (c) Federal Way shall receive a certified copy of the death certificate for any of its inmates who have died while in Fife's custody. 14. REMOVING OF INMATES Upon request from Fife, Federal Way shall, at its expense, remove any Federal Way inmate within (4) hours after receipt of such request. In the event the confinement of any Federal Way inmate is terminated for any reason, Federal Way shall, at its expense, retake such inmate at the Fife. 15. GOVERNING LAW The parties hereto agree that, except where expressly otherwise provided, the laws and administrative rules and regulations of the State of Washington shall govern in any matter relating to an inmate(s) confined pursuant to this Agreement. 16. DURATION This Agreement shall enter into full force and effect from April, 2001, specific date to be determined, and end December 31, 2002, subject to earlier termination as provided by Section 17 herein. This Agreement shall be renewed automatically for like successive periods under such terms and conditions as the parties may determine. Nothing in this Agreement shall be construed to require Federal Way to house inmates in the Fife Jail continuously. Inteflocal Agreement Between City of Fife/City of Federal Way 5 02/27/2001 17. TERMINATION (a) By either party. This Agreement may be terminated by written notice from either party to the other party delivered by regular mail to the contact person identified herein, provided that termination shall become effective sixty (60) working days after receipt of such notice. Federal Way agrees to remove any inmate(s) from the Fife Jail by the close of said sixty (60) day notice period. (b) By Federal Way due to lack of funding. The obligation of Federal Way to pay Fife under the provision of this Agreement beyond the close of the current fiscal year (December 31, 2001) is expressly made contingent upon the appropriation, budgeting availability of sufficient funds by Federal Way. In the event that such funds are not budgeted, appropriated or otherwise made available for the purpose of payment under this Agreement at any time after December 31, 2001, then Federal Way shall have the option of terminating the Agreement upon written notice to Fife, except that all services provided to that point shall be compensated at the agreed rate. The termination of this Agreement for this reason will not cause any penalty to be charged to the Federal Way. (c) In the event of termination of this Agreement for any reason, Federal Way shall compensate Fife for prisoners housed by Fife after notice of such termination until Federal Way retakes its inmates. Compensation shall be paid in the same manner and at the same rates set forth under Section 2, just as if this agreement had not been terminated. 18. MAILING ADDRESSES All notices, reports, and correspondence to the respective parties of this Agreement shall be sent to the following: City of Fife: City of Fife 3737 Pacific Hwy. E. Fife, WA 98424-2681 Contact Person: James M. Paulson, Chief of Police City of Federal Way: Contact Person: City of Federal Way City Manager's Office P.O. Box 9718 Federal Way, WA 98063-9718 David H. Moseley, City Manager Interlocal Agreement Between City of Fife/City of Federal Way 6 02/27/2001 19. HOLD HARMLESS AND INDEMNIFICATION Fife will assume the liability for the custody and care of Federal Way prisoners once they are in the custody of Fife. Fife shall defend, indemnify and hold Federal Way, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including reasonable attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of Federal Way. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of Fife and Federal Way, its officers, officials, employees, and volunteers, Fife's liability hereunder shall be only to the extent of Fife's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes Fife's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 20. MISCELLANEOUS (a) Fife shall have the right to refuse to accept more than twelve inmates from Federal Way when, in the opinion of Fife, its inmate census is at capacity or so near capacity that there is a substantial risk that, through usual operation of the jail, the reasonable operational capacity limits of the jail might be reached or exceeded. (b) Fife shall further have the right to refuse to accept any inmate from Federal Way who, in the judgment of Fife, has a current illness or injury which may adversely affect the operations of the Fife Jail, has a history of serious medical problems, presents a substantial risk of escape, or presents a substantial risk of injury to other persons or property. (c) Federal Way prisoners incarcerated in the Fife Jail pursuant to this Agreement shall be transported to Fife by and at the expense of Federal Way and shall be returned, if necessary, to Federal Way by Federal Way personnel and at Federal Way's expense. Fife is not responsible for transportation of Federal Way prisoners under this Agreement and shall be reimbursed by Federal Way for any actual expenses incurred in transport of an inmate if, in fact, transportation of an inmate by Fife becomes necessary. (d) In providing services under this contract, Fife is an independent contractor and neither it nor its officers, agents or employees are employees of Federal Way for any purpose, including responsibility for any federal or state tax, industrial insurance or Social Security liability. Neither shall the provision of services under this Agreement give rise to any claim of career service or civil service rights, which may accrue to an employee of Federal Way under any applicable law, rule or regulation. Interlocal Agreement Between City of Fife/City of Federal Way 7 02/27/2001 IN WITNESS WHEREOF, the above and foregoing Agreement has been executed in duplicate by the parties hereto and made effective on the day and year first above written: CITY OF FEDERAL WAY CITY OF FIFE By DAVID H. MOSELEY, City Manager JOE HANNAN, City Manager JAMES M. PAULSON, Chief of Police ATTEST: ATTEST: N. Christine Green, CMC, City Clerk Lynne Goodman, City Clerk-Treasurer DATED: DATED: Approved as to Form: Approved as to Form: Bob C. Sterbank, City Attorney Loren Combs, City Attorney K:klnterlclklail Services Agmt Fife Final 2/27/01 Interlocal Agreement Between City of Fife/City of Federal Way 8 02/27/2001 MEETING DATE: March 6, 2001 CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: First Amendment to the Chelan County Regional Jail Interlocal Agreement CATEGORY: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: Memo from ChiefKirkpatrick to the Parks, Recreation, Human Services & Public Safety Committee regarding the First Amendment to the Chelan County Regional Jail Interlocal Agreement, and the final draft of the First Amendment to the Interlocal Agreement between the City of Federal Way and Chelan County. SUMMARY/BACKGROUND: Effective July 31,2000, the Department of Public Safety entered into an Interlocal Agreement with Chelan County for a cooperative effort to provide the Federal Way Department of Public Safety with cost-effective housing of in-mates in the Chelan County Regional Jail. Chelan County agreed to perform one (1) transport per week from both the King County Correctional Facility and the Regional Justice Center, and accept and house City inmates for compensation per day per inmate at a rate of $56.00, this includes classification 2 prisoners. Women are to be included at a rate of $60.00 per day. The parties agreed that Chelan County would not charge a separate booking fee. This Agreement also outlined other specific concerns relevant to mutual expectations and responsibilities and expires December 31, 2001. The Department is requesting authorization to amend two (2) sections in this Interlocal Agreement. l) Duration, Section 2 - To amend and include verbiage stating that the City agrees, prior to sending City prisoners to a jail outside King or Pierce counties, the City will first contact Chelan County to offer Chelan County the opportunity to accept City prisoners should space be available. 2) Compensation, Section 5(a) - To amend the compensation rate to $48.00 per day per inmate, regardless of gender. Bookings will remain a no charge cost. CITY COUNCIL COMMITTEE RECOMMENDATION: At the February 21,2001 meeting, the Parks, Recreation, Human Services and Public Safety Committee Meeting recommended that the proposed Amendment to the Chelan County Interlocal Agreement be forwarded to City Council for consideration at the March 6, 2001 meeting. CITY MANAGER RECOMMENDATION: : Motion to authorize the City Manager to sign the amendment to the agreement. ~-~ ~f~ APPROVED FOR INCLUSION IN COUNCIL PACKET: ~" (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # " Item 5.G CITY OF FEDERAL WAY DEPARTMENT OF PUBLIC SAFETY DEPARTMENT Date: To: From: Via: Subject: February 12, 2001 Parks, Recreation, Human Services & Public Safety Council Committee Anne Kirkpatrick, Chief of Police ~/. ~~ David Mos~nager First Amendment to the Chelan County Regional Jail Interlocal Agreement Background: Effective July 31, 2000, the Department of Public Safety entered into an Interlocal Agreement with Chelan County for a cooperative effort to provide the Federal Way Department of Public Safety with cost-effective housing of in-mates in the Chelan County Regional Jail. Chelan County agreed to perform one (1) transport per week from both the King County Correctional Facility and the Regional Justice Center, and accept and house City inmates for compensation per day per inmate at a rate of $56.00, this includes classification 2 prisOners. Women are to be included at a rate of $60.00 per day. The parties agreed that Chelan County would not charge a separate booking fee. This Agreement also outlined other specific concerns relevant to mutual expectations and responsibilities and expires December 31, 2001. The Department is requesting authorization to amend two (2) sections in this Interlocal Agreement. 1) Duration, Section 2 - To amend and include verbiage stating that the City agrees, prior to sending City prisoners to a jail outside King or Pierce counties, the City will first contact Chelan County to offer Chelan County the opportunity to accept City prisoners should space be available. 2) Compensation, Section 5(a) - To amend the compensation rate to $48.00 per day per inmate, regardless of gender. Bookings will remain a no charge cost. Committee Recommendation: Motion to approve and accept this request for amendment between the City of Federal Way and Chelan County for the housing of inmates, and forward to full Council for consideration at its February 20, 2001 meeting. APPROVAL OF COMMITT~ORT{~ ~,dmmittee Ch~ir CO~/mittee Mere/her Committee Member i/laura/m s/agenda/ps/02 ! 201/chelamen.doc FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN CHELAN COUNTY AND THE CITY OF FEDERAL WAY, FOR FOR THE HOUSING OF INMATES IN THE CHELAN COUNTY REGIONAL JAIL This First Amendment ("Amendment'') is dated effective this day of , 2001, and is entered into by and between the City of Federal Way, a Washington municipal corporation ("City"), and the Board of County Commissioners of Chelan County, Washington CChelan County").. A. The City and Chelan County entered into an Interlocal Agreement dated effective July 31,2000, whereby Chelan.County agreed to accept and keep in custody City prisoners in the Chelan County Regional Jail ("Agreement"). B. The City and Chelan County desire to amend the Agreemen.t to reduce rates charged for each inmate in exctiange for a commitment from the City giving Chelan County the first opportunity to house C~ty prisoners who the City determines are eligible for post-sentencing incarceration. NOW, THEREFORE, the parties agree to the following terms and conditions: 1. Duration. Section 2 of the Agreement shall be amended as follows: This Agreement shall enter into full force and effect from August 1,2000 and end December 31, 2001, subject to earlier termination as provided by Section 3 herein. This Agreement shall be renewed automatically for like successive periods under such terms and conditions as the parties may determine. Nothing in this Agreement shall be construed to require the City to house inmates in Chelan County continuously. The City agrees, that prior to sending Ci_ty prisoners to a jail outside of King or Pierce counties, the City will first contact Chelan County to offer Chelan County the opportunity to accept City prisoners into the Chelan County Regional Jail. Chelan County shall accept such prisoners if bed space' is available. by this 2. Compensation. Section 5(a) of the Agreement shall be amended as follows: (a) Rates. Chelan County agrees to perform one (1) transport per week from both the King County Correctional Facility, 500 5'h Avenue, Seattle, WA and the Regional Justice Center, 401 4th Avenue N., Kent, WA, and accept and house City inmates for compensation per day per inmate at the rates of $56.00 $48.00 per day. This includes classification 2 prisoners. Women are to be included at a rate of.~ ..... $48.00 per day. The parties agree that Chelan County will not charge a separate booking fee in addition to such rate. 3. Full Force and Effect. All other terms and conditions of the Agreement not modified Amendment shall remain in full force and effect. DATED the effective date set £orth above. CITY OF FEDERAL WAY BOARD OF CHELAN COUNTY COMMISSIONERS By: DAVID H. MOSELY, City Manager JOHN A. HUNTER, Chairman ATTEST: ESTHER STEFANIW, Commissioner City Clerk, N. Christine Green, CMC DATED: JAMES C. LYNCH, Commissioner APPROVED AS TO FORM: ATTEST: Bob C. Sterbank, City Attorney Kathleen L. Ward, Clerk of the Board DATED: APPROVED AS TO FORM: CHELAN COUNTY SHERIFF'S OFFICE Susan Hinkle, Chelan County Prosecutor Michael L. Brickert, Sheriff K:\interlcBJail Services Agmt Chelan. I amend 1/26/01 CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Twin Lakes Neighborhood Traffic Safety (NTS) Project ..... C'~'Y ~"~'~5'g, ¥'i ................................................................................................................................................. ~'r}"~'E T ~ ~'g'X'C ¥":' .................................................................................. X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: Memo to the Land Use and Transportation Committee dated February 21, 2001. SUMMARY/BACKGROUND: Residents in the vicinity of SW 314th Street near 27th Avenue SW have requested the installation of speed humps in that area based on concerns of high traffic speeds and cut-through traffic. See the table in the attached memo for the installation criteria point system. A traffic study conducted by the Colella Estates Subdivision proponent in October 1999 indicated that the subject location would receive 1.0 point for traffic volume, 2.0 points for traffic speed, and 0 points for accident history. Therefore, the total number of points is 3.0, which meets the 3.0-point minimum to qualify for speed hump installation. On November 2, 2000 staff conducted a neighborhood meeting to discuss potential traffic calming alternatives that might be effective in reducing speed and cut-through traffic within the neighborhood. After discussion between the neighborhood residents and staff, a consensus was reached to propose the installation of three speed humps in order to mitigate the identified problems. In accordance with established NTS policies, staff sent ballots to property owners and occupants within 600 feet of the proposed speed hump locations. One of the installation criteria requires a 50% majority of the returned ballots. All locations met the balloting criteria. CITY COUNCIL COMMITTEE RECOMMENDATION: At its February 21,2001 meeting the Land Use and Transportation Committee forwarded the following recommendation to the City Council: Approve the installation of three speed-humps on SW 314th Street near 27th Avenue SW. CITY MANAGER RECOMMENDATION: Motion to approve the installation of three speed-humps on SW 314th Street near 27th Avenue SW. ..... ..................................................................................................... (B£LOW ro Br COMPLrrEI> BY clrr c£~RK's offiCE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION k:\council\agdbills\2001\twin lakes nts.doc COUNCIL BILL tt 1st Reading Enactment Reading ORDINANCE ti RESOLUTION # CITY OF ~ DATE: TO: FROM: VIA: SUBJECT: February 21,2001 Dean McColgan, Chair Land Use and Transportation Committee Hazem EI-Assar, Assistant Traffic Engineer ~3t~ David H. Moseley, City Manager Twin Lakes Neighborhood Traffic Safety {BITS) Project BACKGROUND Residents in the vicinity of SW 314a Street near 27th Avenue SW have requested the installation of speed humps in that area based on concerns of high traffic speeds and cut-through traffic. Currently adopted installation criteria are based on a point system as follows: 0.5 0.3 - 0.5 · 500 - 1100 26 - 29 1.0 0.5 - 0.7 1101 - 1700 29.1 - 32 1.5 0.7 - 0.9 1701 - 2300 32.1 - 35 2.0 0.9 - 1.1- 2301 - 2900 35.1 - 38 2.5 1.1 - 1.3 2901 - 3500 38.1 - 41 3.0 More than 1.3 More than 3500 More than 41 Installation criteria are met if the total number of severity points is equal to or greater than 3.0. A traffic study conducted by the Colella Estates Subdivision proponent in October 1999 indicated that the subject location would receive 1.0 point for traffic volume, 2.0 points for traffic speed, and 0 points for accident history. Therefore, the total number of points is 3.0, which meets the 3.0-point minimumto qualify for speed hump installation. On November 2, 2000 staff conducted a neighborhood meeting to discuss potential traffic calming altematives that might be effective in reducing speed and cut-through traffic within the neighborhood. After discussion between the neighborhood residents and staff, a consensus was reached to propose.the installation of three speed humps in order to mitigate the identified problems. In accordance with established NTS policies, staff sent ballots to property owners and occupants within 600 feet of the proposed speed hump locations and the following table summarizes the ballot results: Ballots Sent 52 56 100 Ballots Returned 15 32 41 Yes Votes 15 (100%) 32 (100%) 39 (95%) No Votes 0 (0%) 0 (0%) 2 (5%) One of the installation criteria requires a 50% majority of the retumed ballots. Based on the above table, all lochtions met the balloting criteria. RECOMMENDATION Staff recommends placing the 'following item on the March 6, 2001 Council Consent Agenda: Approve the installation of three speed-humps on SW 314a Street near 27a Avenue SW. HE:jif k:klutck2OOl\twin lakes nts.doc CITY OF FEDERAL WAY City Council AGENDA ITEM CATEGORY: BUDGET IMPACT: CONSENT ORDINANCE X BUSINESS HEARING FYI RF~OLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: None SUMMARY/BACKGROUND: As a result of the resignation of Parks/Recreation Commissioner Jerry Bollen on February 1, 2001, it is necessary to name a replacement for him on the commission. It is a consensus of the Council to appoint current alternate John Morrison, as a voting member, to complete the unexpired term. CITY COUNCIL COMMITTEE RECOMMENDATION: None CITY MANAGER RECOMMENDATION: Motion to appoint alternate John Morrison, as a voting member of the Parks/Recreation Commission, to fill the unexpired term of Commissioner Jerry Bollen, for a term expiring on April 30, 2002. (The City Clerk will arrange for introduction and presentation of the appointment certificate for the new appointee during the March 20 regular meeting) APPROVED FOR INCLUSION IN COUNCIL PACKE~~f~ (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # ORDINANCE # RESOLUTION # CCCOVER-1/26/00 ( (' Item 5.A CITY OF FEDERAL WAY MEMORANDUM Date: To: From: Via: Subject: January 31, 2001 Parks, Recreation, Human Services and Public Safety Council Committee Jennifer S chro_~i~ct or~ Bob C. Sterbanlt,~:~ Attomey David M~anager Proposed Agreetnent for Celebration Park Batting Cage Services Background: Russell and Justin Mentink submitted to the City a proposal to locate a batting cage at Celebration Park, north of the batting restroom/concession building in the Weyerhaeuser Plaza. The Parks and Recreation Commission held a public heating on January 13, 2000. The Parks and Recreation Commission forwarded to Council a recommendation for the City to enter into a contract for a batting cage in Celebration Park located at the previous area identified for a maintenance facility. After review by the PRHSPS Council Committee, the full Council, on March 7, 2000, authorized the City to enter into a contract for a batting cage facility at the site proposed by the Parks and Recreation Commission. Russell and Justin Mentink desire to execute an agreement with the City to construct and operate a six-station batting cage facility in Celebration. The basic terms of the proposed agreement are as follows: Premises. The Batting Cage shall be constructed and operated in the area located in Celebration Park previously reserved for the construction of a "Maintenance & Storage Facility". Batting Cage Services. Shall, at a minimum, be open to the public from March 15t~ until September 30t~ each year during the Term; provided, however, that the City reserves the fight to require that the Batting Cage be closed if the operation would be incompatible with City purpose such as the Fourth of July City celebration. Batting Cage shall be open to the public from 12:00 p.m. until 8:00 p.m., Monday through Friday and from 10:00 a.m. until 8:00 p.m., Saturday and Sunday. The Batting Cage may continue its operation beyond the 8:00 p.m. closing time in the event there is a game being played at Celebration Park, but in no event shall the operation continue past 9:30 p.m. unless such operation is given prior approval by the Parks, Recreation and Cultural Services Director. Construction of Batting Cage. The Mentinks agree to construct, at their sole expense, a batting cage facility that will include six (6) cages, five (5) dual pitching machines (providing both slow and fastpitch softball and baseball), and one (1) single pitching machine that can do either slow or fastpitch. ~The term of the agreement will be for a period often (10) years, with renewal terms at the discretion of the City for a maximum of two (2) additional terms of five (5) years each. Compensation. The agreement calls for a fee schedule based on year of term or percentage of gross monthly revenue, whichever is greater. For years 1-2-3, the Mentinks shall pay the City a minimum payment of $500.00 per month, $750.00 per month for years 4-5-6, and $1,000.00 per month for years 7-8-9-10, or a percentage of gross receipts per the following schedule: · 5% of the first $100,000 in gross receipts · 7% of receipts in excess of $100,000 to $200,000 · 10% of gross receipts in excess of $200,000 Free Clinics. The Mentinks agree to provide to the citizens of Federal Way, a minimum of one (1) monthly free hitting clinic, during the dates of operation (March 15 - September 30). Insurance. The agreement requires the Mentinks to carry as a minimum, workers' compensation and employer liability insurance in amounts pursuant to the laws of the State of Washington; commercial general liability insurance with minimum limits of Two Million Dollars per occurrence and Five Million Dollars in the annual aggregate, for bodily injury; automobile liability insurance with minimum limits of not less than Two Million Dollars per occurrence and Five Million Dollars in the annual aggregate for bodily injury. Committee Recommendation: Staff requests the Committee forward the proposed agreement for Celebration Park Batting Cage Services to the full City Council, with a "do pass" recommendation. APPROVAL BY COMMITTEE: Confmiffee Membe~ Committee Member I:~PARKSCOMMITTEE\0212 BATCAGE.DOC AGREEMENT FOR CELEBRATION PARK BATTING CAGE SERVICES This Agreement ("Agreement") is dated effective this ~ day of ,2001. The parties ("Parties") to this Agreement are th~ .C~F FEDERAL WAY, a Washjangtort, municipal corporation ("City"), and RUSSELL W. [~,t ~'['~u~~ ;-..:f:~, and JUSTIN MENTINK, a single person (collectively, the "Mentinks"). A. The City seeks the temporary professional services of a skilled independent contractor capable of working without direct supervision, to construct a batting cage and to provide batting cage services to the general public at Celebration Park, located at 1095 South 324th Street, Federal Way, Washington ("Celebration Park"); and B. The Mentinks have the requisite skill and experience necessary to provide such services. NOW, THEREFORE, the Parties agree as follows: 1. Premises. The Batting Cage shall be constructed and operated on certain premises commonly known as the area located in Celebration Park to the southeast of the baseball fields, which area was previously reserved for construction ofa"Maintenance & Storage Facility", and as more particularly identified by the City and as shown on the site plan attached as Exhibit "A" and incorporated herein by this reference ("Premises"). 2. Batting Cage Services. 2.1 License. The City hereby grants to the Mentinks a limited license to use the Premises solely for the purposes set forth in this Agreement and for the Term of this Agreement. 2.2 Customer Service. The Mentinks and all of their employees, agents, or representatives shall provide the highest quality of customer service and shall treat all customers with courtesy and respect. The Mentinks shall honor all reasonable requests for refunds including requests from customers that are dissatisfied with any product sold by the Mentinks or from customers who have lost money in any machine Owned by the Mentinks. 2.3 Employee Appearance. All of the Mentinks' employees, agents, representatives or licensees shall have a neat, clean and sanitary personal appearance and those who come in direct contact with the public shall wear clothing or identification which distinguishes them as employees of the Mentinks. 2.4 Employee Training. The Mentinks shall provide a training program for its employees, agents, or representatives for the development of the skills and techniques necessary to perform its obligat~der this Agreement including, but not limited to, promoting stomer service, prodluc~tnd service presentation, cleanliness, positive attitude and promoting the City Parks, t~o~ation and Cultural Services Department's ("PRCS") philosophy and policy. 2.5 Staffing. The Batting Cage shall be properly staffed in order to prevent undue delay to the public. The Mentinks shall plan its staffing in advance and anticipate to the best of its ability any events, such as holidays or special events, which may require additional staffing. In the event the City determines in its sole discretion that the Mentinks are not adeqUately staffing the Batting Cage, it may notify the Mentinks of that fact and the Mentinks shall immediately increase its staffing to meet the City's recommendation. 2.6 Dates of Operation. The Batting Cage shall at a minimum be open to the public from March 15th until September 30th each year during the Term; provided, however, that the City reserves the right to require that the Batting Cage be closed if the operation would be incompatible with a City purpose such as the Fourth of July City celebration. 2.7 Hours of Operation. The Batting Cage shall be open to the public during the dates of operation from 12:00 p.m. until 8:00 p.m., Monday through Friday and from 10:00 a.m. until 8:00 p.m., Saturday and Sunday, or during such hours as may be set by the City's PRCS Director in her sole discretion; provided, however, that the Batting Cage may continue its operations beyond the 8:00 p.m. closing time in the event there is a game being played at Celebration Park, but in no event shall such operation continue past 9:30 p.m. unless such operation is given prior approval by the PRCS Director. 2.8 Products. All products offered for sale by the Mentinks to the public shall be approved in writing by the City prior to distribution or sale of any such products. The Mentinks shall comply with any reasonable requests made by the City to either add or eliminate certain types of products. 3. Construction of Batting Cage. 3.1 Construction of Batting Caee. The Mentinks agree to construct, at their sole expense, a batting cage facility on the Premises ("Batting Cage") having an approximate size of ' x ' that will include six (6) cages, five (5) dual pitching machines (Automated Batting Cage~ Model AP 1000 providing both slow and fast pitch softball and baseball), one (1) single pitching machine (either slow or fast pitch); an ___' x ' concession building with exterior detailing and materials that coordinate with the existing brick -2- restroom/concession building and existing metal maintenance building in C~-lebration Park '" Plans and specifications depicting t,h,e batting cage facility and concession building are subject to the approval of the PRCS Director in her sole discretions: att~¢h¢.d h~qi~ E~ibit ~B" and incorporated herein, by the reference ("Plans"). No change orders to the Plans shall occur unless the same have been approved in writing by the City. The Mentinks shall be responsible for obtaining and paying all expenses associated with all necessary permits, licenses, bonds and approvals in connection with the construction of the Batting Cage and/or performing all of their obligations under this Agreement. 3.2 Alterations. The Mentinks shall not make any material alterations, additions or improvements to the Batting Cage without the City's prior written consent, which consent may be withheld for any reason, except that with respect to alterations, additions or improvements to the interior of the Batting Cage, the City's consent may not be unreasonably withheld. In the event the City consents to the making of any alterations, additions or improvements to the Batting Cage (interior or exterior), the same shall be made at the Mentinks's sole cost and expense. 3.3 Surrender/Removal. Upon the expiration of the Term, or earlier termination of this Agreement, the City may elect the following: (a) the surrender of the Batting Cage and all associated equipment to the City ("Surrender Option"); or (b) the removal of the Batting Cage, or any part thereof, at the Mentinks' sole cost and expense, and the repair of any damage to the real property caused by such removal within a time period prescribed by the City ("Removal Option"). If the City elects the Surrender Option, the City and the Mentinks shall jointly select an appraiser to determine the remaining fair market value (if any) of the Batting Cage and associated equipment, taking into account depreciation and resale value (if any). The cost of the appraiser shall be borne equally by the City and the Mentinks. Upon the City's payment of the remaining value (if any) of the Batting Cage and associated equipment, the Mentinks shall surrender the Batting Cage and all such equipment, which shall become the City's property. The Mentinks shall provide sufficient bonding or an assignment of funds in lieu of bonding to insure performance of this provision. 4. Maintenance. The Mentinks shall, at their expense, fully maintain the Batting Cage, the Premises, and any of the surrounding areas affected by their business operation in good condition and repair, including without limitation keeping such areas in a very neat, clean, safe and sanitary condition; removing all garbage and debris on a daily basis; repairing any broken machines within a reasonable time period; removing all graffiti; maintaining, repairing and replacing all plumbing fixtures in the Batting Cage including hot water heaters, drain maintenance and any upgrades required by current codes; performing all preventative maintenance; and providing all necessary janitorial service to adequately maintain such areas. The Mentinks shall keep all owned equipment and structures and leased City land free from encumbrances and/or liens, except for any mortgages or security interests granted for financing purposes and approved by the City prior to their execution by the Mentinks. -3- 5. Damage to Batting Cage. If the Batting Cage or any part thereof is damaged by any cause other than the sole negligence of the City, its employees or agents, the Mentinks shall, at their sole cost and expense, restore the Batting Cage to a condition equivalent or better than its condition immediately prior to such damage. 6. City Reimbursement. In the event the Mentinks fail to remove the Batting Cage pursuant to paragraph 3.3, maintain the Batting Cage pursuant to paragraph 4, or repair the Batting Cage pursuant to paragraph 5, the City may, but in no event is the City obligated to, remove the Batting Cage or perform the maintenance or repair and the Mentinks shall, upon demand, immediately pay the City the costs and expenses of such removal, maintenance or repair. In the event the Mentinks fail to comply with the terms of this paragraph, the City may confiscate the Batting Cage, or any part thereof, and sell the same, the proceeds of which sale will be credited against any costs or expenses incurred by the City. The sale of the Batting Cage shall not constitute an election of remedies by the City but will be in addition to any remedies available to the City at law, in equity, by statute or under this Agreement. 7. Utilities, Taxes and Expenses. The Mentinks shall pay all costs and expenses associated with the operation of the Batting Cage, including, without limitation, all utilities and taxes. The Mentinks shall pay directly, before delinquency, any and all taxes levied or assessed upon their leasehold improvements, equipment, furniture, fixtures and personal property located on the City's property. 8. Term. The term of this Agreement shall be for a period often (10) years commencing on the date the Mentinks obtain all necessary permits to construct the Batting Cage and terminating ten (10) years thereafter ("Term"); provided, however, the City may terminate this Agreement prior to the expiration of the Term for the Mentinks breach of this Agreement, or for other default, as described in Section 19 of this Agreement. At the end of the Term, if the Mentinks are not in breach or default of this Agreement as set forth in Section 19, the Mentinks shall have the option to extend this Agreement for a maximum of two (2) additional terms of five (5) years each ("Option Term(s)"), by providing the City with written notice one hundred and twenty (120) days prior to the expiration of the Term of the Mentinks election to exercise their right for the Option Term(s), and by obtaining the City's mutual agreement to the rental rate for any Option Term(s). 9. Compensation. 9.1 Total Compensation. The Mentinks agree to pay the City a monthly fee)lad" a percentage of their gross monthly revenue, excluding state sales tax ("Payments") as follows: Years 1-2-3: During the first three (3) years of this Agreement, the Mentinks shall pay to the City a minimum payment equal to the~aXexxofFive Hundred Dollars and no/100 ($500.00) per month, ora percentage of gros~e~n Subsection (a) below. Years 4-5-6: During the fourth, fifth and sixth years oftheTerm, the Mentinks shall pay to the City a minimum payment equal to the gre~te~ven Hundred Fifty Dollars and no/100 ($750.00) per month, ora percentage of/~,~~in Subsection (a) below. Years 7-8-9-10: During the remainder of the Term, the Mentinks shall pay to the City a minimum payment equal to the great, One Thousand Dollars and no/100 ($1,000.00) per month, or a percentage o~~ated in Subsection (a) below. (a) The Mentinks' gross re_gefgt$.pa~rgent shall be calculated as follows: Five Percent (5%) of the first $100,000 in~r~~ Percent (7%) of gross~r~ excess of $100,O00 to $200,000; and . '. (b) The term "Gross Monthly Revenue" shall me~al amount charged by the Mentinks,. their employees, agents, or licensees, for all goods and merchandise sold or services performed, whether for cash or other consideration or on credit, and regardless of collections __ 9.2 Payment Due Date. The Centinks shall c/eliver tl~ Payments to the City on or · before the 10th day of each month for]bgffthe monthly fee aff~he Gross Monthly Revenue ~~l~"c~~ the preceding month,'Due Date"), ~.e ~.r~t payment shall be due on the 10th day of the first month in which the Mentinks receive all necessary_ permits to construct the batting cage; provided, however, that if the date on which the Mentinks receive such permits falls after the l0th day of the month, the first payment shall be due on the l0th day of the following month, and shall include a pro-rated amount for any portion of the prior month in which the Mentinks received permits. 9.3 Access to Records. The Mentinks shall provide a written statement to the City on the Due Date showing the total Gross Monthly Revenue for the preceding month ("Statement"). The Mentinks will provide the City or the City's agents or representatives reasonable access to the books and records of the Mentinks for the purposes of auditing and inspecting the same to verify the Statement. The records shall include documents from -5- which the original transaction entry was made, including sales slips, cash register tapes, and/or purchase invoices. 9.4 Cash Registers. All sales, other than sales from machines, shall be recorded by cash registers which display to the customer the amount of the sale and automatically issue receipts certifjing the transaction amount. The cash registers shall be equipped with devices which lock in sales totals, transaction records, produce duplicate audit tape, contain counters which cannot be reset and which record the transaction numbers and sales details on such tape. Any errors shall be noted by the Mentinks on the audit tape with an explanation. Cash register readings shall be recorded by the Mentinks at the beginning and the end of each business day. 9.5 Late Fee. The Mentinks acknowledge that late payment to the City of the Payments will cause the City to incur costs not contemplated by this Agreement, the exact amount of which will be difficult to ascertain. Accordingly, if any Payment is not received by the City on the Due Date, the Mentinks agree to pay a late fee equal to 10% of the late Payment amount, plus interest on the late amount of 12%; except that where a Payment is more than 10 days late, the late fee shall be equal to 15% of the late Payment amount, plus interest on the late amount of 12%. 9.6 Mentinks Responsible for Taxes. The Mentinks shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement, including but not limited to Leasehold Excise Tax imposed pursuant to RCW 82.29A. 10. Free Clinics. The Mentinks shall provide a minimum of one (1) monthly free hitting clinic, during the dates of operation set forth in Section 2.6 herein, to the citizens of Federal Way and shall coordinate the dates, time, length, participants and scope of such clinics with Federal Way PRCS Dep,.artment. The Mentinks shall provide free instruction during the clinics. 11. Compliance with Laws. The Mentinks shall comply with and perform the services herein in accordance with all applicable federal, state, and City laws including, without limitation, all City codes, ordinances, resolutions, standards and policies, as now existing or hereafter adopted or amended, including but not limited to the following: (i) Federal, state and local health, safety and licensing laws relating to the sale of concession goods; (ii) City code provisions requiring any person or entity doing business in the City to obtain a business registration; and (iii) policy. City PRCS Department policies, including, but not limited to, its concession (iv) In all the Mentinks' activities, including the performance of the services herein and all hiring and employment made possible by or resulting from this Agreement, there shall be no discrimination by the Mentinks or by the Mentinks' employees, agents, subcontractors or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, creed, national origin, marital status or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Mentinks shall not violate any of the terms of Chapter 49.60 RCW, Title VII of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973 or any other applicable federal, state or local law or regulation regarding non-discrimination.' Any material violation of this provision shall be grounds for termination of this Agreement by the City and, in the case of the Mentinks' breach, may result in ineligibility for further City agreements. 12. Warranty. The Mentinks warrants that they have the requisite training, skill and experience necessary to provide the services herein and are appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to being registered to do business in the City of Federal Way by obtaining a City of Federal Way business registration. 13. Independent Contractor/Conflict of Interest. It is the intention and understanding of the Parties that the Mentinks shall be an independent contractor and that the City shall be neither liable nor obligated to pay the Mentinks sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. The Mentinks shall pay all income and other taxes as due. Industrial or any other insurance which is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Mentinks, shall not be deemed to convert this Agreement to an employment contract. It is recognized that Mentinks may or will be performing services during the Term for other partieS; provided, however, that such performance of other services shall not conflict with or interfere with Mentinks'~t ability to perform the services herein. Mentinks agrees to resolve any such conflicts of interest ~n favor of the City. -7- 14. Indemnification. 14.1 The Mentinks Indemnification. The Mentinks agree to indemnify, defend, and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Agreement to the extent caused by the negligent acts, errors or omissions of the Mentinks, its partners, shareholders, agents, employees, or by the Mentinks's breach of this Agreement. Mentinks waives any immunity that may be granted to it under the Washington State Industrial Insurance Act, Title 51 RCW. Mentinks'7indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. 0~w~~ ~ura-o 14.2 Survival. The provisions of this Se~all survive the expiration or termination o} this Agreement with respect to any event occurring prior to such expiration or termination. ~._~~ 15. Confidentiality. All information regarding the City obtained by the Mentinks in performance of this Agreement shall be considered confidential. Breach of confidentiality by the Mentinks will be grounds for immediate termination. 16. Insurance. The Mentinks agree to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating which is satisfactory to the City: 16.1 Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; 16.2 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, for bodily injury, including personal injury or death, products liability and property damage. 16.3 Automobile liability insurance with minimum limits of not less than Two Million Dollars ($2,000,000) per occurrence and Five Million Dollars ($5,000,000) in the annual aggregate, for bodily injury, including personal injury or death and property damage. The City shall be named as additional insured on all such insurance policies, with the exception of workers' compensation coverage. The Mentinks shall provide certificates of insurance, ~:~ ~ncurrent with the execution of this Agreement, evidencing such coverage and, at City's request, furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. All insurance policies shall contain a clause of endorsement providing that they may not be terminated or materially amended during the Term of this Agreement, except after thirty (30) days prior written notice to the City. If the Mentinks's insurance policies are "claims made" or "claims paid," the Mentinks shall be required to maintain tail coverage for a minimum period of three (3) years fi.om the date this Agreement is actually terminated. The Mentinks's failure to maintain such insurance policies shall be grounds for the City's immediate termination of this Agreement. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 17. Non-Exclusive Right. This Agreement does not grant the Mentinks an exclusive right to use of Celebration Park or to distribute their products or the products of others. The City reserves the right to grant to other persons or entities any of the rights contained herein or otherwise. 18. Signs. The Mentinks shall not place any sign, notice or advertising matter in or about the City's real property, without the City's prior written consent, which consent may be withheld for any reason. The Mentinks shall obtain all necessary permits in connection with any such signs. 19. Default. The occurrence of any one or more of the following events shall constitute a default and a breach of this Agreement by the Mentinks: 19.1 The vacating or abandonment of the Premises; 19.2 The failure by the Mentinks to make when due any of the Payments, where such failure shall continue for a period of three (3) days after written notice of default from the City to the Menfinks. 19.3 The failure by the Mentinks to observe or perform any of the covenants, conditions or provisions set forth in Sections 2.2 - 2.8 of this Agreement to be observed or performed by the Mentinks (specifically not including those described in Sections 19.1 - 19.2 above), for a period of thirty (30) days after written notice of such default from the City to the Mentinks; provided, however, that if the nature of the Mentinks' default is such that more than thirty (30) days are reasonably required for its cure, then the Mentinks shall not be deemed to be in default if the Mentinks commence a cure within that thirty (30) day period and thereafter diligently prosecute the cure to completion. 19.4 The Mentinks become a "debtor" as defined in the Bankruptcy Code, 11 USC Section 101, or any successor statute, or if a mastee or receiver is appointed to take possession of substantially all of the Mentinks' assets located at the Premises or of the Mentinks' interest in this Agreement. 19.5 Any other occurrence which constitutes a material breach or default under other provisions of this Agreement. 20. Assignment. The Mentinks shall not have the right to transfer or assign, in whole or in part, any or all of their obligations and rights hereunder without the prior written consent of the City. As a prior condition to any such consent, any assignee must file written notice of the assignment with the City together with its written acceptance of all terms and conditions of this Agreement. Notwithstanding the foregoing, thc Mentinks shall have the right, without such notice or such written approval, to mortgage, pledge, or hypothecate to any financing entity to whom the Mentinks (i) have obligations for borrowed money o~ in respect of guaranties thereof, or (ii) have obligations evidenced by bonds, debentures, notes or similax inslxuments, the benefits, privileges and proceeds the Mentinks receive from this Agreement. 21. General Provisions. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement. No provision of this Agreement may be amended or modified except by written agreement signed by the parties. Without in any way limiting any of the foregoing provisions requiring the City's consent to assignment,, this Agreement shall be binding upon and inure to the benefit of the Parties' successors in interest, heirs and assigns. Any provision of this Agreement which is declared invalid or illegal shall in no way affect or invalidate any other provision. In the event either of the Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, the substantially prevailing Party shall be entitled to its reasonable attomeys' fees, costs and expenses, to be paid by the other, non- prevailing Party. The venue for any dispute related to this Agreement shall be King County, Washington. Failure of the City to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. DATED the day and year set forth above. CITY OF FEDERAL WAY ATTEST: By: David H. Moseley, City Manager 33530 1 st Way South P. O. Box 9718 Federal Way, WA 98063-9718 City Clerk, N. Christine Green, CMC APPROVED AS TO FORM: City Attomey, Bob C. Sterbank Russell W. Mentink Mentink Justin Mentink 31602 37th Avenue SW Federal Way, WA 98023 (253) 838-2048 STATE OF WASHINGTON ) COUNTY OF KING ) On this day personally appeared before me, Russell W. Mentink and Mentink, husband and wife, to me known to be the individual(s) described in and who executed the foregoing instrument, and on oath swore that they executed the foregoing instrument as their flee and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of ,2001. (notary signature) (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires: -11- STATE OF WASHINGTON ) ) SS. COUNTY OF KING ) On this day personally appeared before me, Justin Memink, a single person, to me known to be the individual(s) described in and who executed the foregoing instrument, and on oath swore that he executed the foregoing instrument as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of ,2001. (notary signature) (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires: STATE OF WASHINGTON ) ) SS. COUNTY OF KING ) On this day personally appeared before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, David H. Moseley, to me known to be the City Manager of the City of Federal Way, a Washington municipal corporation, the corporation that executed the foregoing instrument, and acknowledged the said instnunem to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument. 'GIVEN my hand and official seal this day of ,2001. (notary signature) (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires: G:\batcage 02/27/O I -12- AGREEMENT FOR CELEBRATION PARK BATTING CAGE SERVICES This Agreement ("Agreement") is dated effective this ~ day of ,2001. The parties ("Parties") to this Agreement are the CITY OF FEDERAL WAY, a Washington municipal corporation ("City"), and RUSSELL W. and JUDY M. MENTINK, husband and wife, and JUSTIN MENTINK, a single person (collectively, the "Mentinks"). A. The City seeks the temporary professional services of a skilled independent contractor capable of working without direct supervision, to construct a batting cage and to provide batting cage services to the general public at Celebration Park, located at 1095 South 3244 Street, Federal Way, Washington ("Celebration Park"); and B. The Mentinks have the requisite skill and experience necessary to provide such services. NOW, THEREFORE, the Parties agree as follows: 1. Premises. The Batting Cage shall be constructed and operated on certain premises commonly known as the area located in Celebration Park to the southeast of the baseball fields, which area was previously. reserved for construction of a "Maintenance & Storage Facility", and as more particularly identified by the City and as shown on the site plan attached as Exhibit "A" and incorporated herein by this reference ("premises"). 2. Batting Cage Services. 2.1 License. The City hereby grants to the Mentinks a limited license to use the Premises solely for the purposes set forth in this Agreement and for the Term of this Agreement. 2.2 Customer Service. The Mentinks and all of their employees, agents, or representatives shall provide the highest quality of customer service and shall treat all customers with courtesy and respect. The Mentinks shall honor all reasonable requests for refunds including requests from customers that are dissatisfied with any product sold by the Mentinks or from customers who have lost money in any machine owned by the Mentinks. 2.3 Employee Appearance. All of the Mentinks' employees, agents, representatives or licensees shall have a neat, clean and sanitary personal appearance and those who come in direct contact with the public shall wear clothing or identification which distinguishes them as employees of the Mentinks. 2.4 Employee Training. The Mentinks shall provide a training program for its employees, agents, or representatives for the development of the skills and techniques necessary to perform its obligations under this Agreement including, but not limited to, promoting customer service, product and service presentation, cleanliness, positive attitude and promoting the City Parks, Recreation and Cultural Services Department's ("PRCS") philosophy and policy. 2.5 Staffing. The Batting Cage shall be properly staffed in order to prevent undue delay to the public. The Mentinks shall plan its staffing in advance and anticipate to the best of its ability any events, such as holidays or special events, which may require additional staffing. In the event the City determines in its sole discretion that the Mentinks are not adequately staffing the Batting Cage, it may notify the Mentinks of that fact and the Mentinks shall immediately increase its staffing to meet the City's recommendation. 2.6 Dates of Operation. The Batting Cage shall at a minimum be open to the public from March 15th until September 30th each year during the Term; provided, however, that the City reserves the right to require that the Batting Cage be closed if the operation would be incompatible with a City purpose such as the Fourth of July City celebration. 2.7 Hours of Operation. The Batting Cage shall be open to the public during the dates of operation from 12:00 p.m. until 8:00 p.m., Monday through Friday and from 10:00 a.m. until 8:00 p.m., Saturday and Sunday, or during such hours as may be set by the City's PRCS Director in her sole discretion; provided, however, that the Batting Cage may continue its operations beyond the 8:00 p.m. closing time in the event there is a game being played at Celebration Park, but in no event shall such operation continue past 9:30 p.m. unless such operation is given prior approval by the PRCS Director. 2.8 Products. All products offered for sale by the Mentinks to the public shall be approved in writing by the City prior to distribution or sale of any such products. The Mentinks shall comply with any reasonable requests made by the City to either add or eliminate certain types of products. 3. Construction of Batting Cage. 3.1 Construction of Batting Cage. The Mentinks agree to construct, at their sole expense, a batting cage facility on the Premises ("Batting Cage") having an approximatesize of ' x ' that will include six (6) cages, five (5) dual pitching machines (Automated Batting Cages Model AP 1000 providing both slow and fast pitch softball and baseball), one (1) single pitching machine (either slow or fast pitch); an __' x __' concession building with exterior detailing and materials that coordinate with the existing brick -2- restroom/concession building and existing metal maintenance building in Celebration Park. Plans and specifications depicting the batting cage facility and concession building are subject to the approval of the PRCS' Director in her sole discretion: No change orders to the Plans shall occur unless the same have been approved in writing by the City. The Mentinks shall be responsible for obtaining and paying all expenses associated with all necessary permits, licenses, bonds and approvals in connection with the construction of the Batting Cage and/or performing all of their obligations under this Agreement. 3.2 Alterations. The Mentinks shall not make any material alterations, additions or improvements to the Batting Cage without the City's prior written consent, which consent may be withheld for any mason, except that with respect to alterations, additions or improvements to the interior of the Batting Cage, the City's consent may not be unreasonably withheld. In the event the City consents to the making of any alterations, additions or improvements to the Batting Cage (interior or exterior), the same shall be made at the Mentinks's sole cost and expense. 3.3 Surrender/Removal. Upon the expiration of the Term, or earlier termination of this Agreement, the City may elect the following: (a) the surrender of the Batting Cage and all associated equipment to the City ("Surrender Option"); or (b) the removal of the Batting Cage, or any part thereof, at the Mentinks' sole cost and expense, and the repair of any damage to the real property caused by such removal within a time period prescribed by the City ("Removal Option"). If the City elects the Surrender Option, the City and the Mentinks shall jointly select an appraiser to determine the remaining fair market value (if any) of the Batting Cage and associated equipment, taking into account depreciation and resale value (if any). The cost of the appraiser shall be borne equally by the City and the Mentinks. Upon the City's payment of the remaining value (if any) of the Batting Cage and associated equipment, the Mentinks shall surrender the Batting Cage and all such equipment, which shall become the City's property. The Mentinks shall provide sufficientbonding or an assignment of fimds in lieu of bonding to insure performance of this provision. 4. Maintenance. The Mentinks shall, at their expense, fully maintain the Batting Cage, the Premises, and any of the surrounding areas affected by their business operation in good condition and repair, including without limitation keeping such areas in a very neat, clean, safe and sanitary condition; removing all garbage and debris on a daily basis; repairing any broken machines within a reasonable time period; removing all graffiti; maintaining, repairing and replacing all plumbing fixtures in the Batting Cage including hot water heaters, drain maintenance and any upgrades required by current codes; performing all preventative maintenance; and providing all necessary janitorial service to adequately maintain such areas. The Mentinks shall keep all owned equipment and structures and leased City; land free from encumbrances and/or liens, except for any mortgages or security interests granted for financing purposes and approved by the City prior to their execution by the Mentinks. 3 5. Damage to Batting Cage. If the Batting Cage or any part thereof is damaged by any cause other than the sole negligence of the City, its employees or agents, the Mentinks shall, at their sole cost and expense, restore the Batting Cage to a condition equivalent or better than its condition immediately prior to such damage. 6. City Reimbursement. In the event the Mentinks fail to remove the Batting Cage pursuant to Section 3.3, maintain the Batting Cage pursuant to Section 4, or repair the Batting Cage pursuant to Section 5, the City may, but in no event is the City obligated to, remove the Batting Cage or perform the maintenance or repair and the Mentinks shall, upon demand, immediately pay the City the costs and expenses of such removal, maintenance or repair. In the event the Mentinks fail to comply with the terms of this paragraph, the City may confiscate the Batting Cage, or any part thereof, and sell the same, the proceeds of which sale will be credited against any costs or expenses incurred by the City. The sale of the Batting Cage shall not constitute an election of remedies by the City but will be in addition to any remedies available to the City at law, in equity, by statute or under this Agreement. 7. Utilities, Taxes and Expenses. The Mentinks shall pay all costs and expenses associated with the operation of the Batting Cage, including, without limitation, all utilities and taxes. The Mentinks shall pay directly, before delinquency, any and all taxes levied or assessed upon their leasehold improvements, equipment, furniture, fixtures and personal property located on the City's property. 8. Term. The term of this Agreement shall be for a period often (10) years commencing on the date the Mentinks obtain all necessary permits to construct the Batting Cage and terminating ten (10) years thereafter ("Term"); provided, however, the City may terminate this Agreement prior to the expiration of the Term for the Mentinks breach of this Agreement, or for other default, as described in Section 19 of this Agreement. At the end of the Term, if the Mentinks are not in breach or default of this Agreement as set forth in Section 19, the Mentinks shall have the option to extend this Agreement for a maximum of two (2) additional terms of five (5) years each ("Option Term(s)"), by providing the City with written notice one hundred and twenty (120) days prior to the expiration of the Term of the Mentinks election to exercise their right for the Option Term(s),and by obtainingthe City's mutual agreement to the rental rate for any Option Term(s). -4- 9. Compensation. 9.1 Total Compensation. The Mentinks agree to pay the City a monthly fee or a percentage of their gross monthly revenue, excluding state sales tax CPayments")as follows: Years 1-2-3: During the first three (3) years of this Agreement, the Mentinks shall pay to the City a minimum payment equal to the greater of Five Hundred Dollars and no/100 ($500.00) per month, or a percentage of gross monthly revenue as calculated in Subsection (a) below. Years 4-5-6: During the fourth, fifth and sixth years of the Term, the Mentinks shall pay to the City a minimum payment equal to the greater of Seven Hundred Fifty Dollars and no/100 ($750.00) per month, or a percentage of gross monthly revenue as calculated in Subsection (a) below. Years 7-8-9-10: During the remainder of the Term, the Mentinks shall pay to the City a minimum payment equal to the greater of One Thousand Dollars and no/100 ($1,000.00)per month, or a percentage of gross monthly revenue as calculated in Subsection (a) below. (a) The Mentinks' gross monthly revenue payment shall be calculated as follows: Five Percent (5%) of the first $100,000 in gross monthly revenue; Seven Percent (7%) of gross monthly revenue in excess of $100,000 to $200,000; and Ten Percent (10%) of gross monthly revenue in excess of $200,000. (b) The term "Gross Monthly Revenue" shall mean the total amount charged by the Mentinks, their employees, agents, or licensees, for all goods and merchandise sold or services performed, whether for cash or other consideration or on credit, and regardless of collections. 9.2 Payment Due Date. The Mentinks shall deliver the Payments to the City on or before the 10th day of each month for the monthly fee or the Gross Monthly Revenue due from the preceding month ("Due Date"), as applicable. The first payment shall be due on the 10~ day of the first month in which the Mentinks receive all necessary permits to construct the batting cage; provided, however, that if the date on which the Mentinks receive such permits falls after the 10a' day of the month, the first payment shall be due on the l0th day of the following month, and shall include a pro-rated amount for any portion of the prior month in which the Mentinks received permits. 9.3 Access to Records. The Mentinks shall provide a written statement to the City on the Due Date showing the total Gross Monthly Revenue for the preceding month ("Statement"). The Mentinks will provide the City or the City's agents or representatives reasonable access to the books and records of the Mentinks for the purposes of auditing and inspecting the same to verify the Statement. The records shall include documents from -5- which the original transaction entry was made, including sales slips, cash register tapes, and/or purchase invoices. 9.4 Cash Registers. All sales, other than sales from machines, shall be recorded by cash registers which display to the customer the amount of the sale and automatically issue receipts certifying the transaction amount. The cash registers shall be equipped with devices which lock in sales totals, transaction records, produce duplicate audit tape, contain counters which cannot be reset and which record the transactionnumbers and sales details on such tape. Any errors shall be noted by the Mentinks on the audit tape with an explanation. Cash register readings shall be recorded.by the Mentinks at the beginning and the end of each business day. 9.5 Late Fee. The Mentinks acknowledge that late payment to the City of the Payments will cause the City to incur costs not contemplated by this Agreement, the exact amount of which will be difficult to ascertain. Accordingly, if any Payment is not received by the City on the Due Date, the Mentinks agree to pay a late fee equal to 10% of the late Payment amount, plus interest on the late amount of 12%; except that where a Payment is more than 10 days late, the late fee shall be equal to 15% of the late Payment amount, plus interest on the late amount of 12%. 9.6 Mentinks Responsible for Taxes. The Mentinks shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement, including but not limited to Leasehold Excise Tax imposed pursuant to RCW 82.29A. 10. Free Clinics. The Mentinks shall provide a minimum of one (1) monthly free hitting clinic, during the dates of operation set forth in Section 2.6 herein, to the citizens of Federal Way and shall coordinate the dates, time, length, participants and scope of such clinics with Federal Way PRCS Department. The Mentinks shall provide free instruction during the clinics. 11. Compliance with Laws. The Mentinks shall comply with and perform the services herein in accordance with all applicable federal, state, and City laws including, without limitation, all City codes, ordinances, resolutions, standards and policies, as now existing or hereafter adopted or amended, including but not limited to the following: (i) Federal, state and local health, safety and licensing laws relating to the sale of concession goods; -6- (ii) City code provisions requiring any person or entity doing business in the City to obtain a business registration; and (iii) policy. City PRCS Department policies, including, but not limited to, its concession (iv) In all the Mentinks' activities, including the performanceofthe servicesherein and all hiring and employment made possible by or resulting from this Agreement, there shall be no discrimination by the Mentinks or by the Mentinks' employees, agents, subcontractors or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, creed, national origin, marital status or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirementshall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Mentinks shall not violate any of the terms of Chapter 49.60 RCW, Title VII of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973 or any other applicable federal, state or local law or regulation regarding non- discrimination. Any material violation of this provision shall be grounds for termination of this Agreement by the City and, in the case of the Mentinks' breach, may result in ineligibility for further City agreements. 12. Warranty. The Mentinks warrants that they have the requisite training, skill and experience necessary to provide the services herein and are appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to being registered to do business in the City of Federal Way by obtaining a City of Federal Way business registration. 13. Independent Contractor/Conflict of Interest. It is the intention and understanding of the Parties that the Mentinks shall be an independent contractor and that the City shall be neither liable nor obligated to pay the Mentinks sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. The Mentinks shall pay all income and other taxes as due. Industrial or any other insurance which is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Mentinks, shall not be deemed to convert this Agreement to an employment contract. It is recognized that Mentinks may or will be performing services during the Term for other parties; provided, however, that such performance of other services shall not conflict with or interfere with Mentinks' ability to perform the services herein. Mentinks agrees to resolve any such conflicts of interest in favor of the City. 7 14. Indemnification. 14.1 The Mentinks Indemnification. The Mentinks agree to indemnify, defend, and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Agreement to the extent caused by the negligent acts, errors or omissionsofthe Mentinks, its partners, shareholders, agents, employees, or by the Mentinks' breach of this Agreement. Mentinks waive any immunity that may be granted to it under the Washington State Industrial Insurance Act, Title 51 RCW. Mentinks' indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. 14.2 Survival. The provisions of this Section, and the provisions of Sections 3.3, 6, 7, and 9.5, shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 15. Confidentiality. All information regarding the City obtained by the Mentinks in performance of this Agreement shall be considered confidential. Breach of confidentiality by the Mentinks will be grounds for immediate termination. 16. Insurance. The Mentinks agree to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating which is satisfactory to the City: 16.1 Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; 16.2 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, for bodily injury, including personal injury or death, products liability and property damage. 16.3 Automobile liability insurance with minimum limits of not less than Two Million Dollars ($2,000,000) per occurrence and Five Million Dollars ($5,000,000) in the annual aggregate, for bodily injury, including personal injury or death and property damage. The City shall be named as additional insured on all such insurance policies, with the -8- exception of workers' compensation coverage. The Mentinks shall provide certificatesofinsurance, concurrent with the execution of this Agreement, evidencing such coverage and, at City's request, furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. All insurance policies shall contain a clause of endorsement providing that they may not be terminated or materially amended during the Term of this Agreement, except after thirty (30) days prior written notice to the City. If the Mentinks' insurance policies are "claims made" or "claims paid," the Mentinks shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terminated. The Mentinks' failure to maintain such insurance policies shall be grounds for the City's immediate termination of this Agreement. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 17. Non-Exclusive Right. This Agreement does not grant the Mentinks an exclusive right to the use of Celebration Park or to distribute their products or the products of others. The City reserves the right to grant to other persons or entities any of the rights contained herein or otherwise. 18. Signs. The Mentinks shall not place any sign, notice or advertisingmatter in or about the City's real property, without the City's prior written consent, which consent may be withheld for any reason. The Mentinks shall obtain all necessary permits in connection with any such signs. 19. Default. The occurrence of any one or more of the following events shall constitute a default and a breach of this Agreement by the Mentinks: 19.1 The vacating or abandonment of the Premises; 19.2 The failure by the Mentinks to make when due any of the Payments, where such failure shall continue for a period of three (3) days after written notice of default from the City to the Mentinks. 19.3 The failure by the Mentinks to observe or perform any of the covenants, conditions or provisions set forth in Sections 2.2 - 2.8 of this Agreement to be observed or performed by the Mentinks (specifically not including those described in Sections 19.1 - 19.2 above), for a period of thirty (30) days after written notice of such default from the City to the Mentinks; provided, however, that if the nature of the Mentinks' default is such that more than thirty (30) days are reasonably required for its cure, then the Mentinks shall not be deemed to be in default if the Mentinks commence a cure within that thirty (30) day period and thereafter diligently prosecute the cure to completion. -9- 19.4 The Mentinks become a "debtor" as defined in the Bankruptcy Code, 11 USC Section 101, or any successor statute, or if a trustee or receiver is appointed to take possession of substantially all of the Mentinks' assets located at the Premises or of the Mentinks' interest in this Agreement. 19.5 Any other occurrence which constitutes a material breach or default under other provisions of this Agreement. 20. Assignment. The Mentinks shall not have the right to transfer or assign, in whole or in part, any or all of their obligations and rights hereunder without the prior written consent of the City. As a prior condition to any such consent, any assignee must file written notice of the assignment with the City together with its written acceptance of all terms and conditions of this Agreement. Notwithstanding the foregoing, the Mentinks shall have the right, without such notice or such written approval, to mortgage, pledge, or hypothecate to any financing entity to whom the Mentinks: (i) have obligations for borrowed money or in respect of guaranties thereof, or (ii) have obligations evidenced by bonds, debentures, notes or similar instruments, the benefits, privileges and proceeds the Mentinks receive from this Agreement. 21. General Provisions. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement. No provision of this Agreement may be amended or modified except by written agreement signed by the parties. Without in any way limiting any of the foregoing provisions requiring the City's consent to assignment, this Agreement shall be binding upon and inure to the benefit of the Parties' successors in interest, heirs and assigns. Any provision of this Agreement which is declared invalid or illegal shall in no way affect or invalidate any other provision. In the event either of the .Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, the substantially prevailing Party shall be entitled to its reasonable attorneys' fees, costs and expenses, to be paid by the other, non-prevailing Party. The venue for any dispute related to this Agreement shall be King County, Washington. Failure of the City to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. Time is of the essence of this Agreement and each and all of its provisiOns in which performance is a factor. - 10- DATED the day and year set forth above. CITY OF FEDERAL WAY ATTEST: By: - David H. Moseley, City Manager 33530 1st Way South P. O. Box 9718 Federal Way, WA 98063-9718 City Clerk, N. Christine Green, CMC APPROVED AS TO FORM: City Attomey, Bob C. Sterbank Russell W. Mentink Judy M. Mentink Justin Mentink 31602 372 Avenue SW Federal Way, WA 98023 (253) 838-2048 -11- STATE OF WASHINGTON ) ) SS. COUNTY OF KING ) On this day personally appeared before me, Russell W. Mentink and Judy M. Mentink, husband and wife, to me known to be the individual(s) described in and who executed the foregoing instrument, and on oath swore that they executed the foregoing instrument as their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of ., 2001. (notary signature) (typed/primed name of notary) Notary Public in and for the State of Washington. My commission expires: STATE OF WASHINGTON ) ) SS. COUNTY OF KING ) On this day personally appeared before me, Justin Mentink, a single person, to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he executed the foregoing instrument as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of ,2001. (notary signature) (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires: -12- STATE OF WASHINGTON ) ) SSo COUNTY OF KING ) On this day personally appeared before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, David H. Moseley, to me known, to be the City Manager of the City of Federal Way, a Washington municipal corporation, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument. GIVEN my hand and official seal this day of ,2001. (notary signature) (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires: G:\batcage 03/12/01 - 13- EXHIBIT/t SITE PLAN CITY OF FEDERAL WAY MEMORANDUM Date: To: From: Re: March 6, 2000 Federal Way City Council Greater Federal Way Chamber of Commerce Mary Gates, City Council Member Sound Transit Board Member (253) 661-4013 ofc (253) 927-6482 hm Sound Transit Update 1. Unes of Business Information/Update A. Sounder Commuter Rail · Apdl 22, 2001: Mariner games Sunday service begins. · Sounder Rail ddership per train surpasses rail ddership in all but the most established markets, such as New York City and Chicago. · Studies show that most Sounder dders are people who drove alone in their vehicles. · The key to high capacity ddership is adequate parking at stations, which will improve as the planned parking facilities become available. B. Regional Express Bus and community connections March 7, 2001: The Executive Advisory Committee for the Federal Way projects will meet to discuss and receive project updates for 272"a improvements, the Federal Way Transit Center and Parking Structure and S. 317 Direct Access Ramp, and the Pacific Highway and 294 St. Park & Ride Facility. March 8, 2001: The Finance committee of Sound Transit will have the Direct Access Project on its agenda to contract with the Washington State Department of Transportation toward completion of the design file for the Direct Access Ramp Project. · Reports tell of a smooth introduction of additional Sound Transit Express service to and from the airport on nights and weekends from Federal Way. C. Link Light Rail · Work continues on the schedule and budget for this project. As you know, the first of several studies of transit technologies got underway moro than ten years ago. Three moro studies followed and comparod all types of systems imaginable - monorail, magnetic levitation, automated, etc. After extensive analysis and seeing what would work in this region, each study concluded that light rail was the best fit for our aroa due to its proven technology, superior capacity (expected 100,000+ daily riders), cost, and its flexible ability to operate safely at stroet level, elevated or in tunnels. Please see the attached map of the rogion with current demand and projected demand in the I-5 corridor. This helps explain why the twenty-one miles of North/South spine are so important to those of us living hero in Federal Way and the South Sound. A rominder that the light rail project is a 50-year decision for a new high capacity transportation choice that will not use the same congested pavement as cars, trucks, vans, and buses. It will provide reliability, improvement in prodictable travel times, and frequent service that will combine with the commuter rail and regional expross buses to provide a high capacity transit system for the urban aroas of Pierce, King, and Snohomish counties. 2. Earthquake Reports Regarding Sound Transit Facilities A. The stations we have built came through the quake just fine. Our offices in Union Station, which we had renovated before moving in, are fine; the only damage was in the Great Hall, which had some fallen plaster. Everyone is back to work. 3. Legislative Report Some proposed legislation could have severo impacts on the agency. One such bill calls for a roauthorization of all Regional Transit Authorities (You'ro right, there is just one, and that is Sound Transit) by a vote. This. is House Bill 1615 and, if approved, would eliminate all of Sound Transit's existing services and proposed projects entiroly. That means 81 miles of commuter rail, 21 miles of light rail, 18 express bus routes, park and ride lots, and HOV improvement projects. Nearly 2,000 commuter rail riders and 20,000 bus riders would lose daily service and much needed road improvements, and transit alternatives might never be built. The procedent this could set is the question of when a vote for a project is foal - the first time, the second time, the third time? See attached editorial. To be fair, the legislature is concerned about cost overruns and so is the Sound Transit Board. Those costs come out of the North Seattle link rail budget and the South King light rail budget. The board has specific budget for Sounder Commuter rail projects and maintenance and operation, and there is specific budget for regional express bus and Community connections projects, such as Federal Way is receiving. We must not raid other sub-areas for funds or raid other lines of business, either. As always, I welcome your comments/questions. Please feel free to contact me at 253- 661-4013, or 253-927-6482 LOCAL JURISDICTION MEETING 1995 PERSON TRIPS 2010 PERSON TRIPS 0 ... 120,000... 240,000 ... 360,000 Source: Puget Sound Region Council PAGE 6 THE N g BUNE TACOMA. WASH[NGTObl ESTABLISHED 1883 Elizabeth Brenner, Publisher David A. Zeeck David Seago Executive Editor Editorial Page Editor ()UR (.)PINI()N Opponents' poll bolsters light rail Last year, when it became clear that Sound Transit's hght rail project was facing serious construction delays and $700 million worth of cost overruns, critics pounced. For many months now, they have been citing the higher costs and schedule setbacks as evidence that the planned 22- mile light rail line - which would run from Sea-Tac Airport to Seattle's University District - is fatally flawed and ought to be junked. Seattle merchants have joined the anti-rail chorus, and some lawmakers in Olympia have advocated legislation to force new elections on the regional transit plan that was approved by Puget Sound voters in 1996. One group, ~Free Ride Express,' has been ·. ~ touting free and expanded bus service as an alternative to light rail. AGI~NDA' For all the din these rail opponents have been creating, one might be tempted to 2001 conclude that the people of King, Pierce and Snohomish county have been horrified by the overruns and are eager to abandon the whole enterprise. The folks at Free Ride Express must have thought so, too. In January, they commissioned a Boston-based polling company to gauge public support for light rail in the three-county area. The results are in - and it seems that a hefty majority of Puget Sounders still supports the project. The pollsters found that 61 percent o/their random sample still think light rail is a good idea (that compares rather well with the 58 percent favorable vote it got in 1996). Of course; Free Ride Express wanted to get its money's worth, so part of the poll was devoted to talking the respondents into supporting free buses instead. The survey nevertheless indicates that broad public support still exists for a project that is supposedly the epitome of folly and waste. Fifty percent of the respondents wanted work on the rail line - which eventually is to reach Tacoma and Everett - to begin immediately. This isn't surprising. Unlike various elitists in Seattle and Bellevue, the vast majority of Puget Sounders see the hellish congestion on Interstate 5 every rush hour and draw the obvious conclusion: There has to be an alternative. The alternative is not begging commuters to share seats with the drunks, petty criminals and transients who enjoy circling around town on free buses - buses mired in the very conges- tion that light rail would bypass. A number of large American cities have already tried solving their traffic problems with free bus service. It has been a failure in every case. As for the new elections some want to use to bushwhack Sound Transit, it would have made as much sense to hold referendums on the future of Interstate 5 as each new stretch was built. It's a fact of life that projects of this magnitude run into unexpected difficulties and expenses, and disrupt neighborhoods and businesses. Few highways, airports or rail lines would ever be built if they had to win popularity contests at every stage of co~'. ruction. Or perhaps we ought to hold new legqslative elections this week, now that the Legislature has convened and we've found out how daffy some of our representatives really are. People may have changed their minds since November. Editorial about Sound Transit land purchases was misleading small portions might be needed, since the ex- VIEWPOINT: Resale revenues are projected at less than 30 cents on the dollar - hardly a case of for-profit speculation By David Enslow Your editorial, "A bad way to buy public land" (TNT, 2-21), is misleading at best. Sound Transit is not purchasing and legally cannot purchase properties for speculation or profit in the real estate market. When it is time to do so, the agency will purchase only the amount of property it needs to build the Link light rail system. As with any major construction project, we will need some property temporarily to stage construction work and to accommo- date construction equipment. Since this property won't be needed after the light rail system is built, it will be sold between 2009 and 2011 to help recoup investments by Sound Transit taxpayers and reduce overall project costs. Sound Transit should be applauded for re- turning as much property as possible to the private market and for trying to recover the taxpayers' investment. Sound Transit has currently budgeted more than $330 million for Link light rail property purchases. If Sound Transit later sells sur- plus properties and receives projected rev- enue of about $95 million, this representg a recovery rate of less than 30 cents on the dol- lar - hardly a "profit" by anyone's definition. Indeed, this action will have the double bene- fit of returning properties to the tax rolls and spurring new development to help achieve the visions of neighborhood improvement plans. As your editorial correctly points out, by law any property needed for building any public works Project, including light rail, must be purchased at fai'r market value as de- termined by an independent property ,ap- praiser. Fair market is based on today s real estate values, not projected or future specula- tion. Sound Transit is committed to doing everything we can to assist property owners and their tenants, including paying relocation costs if we need to purchase their property. For budget and environmental planning purposes, Sound Transit initially estimated costs of property based on all parcels that could potentially be needed. Sound Transit took this cautious approach so as not to un- derestimate the total cost of the project. This included estimating the cost and impact of pu,-chasing entire properties even if only act light rail route and the precise right-of- way have yet to be decided. Until Sound Transit completes the final de- sign of the central Link light rail route, we won't know exactly how much or even which properties will need to be purchased. Once the final route and a more precise right of way are determined, Sound Transit will evaluate ex- actly what partial slivers or full property pur- chases are needed. Then an independent full and fair appraisal will take place, and Sound Transit staff will negotiate with property own- ers on the purchase price. If a property owner is not happy with Sound Transit's offer, that owner can have 'the fair market value of the property determined in a court of law. Under current plans, 2003 would be the earliest Sound Transit would need to pur- chase property in southeast Seattle's Rainier Valley. Right now Sound Trans{t is prohibited from purchasing any property in the Rainier Valley pending the outcome of a federal court case. Exceptions may be made only if the court agrees. If someone wishes to sell their property before 2003 due to financial hard- ship, relocation complexity or other issues, Sound Transit could work with them on a case-by-case basis. As we are already experiencing with our Sounder commuter rail service, new transit systems inspire increased business and hOus- ing development. To help ensure the maxi- mum benefits that light rail will bring, the City of Seattle is working closely with neigh- ' borhood planning groups to implement new .zoning regulations that encourage mutually beneficial transit-oriented development. The Link light'rail system will bring signifi- cant long-term benefits to the region. The light rail trains will be fast, environmentally clean, reliable and won't be stuck in road con- gestion. We will see increased economic devel- opment, enhanced neighborhoods and signifi- cantly improved transit access to jobs throughout the region. Admittedly, in the short term there will be some impacts during construction, and we all need to work together to address them. We are committed to ensuring that the Link light rail project improves public transit while also benefit- ing the neighborhoods through which it passes. David Enslow, a Sumner City Council member, is the vice chair- man of Sound Tra,nsit. SKCTA History · Based on similar program in Tacoma - the "Tacoma Network" · [nitlated by State Pep. Mark Miloscla and U.S. Pep. Adam Smith · Summer 2000 - Present · City staff involved since Fall 2000 SKCTA - What is it? · Dialogue on how to recruit high-tech businesses to South King County · Seattle, Tacoma, & Eastside have seen growth high-tech industry, but South King County largely has not · Find out benefits & barriers to locating in South King County SKCTA Participants · Loose coalition of Federal, State, City, Chambers, others: a Federal: Rep. Smith's office · State: Rep. Niloscia's office, Governor's Office, Office of Trade & Econ. Development · Cities: Federal Way, Burien · Chambers: Federal Way, Kent, SW King Co. · Others: King Co., Highline College, Wash. Software Alliance, Tacoma Network SKCTA Mission & Vision · '[To bring] together private and public leaders in a forum where participants ensure a common vision, identify necessary infrastructure, and coordinate implementation plans for increasing the presence of high technology businesses in our area.' · Vision: · 'So. King Co. is recognized as a region that supports the recruitment and retention of high-tech businesses through public-private cooperation, easy access to major shipping portals, quality infrastructure, appropriate zoning, consistent permitting processes, highly-educated workers, and regional marketing efforts.' SKCTA - How it benefits the city · Business recruitment, generally · High-tech businesses are especially consistent with the downtown vision SKCTA - "High-tech CEO Session" · Invite CEOs from medium-sized high-technology businesses · Duplicate the Tacoma Network · Discuss benefits/barriers to locating in South King Co u nty · 3/20/01, 9:00 a.m., Highline C.C. Board Room SKCTA - "High-tech CEO i n" cont'd · Participants: · Federal Way: Weyerhaeuser/Quadrant, Capital One, Syntax, DeVry, TCM, Team Vision, & Net Venture · Other communities have invited similar types of developers and high-tech representatives SKCTA - Next Steps · Maintain the dialogue · Increase other city/chamber Involvement · Discuss implementation plans · Incorporate CEO feedback · Could include changes to marketing/recruiting efforts and recommendations on zoning and infrastructure issues · See what happens! 2 Eric McR~ynolds_ 135 So. 357 Th. St. Federal Way, WA 98003-8602 Okay, here's the story well it first s~rts offwhen, I'm skateboarding in front of Mike Weinmen'~ home and I hear gun shots and .there coming from down the street. I see William Riles, and Josh Long z _hooting something, but [ ignore it and go back to skateboardlng, then they come runningupxhe gtreet ox the hill_..But, fight when they come about 10 feet away, Josh Long says, "Hey, William do you think I will shoot him" then a~, ' '-" ~hat' William s S, "Yeah, but eon t. J ~ when _lo~h ghootsme in J~he stomach. TheatJo~h says, "Don't worry its not powefft__d." Then W~amtakes his B-B gun out of his pocket and starts firing about 20 timesinmy face/~t~s an amomatie) but its not loaded_he then say," Your lucky its not loade~ ox yott w~fld have got c~[," but, in the meantime Derek Do~(!e is doing nothing but~:,ging~tong That's ~hea~osh say, "Do you_think I break that ~window on that car." ~nd ]&ay, "Y~b~ b~_;t don'X" then.he s~ys ~g~in~ '~lon't worry it won't br~lU' Then afiex t_!~t_ l~-~ i~ tl~.~o~g~ ~Bob's c~r brak~ into about a million pieces. Then they ran all of timmsayixt~"Ol~ (f. out~ia.n~.m..ge) lets hook out of here." Then I go running to find Bob thatLs theeaxtxffxhis iveiclent. Guns in the incident 2 .Guns (1 was antmloaded automatic air ~ axed t ~ single-powered air pistol.) people in the incident William Riles Josh Long, and Derek Doyle- CITY OF ~ CITY COUNCIL MEETING SIGN-UP SHEET NAME: ADDRESS: (op.o.aO PHONE: (optional) I understand I have a &minute time limit to speak. I also understand the Mayor may interrupt any citizen whose comments continue too long, relate negatively to other individuals, or are otherwise inappropriate. - I WISH TO TESTIFY TO THE CITY COUNCIL ON THE FOLLOWING AGENDA ITEM AND/OR ISSUE: IN SUPPORT IN OPPOSITION IN LIEU OF SPEAKING, I REQUEST THE MAYOR READ MY COMMENTS INTO THE RECORD Any written comments: PLEASE COMPLETE SIGN-UP SHEET AND PRESENT TO THE CITY CLERK PRIOR TO SPEAKING K:\CLERK\SIGNUP. SHEET