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Council PKT 02-05-2002 Special/Regular City of Federal Way City Council Meeting AGENDA CO UN CILMEMBERS Jeanne Burbidge, Mayor Eric Faison Linda Kochmar Mary Gates Dean McColgan Michael Hellickson Mike Park CITY MANAGER David H. Moseley Office of the City Clerk February 5,2002 AGENDA FEDERAL WAY CITY COUNCIL Council Chambers - City Hall February 5, 2002 (www.ci.federal-wav.wa.usi ***** I. SPECIAL SESSION - 4:30 p.m. CALL MEETING TO ORDER II. COMMISSION VACANCY INTER VIEWS Human Services Commission III. ADJOURNMENT ***** SPECIAL SESSION - 5:30 p.m. I. CALL MEETING TO ORDER BRANDING PROCESS Oualitatiye Research Findings II. III. ADJOURNMENT *.... REGULAR MEETING - 7:00 p.m. I. CALL MEETING TO ORDER II. PLEDGE OF ALLEGIANCE over please. . . III. IV. v. a. b. c. d. e. f g. h. VI. a. b. VII. PRESENTATIONS a. b. Sign Incentatiye Recognition Arts Commission Introductions/Certificates City Manager/Introduction of New Employees City ManagerÆmerging Issues: c. d. CITIZEN COMMENT PLEASE COMPLETE THE PINK SLIP & PRESENT TO THE CITY CLERK PRIOR TO SPEAKING. 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 for the record. PLEASE LIMIT YOUR REMARKS TO THREE (J MINUTES. The Mayor may interrupt citizen comments that continue too long. relate negative(v 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 Counci/member for separate discussion and subsequent motion.) Minutes/January 15 2002 Regular Meeting Voucher Monthly Financial Report/December 2001 Planning Commission WorkplanlReyiew Process for Deyelopment Agreement 401 Governmental Money Purchase Plan Changes/Resolution 457 Deferred Compensation Plan Changes/Resolution Bobcat Skid Steer Loader Trade Out Program 5-Cubic Yard Dump Truck Purchase CITY COUNCIL BUSINESS Human Seryices Commission Appointments City Council Retreat/Resolution INTRODUCTION ORDINANCE Council Bill #293/Chanl!-es to Thresholds Requiring Right-of-Way Improvements (25% Trigger) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 22 (ZONING) OF THE FEDERAL WAY MUNICIPAL CODE TO ADDRESS FRONTAGE IMPROVEMENTS. VIII. CITY COUNCIL REPORTS IX. CITY MANAGER REPORT X. EXECUTIVE SESSION a. b. Property Acquisition/Pursuant to RCW 42.30.llO( I )(b) Potential Litigation/Pursuant to RCW 42.30.ll0(l)(i) Collective Bar~ainingIPursuant to RCW 42.30.140(4)(a) c. XI. ADJOURNMENT .. THE COUNCIL MAY ADD AND TAKE ACTION ON OTHER ITEMS NOT LISTED ON THE AGENDA .. THE COMPLETE AGENDA PACKET IS AVAILABLE FOR REVIEW AT CITY HALL AND ALSO ON THE CITY'S WEBSITE UNDER "NEW-FEDERAL WAY DOCUMENT LIBRARY" MEETING DATE: February 5, 2002 ITEM# =ïL(¿(,) CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES CATEGORY: BUDGET IMPACT: ~ CONSENT D RESOLUTION D CITY COUNCIL BUSINESS D ORDINANCE D PUBLIC HEARING D OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ATTACHMENTS: Draft minutes of the regular City Council meeting held on January IS, 2002. SUMMARY/BACKGROUND: Official City Council meeting minutes for pennanent records pursuant to RCW requirements. CITY COUNCIL COMMITTEE RECOMMENDATION: n/a PROPOSED MOTION: "] move approyal of the minutes of the City Council regular meeting held on January 15,2002. CITY MANAGER APPROVAL: ~ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: D APPROVED D DENIED D TABLEDIDEFERRED/NO ACTION D MOVED TO SECOND READING (ordinances only) COUNCIL BILL # ] ST reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/1 0/2001 FEDERAL WAY CITY COUNCIL Council Chambers - City Hall Regular Meeting January 15,2002 - 7:00 p.m. t)~ ~f1 Minutes I. CALL MEETING TO ORDER Mayor Burbidge called the regular meeting of the Federal Way City Council to order at the hour of70] p.m. Councilmembers present: Mayor Jeanne Burbidge, Deputy Mayor Dean McColgan, Councilmembers Eric Faison, Mary Gates, Linda Kochmar, and Mike Park. Mayor Burbidge excused Councilmember Hellickson's absence. Staff present: City Manager Dayid Moseley, City Attorney Bob Sterbank, City Clerk Chris Green, and Deputy City Clerk Stephanie Courtney. II. PLEDGE OF ALLEGIANCE Councilmember Park led the flag salute. III. PRESENTATIONS a. Outgoing Mayor and Deputy Mayor Recognition Mayor Burbidge presented an honorary gayel on behalf of the City Council to outgoing Mayor Mike Park recognizing his leadership throughout his term as Mayor. Councilmember Park accepted the recognition, thanking Mayor Burbidge and his colleagues. Mayor Burbidge presented a certificate of recognition on behalf of the City Council to outgoing Deputy Mayor Linda Kochmar for her dedication throughout her term of Deputy Mayor. Councilmember Kochmar accepted the certificate, thanking Mayor Burbidge and her colleagues. b. City Manager/Introduction of New Employees City Manager Dayid Moseley announced and welcomed the following new employees: Christine Faucher, Court Clerk for the Municipal Court; Kelli Heslin, Office Technician city of Federal Way City Council Regular Meeting Minutes January 15, 2002 - Page 2 II for the Community Deyelopment Department; and Chris Pyle, Fleet Maintenance Coordinator for the Management Services Department c. City ManagerÆmerging Issues: City Manager David Moseley briefly outlined the procedures to be followed for the Oxford House presentation. He noted yarious staff members would present information followed by an opportunity for Council questions, citizen comments and Council discussion. Staff Report Community Development Services Director Kathy McClung outlined the chronology of events associated with the Twin Lakes Oxford House, beginning in April 2000 through January 9, 2002. Community Deyelopment Services/Human Services Manager Ann Guenther presented information relating to the Community Development Block Grant (CDBG) program and requirements. Police Chief Anne Kirkpatrick presented information regarding "calls for service" at various Oxford Houses in the area, including both King and Pierce County locations. City Attorney Bob Sterbank presented information and analysis ofyarious legal questions that were raised regarding the location of the Federal Way Oxford House. City Manager David Moseley summarized the information given by staff City Council Questions Citizen Comment Greg Eklund, Dean Owen Barbara Bergman Myla Montgomerv Judith Carlson David McKenzie, Mike McLeod Kelly McKenzie Bob Dahl Tom Jackman Janet Owen Darleen Cady Jeff Zimmerman spoke in opposition to the Oxford House locating in the Twin Lakes neighborhood. Johnny Perkins Warren Edmonson Kimberly Cox Cari Hutchinson Joby Boyd. Tim McClain Rodney Logsdon Charlee Abdon Janice Hougen Rick Friedhoff Joseph Sidbury Dave Wright, Kenneth Waddell. Faye McClain Tim A. McClain, Jeffery City of Federal Way City Council Regular Meeting Minutes January 15, 2002 - Page 3 Consolatti. Sherry Nielseki Malik Mobley. Walter Harris and Ron Gintz spoke in support of the Oxford House. Thel Jackson and Jerry Waters, had their written comments read into the record in support of the Oxford House. COUNCILMEMBER PARK MOVED TO SUSPEND THE RULES OF PROCEDURES TO EXTEND THE MEETING TIME PAST 10:00 P.M. AND RECESS FOR A TEN MINUTE BREAK; COUNCILMEMBER GATES SECOND. The motion passed as follows: Burbidge Gates Faison Hellickson yes yes yes absent Kochmar McColgan Park yes yes yes Council returned to chambers at 10:05 p.ffi. City Council Discussion Councilmembers asked staff for further clarification on a yariety of issues regarding the Oxford House issue. COUNCILMEMBER KOCHMAR MOVED TO DIRECT CITY STAFF TO REVIEW A CODE AMENDMENT AND REFER IT TO THE LAND USEITRANSPORTA TION COMMITTEE; COUNCILMEMBER FAISON MOVED A FRIENDLY AMENDMENT TO THE MOTION TO DIRECT CITY STAFF TO RESEARCH A POTENTIAL CODE AMENDMENT AND REFER IT TO THE LAND USEITRANSPORTATION COMMITTEE; DEPUTY MAYOR MCCOLGAN SECOND. The motion as amended passed as follows: Burbidge Gates Faison Hellickson yes yes yes absent Kochmar McColgan Park yes yes yes IV. CITIZEN COMMENT H David Kaplan. commented on the City Council retreat that occurred oyer the weekend. City of Federal Way City Council Regular Meeting Minutes January 15, 2002 - Page 4 Trise Moore, reminded the City Council and citizens of the upcoming Martin Luther King Jr. Celebration that would be held Monday, January 21" at Decatur High School. V. CONSENT AGENDA a. b. Minutes/January 2. 2002 Regular Meeting -Approved Voucher-Approved Monthly Financial ReportlNovember 200 I-Approved c. DEPUTY MAYOR MCCOLGAN MOVED APPROVAL OF THE CONSENT AGENDA AS PRESENTED; COUNCILMEMBER GATES SECOND. The motion passed as follows: Burbidge Gates Faison Hellickson yes yes yes absent Kochmar McColgan Park yes yes yes VI. CITY COUNCIL BUSINESS a. Mayoral Appointments to Council & Regional Committees Mayor Burbidge announced the following appointments Parks, Recreation, Human Services and Public Safety Committee: Councilmember Kochmar (chair), Councilmember Park, and Councilmember Gates. Land Use and Transportation Committee: Councilmember Faison (chair), Councilmember Park, and Deputy Mayor McColgan. Finance, Economic Development, and Regional Affairs Committee: Councilmember Hellickson (chair), Councilmember Gates, and Councilmember Faison. Lodging Tax Adyisory Committee: Deputy Mayor McColgan (chair). Airport Communities Coalition Executive Board Member: Councilmember Kochmar, Councilmember Faison (alternate). CityIFederal Way School District Liaison Committee: Mayor Burbidge and Councilmember Gates. City of Federal Way City Council Regular Meeting Minutes January 15, 2002 - Page 5 CityfLakehayen Utility District Liaison Committee: Mayor Burbidge and Councilmember Hellickson. Sound Transit Executiye Advisory Committee members: Mayor Burbidge and Councilmember Park. City/Federal Way Chamber of Commerce Economic Development Committee: Mayor Burbidge and Councilmember Gates. Potential Annexation AIea Steering Committee: Councilmember Faison and Councilmember Kochmar. b. Arts Commission Appointments Councilmember Kochmar noted they have fine applications for the Arts Commission vacancies and was pleased to make the following motion. COUNCILMEMBER KOCHMAR MOVED APPOINTMENT OF THE FOLLOWING PEOPLE TO COMMISSIONER POSITIONS: JOSEPH MARTINEZ, JACQELINE PETERSON, AND REGINA BIGLER; AND FURTHER MOVED APPOINTMENT OF THE FOLLOWING PEOPLE TO ALTERNATE COMMISSIONER POSITIONS: BONNIE KNIGHT-GRAVES, AND ORISADE A WODOLA. The motion passed as follows: Burbidge Gates Faison Hellickson yes yes yes absent Kachmar McColgan Park yes yes yes VII. CITY COUNCIL REPORTS Council member Gates reported on her attendance at various regional meetings including Sound Transit Finance Committee, Puget Sound Regional Council and the Regional Transit Committee, she further updated Council on upcoming meetings. Councilmember Kochmar announced the next meeting of the Parks, Recreation, Human Services, and Public Safety Committee would be held February II th at 12:00 noon. She extended her thanks to staff on their hard work on the past City Council retreat, and encouraged Councilmembers and citizens to attend the annual Martin Luther King Jr. Celebration on January 21" at Decatur High School. City of Federal Way City Council Regular Meeting Minutes January IS, 2002 - Page 6 Councilmember Faison announced the next meeting ofthe Land Use and Transportation Committee would be held January 28th at 5:30 p.m. Councilmember Park had no report this evening. Deputy Mayor McColgan also extended his thanks to staff for their hard work on the past Council retreat, and for their work and research on the Oxford House report. Mayor Burbidge noted she would be attending the Chamber of Commerce Economic Forecast breakfast on January 16th at the King County Aquatic Center. She updated Council on her attendance at various regional meetings, and announced upcoming eyents in the community. VIII. CITY MANAGER REPORT City Manager David Moseley reported the State Legislature has convened, and noted the major issues are state funding and transportation. Mr. Moseley announced the Parks and Recreation Commission would be holding a Public Meeting at Illahee Jr. High, January 17th at 6:00 pm. to discuss the acquisition of the AImstrong property He recommended that everyone attend the Martin Luther King Jr. Celebration, January 21 ,t at Decatur High School, he noted this is a wonderful eyent to attend. This year's theme is "Building Bridges - Breaking Barriers... Shaping the Dream", with keynote speaker Dr. John Walker, American Ethnic Studies Professor at the University of Washington. City Manager David Moseley announced he would be attending the Suburban Cities meeting on January 16th at 6:00 p.m. in Tukwila. Mr. Moseley reported there is not an executiye session needed this eyening. Ix. EXECUTIVE SESSION a. Potential LitigationlPursuant to RCW 42.30.110(1 )(i) - canceled City of Federal Way City Council Regular Meeting Minutes January 15, 2002 - Page 7 x. ADJOURNMENT There being no further business to come before the City of Federal Way City Council, Mayor Burbidge adjourned the regular meeting at 10:50 p.m. Stephanie D. Courtney Deputy City Clerk ,¿;z ~ .s:- MEETING DATE: JaIlU"'Y 222002 ITEM# AØJ CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: VOUCHERS CATEGORY: BUDGET IMPACT: ¡g¡ CONSENT D RESOLUTION 0 CITY COUNCIL BUSINESS 0 ORDINANCE D PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $1,276,600.21 $1,276,600.21 $ A TT ACHMENTS: VOUCHER LIST SUMMARY/BACKGROUND: I, the undersigned, do hereby certify under penalty ofpeJjury that the materials haye been fbrnished, thc service" rendered, or the labor perfonned as described herein and that the claims are just and due obligations against the City of Federal Wa - Wash' gton, and ¡f I am authorized to authenticate and certify said claims. Approye attached youchers pursuant to RCW 42,24 PROPOSED MOTION: I moye approyal of Vouchers, CITY MANAGER APPROVAL: ~ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: D APPROVED D DENIED D TABLED/DEFERRED/NO ACTION D MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # REVISED-O5/10/2001 (I) FROM: UlnUJ u~ lL':' i"..' ..'... "UUVun" , V FAX NO. : Jan. 29 2002 03: 13PM P3 CITY 'F~ d:. EDERAL ~~~~ MEMORANDUM Date: J8n\Jl!l'Y 22. 2002 Finance. Economic Development & Regional Affairs Commillee To: From: SubJ.ct: Tho Kraus. Financial Management Supervisor Vouch... ActIon R""..ated: Þoccept tho:! voua,ørs and forward to the next CoLl1ci1 meeting for fun Council approvel, . IRnlacdl""\'IChedtrunlmfr _,doc apChkLst Final Check List Page: 1 01/11/2002 3:23:35PM CITY OF FEDERAL WAY Bank: key us bank Check # Date Vendor Invoice Iny Date Description Amount Paid Check Total 163990 1/2/02 006073 REGAN, WILLIAM 02-46081 12/30/01 PWST-REFUND BOND: ROW 700.00 700.00 Voucher: 163990 163991 1/2/02 006074 ARMSTRONG,MARGARET PROP. ACQUIS 12/30/01 PKS- PROPERTY ACQUISITI 10.00 10.00 Voucher: 163991 163992 12/30/01 000947 YOUR INC DBA Dec'01 1/3/02 INVOICE 2707/2705/2704 DEC 2,615.00 2,615.00 Voucher: 163992 163993 1/9/02 004258 WA STATE-DEPT OF LlCENS SCHUMACHER 12/30/01 PS-REMIT STATE FEES: SCH 15.00 15.00 Voucher: 163993 163994 1/9/02 004628 WA STATE PATROL IDENTIF SCHUMACHER 12/30/01 PS-REMIT FBIIWSP FEES 49.00 49.00 Voucher: 163994 163995 1/11/02 005659 A HIGHER PLANE PRCS-FLOOR 12/21/01 PRCS-MAINT COATINGS;- 1,520.40 1,520.40 Voucher: 163995 163996 1/11/02 001233 AT & T BUSINESS SERVICE 2538389009 12/7/01 MSTEL-LONG DISTANCE SV 45.90 Voucher: 163996 2538350983 12/15/01 MSTEL-LONG DISTANCE SV 53.21 2535298742 12/15/01 MSTEL-LONG DISTANCE SV 17.09 253661 3748 12/10/01 MSTEL-LONG DISTANCE SV 12.15 N 253661 7389 12/13/01 MSTEL-LONG DISTANCE SV 15.30 143.65 163997 1/11/02 000075 AT & T WIRELESS SERVICES 047-20405718 12/30/01 MSTEL-CELL AIR TIME 1,118.28 Voucher: 163997 25028069 12/12/01 MSTEL-CELL AIR TIME 45.05 1,163.33 163998 1/11/02 000385 ACCOUNTEMPS 06728742 12/25101 TEMP FINANCE OFFICE STA 1,230.80 Voucher: 163998 06758754 12/30/01 TEMP FINANCE OFFICE STA 1,000.03 06728743 12/25/01 TEMP FINANCE OFFICE STA 1,230.80 3,461.63 163999 1/11/02 001856 ACTION SERVICES CORPOR 34193 12/31/01 PWS-STREET SWEEPING S 2,961.20 2,961.20 Voucher: 163999 164000 1/11/02 000109 ACTIVE SECURITY CONTROL 12748 12/27/01 PS-LOCKSMITH SERVICES 41.58 Voucher: 164000 12738 12/11/01 MSDP- MAKE A KEY 21.56 63.14 164001 1/11/02 000568 AGRI SHOP INC 01968911 11/26/01 PKM-SHEARS & HOLSTER 74.62 74.62 Voucher: 164001 164002 1/11/02 006084 ALICEA-GALVAN, VERONICA LAW RFC 12/28/01 LAW-PROTECTION ORDER 51.00 51.00 Voucher: 164002 164003 1/11/02 000721 AMERICAN CONCRETE INC 0077044 12/21/01 PWS-5/8 CRUSHED ROCK 537.89 Voucher: 164003 0035849 12/19/01 PWS-SUPPLlES, ECOLOGY B 260.40 798.29 Page: 1 apChkLst Final Check List Page: 2 01111/2002 3:23:35PM CITY OF FEDERAL WAY Bank: key us bank (Continued) Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 164004 1/11/02 003645 AMERICAN JANITORIAL SER 1961 12/31/01 PKDBC-JANITORIAL MAINT S 1,635.50 Voucher: 164004 1849 12/5/01 PKDBC-JANITORIAL MAINT S 225.30 1959 12/10/01 PKDBC-KEPLER COLLEGE 1 1,338.10 1962 12/31/01 PKKFT-JANITORIAL MAINT S 456.00 1960 12/7101 PKDBC-SOCIAL SERVICE LO 298.90 3,953.80 164005 1/11/02 005027 AMERICAN MUSIC 471056 12/17/01 PKKFT-MUSIC EQP/REPAIRS 1,470.36 1,470.36 Voucher: 164005 164006 1/11/02 003129 AMS LASER SUPPLY 320517 12/11/01 MSDP-PRINTER TONER 3,227.55 3,227.55 Voucher: 164006 164007 1/11/02 005501 ANDREWS, AMY CA16473FW 12/10/01 DC-INTERPRETERCA# 30.00 30.00 Voucher: 164007 164008 1/11/02 004669 AT&T BROADBAND MSGAC-122701 12/27/01 MSGAC-DMX MUSIC SVC 72.54 72.54 Voucher: 164008 164009 1/11102 000575 ATTORNEYS INFORMATION B1538 11/30/01 lAW-OCT 2001 MEMBERSHI 54.95 54.95 Voucher: 164009 164010 1/11/02 005587 AVAYAINC 2712380623 12/12/01 MSTEl-SYS MAINT 1,703.86 1,703.86 Voucher: 164010 r() 164011 1/11/02 001604 BALL, GIGI Y 15597 12/17101 MC-INTERPRETER:CA# 35.00 35.00 Voucher: 164011 164012 1/11/02 005421 BARGER, KENNETH CAO018521 12/17101 MC-INTERPRETERCA# 40.00 Voucher: 164012 CA17041 12/24/01 MC-INTERPRETERCA# 40.00 80.00 164013 1/11/02 002945 BEVERLY'S HAPPY KEYBOARPRCS-DBC 12/7/01 PKKFT-PIANO TUNING:LlNDE 105.00 105.00 Voucher: 164013 164014 1/11/02 005098 BIG 0 TIRES 4 lESS & AUTO 243124 11/27/01 PS-REPAIRS 720.08 Voucher: 164014 243611 12/11/01 PS-REPAIRS 632.87 243671 12/13/01 PS-MISC SUPPLIES 541.24 242952 11/21/01 PS-REPAIRS 393.32 243358 12/3/01 PS-REPAIRS 374.01 243792 12/17/01 PS-COOLING SYSTEM DIAG 35.36 243167 11/28/01 PS-REPAIRS 959.43 243840 12/19/01 PS-REPAIRS # WIPER BlAD 26.91 243676 12/13/01 PS-ALIGNMENT -54.35 243837 12/19/01 PS-Oll & FilTER 15.77 244018 12/26/01 PS-REPAIRS # Oil CHANGE 15.77 244013 12/26/01 PS-REPAIRS # Oil CHANGE 15.77 3,676.18 - Page: 2 apChkLst Final Check List Page: 3 01/11/2002 3:23:35PM CITY OF FEDERAL WAY Bank: key us bank (Continued) Check # Date Vendor Invoice Jnv Date Description Amount Paid Check Total 164015 1/11/02 001630 BLUMENTHAL UNIFORM CO I 223014 12/28/01 PS-UNIFORM - PANT, WOOL 234.90 Voucher: 164015 223374 12/28/01 PS-UNIFORM SHIRT, SEW Z 193.01 222535 12/28/01 PS-UNIFORM FASTENER, SH 112.55 225475 12/28/01 PS-UNIFORM SHIRT - SEW E 102.49 226047 12/31/01 PS-BOOT 8" BLACK PLAIN T 100.00 225767 12/28/01 PS-UNIFORM BOOT STEALT 86.99 225706 12/27/01 PS-SHOE, MIDNITE PLUS MN 81.55 219066 12/26/01 PS-UNIFORM MISC. EXPLOR 272.00 218900-80 12/28/01 PS-UNIFORM - SHIRT L/S/ P/ 51.08 224266 12/28/01 PS-UNIFORM SEW ON YEAR 4.90 224239 12/21/01 PS-UNIFORM CLOTHING - T 47.87 218438 11/24/01 PS-MISC FOOTWARE - WAS 41.29 222537 12/28/01 PS-UNIFORM FASTENER & W 20.67 224078 12/28/01 PS-UNIFORM - ALTER WAIST 6.53 1,355.83 164016 1/11/02 005032 BOBCAT NORTHWEST B02708 12/7/01 PKM-BOBCAT TRACKS 2,487.17 2,487.17 Voucher: 164016 164017 1/11/02 004866 BRIM TRACTOR COMPANY I W035687 11/20/01 MSFL T-REPAIR/MAINT SVC 1,128.27 1,128.27 -r Voucher: 164017 164018 1/11/02 005516 CAFE DE PARIS 183731 12/20/01 PS-LUNCH:INTERVIEW PANE 45.40 45.40 Voucher: 164018 164019 1/11/02 000414 CAFE PACIFIC CATERING IN 5425 12/18/01 PKDBC-CATERING SVCS 118.32 Voucher: 164019 5424 12/18/01 PKDBC-CATERING SVCS 54.40 5429 12/21/01 PKDBC-CATERING SVCS 163.20 5411 12/17/01 PKDBC-CATERING SVCS -169.08 164020 1/11/02 002781 CARLSON, AURORA PS- TUITION 12/20/01 PS-REIMB:TUITION FUNDS- 375.50 Voucher: 164020 164021 1/11/02 004359 CENTURY SQUARE SELF-S 3531 12/22/01 PWSWR-STORAGE FEES FO 574.50 Voucher: 164021 164022 1/11/02 001481 CH2M HILL NORTHWEST INC 3301347 12/13/01 PWS-S 312TH TO S 324TH/S 4,449.08 Voucher: 164022 164023 1/11/02 003325 CHUCKALS INC 180434-1 12/26/01 MC-OFFICE SUPPLIES 27.19 Voucher: 164023 180583-0 12/20/01 MC-OFFICE SUPPLIES 25.36 180434-0 12/11/01 MC-OFFICE SUPPLIES 22.26 164024 1/11/02 004412 CITY OF TACOMA/SURPLUS 208-01 11/30/01 PS-VEHICLE REPAIRS 1,846.23 Voucher: 164024 166.84 375.50 574.50 4,449.08 74.81 1,846.23 Page: 3 apChkLst Final Check List Page: 4 01/11/2002 3:23:35PM CITY OF FEDERAL WAY Bank: key us bank (Continued) Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total - 164025 1/11/02 005507 CLIFTON, THOMAS E AG 00138 12/17/01 PKRCS-DANCE CLASSES 280.00 280.00 Voucher: 164025 164026 1/11/02 001127 COMMUNITY HEALTH CENT 4Q:AG01-43 12/17/01 CDBG-DENTAL ACCESS PR 2,575.00 2,575.00 Voucher: 164026 164027 1/11/02 000063 CORPORATE EXPRESS OFF 28499643 12/17/01 PWA-OFFICE SUPPLIES 315.89 Voucher: 164027 28602142 12/17/01 PWA-OFFICE SUPPLIES 5.52 28707042 12/27/01 PWA-OFFICE SUPPLIES 111.62 28602149 12/20/01 MSDP-OFFICE SUPPLIES 30.03 28499647 12/17/01 PWST-OFFICE SUPPLIES 19.22 482.28 164028 1/11/02 004084 COUNTRY GREEN TURF FA 122973 12/4/01 PWS-PLANTING SUPPLIES S 1,616.44 1,616.44 Voucher: 164028 164029 1/11/02 003536 CREATIVE OFFICE FURNISH 02-48897 12/30/01 CD/HS-CHAIR FOR KELLI 0' 517.34 Voucher: 164029 01-48595 12/19/01 CH/HS-KEYBOARD DRAWER 7.61 01-48716 12/24/01 GOtHS-DOC HOLDER BALAN 7.61 532.56 164030 1/11/02 000854 D J TROPHY 205342A 12/11/01 MSHR-PLAQUE/ENGRAVING 7.07 7.07 Voucher: 164030 11\ 164031 1/11/02 005657 DATABASE TECHNOLOGIES ABOOO0379530 11/30/01 PS-AUTOTRACKXP 379.00 379.00 Voucher: 164031 164032 1/11/02 006081 DEMOCON, LLC BR-9618 12/17/01 SWMCIP-DISPOSAL SERVIC 2,475.00 Voucher: 164032 BR-9623 12/18/01 SWMCIP-DISPOSAL SERVIC 573.25 BR-9617 12/17/01 SWMCIP-DISPOSAL SERVIC 2,352.00 BR-9635 12/18/01 SWMCIP-DISPOSAL SERVIC 725.50 BR-9638 12/18/01 SWMCIP-DISPOSAL SERVIC 693.25 6,819.00 164033 1/11/02 703133 DESIGN DEVELOPMENT GRP 66177 12/10/01 CDPL-REFUND 01-XXXXXX- 1,346.63 1,346.63 Voucher: 164033 164034 1/11/02 005341 DODD, ESCOLASTICA ROSA INVOICE 12/14/01 MC-INTERPRETER:CA# 100.00 Voucher: 164034 INVOICE 12/26/01 MC-INTERPRETER:CA# 80.00 180.00 164035 1/11/02 006072 DON SCHUMACHER & ASSO RESEARCHTRI 12/30/01 AG-01-149 MULTIPURPOSE F 10,000.00 10,000.00 Voucher: 164035 164036 1/11/02 005842 DPKINC 7 12/31/01 PWS-23RD AVE SO ROADWA 127,923.86 127,923.86 Voucher: 164036 164037 1/11/02 005399 DYNA SYSTEMS 10402451 11/16/01 PKM-MTC SHOP SUPPLIES 209.42 209.42 Voucher: 164037 Page: 4 apChkLst Final Check List Page: 5 01/11/2002 3:23:35PM CITY OF FEDERAL WAY Bank: key us bank (Continued) Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total - 164038 1/11/02 000570 EAGLE TIRE & AUTOMOTIVE 1015483 12/10/01 PS-REPAIR 417.66 Voucher: 164038 1015252 11/30/01 PS-REPAIR 407.25 1015062 11/21/01 PS-REPAIR 315.14 1015505 12/12/01 PS-REPAIR 474.26 1015683 12/20/01 PS-REPAIR 148.65 1015744 12/26/01 PS-TIRE REPAIR 13.32 1015654 12119/01 PS-REPAIR 72.08 1015743 12126/01 PS-REPAIR 53.27 1015797 12/28/01 PS-LUBE OIL FILTER 25.01 1,926.64 164039 1/11/02 001879 EARTH TECH INC 47377-194525 12/3/02 PWST-S.288TH ST (SR99 TO 6,361.00 6,361.00 Voucher: 164039 164040 1/11/02 000097 EDEN SYSTEMS INC 12290 12/15/01 MSDP-EDEN SYSTEM UPGR 4,000.00 Voucher: 164040 12288 12/15/01 MSDP-EDEN SYSTEM UPGR 1,000.00 12289 12/15/01 MSDP-EDEN SYSTEM UPGR 95.88 12362 12/15/01 MSDP-EDEN SYSTEM UPGR 1,000.00 6,095.88 164041 1/11/02 003948 EDGEWOOD FIREPLACE SH 18810 12128/01 PWS-EQUIPMENT REPAIRS 42.51 42.51 Voucher: 164041 ~ 164042 1/11/02 005831 EKEMO PD D, BILL R PS-PRE EMPLY 12/10/01 PS-PRE-EMPLOYMENT PSY 750.00 750.00 Voucher: 164042 164043 1/11/02 000730 ENTRANCOINC 36733 12/21/01 PWSCIP-23RD AVE S RD 1M 18,308.00 Voucher: 164043 36734 12/21/01 PWSCIP-23RD AVE S RD 1M 3,794.74 22,102.74 164044 1/11/02 001046 EQUIFAX CREDIT INFORMATI3290367 12/30/01 PS-CREDIT REPORTS 21.72 21.72 Voucher: 164044 164045 1/11/02 000328 ERNIE'S FUEL STOPS (DBA) 11302001E 1/10/02 PS-FUEL FOR VEHICLES 3,085.47 Voucher: 164045 12152001E 1/10/02 PS-FUEL FOR VEHICLES 2,647.31 5,732.78 164046 1/11/02 004840 EVAC-EMERGENCYVEHICLE 100624 12/18/01 PS-GUN LOCK REPLACEMEN 119.24 Voucher: 164046 100636 12/26/01 PS-MISC REPAIR/SUPPLIES 91.14 100637 12/26/01 PS-MISC REPAIR/SUPPLIES 59.68 100635 12/26/01 PS-REPAIR OF UNIV NIGHT E 45.57 100628 12/20/01 PS-MISC REPAIR/SUPPLIES 134.54 100605 12/10/01 PS-MISC REPAIR/SUPPLIES 32.55 001547 10/16/01 MSFL T-REPAIR/MAINT SVCS 704.49 001597 10/20/01 MSFL T-REPAIR/MAINT SVCS 150.91 001987 12/26/01 MSFL T-REPAIRIMAINT SVCS 149.68 164047 1/11/02 001131 EVERGREEN AUTO ELECTR Voucher: 164047 482.72 1,005.08 Page: 5 apChkLst Final Check List Page: 6 01/11/2002 3:23:35PM CITY OF FEDERAL WAY Bank: key us bank (Continued) Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 164048 1/11/02 000609 EVERGREEN PACIFIC SUPP 2344275-00 1/11/02 PKM IRRIGATION SUPPLIES 384.34 384.34 Voucher: 164048 164049 1/11/02 001748 EVERSON'S ECONO-VAC INC 016442 12/19/01 SWM-VACUUM/JET ROD DIN 7,139.26 7,139.26 Voucher: 164049 164050 1/11/02 001297 FACILITY MAINTENANCE CO 035491 12/15/01 PKDBC-LANDSCAPE MAINT 28.29 28.29 Voucher: 164050 164051 1/11/02 001538 FAR PASTURES INC 52174 12/12/01 PKM-TREES 2,542.70 2,542.70 Voucher: 164051 164052 1/11/02 004270 FEDERAL WAY MIRROR 003493 12/8/01 MSC-ORDINANCE ADVERTIS 88.55 88.55 Voucher: 164052 164053 1/11/02 004302 FEDERAL WAY NEWS PW-PAPER 12/21/01 PWA-NEWSPAPER SUBSCR 24.00 24.00 Voucher: 164053 164054 1/11/02 005987 FEDERAL WAY POOL INVOICE 10/23/01 PKRLS-WATER AEROBICS C 57.70 57.70 Voucher: 164054 164055 1/11/02 001183 FEDERAL WAY PUBLIC SCHOAR02276 11130/01 PKM-SAGHALIE JR HIGH IR 2,939.56 2,939.56 Voucher: 164055 164056 1/11/02 001893 FEDERAL WAY SCHOOL DIS SIF-DEC'01 12130/01 MSF-REMIT IMPACT FEES 5,093.00 5,093.00 ,--, Voucher: 164056 r- 164057 1/11/02 000033 FIRESAFE/FIRE & SAFETY 033269 12/17/01 PS-RECHG EXTINGUISHER 14.65 14.65 '--' Voucher: 164057 164058 1/11/02 002870 FREEWAY TRAILER SALES I 008797 12128/01 MSFL T-VEHICLE REPAIRS/S 1942 1942 Voucher: 164058 164059 1/11/02 000738 G I JOE'S FEDERAL WAY SAC7123 1/10/02 PKM NAV GPS/ANTIFREEZE 438.20 Voucher: 164059 7123SAC 1/10/02 PKM LOCKS AND SUPPLIES - 65.26 50346 164060 1/11/02 003118 GALL'S INC 553282490101 11/30/01 PS-HOLSTERS 590.25 Voucher: 164060 550347270101 8/17/01 PS-UNIFORM CLOTHING 19348 553696630001 12/13/01 POLICE CLOTHINGIEQUIPME 127.92 911.65 164061 1/11/02 001052 GENUINE PARTS COMPANY 3241253 12/27/01 MSFL T-REPAIR SUPPLIES 19.02 Voucher: 164061 3241161 12/26/01 MSFL T-REPAIR SUPPLIES 108.29 3241364 12/28/01 MSFL T-REPAIR SUPPLIES 14.54 3241116-7 12/26/01 MSFL T-REPAIR SUPPLIES 13.94 155.79 164062 1/11/02 703130 GOSANKO,GARY 03-0036842 12/6/01 PS-REFUND TRAFFIC SCHO 34.00 34.00 Voucher: 164062 164063 1/11/02 000671 H D FOWLER COMPANY 1085006 12/14/01 SWMM-MISC. SUPPLIES, 12" 249.99 249.99 Voucher: 164063 Page: 6 apChkLst Final Check List Page: 7 01111/2002 3:23:35PM CITY OF FEDERAL WAY Bank: key us bank (Continued) Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 164064 1/11/02 000978 HANEY, JEFF 12312001JEFF 1/10/02 PKM-WORK BOOTS/HANEY- 97.73 97.73 Voucher: 164064 164065 1/11/02 003643 HELSELL FETTERMAN LLP 76293 11/29/01 LAW-LEGAL SERVICES 1,754.00 1,754.00 Voucher: 164065 164066 1/11/02 003210 HOUGH BECK & BAIRD INC 4158 9/1/01 DUMAS BAY RESTORATION 3,568.25 Voucher: 164066 4310 12/1/01 DUMAS BAY RESTORATION 1,761.50 4201 11/1/01 DUMAS BAY RESTORATION 1,897.40 7,227.15 164067 1/11/02 003560 HUNTERS TREE SERVICE 1081 12/18/01 PWS-TREE REMOVAL, REMO 325.80 325.80 Voucher: 164067 164068 1/11/02 005625 I/O SOLUTIONS LLC C10060A 12/17101 MSHR-PS TESTING FORMS 1,160.00 1,160.00 Voucher: 164068 164069 1/11/02 001431 ICON MATERIALS INC ICON 12/27/01 PWS-CRUSHED ROCKIGRA 193.00 Voucher: 164069 26740 12/19/01 PWS-CLASS B ASPHALT 80.35 26611 12/17/01 PWS-CLASS B ASPHALT 90.63 363.98 164070 1/11/02 000016 IKON OFFICE SOLUTIONS 1651943A 11/30/01 PS-SHREDDER OIL 72.35 72.35 Voucher: 164070 r--... 164071 1/11/02 002137 INLAND FOUNDRY COMPAN INLAND 12/27/01 SWM-18-24 FRAME & SOLID, 249.55 249.55 tJo Voucher: 164071 '---' 164072 1/11/02 003718 JENKINS, HARDY & ASSOC, PSTATEMENT 12/31/01 LAW-PUBLIC DEFENDER SV 16,102.00 16,102.00 Voucher: 164072 164073 1/11/02 004096 JOHNSON CHRISTIE ANDRE 5607 RLC 11/20/01 PS-LEGAL SERVICES 325.50 Voucher: 164073 5606 RLC 11/20/01 PS-LEGAL SERVICES 154.50 5609 RLC 11/20/01 PS-LEGAL SERVICES 318.50 5604 RLC 11/20/01 PS-LEGAL SERVICES 234.00 5605 5MB 11120/01 PS-LEGAL SERVICES 166.50 1,199.00 164074 1/11/02 004397 KDD & ASSOCIATES PLLC 16-3 12/31/01 PW-NEW HIGH SCHOOL ORA 1,743.50 Voucher: 164074 16-1 12/31/01 PW-GLENWOOD PLACE 442.44 2,185.94 164075 1/11/02 001647 KELLER SUPPLY COMPANY 7691618 1/10/02 PKM RESTROOM EQUIP/SU 114.91 Voucher: 164075 7871510 12/12/01 PKM-IRRIGATION COUPLING 15.08 129.99 164076 1111/02 000125 KING COUNTY FINANCE DIV 1091762 10/31/01 PS-KING CO JAIL OCT 2001 60,119.65 Voucher: 164076 1094642 12/18/01 PWT-KC SIGNS/SIGNAL MAl 32,005.67 92,125.32 164077 1/11/02 005568 KING COUNTY FLEET ADM 01200890 1/2/02 PWSWR-RECYCLING SUPP 1,346.61 1,346.61 Voucher: 164077 164078 1/11/02 003464 KING COUNTY SUPERIOR CO01-2-08746-1 1/2/02 PWS-ROW ACQUISITION, S 27,280.00 27,280.00 Voucher: 164078 Page: 7 apChkLst Final Check List Page: 8 01/11/2002 3:23:35PM CITY OF FEDERAL WAY Bank: key us bank (Continued) Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total - 164079 1/11102 000201 KINKO'S INC 515100060423 12/17/01 PKRCS-DANCE RECITAL PR 64.63 Voucher: 164079 515100060508 12/24/01 PS-PRINTING SERVICES 53.86 118.49 164080 1/11/02 002128 KLEINS COMMERCIAL DOOR 1483 1/3/02 PKM-CITY HALL DOOR MAIN 468.93 468.93 Voucher: 164080 164081 1/11/02 003399 KVASNYUK, NIKOLAY INVOICE 12/14/01 MC-INTERPRETER:CA# 50.00 50.00 Voucher: 164081 164082 1/11/02 000096 LAKEHAVEN UTILITY DISTRI 2049903 12/14/01 PKM-WATER SERVICE 1,175.54 Voucher: 164082 822402 12/19/01 PKM-WATER SERVICE 429.41 896402 12/19/01 PKM-WATER SERVICE 15.68 899802 12/19/01 PKM-WATER SERVICE 398.25 2814401 12/19/01 PKM-WATER SERVICE 172.80 460602 12/14/01 PKM-WATER SERVICE 125.01 888103 12/19/01 PKM-WATER SERVICE STEE 124.10 3200201 12/19/01 PWS-WATER SERVICE 64.41 888002 12/19/01 PKM-WATER SERVICE STEE 63.91 102605 11/9/01 PWS-WATER SERVICE 48.17 r-.. 3088801 12/19/01 PWS-WATER SERVICE 37.73 ~ 101 12/19/01 PKM-WATER SERVICE STEE 31.24 '--.J 824102 12/19/01 PKM-SEWER SERVICE 19.24 2,705.49 164083 1/11/02 004052 LAW ENFORCEMENT EQUIP 12180107 12/17/01 PS-SAFETY EQUIPMENT 1,230.06 Voucher: 164083 12220102 12/21/01 PS-SAFETY EQUIPMENT 169.48 1,399.54 164084 1/11/02 005076 LAW ENFORCEMENT TARGE 0029670-IN 12/6/01 PS-PHOTO FIREARMS TARG 197.49 197.49 Voucher: 164084 164085 1/11/02 005668 LAW OFFICES OF DESMOND INVOICE 12/31/01 LAW-PUBLIC DEFENSE SVC 1,800.00 Voucher: 164085 INVOICE 12/4/01 LAW-PUBLIC DEFENSE SVC 450.00 2,250.00 164086 1/11/02 003730 LE MONS, ROBERT C INVOICE 12/17/01 MC-INTERPRETER:CA# 120.00 120.00 Voucher: 164086 164087 1/11/02 005478 LEBEL, SHELLEY PRCS-REIMB 12/14/01 PRCS-DECORA TIONS 112.83 112.83 Voucher: 164087 164088 1/11/02 006083 LEONHARDT GROUP, THE 21273 12/31/01 CM-CONTRACT AG01-148 B 25,532.62 25,532.62 Voucher: 164088 Page: 8 apChkLst FinalCheck List Page: 9 01/1112002 3:23:35PM CITY OF FEDERAL WAY Bank: key us bank (Continued) Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 164089 1/11/02 000630 LLOYD ENTERPRISES INC 58009 1/11/02 SACAJOWEA PARK PRO GR 1,370.88 Voucher: 164089 57856 12/14/01 PKPL-PEA GRAVEL:HERITAG 280.03 57942 1/10102 PRO GRO/CRUSHED ROCK - 26.04 57994 1/11102 HYLEBOS ST PARK CRUSHE 248.92 57538 11/20/01 PKM-STONE/GRAVEL SUPPL 213.79 57779 12/10/01 PKM-SAND: SACAJAWEA 197.95 57598 11/27/01 SWM-WASTE MATERIAL 01 71.36 57882 12/17101 SWM-WASTE MATERIAL 01 52.08 2,461.05 164090 1/11/02 005008 LORMAN EDUCATION SERV 1404618-1 12/31/01 PS-CONTINUING EDUCATIO 269.00 269.00 Voucher: 164090 164091 1/11/02 005339 LOWE'S HIW INC 002436198041 12/27/01 PKM-MAINT SUPPLIES 172.46 172.46 Voucher: 164091 164092 1/11/02 005043 MACHINERY POWER & EOU TO903701 10/11/01 SWM-EOUIPMENT RENTAL 3,916.80 Voucher: 164092 TO978301 12/17/01 SWMM-EOUIPMENT RENTA 1,795.20 5,712.00 164093 1/11/02 004431 MADRONA PLANNING DVLP 00002494 10/29/01 CDPL-PLN REV:COTTAGES/H 995.28 r-.. Voucher: 164093 00002545 12/20/01 CDPL-PLN REV:SAVON DRU 28.38 <:) 0002515 11/28/01 CDPL-EXP REV:SO END TRU 781.44 - '---" 00002544 12/20/01 CDPL-PLN EXP REV:NEW HI 769.56 00002546 12/20/01 CDPL-EXP REV:U-HAUL FAC 588.72 00002541 12/20/01 CDPL-EXP REV:SO END TRU 407.22 00002543 12/20/01 CDPL-PLN REV: OCEAN RID 390.00 00002537 12/20/01 CDPL-MISC CODE AMENDME 210.00 00002538 12/20/01 CDPL-ON-CALL PLANNING G 120.00 00002539 12/20/01 CDPL-EXP REV:GLENWOOD 104.94 00002540 12/20/01 CDPL-PLN REV:BELLE MEAD 93.72 4,489.26 164094 1/11/02 000960 MATTHEW BENDER & CaMP 19054580 11/19/01 LAW-WA EMPLOYMENT 4E I 69.34 Voucher: 164094 1977415X 11/26/01 LAW-WAAPP RPTS VOL. 103 16.97 86.31 164095 1/11/02 001234 MCCARTHY CAUSSEAUX RO 9025-00M 115 10/31/01 MSC-HEARING EXAMINER S 1,232.36 Voucher: 164095 9025-00M 116 11/30/01 MSC-HEARING EXAMINER S 517.58 1,749.94 164096 1/11/02 004128 MINUTEMAN PRESS INTERN 4425 12/27101 PWSWR-RECYCLING FLYER, 99.12 Voucher: 164096 4424 12/26/01 PWSWR-PRINTING SERVIC 33.40 132.52 164097 1/11/02 005470 MIRAI ASSOCIATES 1 12/21/01 PWT-TRAFFIC IMPACT FEE ( 3,383.69 3,383.69 Voucher: 164097 164098 1/11/02 003565 MONAK INC 1814 12/2/01 PS-UNIFORM DRY CLEANIN 2,447.18 2,447.18 Voucher: 164098 Page: 9 apChkLst Final Check List Page: 10 01/11/2002 3:23:35PM CITY OF FEDERAL WAY Bank: key us bank (Continued) Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total - 164099 1/11/02 000228 MULTI-SERVICE CENTER 4Q:AG01-47 1/7/02 CDHS-CDBG PROJECT CAR 12,512.99 12,512.99 Voucher: 164099 164100 1/11/02 000699 MUNICIPAL RESEARCH & SE 1650 12/4/01 MSWEB:CREDIT CARD PYM 752.50 752.50 Voucher: 164100 164101 1/11/02 000041 MURTOUGH SUPPLY COMPA 158313 12/14101 PS-HOUSEHOLD SUPPLIES 111.20 111.20 Voucher: 164101 164102 1/11/02 000955 MUTUAL MATERIALS COMPA AB110755S 10/10/01 8'18'12 FLAT NAT - CONCRE 34.42 34.42 Voucher: 164102 164103 1/11/02 001902 MYERS MASTER LAWN CARE4021 1/7/02 PKM-LANDSCAPE MAINT SV 614.72 Voucher: 164103 4020 1/7/02 PKM-LANDSCAPE MAINT SV 1,051.01 4015 1/1/02 PKM-LANDSCAPE MAINT SV 95.91 4014 1/1/02 PKM-LANDSCAPE MAINT SV 10.21 1,771.85 164104 1/11/02 004349 NATIONAL ORGANIZATION F PS- LlC RENW 12/10/01 PS-NOVA MEMBERSHIP DUE 125.00 125.00 Voucher: 164104 164105 1/11/02 004445 NATIONAL SAFETY INC 0093037-IN 1/10/02 PKM WORK GLOVES PO 04 74.66 74.66 r'\ Voucher: 164105 - 164106 1/11/02 001215 NATIONAL SEMINARS GROU 400253420-00 12/31/01 PS-WRITING SEMINAR FEE 195.00 195.00 0 Voucher: 164106 164107 1/11/02 000043 NEW LUMBER & HARDWARE 134327 12/26/01 PKM-REPAIR SUPPLIES 61.59 Voucher: 164107 134249 12/21/01 PKM-REPAIR SUPPLIES 30.44 134237 12/21/01 PKM-REPAIR SUPPLIES 2.93 134343 12/26/01 PKM-REPAIR SUPPLIES 13.75 134111 12/18/01 PKM-REPAIR SUPPLIES 5.18 113.89 164108 1/11/02 000089 NEWS TRIBUNE MSHR-120201 12/2/01 MSHR-JOB ADVERTISEMENT 910.44 Voucher: 164108 MSHR-110401 11/4/01 MSHR-JOB ADVERTISEMENT 677.95 1,588.39 164109 1/11/02 004701 NEXTEL COMMUNICATIONS 0002682579-4 12/24/01 MSTEL-CELLULAR AIRTIME 1,464.73 1,464.73 Voucher: 164109 164110 1/11/02 006078 NORTHWEST ABATEMENTS 5113 12/6/01 SWMM-DISPOSAL SERVICE 4,460.80 4,460.80 Voucher: 164110 164111 1/11/02 003392 NORTHWEST LININGS & GEOOO05271-IN 12/20/01 PWS-DE-ICE STORAGE TAN 1,050.46 1,050.46 Voucher: 164111 164112 1/11/02 006006 NORTHWEST STORMWATER 01-1202 12/18/01 SWMWQ-MISC. EQUIPMENT, 2,167.00 2,167.00 Voucher: 164112 164113 1/11/02 003736 NORTHWEST TOWING INC FW5476 10/11/01 PS-TOWING SERVICES 2,004.64 2,004.64 Voucher: 164113 Page: 10 apChkLst Final Check List Page: 11 0111112002 3:23:35PM CITY OF FEDERAL WAY Bank: key us bank (Continued) Check # Date Vendor Inyoice Iny Date Description Amount Paid Check Total 164114 1/11/02 000708 NRPA-NAT'L REC & PARK AS 20006714 1/11/02 PKM SCHOOUFIEDLER PO#O 695.00 Voucher: 164114 20006730 1/11/02 SCHOOUPROCTOR PO#04 695.00 20006709 1/11/02 SCHOOL/BLACKSHIRE PO# 695.00 2,085.00 164115 1/11/02 000891 OFFICE DEPOT CREDIT PLA 057018 12/20/01 PS-OFFICE SUPPLIES 40.21 40.21 Voucher: 164115 164116 1/11/02 000504 ORIENTAL GARDEN CENTER PKM-122801 12/28/01 PKM-REPAIR/MAINT SUPPLI 544.49 Voucher: 164116 001277 12/14/01 PKM-TRIMMER, BLOWER, M 1,466.53 001657 12/27/01 PKM-PRUNING SAWS 364.37 1232 12/13/01 PWS-AIR CLEANER/SPARK P 19.81 001280 12/14/01 PKM-REPAIR/MAINT SUPPLI 187.58 2,582.78 164117 1/11/02 005741 OUTCOMES BY LEVY INVOICE 12/20/01 CM-LEGISLATIVE LOBBYIST 3,200.28 3,200.28 Voucher: 164117 164118 1/11/02 002545 PACIFIC AIR CONTROL INC 68581 12/19/01 PKCHBNFD UPGRADE 13,905.73 13,905.73 Voucher: 164118 164119 1/11102 004004 PACIFIC COAST FORD INC 3 11/30/01 PS-RENTAL: 1999 CHEVY VA 475.00 475.00 r- N Voucher: 164119 ~ 164120 1/11/02 000315 PACIFIC NORTHWEST TITLE 462671 12/31/01 SWM-1ST AVE SIDENING #2 359.04 359.04 Voucher: 164120 164121 1/11/02 004644 PACIFIC PLANTS INC 33719 12/17/01 PKM-TREES FOR PARKSIIN 1,365.84 Voucher: 164121 33746 12/18/01 PKM-TREES FOR PARKS/IN 252.57 1,618.41 164122 1/11/02 002379 PACIFIC TOPSOILS INC 925942 12/26/01 PWS-SANDY LOAMIDRY SO 880.00 Voucher: 164122 32581 12/17/01 PWS-SANDY LOAM/DRY SO 66.00 946.00 164123 1/11/02 000885 PARKER PAINT MANUFACTU 888087 11/26/01 PKKFT-PAINTSTAGE 54.80 Voucher: 164123 889470 11/29/01 PKM-PAINT BASE 7.44 62.24 164124 1/11/02 003232 PARSONS BRINCKERHOFF Q 20 12/12/01 PW-RD/SIGNAL PRJ:SW DAS 1,656.83 1,656.83 Voucher: 164124 164125 1/11/02 002386 PAWLAK, SUSAN 11/71NV 11/7/01 LAW-DV ADV INTERPRETER 105.00 105.00 Voucher: 164125 164126 1/11/02 000808 PLATT ELECTRIC SUPPLY 0961491 12/19/01 PKM-LiGHTING SUPPLIES 243.08 Voucher: 164126 0967273 12/17/01 PKM-LiGHTING SUPPLIES 35.47 0953256 12/14/01 PKM-LiGHTING SUPPLIES 436.72 0968405 12/17/01 PKM-LiGHTING SUPPLIES 21.93 164127 1/11/02 004389 PNTA-PACIFIC NORTHWEST 65686 1/9/02 PKKFT-THEATRE EQUIPMRN 5,516.51 Voucher: 164127 65687 12/17/01 PKKFT-THEATRE EQUIPMEN 12.95 737.20 5,529.46 Page: 11 ~pChkLst Final Check List Page: 12 01/1112002 3:23:35PM CITY OF FEDERAL WAY Bank: key us bank (Continued) Check # Date Vendor Invoice Iny Date Description Amount Paid Check Total 164128 1/11/02 000049 PRESTON GATES & ELLIS LL 545362 12/13/01 LAW-LEGAL SERVICES 3,599.00 3,599.00 Voucher: 164128 164129 1/11/02 000784 PROGRESSIVE TECHNOLOGIS164099-000 12/10/01 MSITELlRR- 6408D+ DISPLA 1,240.00 1,240.00 Voucher: 164129 164130 1/11/02 004788 PROPERTY DAMAGE APPRA 494-295080 12/3/01 MSRM-PROPERTY DAMAGE 76.00 76.00 Voucher: 164130 164131 1/11/02 000051 PUGET SOUND ENERGY INC 980-132-1002 12/14/01 PKM-FACILITIES ELECTRICIT 1,822.18 Voucher: 164131 444-132-1009 12/27/01 PS-ELECTRICITY CHARGES 1,221.23 01-39-18624 1/8/02 PWT-STREET LIGHTING 310.55 993-440-2000 12/26/01 PWT-STREET LIGHTING 193.14 504-228-1005 12/17101 PKM-FACILITIES ELECTRICIT 3,729.67 753-129-1008 12/20/01 PWT-STREET LIGHTING 100.69 303-218-1004 12/17/01 PKM-FACILITIES ELECTRICIT 5.48 699-699-1003 12/17/01 PWT-STREET LIGHTING 5.52 r--- PKDBC-122101 12/21/01 PKDBC/KFT-ELECTRICITY 5.52 7,393.98 r(\ 164132 1/11/02 000533 PUGET SOUND SPECIALTIES 16461 12/12/01 PKM-FIELD CHALK 351.11 351.11 \...-' Voucher: 164132 164133 1/11/02 005977 PURE HEALTH SOLUTIONS I 31283 12/13/01 PS-BOTTLED WATER SVC 391.68 391.68 Voucher: 164133 164134 1/11/02 003236 QFC QFC 10/10101 PS-PROGRAM SUPPLIES 30.85 30.85 Voucher: 164134 164135 1/11/02 000202 QWEST 206-T02-8674 12/16/01 MSTEL-PHONEIDATA SVC 555.28 Voucher: 164135 253-661-9833 12/16/01 MSTEL-PHONE/DATA SVC 62.91 618.19 164136 1/11/02 002566 QWEST 253-TAC-3644 11/25/01 PKDBC-DIRECTORY AD 107.68 107.68 Voucher: 164136 164137 1/11/02 004093 QWEST INTERPRISE 253-D08-6046 12/19/01 MSTEL-DATA COMM LINES 462.45 462.45 Voucher: 164137 164138 1/11/02 002093 RALEIGH, SCHWARZ & POWE92169 11/14/01 MSRM-INS BROKER OF REC 5,250.00 5,250.00 Voucher: 164138 164139 1/11/02 001139 RED WING SHOE STORE 1320018393 11/9/01 CDB - STEEL-TOED WORK B 159.07 159.07 Voucher: 164139 164140 1/11/02 006076 RENTON AREA YOUTH SVCS CONFFEE 1/10/02 CXL FEE: CONF:TEEN DATIN 25.00 25.00 Voucher: 164140 164141 1/11/02 004598 RHITHRON BIOLOGICAL ASS SWM-SAMPLE 12/7101 SWM-SAMPLE ANALYSIS SV 1,275.00 1,275.00 Voucher: 164141 Page: 12 apChkLst Final Check list Page: 13 01/1112002 3:23:35PM CITY OF FEDERAL WAY Bank: key us bank (Continued) Check # Date Vendor Inyoice Iny Date Description Amount Paid Check Total - 164142 1/11/02 005939 RIGHT BRAIN UNLIMITED LL 22053 1/10/02 PKM- 50 MITT WICKETS PO 0 141.23 141.23 Voucher: 164142 164143 1/11/02 004317 RITZ CAMERA ONE HOUR PH 102609250 12/14/01 SWMM-MISC. SUPPLIES, PH 21.76 21.76 Voucher: 164143 164144 1/11/02 005703 SAFEWAY STORE #3501 SAFEWAY 12/18/01 PKRCS-PROGRAM SUPPLIE 154.50 154.50 Voucher: 164144 164145 1/11/02 004849 SAMS SANITARY & MAINTEN SAMS 12/11/01 PKM-JANITORIAL SUPPLIES 741.84 Voucher: 164145 60157 12/18/01 PKCHB-JANITORIAL SUPPLI 147.92 60094 12/11/01 MC-JANITORIAL SUPPLIES 69.73 959.49 164146 1/11/02 000106 SELECT TRAVELINC 112201030 12/20/01 PS-AIRFARE:CITY TRAVEL 587.00 587.00 Voucher: 164146 164147 1/11/02 001988 SERVICE LINEN SUPPLY 1220/1703 12/20/01 PKRLS-liNEN SERVICES 27.81 Voucher: 164147 1227-6209 9/18/01 PKRLS-liNEN SERVICES 27.81 55.62 g 164148 1/11/02 000056 SIR SPEEDY PRINTING CENT 25438 12/27/01 MSC-PRINTING SERVICES 148.90 148.90 Voucher: 164148 '----' 164149 1/11/02 003340 SMITH PHD, DAVID H PS-EVAL 12/10101 PS-PRE-EMPLOYMENT PSYC 375.00 375.00 Voucher: 164149 164150 1/11/02 001109 SMITH TRACTOR & EQUIPME 4501542 11/21/01 MSFL T-REPAIR/MAINT SVCS 415.38 Voucher: 164150 4501523 11/6/01 MSFL T-REPAIR/MAINT SVCS 574.12 4501499 11/6/01 MSFLT-REPAIR/MAINT SVCS 412.16 4026520 10/8/01 MSFL T-CREDIT MEMO -180.13 4026681 11/6/01 MSFL T-REPAI R/MAI NT SVCS 311.77 1,533.30 164151 1/11/02 005921 SOUND ANALYTICAL SERVIC 58000965 12/26/01 SWMWQ-TESTING SERVIC 1,074.00 Voucher: 164151 58000583 12/6/01 SWMWQ-MISC. EQUIPMENT, 50.00 1,124.00 164152 1/11/02 003697 SOUND SAFETY PRODUCTS 13002947-01 12/14/01 SWMM-SUPPlIES, VJ-GARD 261.12 261.12 Voucher: 164152 164153 1/11/02 003331 SPECTRA PRECISION INC 455935 10/14/01 PWS-MISC. SUPPLIES, AE24 135.03 135.03 Voucher: 164153 164154 1/11/02 004356 SUMPTER, KYLE PS-REIMB 12/21/01 PS-REIMB:RANGE EXPENSE 57.12 57.12 Voucher: 164154 164155 1/11/02 005738 SUNBIRD SHOPPING CENTE 006297 12/28/01 PWS-CLOTHING, BOOTS, I 236.88 236.88 Voucher: 164155 164156 1/11/02 000341 SUNRISE SELF STORAGE UNIT #A-8 12/24/01 PS-STORAGE RENTAL FEEl 155.00 155.00 Voucher: 164156 Page: 13 'ilPChkLst FinalCheck List Page: 14 01111/2002 3:23:35PM CITY OF FEDERAL WAY Bank: key us bank (Continued) Check # Date Vendor Invoice Iny Date Description Amount Paid Check Total 164157 1/11/02 000588 TACOMA PUBLIC UTILITIES 007-307-501 1/10/02 PKM PALISADES ELECTRICA 163.00 163.00 Voucher: 164157 164158 1/11/02 001601 TAK INC 5623 12/31/01 MSC-PRINTING SERVICES 607.60 607.60 Voucher: 164158 164159 1/11/02 003841 TEMPORARY STORAGE OF Wl177 12/31/01 PKM-SANITATION SERVICES 382.50 382.50 Voucher: 164159 164160 1/11/02 000670 THORSETT LANDSCAPING & 60 1/11/02 PLANT MATERIAL PO #0458 2,777.58 Voucher: 164160 13050 1/10/02 PKM WHOLESALE NURSERY 873.05 3,650.63 164161 1/11/02 000581 TOOL TOWN INC 33816 1/10/02 PKM TOOLS PO 045835 367.64 367.64 Voucher: 164161 164162 1/11/02 001267 TOP FOODS HAGGEN INC 316539 12/18101 PKRCS-PROGRAM SUPPLIE 38.33 Voucher: 164162 316302 12/19/01 PKRCS-FLOWERS: DANCE R 37.39 75.72 164163 1/11/02 004219 TRAFFIC DATA GATHERING 2020 4/18/01 PWT-TRAFFICE COUNT SER 640.00 640.00 ,-...., Voucher: 164163 VI 164164 1/11/02 703131 TRIDOR INCORPORATED, AT 59845 12/10/01 CDPL-REFUND 01-XXXXXX- 995.40 995.40 C Voucher: 164164 164165 1/11/02 003204 TRUCKERS SUPPLY INC 978185 12/20101 MSFL T-REPAIR SUPPLIES 9.74 9.74 Voucher: 164165 164166 1/11/02 002426 UNITED GROCERS CASH & C 92059 12/17/01 PKRLS-JANITORIAL SUPPLIE 52.14 52.14 Voucher: 164166 164167 1/11/02 000769 UNITED PIPE & SUPPLY CO I 5362720 1/10102 PKM IRRIGATION SUPPLIES 2,875.25 Voucher: 164167 5353725 12/11/01 PKM-IRRIGATION SUPPLIESI 151.90 5363157 1/10/02 PKM-IRRIGATION SUPPLIES 2,237.81 5362721 1/11/02 PKM - IRRIGATION SUPPLIE 745.94 5355644 12/13101 PKM-IRRIGATION SUPPLIES 195.12 6,206.02 164168 1/11/02 005019 UNITED RENTALS NORTHWE 22887833-001 12/24101 PWS-PROPANE 24.75 24.75 Voucher: 164168 164169 1/11/02 001805 VADIS NORTHWEST 00012227 11/30101 PWSWR-LiTTER CONTROL N 4,02000 4,020.00 Voucher: 164169 164170 1/11/02 003563 VALLEY COMMUNICATIONS 1088 11/22/01 PS-EMER DISPATCH SVCS 630.00 630.00 Voucher: 164170 164171 1/11/02 703132 VIDEO ONLY INC., ATTN: JAM 56740 12/10101 CDPL-REFUND 01-XXXXXX- 1,267.15 1,267.15 Voucher: 164171 164172 1/11/02 001061 WA STATE-AGRICULTURE D PKM-LiC RNWL 12/24/01 PKM-PESTICIDE LlC RENEW 25.00 25.00 Voucher: 164172 Page: 14 apChkLst . 01/1112002 3:23:35PM Final Check List CITY OF FEDERAL WAY Page: 15 Check # Date Bank: key us bank Vendor 164173 1/11/02 Voucher: 164174 1/11/02 Voucher: 164175 1/11/02 Voucher: 164176 1/11/02 Voucher: 164177 1/11/02 Voucher: 164178 1/11/02 Voucher: 164179 1/11/02 Voucher: 164180 1/11/02 Voucher: 164181 1/11/02 Voucher: 000851 WA STATE-PATROL 164173 000253 WA STATE-TRANSPORTATIO JA4020L012 164174 000173 WEST PUBLISHING CORPOR 800695742 164175 6002711467 6002565782 005401 WESTERN BUILDERS SUPPL J25355 164176 001427 WESTERN POWER & EQUIP Q1127295 164177 002087 WHITMAN GLOBAL CARPET 164178 (Continued) Invoice 00014654 12071 12072 12031 24-105568 002204 WILBUR-ELLIS COMPANY 164179 003987 WINSTAR BROADBAND SERV912000 164180 005697 WORK-SPORTS & OUTDOOR 0023 164181 0939 0446 0949 0390 Inv Date Description Amount Paid 12/15/01 MSDP-DATA STATION SVC 2,216.31 12/11/01 PWT-REVIEW OF SIGNAL W 329.30 11/30/01 MSDP-DATABASE ACCESS S 700.04 11/27/01 MC-WESTLAW ACCESS CHG 34.69 11/23/01 MC-WESTLAW ACCESS CHG 34.69 12/28/01 PWS-MISC. SUPPLIES, GAU 52.88 11/29/01 PWS-MISC. SUPPLIES; 96" B 435.20 12/28/01 PKM-CARPET CLEANING SV 1,565.00 12/28/01 PKM-CARPET CLEANING SV 760.00 12/10/01 PKM-CARPET CLEANING SV 289.00 1/10/02 PKM BACKPACK SPRAYER P 174.08 12/7/01 MSDP-INTERNET ACCESS 1,000.00 11/3/01 SWMM-UNIFORM CLOTHING 224.39 10/24/01 PWS-CLOTHING, DUCK OVE 229.22 12/15/01 SWMM-UNIFORM CLOTHING 195.12 10/25/01 PWS-UNIFORM CLOTHING, E 11.71 12/7/01 PWS-CLOTHING, DANNER B 195.12 Sub total for us bank Check Total 2,216.31 329.30 769.42 52.88 435.20 2,614.00 174.08 r-- oS> 1,000.00 '--../ 855.56 579,296.75 Page: 15 '!pChkLst 01/11/2002 3:23:35PM Final Check List CITY OF FEDERAL WAY Page: 16 192 checks in this report. Grand Total All Checks: 579,296.75 r'" r- V Page: 16 ... ... ¡¡j en .. 0- > < _3: II) ...I :::¡~ ~~ .cw ULL. c;;LL. .50 LL.~ Õ _N II) 0 ...10 ...~ .c... U'" 0.;:: "-0 (~I) ~ ¡¡; OJ '" a. ::¡¡ 0- Il) '" M N M apChkLst Final Check List Page: 1 1213112001 2:02:17PM CITY OF FEDERAL WAY Bank: key us bank Check # Date Vendor Inyoice Iny Date Description Amount Paid Check Total 163748 12/31/01 001233 AT & T BUSINESS SERVICE 253-927-1828 12/26/01 MSTEL-LONG DISTANCE SV 37.83 Voucher: 163748 253-815-1619 12/26/01 MSTEL-LONG DISTANCE SV 36.96 74.79 163749 12/31/01 000075 AT&T WIRELESS SERVICE AT&T-CELLSV 12/26/01 MSTEL-CELL AIR TIME 2,229.53 2,229.53 Voucher: 163749 163750 12/31/01 000332 ABC LEGAL MESSENGERS I 00-0035550 11/30/01 LAW-NOV MONTHLY CHARG 176.00 176.00 Voucher: 163750 163751 12/31/01 004895 ABOU-ZAKI, KAMAL CAO021122 11/27/01 INTERPRETER SERVICE 108.98 Voucher: 163751 CA020482FM 12/11/01 INTERPRETER SERVICE 98.98 207.96 163752 12/31/01 000385 ACCOUNTEMPS 06641214 12/26/01 MSA-TEMP OFFICE HELP-P 1,230.80 Voucher: 163752 06654332 12/12/01 TEMP FINANCE OFFICE ST 246.16 06648746 12/11/01 TEMP FINANCE OFFICE ST 1,230.80 06617757 12/6/01 TEMP FINANCE OFFICE ST 1,230.80 06576155 11/28/01 TEMP FINANCE OFFICE ST 984.64 C) 06578931 11/29/01 TEMP FINANCE OFFICE ST 815.41 06615268 12/26/01 MSF-TEMP-P.NELSON 246.16 5,984.77 163753 12/31/01 000109 ACTIVE SECURITY CONTRO 12725 12/3/01 PKRLS-LOCKSMITH SERVIC 56.30 Voucher: 163753 12718 11/27/01 PKRLS-KEYS FOR KLCC 27.42 12738 12/11/01 PKRLS-LOCKSMITH SERVIC 21.57 12690 10/30/01 PKRLS-LOCKSMITH SERVIC 320.42 12739 12/11/01 PKRLS-LOCKSMITH SERVIC 9.31 435.02 163754 12/31/01 005287 AMERICALL COMMUNICATIO 06417 12/1/01 PKM-AFTER HR CALL-OUT S 55.97 55.97 Voucher: 163754 163755 12/31/01 000721 AMERICAN CONCRETE INC 0076808 12/7/01 PWST-5/8 CRUSHED ROCK 183.60 Voucher: 163755 0076692 12/3/01 PWSWM-PEA GRAVEL 183.60 0076500 11/20/01 SWM-4/8" Q PU 53.86 421.06 163756 12/31/01 005501 ANDREWS, AMY CA21480 11/27/01 INTERPRETER SERVICE 110.00 Voucher: 163756 CA08498FW 11/26/01 INTERPRETER SERVICE 50.00 CA11395 12/3/01 INTERPRETER SERVICE 20.00 CAOO18120 11/20/01 INTERPRETER SERVICE 40.00 220.00 163757 12/31/01 001378 APPLIED INDUSTRIAL 40266945 11/29/01 PS-GO JO FAST WIPES 202.52 202.52 Voucher: 163757 163758 12/31/01 005715 ARCH WIRELESS HOLDINGS K6163838L 12/1/01 MSTEL-PAGER LEASE 1,147.37 1,147.37 Voucher: 163758 Page: 1 apChkLst Final Check List Page: 2 12/31/2001 2:02:17PM CITY OF FEDERAL WAY Bank: key us bank (Continued) Check # Date Vendor Inyoice Inv Date Description Amount Paid Check Total 163759 12/31/01 004964 ARIA DANCE COMPANY PRCS-CHORG 11/19/01 PRCS-CHOREOGRAPHERS 1,200.00 1,200.00 Voucher: 163759 163760 12/31/01 004955 ASKANDER, LOLA CA21122 12/4/01 INTERPRETER SERVICE 100.00 100.00 Voucher: 163760 163761 12/31/01 001604 BALL, GIGI Y 15597 11/26/01 INTERPRETER SERVICE 35.00 35.00 Voucher: 163761 163762 12/31/01 005421 BARGER, KENNETH CAO019760 12/3/01 INTERPRETER SERVICE 40.00 Voucher: 163762 CAO015182 11/13/01 INTERPRETER SERVICE 40.00 CAO026249 11/21/01 INTERPRETER SERVICE 40.00 CAO015182 11/14/01 INTERPRETER SERVICE 40.00 160.00 163763 12/31/01 005098 BIG 0 TIRES 4 LESS & AUTO 242058 10/23/01 PS-REPAIRS #27249D 502.01 Voucher: 163763 242455 11/5/01 PS-REPAIRS #910HJP 450.89 242305 10/31/01 PS-ALTERNATOR & ELEC S 404.57 7145 11/30/01 MSFL T-REPLACE BOTTOM D 108.80 242307 10/31/01 PS-REGLUE REVIEW MIRRO 97.85 <:> 242286 10/31/01 PS-REPAIRS SERP BELT IN 86.99 N 7018 10/5/01 MSFL T-INST ALL ARM REST 76.16 243578 12/30/01 PS-REPAIRS #486430-38190 55.54 242064 10/23/01 PS-BRAKES & MISC SERVIC 904.15 242042 10/23/01 PS-OIL CHANGE /AIR FIL TE 54.91 242255 10/30/01 PS-OIL FILTER 15.77 7019 10/5/01 MSFL T-INSTALL ARM REST 54.40 242476 11/6/01 PS-REPAIRS #23457D 31.66 242579 11/9/01 PS-USED TIRES #23451D 21.76 2,865.46 Page: 2 apChkLst Final Check List Page: 3 12/31/2001 2:02:17PM CITY OF FEDERAL WAY Bank: key us bank (Continued) Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total - 163765 12/31/01 001630 BLUMENTHAL UNIFORM CO 1221643 12/19/01 PS-UNIFORM EXPLORER - C 352.35 Voucher: 163765 220682 12/7/01 PS-UNIFORM CLOTHING - K 352.35 BLUM 11/19/01 PS-UNIFORM CLOTHING, SH 254.43 223139 12/18/01 PS-UNIFORM CLOTHING - K 252.31 219800 12/19/01 PS-UNIFORM CLOTHING, CA 251.11 222539 12/13/01 PS-UNIFORM - MOTO BREE 239.31 222561 12/14/01 PS- SHIRT S/S WOOL LAPD, 231.58 222548 12/18/01 PS-UNIFORM CLOTHING - L 194.64 217871 12/14/01 PS-UNIFORM - EXPLORERE 177.61 217621 12/12/01 PS-UNIFORM - SHIRT, SEW 171.14 222533 12/14/01 PS- UNIFORM - SHIRT S/S W 154.39 218900 12/19/01 PS-UNIFORM - EXPLORERS 151.50 222573 12/6/01 PS-UNIFORM CLOTHING 149.83 219643-01 12/7/01 PS-UNIFORM CLOTHING - S 129.42 222059 12/4/01 PS- SHOE 6" BLK PLAIN TOE 100.00 rV 222577 12/6/01 PS-UNIFORM CLOTHING, BO 100.00 218438-01 11/24/01 PS-UNIFORM CLOTHING, MI 100.00 220111 11/26/01 PS-UNIFORM CLOTHING, MI 100.00 219643 11/26/01 PS-UNIFORM CLOTHING - K 806.15 221025 11/30/01 PS-UNIFORM CLOTHING, BO 100.00 220220 11/21/01 PS-UNIFORM CLOTHING, FL -24.97 223740 12/13/01 PS- BOOT MNS THR/CRD.GT 100.00 221795-01 12/18/01 PS-BOOT STORM WATERPR 100.00 220771 11/27/01 PS-UNIFORM CLOTHING, HA 92.37 222546 12/19/01 PS-VEST COVER- DOUG DE 86.99 217382 11/19/01 PS-UNIFORM CLOTHING, SH 84.81 217376 11/19/01 PS-UNIFORM CLOTHING, SH 77.19 217381 11/19/01 PS-UNIFORM CLOTHING, SH 77.19 221366 11/30/01 PS-UNIFORM CLOTHING, BD 76.09 221200 11/29/01 PS-UNIFORM CLOTHING, 2- 41.30 224269 12/19/01 PS-UNIFORM CLOTHING - E 28.29 217481 11/30/01 PS-UNIFORM CLOTHING, FA 20.67 220218 12/12/01 PS-UNIFORM - SEW ON YEA 15.78 221366-01 12/18/01 PS-UNIFORM CLOTHING - M 15.78 198617-82 12/14/01 PS-UNIFORM TIE BARD, FAS 15.72 Page: 3 apChkLst 12/31/2001 2:02:17PM Bank: key us bank Check # Date Vendor Final Check List CITY OF FEDERAL WAY Page: 4 (Continued) Invoice Inv Date Description Amount Paid Check Total 222431 12/19/01 PS-UNIFORM EXPLORERS - 13.06 215454 11/26/01 PS-UNIFORM CLOTHING, BA 10.88 219246 11/30/01 PS-UNIFORM CLOTHING, SE 6.53 219366 11/26/01 PS-UNIFORM CLOTHING, SE 4.90 5,210.70 6115 11/12/01 MSFL T-REPAIR/MAINT SERV 440.99 440.99 163766 12/31/01 005032 BOBCAT NORTHWEST Voucher: 163766 N N Page: 4 apChkLst Final Check List Page: 5 12/31/2001 2:02:17PM CITY OF FEDERAL WAY Bank: key us bank (Continued) Check # Date Vendor Invoice Iny Date Description Amount Paid Check Total 163768 12/31/01 000007 BOISE CASCADE OFFICE PR 351847 11/15/01 OFFICE SUPPLIES 471.08 Voucher: 163768 357101 11/15/01 OFFICE SUPPLIES 397.02 486128 11/27101 OFFICE SUPPLIES 374.40 139334 12/28/01 OFFICE SUPPLIES 345.60 401140 11/19/01 OFFICE SUPPLIES 322.19 2011172 11/5/01 OFFICE SUPPLIES 316.79 348028 11/14/01 OFFICE SUPPLIES 288.00 912495 10/16/01 OFFICE SUPPLIES 254.77 219763 11/6/01 OFFICE SUPPLIES 229.07 502925 11/28/01 OFFICE SUPPLIES 213.99 121196 10/30/01 OFFICE SUPPLIES 206.68 225550 11/6/01 OFFICE SUPPLIES 194.05 513043 11/29/01 OFFICE SUPPLIES 173.04 N\ 348154 11/14/01 OFFICE SUPPLIES 172.80 N 322722 11/13/01 OFFICE SUPPLIES 160.22 480489 11/27101 OFFICE SUPPLIES 105.72 066102 10/26/01 OFFICE SUPPLIES 103.50 422415 11/20/01 OFFICE SUPPLIES 97.54 430301 11/20/01 OFFICE SUPPLIES 95.18 084913 10/29/01 OFFICE SUPPLIES 93.73 954581 10/18/01 OFFICE SUPPLIES 86.40 454778 11/26/01 OFFICE SUPPLIES 80.35 359474 11/15/01 OFFICE SUPPLIES 73.12 077677 10/22/01 OFFICE SUPPLIES 64.79 980299 10/22/01 OFFICE SUPPLIES 61.00 005177 10/23/01 OFFICE SUPPLIES 58.44 348107 11/14/01 OFFICE SUPPLIES 57.60 207783 11/6101 OFFICE SUPPLIES 54.71 033443 12/28/01 OFFICE SUPPLIES 50.78 214027 11/6/01 OFFICE SUPPLIES 47.89 364243 11/15/01 OFFICE SUPPLIES 47.88 933860 10/17101 OFFICE SUPPLIES 47.00 495885 11/28/01 OFFICE SUPPLIES 42.61 360024 11/15/01 OFFICE SUPPLIES 42.51 014569 10/23/01 OFFICE SUPPLIES 39.96 Page: 5 apChkLst Final Check List Page: 6 12/31/2001 2:02:17PM CITY OF FEDERAL WAY Bank: key us bank (Continued) Check # Date Vendor Inyoice Iny Date Description Amount Paid Check Total 059714 10/25/01 OFFICE SUPPLIES 38.84 850523 10/11/01 OFFICE SUPPLIES 37.00 320409 11/13/01 OFFICE SUPPLIES 543.79 063114 12/28/01 OFFICE SUPPLIES 36.46 397143 11/19/01 OFFICE SUPPLIES -287.24 534116 11/30/01 OFFICE SUPPLIES 36.11 272585 11/8/01 OFFICE SUPPLIES 35.91 515468 11/29/01 OFFICE SUPPLIES 34.98 023262 10/24/01 OFFICE SUPPLIES 32.64 398677 11/19/01 OFFICE SUPPLIES 32.28 485739 11/27/01 OFFICE SUPPLIES 28.73 31427 10/24/01 OFFICE SUPPLIES 28.72 060119 12/28/01 OFFICE SUPPLIES 25.79 -;J 202685 11/5/01 OFFICE SUPPLIES 24.83 N 358343 11/15/01 OFFICE SUPPLIES 24.59 053857 10/25/01 OFFICE SUPPLIES 23.80 268779 11/8/01 OFFICE SUPPLIES 22.74 404583 11/19/01 OFFICE SUPPLIES 22.37 153068 11/1/01 OFFICE SUPPLIES 19.34 786489 10/8/01 HOLDER, PRINT 4X6 10/PK S 16.33 426709 11/20/01 OFFICE SUPPLIES 14.99 158519 11/1/01 OFFICE SUPPLIES 11.47 860540 10/12/01 OFFICE SUPPLIES 11.42 912756 10/16/01 OFFICE SUPPLIES 10.24 337209 11/14/01 OFFICE SUPPLIES 9.78 497780 11/28/01 OFFICE SUPPLIES 9.20 110748 10/30/01 OFFICE SUPPLIES 8.46 099352 10/29/01 OFFICE SUPPLIES 7.75 194303 11/5/01 OFFICE SUPPLIES 6.49 117259 10/30/01 OFFICE SUPPLIES 5.20 031301 10/24/01 OFFICE SUPPLIES -28.72 110710 12/28/01 OFICE SUPPLIES -32.63 485462 11/27/01 OFFICE SUPPLIES -43.74 980795 10/22/01 OFFICE SUPPLIES -47.00 207742 11/1/01 OFFICE SUPPLIES -54.71 6,136.62 - Page: 6 apChklst Final Check list Page: 7 12/31/2001 2:02:17PM CITY OF FEDERAL WAY Bank: key us bank (Continued) Check # Date Vendor Invoice Iny Date Description Amount Paid Check Total 163769 12/31/01 004315 BRENT'S ALIGNMENT & REP 002913 11/16/01 MSFl T-REPAIRIMAINT SVCS 471.25 Voucher: 163769 002848 11/2/01 MSFl T-REPAIR/MAINT SVCS 311.80 002947 11/28/01 MSFlT-REPAIR LEAK#1185 298.17 003033 12/14/01 MSFl T- HOES, RIR OIL COO 178.67 002956 11/29/01 MSFLT-REPAIR/MAINT SVCS 164.83 002963 11/29/01 MSFL T-REPAIR/MAINT SVCS 101.78 002968 11/30/01 MSFl T-REPAIR/MAINT SVCS 101.78 002809 10/25/01 MSFl T-REPAIR/MAINT SVCS 542.47 002998 12/7/01 MSFL T-FRONT END ALIGN: 50.86 002953 11/28/01 MSFL T-FRONT END ALIGN # 50.86 002938 11/26/01 MSFl T-FRONT END ALIGN # 50.86 002945 11/27/01 MSFL T-FRONT END ALIGN # 50.86 2,374.19 163770 12/31/01 002781 CARLSON, AURORA PS-CLASS REI 9/19/01 MSHR-EDUC. ASSNTITUITI 232.40 232.40 '^ Voucher: 163770 163771 12/31/01 000991 CASCADE COFFEE INC 20249266 11/13/01 MSM&D-MTG COFFEE SUP 122.24 N Voucher: 163771 20253554 12/11/01 MSM&D-MTG COFFEE SUP 96.09 20246889 10/29/01 PKRLS-MTG COFFEE SUPPL 29.50 247.83 163772 12/31/01 003093 CASCADE COMPUTER MAIN 9045912 11/14/01 MSDP-PRINTER MAINT 508.64 Voucher: 163772 9046984 12/11/01 MSDP-PRINTER MAl NT 508.64 1,017.28 163773 12/31/01 004529 CENTER FOR CRIMINAL JUS PS-TRAINING 12/26/01 POLICE TRAINING & SEMINA 1,162.00 1,162.00 Voucher: 163773 163774 12/31/01 004364 CENTRE AT NORPOINT 4551 10/8/01 PKRLS-WATER AEROBICS C 42.00 42.00 Voucher: 163774 163775 12/31/01 001481 CH2M HILL NORTHWEST INC 3301332 12/12/01 PWSCIP-PACIFIC HWY SO P 74,758.12 74,758.12 Voucher: 163775 163776 12/31/01 005622 CHELAN COUNTY TREASUR CHELAN JAIL 11/7/01 PS-JAll SERVICES 17,424.00 17,424.00 Voucher: 163776 163777 12/31/01 005621 CHIP VOLUNTEER SALES CE 0002560 10/8/01 PS-SMAlL ORNAMENTS 165.00 165.00 Voucher: 163777 163778 12/31/01 006060 CHRISTENSEN, DENISSE PRCS-REIMB 11/29/01 PRCS-FOOD PUG SDRS 124.11 124.11 Voucher: 163778 163779 12/31/01 003325 CHUCKALS INC 178443-0 11/26/01 MC-OFFICE SUPPLIES 67.87 Voucher: 163779 179653-0 12/5/01 MC-OFFICE SUPPLIES 57.88 178609-0 11/27101 MC-OFFICE SUPPLIES 64.77 190.52 Page: 7 apChkLst 12/31/2001 2:02:17PM Bank: key us bank Check # Date Vendor 163780 12/31/01 Voucher: 163781 12/31/01 Voucher: 163782 12/31/01 Voucher: 163783 12/31/01 Voucher: 163784 12/31/01 Voucher: 163785 12/31/01 Voucher: Final Check List CITY OF FEDERAL WAY Page: 8 (Continued) Inyoice Inv Date Description Amount Paid 619.84 18.00 447.24 216.35 18.00 2,882.28 11/19/01 MSC-CODIFICATJON SVCS 2,176.00 12/30/01 PWS-5% RETAINAGE:GOLF 6,511.94 12/3/01 MSDP-RR COMPAQ 18GB U 1,430.73 11/15/01 PKKFT-THEATRE LIGHTING 51.31 Check Total 1,319.43 2,882.28 2,176.00 6,511.94 1,430.73 51.31 ;! 000142 CITY OF FED WAY-ADVANCECK#1821 12/27/01 163780 CK# 1834 12/27/01 CK#1832 12/27/01 CK# 1811 12/27/01 CK# 1833 12/27/01 PS-PETTY CAS 12/5/01 003947 CITY OF FEDERAL WAY 163781 001969 CODE PUBLISHING COMPAN 16963 163782 004600 COLUMBIA STATE BANK 163783 005300 COMPAQ CORPORATION 163784 004395 CONSOLIDATED ELECTRIC 8073-428749 163785 5;GOLF LAND 31230780 PS-TRAVEL:K.OSBORNE:CA MSF- TRA VEL:K.PETERSON: PS-TRAVEL:D.WILCOX: ADV. MSF-TRAVEL:D.GABRELUK: MSF-PER DIEM:J.FEMLING C PS-MAY SERVICE CHARGE Page: 8 apChkLst Final Check List Page: 9 12/31/2001 2:02:17PM CITY OF FEDERAL WAY Bank: key us bank (Continued) Check # Date Vendor Inyoice Iny Date Description Amount Paid Check Total - 163786 12/31/01 000063 CORPORATE EXPRESS OFF 27706672 11/19/01 COB-OFFICE SUPPLIES 165.00 Voucher: 163786 27374232 11/7/01 MSF-OFFICE SUPPLIES 140.66 27626005 11/5/01 COB-ROLLING STEP STOOL 98.56 34169840/51R 10/19/01 PW-OFFICE SUPPLIES 82.12 34175440/21R 10/22/01 PWA-OFFICE SUPPLIES 69.08 27511056 11/9/01 COB-OFFICE SUPPLIES 49.32 27271242 11/2/01 COB-OFFICE SUPPLIES 35.61 34169841/31R 10/22/01 PWA-OFFICE SUPPLIES 31.51 34150460/01R 10/18/01 COB-OFFICE SUPPLIES 24.64 CORP 11/5/01 COB-OFFICE SUPPLIES 23.78 28112149 12/4/01 MSF-OFFICE SUPPLIES 355.51 28465813 12/24/01 LAW-OFFICE SUPPLIES 23.70 34113376/9CE 10/22/01 COB-CREDIT FOR RETURNE -853.34 27803977 11/27/01 COB-OFFICE SUPPLIES 21.71 I'- 34113375/0BR 10/19/01 COB-OFFICE SUPPLIES 21.34 N 27577054 11/14/01 COB-OFFICE SUPPLIES 19.90 27671235 11/16/01 COB-OFFICE SUPPLIES 15.36 27307192 10/28/01 COB-LATEX GLOVES 15.16 34151680/31R 10/18/01 COB-OFFICE SUPPLIES 13.44 34150430/91R 10/18/01 COB-OFFICE SUPPLIES 13.44 34169842/1BR 10/22/01 PWA-OFFICE SUPPLIES 4.53 27374224 11/7/01 MSF-OFFICE SUPPLIES 2.83 27539948 11/5/01 COB-CATALOGS 0.01 27803990 11/27/01 COB-CREDIT FOR OFFICE S -40.20 333.67 163787 12/31/01 000771 COSTCO/HRS USA STMT 11/26 12/28/01 PROGRAM SUPPLIES/EQU 903.83 Voucher: 163787 06942600 12/4/01 MSF-(NOVOO/OECOO)SUPPLI 517.66 1,421.49 163788 12/31/01 005633 COSTUME GALLERY 1015-007 10/15/01 PKRCS-STYLE#98-60-WHT G 1,259.05 1,259.05 Voucher: 163788 163789 12/31/01 005180 CRISIS MANAGEMENT CONS 01-29 11/26/01 PWA-EMER MGMT CONSUL 3,500.00 Voucher: 163789 01-33 12/14/01 PWA-EMER MGMT CONSUL 1,750.00 5,250.00 Page: 9 apChkLst Final Check List Page: 10 12/3112001 2:02:17PM CITY OF FEDERAL WAY Bank: key us bank (Continued) Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 163790 12/31/01 000939 CRYSTAL SPRINGS WATER 547675 11/30/01 PKCHB.WATER/COOLER RE 184.09 Voucher: 163790 547673 11/30/01 PKDBC-WATER/COOLER RE 91.07 359242 10/31/01 PKDBC-WA TER/COOLER RE 87.86 359319 10/31/01 MC-WATER/COOLER RENT 40.15 547670 11/30/01 PKKFT-WATER/COOLER RE 32.10 359317 10/31/01 PKRLS-WA TER/COOLER RE 26.77 547745 11/30/01 PKRLS-WATER/COOLER RE 23.56 359316 10/31/01 PKM-WATER/COOLER RENT 20.35 547744 11/30/01 PKM-WATER/COOLER RENT 19.01 547747 11/30/01 MC-WATER/COOLER RENT 17.14 547676 11/30/01 PKRCS-WATER/COOLER RE 15.02 PURE 10/31/01 PKCHB-WATER/COOLER RE 377.11 359239 10/31/01 PKKFT-WATER/COOLER RE 9.63 396288 10/31/01 PKCP-WATER/COOLER REN 2.18 OQ 359245 10/31/01 PKRCS-WATER/COOLER RE 7.51 953.55 N 163791 12/31/01 006056 CUFLEY, CHRISTY GERHAR 11/2 PRO TEM 11/2/01 MC-PRO TEM JUDGE{NOV 2 100.00 100.00 Voucher: 163791 163792 12/31/01 000475 CUSTOM SECURITY SYSTE 203880 11/20/01 PKCHB-ALARM MONITORIN 59.74 59.74 Voucher: 163792 163793 12/31/01 005360 DC WILLIAMS & ASSOCIATE 942210 11/16/01 MC-INTERPRETER:CA#2027 125.00 125.00 Voucher: 163793 163794 12/31/01 000854 D J TROPHY 206382 11/8/01 PS-ENGRAVING SERVICES 151.93 Voucher: 163794 206388 11/8/01 PS-ENGRAVING SERVICES 14.19 166.12 163795 12/31/01 006029 DARBO MANUFACTURING C U619 10/19/01 PKRCS-STYLE#2080T/PG. 9 1,768.07 1,768.07 Voucher: 163795 163796 12/31/01 000014 DAY-TIMERS INC 38855257 11/26/01 PWSWR-CALENDAR 29.36 29.36 Voucher: 163796 163797 12/31/01 000438 DELI SMITH & CHOCOLATE J 1852 12/7/01 CC-AGENDA SETTING LUNC 30.55 Voucher: 163797 1942 12/3/01 CC-LUNCH MTG W/FACILIT 13.72 1936 11/28/01 CM-LUNCH MEETING 20.00 64.27 163798 12/31/01 005619 DMCMA MC-DUES 12/10/01 MC-MEMBER DUES 425.00 425.00 Voucher: 163798 163799 12/31/01 000954 DNB MAILING SERVICES 5876 12/14/01 RECYCLING FLYERS MAILI 4,961.97 4,961.97 Voucher: 163799 Page: 10 apChkLst 12/31/2001 2:02:17PM Bank: key us bank Check # Date Vendor Final Check List CITY OF FEDERAL WAY Page: 11 (Continued) Inyoice Inv Date Description Amount Paid Check Total 12/10/01 INTERPRETER SERVICE 200.00 11/19/01 INTERPRETER SERVICE 80.00 12/13/01 INTERPRETER SERVICE 80.00 360.00 11/21/01 PKM-STL LK ANNEX FUEL 117.17 117.17 163800 12/31/01 005341 DODD, ESCOLASTICA ROSA 20258 Voucher: 163800 CA20258 CA21540 163801 12/31/01 001432 DON SMALL & SONS OIL 01 60980 Voucher: 163801 ~ Page: 11 apChklst Final Check List Page: 12 12/31/2001 2:02:17PM CITY OF FEDERAL WAY Bank: key us bank (Continued) Check # Date Vendor Invoice Iny Date Description Amount Paid Check Total 163803 12/31/01 000570 EAGLE TIRE & AUTOMOTIVE 1015380 12/5/01 PS-Oll CHANGE, Oil, Fil TE 261.89 Voucher: 163803 1015209 11/29/01 PS-WIPER BAlDES TRICO /I 247.50 1015146 11/26/01 PS-TIRES EAGLE RS-A "VR" 212.39 1015613 12/17101 PS-REPAIR FRONTDISC BRA 169.23 1015148 11/27/01 PS-Oll FilTER CHANGE, lU 159.91 1015395 12/6/01 PS-REPAIR BRAKE LINE, BR 156.41 1015539 12/13/01 PS - REPLACE TEMP SENDE 156.37 1015300 12/3/01 PS-lUBE, Oil, FilTER CHAN 146.81 1015597 12/17/01 PS-BATTERY 72 MONTH 145.25 1015153 11/27/01 PS-BATTERY 72 MONTH 124.24 1014646 11/2/01 PS-REPAIR 83.18 1015567 12/14/01 PS- VEHICLE INSPECTION - 77.68 1015155 11/27/01 PS-REPAIR WHEEL BALANC 73.00 1014942 11/16/01 PS-REPAIR 73.00 1015207 11/29/01 PS-WHEEl BALANCE, VAlV 73.00 0 1014473 10/25/01 PS-REPAIR 332.25 "'1 1014875 11/13/01 PS-TIRES EAGLE RS-A "VR" 73.00 1 014705 11/5/01 PS-REPAIR 1.66 1014788 11/9/01 PS-WHEEl BALANCE 70.79 1015186 11/28/01 PS-TIRES EAGLE GT+4 100 65.66 1015054 11/21/01 PS-TRICO /I WIPER BLADE 2 29.94 1014796 11/9/01 PS-REPAIR 28.84 1015210 11/29/01 PS-TRICO /I WIPER BAlDE 2 28.84 1014734 11/6/01 PS-REPAIR 28.27 1014775 11/8/01 PS-REPAIR 27.74 1014896 11/14/01 PS-REPAIR 25.01 1014742 11/6/01 PS-REPAIR 25.01 1014804 11/9/01 PS-REPAIR 25.01 1014794 11/9/01 PS-REPAIR 25.01 1014884 11/13/01 PS-REPAIR 25.01 1015401 12/6/01 PS-Oll CHANGE, lUBE, Oil, 25.01 1015391 12/6/01 PS-Oll CHANGE, Oil, Fil TE 25.01 1015390 12/6/01 PS-Oll CHANGE, Oil, lUBE, 25.01 1015030 11/20/01 PS-lUBE Oil FilTER CHANG 25.01 1015177 11/27/01 PS-Oll CHANGE - lUBE, Oil 25.01 Page: 12 apChkLst 12/31/2001 2:02:17PM Bank: key us bank Check # Date Vendor 163804 12/31/01 Voucher: 163805 12/31/01 Voucher: 163806 12/31/01 Voucher: 163807 12/31/01 Voucher: 163808 12/31/01 Voucher: 163809 12/31/01 Voucher: 163810 12/31/01 Voucher: 163811 12/31/01 Voucher: 163812 12/31/01 Voucher: Final Check List CITY OF FEDERAL WAY Page: 13 (Continued) Invoice Iny Date Description Amount Paid 1015232 11/30/01 PS-OIL FILTER LUBE CHANG 25.01 1015163 11/27/01 PS-OIL, LUBE, FILTER CHAN 25.01 1015552 12/14/01 PS-OIL CHANGE, LUBE, OIL, 25.01 1014945 11/16/01 PS-REPAIR 18.85 1014703 11/5/01 PS-REPAIR 13.32 1015356 12/5/01 PS-TIRES - TIRE REPAIR, PA 13.32 1015101 11/24/01 PS-TIRES REPAIR, PASS 13.32 1015332 12/4/01 PS-TIRE REPAIR, PASS 13.32 1015551 12/14/01 PS-TIRES REPAIR, PASS 13.32 000097 EDEN SYSTEMS INC 12101 11/15/01 MSDP-EDEN SYSTEM UPGR 3,076.91 163804 12199 11/30/01 MSDP-EDEN SYSTEM UPGR 3,140.88 12100 11/15/01 MSDP-EDEN DATA CONVER 1,500.00 12099 11/15/01 MSDP-EDEN PROJECT MAN 468.75 12198 11/30/01 MSDP-EDEN PROJECT MAN 1,218.75 12098 11/15/01 MSDP-EDEN SYSTEM UPGR 600.00 003948 EDGEWOOD FIREPLACE SH 18229 10/25/01 PWST - CHAINS & SHARPEN 196.82 163805 18533 11/21/01 PWSWM - STRIKE OIL 12.91 000343 ELEPHANT CAR WASH ELEPHANT CA 11/30/01 PS-NOV CAR WASH SERVIC 164.86 163806 PS-NOV 1 11/30/01 PS-CAR WASH SERVICE - N 148.94 PS-OCT - 2 10/31/01 PS-CAR WASH SERVICE - 0 193.28 PS-OCT 01 10/31/01 PS-CAR WASH SERVICE 108.72 005900 ENR-ENGINEERING NEWS-R 000001590298 11/29/01 PWA-MAGAZINE SUBSCRIP 69.00 163807 000730 ENTRANCO INC 32846 4/17101 PW-HARRIS BUSINESS PAR 612.00 163808 32030 2/16/01 PW-HARRIS BUSINESS PAR 234.95 006053 ENVIROTECH SEVICES, INC. 136868 11/30/01 PWS-SUPPLlES, DE-ICEING 1,266.30 163809 001046 EOUIFAX CREDIT INFORMAT 4627275 10/25/01 PS-CREDIT REPORTS 33.80 163810 4743287 11/26/01 PS-CREDIT REPORTS 21.31 003536 ERGO & HEALTH NETWORK FEL 93810 11/21/01 CH/HS-FEL 93810 KEYBOAR 105.53 163811 VUR 18SL 11/21/01 CD/HS VURITE DOCUMENT 72.90 000328 ERNIE'S FUEL STOPS (DBA) 90404 11/15/01 VEHICLE FUEL 3,250.31 163812 89299 10/31/01 GAS 1,757.82 Check Total 3,257.43 10,005.29 ~ 209.73 615.80 69.00 846.95 1,266.30 55.11 178.43 5,008.13 Page: 13 apChkLst 12/31/2001 2:02:17PM Bank: key us bank Check # Date Vendor Final Check List CITY OF FEDERAL WAY Page: 14 (Continued) Inyoice 163813 12/31/01 004840 EVAC-EMERGENCY VEHICL Voucher: 163813 100428 100555 100528 100530 100541 100495 100621 100609 100549 100478 100510 100608 100544 100554 Inv Date Description Amount Paid 10/8/01 PS-MISC REPAIR/SUPPLIES 400.37 11/19/01 PS-REMOVAL-POLICE PACK 271.25 11/9/01 PS-MISC REPAIR/SUPPLIES 216.98 11/12/01 PS-REWIRE EMERGENCY E 681.71 11/14/01 PS-PA 1540-201 LIND DC PO 141.04 10/29/01 PS-MISC REPAIR/SUPPLIES 32.55 12/18/01 PS-MISC REPAIR/SUPPLIES 124.78 12/11/01 PS-MISC REPAIR/SUPPLIES 92.23 11/16/01 PS-MISC REPAIR/SUPPLIES 65.10 10/22/01 PS-MISC REPAIR/SUPPLIES 59.68 11/5/01 PS-NIGHT SIGHT SAVER DO 59.68 12/11/01 PS-MISC REPAIR/SUPPLIES 48.83 11/15/01 PS-MISC REPAIR/SUPPLIES 45.57 11/19/01 PS-MISC REPAIR/SUPPLIES 32.55 Check Total 2,272.32 N N) Page: 14 apChkLst Final Check List Page: 15 12/31/2001 2:02:17PM CITY OF FEDERAL WAY Bank: key us bank (Continued) Check # Date Vendor Inyoice Inv Date Description Amount Paid Check Total 163814 12/31/01 001131 EVERGREEN AUTO ELECTR 001917 12/14/01 MSFLT-BEACON INOP REPL 450.80 Voucher: 163814 001545 10/9/01 MSFLT- RADIATOR, ANTI-FR 427.55 001818 11/30/01 MSFL T-FUEL PUMP REPLAC 389.04 001964 12/19/01 MSFL T-FUSE BOX, FUSE, B 307.86 001891 12/8/01 MSFL T-OXYGEN SENSOR L 259.76 001909 12/11/01 MSFLT-TURN SIGNAL WIRI 214.84 001533 10/8/01 MSFL T-SOLVENT FOR MV, M 147.69 001605 10/22/01 MSFLT-TRANMISSION FILT 137.38 001834 12/4/01 MSFL T-OIL LUBE FILTER #2 124.84 001746 11/15/01 MSFL T-LUBE OIL FILTER #2 103.56 001745 11/15/01 MSFL T-LUBE OIL FILTER #2 103.56 001757 11/17/01 MSFL T-LUBE OIL FILTER #2 103.56 001642 10/29/01 MSFLT-REPAIR/MAINT SVCS 88.64 001836 12/3/01 MSFL T-LUBE OIL FILTER #2 62.41 001626 10/24/01 MSFL T-REPAIR/MAINT SVCS 57.97 r(I 001734 11/14/01 MSFL T-LUBE, OIL, FILTER C 53.88 f'I\ 001919 12/14/01 MSFL T-LUBE, OIL, FILTER C 45.31 001833 12/1/01 MSFL T-LUBE OIL FILTER BU 40.83 001754 11/17/01 MSFL T-LUBE OIL FILTER #2 37.43 001760 11/17/01 MSFL T-LUBE OIL FILTER 35.26 001890 12/8/01 MSFL T-LUBE OIL FL TR LlC # 32.50 001889 12/8/01 MSFL T-LUBE OIL FILTER LlC 32.50 001753 11/16/01 MSFL T-REPAIR/MAINT SVCS 32.50 001608 10/23/01 MSFL T-FUSE HOLDER, WIR 605.57 001756 11/17/01 MSFL T-LUBE OIL FILTER #1 32.50 001684 11/5/01 MSFLT-TURN SIGNAL FLAS 14.05 001761 11/17/01 MSFL T-LUBE OIL FILTER 32.50 001733 11/14/01 MSFL T - OIL LUBE FILTER 32.50 4,006.79 163815 12/31/01 001748 EVERSON'S ECONO-VAC IN 016228 11/14/01 SWM-VACUUM/JET RODDIN 488.47 488.47 Voucher: 163815 163816 12/31/01 001297 FACILITY MAINTENANCE CO 035490 12/28/01 PKM-LANDSCAPE MAINTEN 14.15 Voucher: 163816 035488 12/28/01 MONTHLY LANSDCAPING S 14.15 035492 12/28/01 PKM-LANDSCAPE MAINTEN 14.15 035489 12/15/01 PKM-LANDSCAPE MAINTEN 14.15 56.60 Page: 15 apChkLst Final Check List Page: 16 12/31/2001 2:02:17PM CITY OF FEDERAL WAY Bank: key us bank (Continued) Check # Date Vendor Invoice Iny Date Description Amount Paid Check Total 163817 12/31/01 000876 FAMILIAN NORTHWEST INC 006-4675554 12/12/01 PKM-TUBING CUTTER 70.69 70.69 Voucher: 163817 163818 12/31/01 000217 FEDERAL EXPRESS CORPO 4-032-55776 11/23/01 MSDP-DELIVERY SERVICES 59.40 Voucher: 163818 4-032-86252 11/30/01 MSDP-DELIVERY SERVICES 38.35 97.75 163819 12/31/01 004270 FEDERAL WAY MIRROR 010388 11/24/01 MSHR-JOB ADVERTISEMEN 243.00 Voucher: 163819 003444 11/14/01 PWSWR-NOTICE PUBLICA 202.40 003424 11/3/01 CDPL-NOTICE: LAND USE A 183.43 003455 11/21/01 CDPL-NOTICE: OF LAND US 164.45 010356 11/17/01 MSHR-JOB ADVERTISEMEN 243.00 003479 12/1/01 CDPL-NOTICE:NOTICE OF L 151.80 003456 11/21/01 CDPL-NOTICE: OF PUBLIC H 56.93 003439 11/10/01 CDPL-NOTICE: REVISED NO 142.31 010016 8/22/01 MSHR-JOB ADVERTISEMEN 141.75 003450 11/17/01 CDPL-NOTICE: PUBLIC LAN 126.50 --;J- 003465 11/24/01 CDPL-NOTICE: OF LAND US 94.88 003438 11/10/01 CDPL-NOTICE: INTERPERTA 79.06 1,829.51 1'1) 163820 12/31/01 001055 FEDERAL WAY SYMPHONY 10/6-7&11/3 12/28/01 PKRCS-FROM RUSSIA WITH 4,000.00 4,000.00 Voucher: 163820 163821 12/31/01 004910 FILETEX LLC 01-588 11/12/01 CDA - LASERPRINT COLORC 117.34 Voucher: 163821 01-589 11/16/01 CDA - LASERPRINT COLORC 37.86 155.20 163822 12/31/01 000033 FIRESAFE/FIRE & SAFETY 032646 11/19/01 PS-RECHG EXTINGUISHER 192.05 Voucher: 163822 032587 11/15/01 PS-RECHG EXTINGUISHER 16.28 032647 11/19/01 PS-RECHG EXTINGUISHER 80.83 289.16 163823 12/31/01 004366 FLOYD EQUIPMENT CaMPA 17559 12/5/01 SWMM-MISC. MATERIALS, 2 24.14 24.14 Voucher: 163823 163824 12/31/01 005857 FOILMASTER DESIGNS 3351 12/1/01 PRCS-CERTI DANCE CLS 65.28 Voucher: 163824 3359 12/3/01 PRCS-CERT JUDO/BOWL'G 45.70 110.98 163825 12/31/01 005218 FRANCISCAN OCCUPATIONA1029-11 12/5/01 MSHR-EMPLOYEE FLU SHe 921.50 921.50 Voucher: 163825 163826 12/31/01 004566 G&M HONEST PERFORMANC31 002 11/19/01 MSFL T- chains 83.86 Voucher: 163826 30870 11/15/01 MSFL T-CHAINS/CABLES/DEI 316.73 31979 12/20/01 MSFL T-BLADES AND REFIL 18.99 31028 11/20/01 MSFLT- HEADLAMPS 17.38 436.96 163827 12/31/01 000964 GASB-GOVT ACCTNG STANDFEB02 RENEW 12/27/01 GASB COMPREHENSIVE PL 170.00 170.00 Voucher: 163827 Page: 16 apChkLst Final Check List Page: 17 12/31/2001 2:02:17PM CITY OF FEDERAL WAY Bank: key us bank (Continued) Check # Date Vendor Inyoice Iny Date Description Amount Paid Check Total 163828 12/31/01 004578 GENE'S TOWING INC 203713 10/7/01 PS-TOWING SERVICES 239.36 Voucher: 163828 212772 10/20/01 PS-TOWING SERVICES 46.00 285.36 163829 12/31/01 001052 GENUINE PARTS COMPANY 605053 10/18/01 MSFL T-OIL 15W40 45.63 Voucher: 163829 068061 11/7/01 MSFL T-BALL MOUNT, TR BA 41.31 606194 10/26/01 MSFL T-REPAIR SUPPLIES - 34.33 608273 11/8/01 MSFL T-TOWELS 23.91 614156 12/18/01 MSFL T- DOME LIGHT, BULB 19.88 611773 12/3/01 PWSWM-HOSE CLMP, GASE 47.97 613337 12/13/01 MSFL T- TRUCK #252, HALOG 10.32 606790 10/30/01 MSFL T-TRK #200 FUSE 4.98 611946 12/4/01 PWSWM-TERMINALS, FUSE 8.45 236.78 163830 12/31/01 004824 GOS PRINTING CORPORATI 0-56231 12/4/01 PS- PROPERTY EVIDENCE R 847.88 847.88 Voucher: 163830 163831 12/31/01 003831 GSR POLYGRAPH SERVICES 1 0/01 &08 10/31/01 PS-POL YGRAPH EXAMS 250.00 Voucher: 163831 SRPANSY11/30 11/30/01 PS-POL YGRAPH EXAMS 125.00 375.00 '^ 163832 12/31/01 000671 H D FOWLER COMPANY 1075272 11/13/01 PKM-REPAIR/MAINT SUPPL 44.60 44.60 ~ Voucher: 163832 163833 12/31/01 001431 ICON MATERIALS INC 26263 12/7/01 PWS-CLASS B ASPHALT 81.32 81.32 Voucher: 163833 163834 12/31/01 000367 IIMC-INT'L INST OF MUN CLE RENEWAL MB 12/31/01 IIMC MEMBERSHIP DUES 215.00 215.00 Voucher: 163834 163835 12/31/01 000016 IKON OFFICE SOLUTIONS 16398794 12/6/01 MSM&D-COPIER MAINT SV 1,811.97 Voucher: 163835 16358784 11/6/01 MSM&D-COPIER MAINT SV 2,021.93 16360859 11/5/01 MSDP-FAX MACHINE MAINT 206.58 16398795 12/5/01 MSDP-FAX MACHINE MAINT 206.58 4,247.06 163836 12/31/01 002137 INLAND FOUNDRY COMPAN 27572 11/1/01 SWM-VANED GRATE 716.10 716.10 Voucher: 163836 163837 12/31/01 005468 INTERNATIONAL ASSOCIATI 2002-1235 10/29/01 PS-IACA MEMBERSHIP DUE 25.00 25.00 Voucher: 163837 163838 12/31/01 003211 IRON MOUNTAIN/SAFESITE I 445032671 10/31/01 MSC-RECORDS STORAGE S 1,499.20 Voucher: 163838 445033661 11/30/01 MSC-RECORDS STORAGE S 1,036.65 2,535.85 163839 12/31/01 005272 JAMS COSTUMESIDBA DANS1015-201 10/15/01 PKRCS-STYLE#183-WNTR D 400.41 400.41 Voucher: 163839 163840 12/31/01 005656 JIM'S DETAIL SHOP 10450F 12/4/01 PS-DETAIL SVCS #513 151.23 151.23 Voucher: 163840 Page: 17 apChkLst Final Check List Page: 18 12/31/2001 2:02:17PM CITY OF FEDERAL WAY Bank: key us bank (Continued) Check # Date Vendor Invoice Iny Date Description Amount Paid Check Total 163841 12/31/01 002933 JORGENSEN, RONALD THOR INVOICE 12/7/01 PKRCS-TAI CHI PROGRAMS 680.00 680.00 Voucher: 163841 163842 12/31/01 005934 K P TRANSLATION SERVICE CA19626FW 11/6/01 INTERPRETER SERVICE 256.66 256.66 Voucher: 163842 163843 12/31/01 002679 KANG, SAI C CA18787FW 8/24/01 INTERPRETER SERVICE 420.00 420.00 Voucher: 163843 163844 12/31/01 004397 KDD & ASSOCIATES PLLC 15-3 12/26/01 PW-NEW HIGH SCHOOL 2,539.18 Voucher: 163844 14-1 12/11/01 PW-GLENWOOD PLACE 1,973.39 14-4 12/10/01 PWT-PROJECT ENGINEER S 720.15 11-5 12/10/01 PWT-PROJECT ENGINEER S 716.80 15-1 12/10/01 PW-GLENWOOD PLACE EXP 426.71 15-2 12/11/01 PWD-EXP REV:GLENWOOD 240.05 14-2 12/11/01 PWD-EXP REV:GLENWOOD 192.04 14-3 12/26/01 PW-NEW HIGH SCHOOL 3,551.09 15-4 12/10/01 PWT-PROJECT ENGINEER S 144.03 ~ 12-5 12/10/01 PWT-PROJECT ENGiNEER S 84.33 10,587.77 ~ 163845 12/31/01 001647 KELLER SUPPLY COMPANY 7691618 9/14/01 PKRCS-FLAGS 114.91 114.91 Voucher: 163845 163846 12/31/01 000478 KING COUNTY CLERKS ASS RENEW ANNU 12/31/01 ANNUAL DUES RENEWAL 20.00 20.00 Voucher: 163846 163847 12/31/01 000125 KING COUNTY FINANCE DIV 1087141 11/19/01 PWT-KC SIGNS/SIGNAL MA 21,718.66 Voucher: 163847 1086952 11/6/01 PWT-KC SIGNS/SIGNAL MA 15.25 1087142 11/19/01 PWT-KC SIGNS/SIGNAL MA 3,791.39 1075178-AUG' 11/7/01 PS-KING CO JAIL{AUG'01) A 2,197.90 27,723.20 163848 12/31/01 005568 KING COUNTY FLEET ADM D 200822 12/4/01 SWMM-MISC SUPPLIES, 8M 313.93 313.93 Voucher: 163848 163849 12/31/01 000564 KING COUNTY PET LICENSE NOV 2001 12/21/01 MSF-REMIT KC PET FEES 248.00 248.00 Voucher: 163849 163850 12/31/01 003898 KING COUNTY RADIO 300745 11/30/01 MSTEL-RADIO SERVICES 3,762.50 Voucher: 163850 35096 11/29/01 MSTEL-RADIO SERVICES 216.96 35094 11/29/01 MSTEL-RADIO SERVICES 42.50 4,021.96 163851 12/31/01 000302 KING COUNTY RECORDS-EL 1095188 12/28/01 voter registration costs 2001 59,419.89 59,419.89 Voucher: 163851 163852 12/31/01 003464 KING COUNTY SUPERIOR C 01-2-29487-3 12/27/01 PWS-CONDEMNATION SETT 73,425.00 73,425.00 Voucher: 163852 Page: 18 apChkLst Final Check List Page: 19 12/31/2001 2:02:17PM CITY OF FEDERAL WAY Bank: key us bank (Continued) Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 163853 12/31/01 000201 KINKO'S INC 515100060397 12/14/01 PS-PRINTING SERVICES 2,547.88 Voucher: 163853 515100060234 12/4/01 PS-PRINTING SERVICES 598.40 515100060122 11/27/01 PKM-PRINTING SERVICES 4.90 515100060032 11/19/01 PS-PRINTING SERVICES 544.00 515100060233 12/4/01 PS-PRINTING SERVICES 370.46 515100060147 11/28/01 PS-PRINTING SERVICES 183.87 515100059767 11/1/01 PS-PRINTING SERVICES 172.59 515100059472 10/16/01 PWST-PRINTING SERVICES 101.22 515100060257 12/5/01 PS-PRINTING SERVICES 81.60 515100059833 11/5/01 PS-PRINTING SERVICES 70.18 515100060009 11/16/01 PWST-PRINTING SERVICES 58.63 515100060206 12/3/01 CDPL - PLANNING COMMISS 57.29 515100059972 11/14/01 PKGRND-PRINTING SERVI 21.76 515100060067 11/21/01 PKM-PRINTING SERVICES 19.86 515100060323 12/10/01 PKM-COMMUNITY WORK PA 19.75 4,852.39 r- 163854 12/31/01 003363 KLlNE,MYRON PS-REIMB SH 12/17101 POLICE BUSINESS REIMBUR 54.39 54.39 to Voucher: 163854 163855 12/31/01 005995 KRISTAR ENTERPRISES INC 0006349-IN 10/17/01 SWMWQ-SUPPLIES 525.00 525.00 Voucher: 163855 163856 12/31/01 000032 KROLL MAP COMPANY INC 00035032 11/30/01 PWS-MAPS 999.87 999.87 Voucher: 163856 163857 12/31/01 004971 KRONOS INC 254124 11/20/01 MSDP-TIMEKEEPING SYSTE 1,125.00 1,125.00 Voucher: 163857 163858 12/31/01 003399 KVASNYUK, NIKOLAY CA20083 11/20/01 DISTRICT COURT INTERPRE 220.00 220.00 Voucher: 163858 163859 12/31/01 000096 LAKE HAVEN UTILITY DISTR 2984001 12/11/01 PKM-WATER SERVICE 15.01 Voucher: 163859 2832301 12/11/01 PKM-WATER SERVICE 14.48 3059601 12/28/01 PKM-WATER SERVICE 15.01 44.50 163860 12/31/01 002055 LAKESHORE LEARNING MAT 2-256828 11/19/01 RING TOSS GAMES 54.82 54.82 Voucher: 163860 Page: 19 apChkLst Final Check List Page: 20 12/31/2001 2:02:17PM CITY OF FEDERAL WAY Bank: key us bank (Continued) Check # Date Vendor Invoice Iny Date - Description Amount Paid Check Total 163861 12/31/01 004052 LAW ENFORCEMENT EQUIP 11300117 11/30/01 PS-SAFETY EQUIPMENT SA 249.01 Voucher: 163861 11300118 11/30/01 PS-SAFETY EQUIPMENT SU 199.21 10290107 10/29/01 PS-SAFETY EQUIPMENT - N 728.47 11060102 11/6/01 PS-SAFETY EQUIPMENT AM 149.73 11260104 11/26/01 PS-SAFETY EQUIPMENT BU 76.66 11300116 11/30/01 PS-SAFETY EQUIPMENT - H 113.93 10290111 10/29/01 PS-SAFETY EQUIPMENT - P 113.11 1,630.12 163862 12/31/01 003730 LE MONS, ROBERT C IAO055696 11/16/01 INTERPRETER SERVICE 180.00 180.00 Voucher: 163862 163863 12/31/01 003919 LE, HUAN CA22034 12/11/01 INTERPRETER SERVICE 43.75 43.75 Voucher: 163863 163864 12/31/01 003157 LES SCHWAB TIRE CTRS OF 208681 11/17/01 MSFLT-TIRES 354.64 Voucher: 163864 208756 11/19/01 MSFL T-TIRES 267.19 208693 11/17101 MSFL T-TIRES & SERVICE 177.67 208679 11/17/01 MSFL T- TIRES 177.32 'be 208677 11/17/01 MSFL T-TIRES 537.73 rO 208678 11/17/01 MSFL T-TIRES 177.32 205825 10/2/01 MSFLT-TIRE REPAIR TR 13 D 17.81 210762 12/19/01 MSFL T-2245 HIGHWAY SER 141.55 208076 11/8/01 MSFL T-DELUXE MIDGET RA 23.72 1,874.95 163865 12/31/01 003466 LIGHTNING POWDER COMP L01-01317 11/19/01 PS-CRIME SCENE SUPPLIE 49.75 Voucher: 163865 L01-00497 11/12/01 PS-CRIME SCENE SUPPLIE 43.75 93.50 163866 12/31/01 000630 LLOYD ENTERPRISES INC 57482 11/19/01 PKM - CIP 7/8" WASHED RO 226.53 Voucher: 163866 56902 10/9/01 PKMGRND - PRO GRO 667.45 57722 12/6/01 PKCP-PLAYFIELD SAND 219.14 57072 10/26/01 PWST - TOPSOIL 11.05 57538 11/21/01 PKM-STONE/GRAVEL SUPPL 213.79 57402 11/14/01 PKM-STONE/GRAVEL 5/8" C 208.40 57478 11/17101 PKM - CIP 5/8 CRUSH ROCK 200.36 57619 11/29/01 PWST- PRO GRO 53.52 57637 11/30101 PWST - PRO GRO 53.52 56900 10/16/01 PWSWM - DUMPA WASTE D 47.39 57663 12/3101 PWST - PRO GRO BLEND 26.76 1,927.91 163867 12/31/01 004149 LMI OFFICE SUPPLY NR-APPLICATI 12/5/01 CDB - NOTARY SUPPLIES/D 101.91 101.91 Voucher: 163867 Page: 20 apChkLst Fina! Check List Page: 21 12/31/2001 2:02:17PM CITY OF FEDERAL WAY Bank: key us bank (Continued) Check # Date Vendor Inyoice l!1v Date Description Amount Paid Check Total 163868 12/31/01 005339 LOWE'S HIW INC LOWES 12/28/01 PWS-REPAIR/MAINT SUPPL 415.11 415.11 Voucher: 163868 163869 12/31/01 005043 MACHINERY POWER & EQU T0973701 12/10/01 PKM-FORKLIFT RENTAUSA 206.72 206.72 Voucher: 163869 163870 12/31/01 001004 MAILMEDIA INC 35785 11/21/01 PRCS-WINTER REC GUIDE 679.95 679.95 Voucher: 163870 163871 12/31/01 000960 MATTHEW BENDER & COMP 19745214 11/26/01 LAW-WA ADMIN LAW PRAC 78.85 Voucher: 163871 19054580 11/16/01 LAW-WA EMPLOYMENT 4E 69.34 148.19 163872 12/31/01 004182 MCDONOUGH & SONS INC 119028 11/19/01 PKM - PARKING LOT CLEAN I 471.06 Voucher: 163872 119065 11/30/01 PKDBC-POWER WASH:CRT 456.96 119029 11/19/01 PKDBC-POWER WASH:FRO 261.12 1,189.14 163873 12/31/01 005256 MCGEE, BOBBIE CA1 0771 FW 12/29/01 INTERPRETER SERVICE 40.00 40.00 Voucher: 163873 163874 12/31/01 006008 MCLOUGHLIN & EARDLEY C 124819 11/27/01 MSFL T-PS MOTORCYCLE L 976.80 Voucher: 163874 124373 11/13/01 MSFL T-VECHICLE SPOTLIG 325.00 1,301.80 \J 163875 12/31/01 005674 MERCADO, ANNA M CA23459 12/13/01 INTERPRETER SERVICE 100.00 ro Voucher: 163875 CA011029 12/11/01 INTERPRETER SERVICE 90.00 190.00 163876 12/31/01 000286 METROCALL 0592001 11/24/01 MSTEL-PAGER SERVICE 25.06 25.06 Voucher: 163876 163877 12/31/01 001263 MICHAELS STORES #8900 190511 10/23/01 PKRCS-MISC.REC.SUPPLIE 17.48 17.48 Voucher: 163877 163878 12/31/01 001793 MICROFLEX INC 00013276 11/2/01 MSA-TAX AUDIT PROGRAM 213.45 Voucher: 163878 00013322 12/3/01 MSA-TAX AUDIT PROGRAM 91.85 305.30 163879 12/31/01 003170 MODERN SECURITY SYSTE 30608 11/28/01 PKM-ALARM MONITORING S 32.64 32.64 Voucher: 163879 163880 12/31/01 001843 MORRIS PIHA REAL ESTATE #734 A-04 DE 12/31/01 RENT-#734 A-04 DEC 01 5,947.00 Voucher: 163880 #730 KLCC 12/31/01 PKRLS-#730 KLCC RENTAL 493.49 6,440.49 163881 12/31/01 003352 MOTOROLA INC WO328392 11/30/01 MSDP/PS VRM REPAIR 386.24 386.24 Voucher: 163881 163882 12/31/01 000041 MURTOUGH SUPPLY COMP 158208 12/12/01 PS-HOUSEHOLD SUPPLIES 79.01 79.01 Voucher: 163882 163883 12/31/01 006063 N E S TRENCH SHORING 16943601 12/14/01 SWMM-MISC. SUPPLIES; L 1,590.99 1,590.99 Voucher: 163883 163884 12/31/01 003167 NATIONAL ASSOC PARLIAM MEMBERSHIP 12/31/01 MEMBERSHIP RENEWAL:S. 110.00 Voucher: 163884 RENEW DUES 12/31/01 ANNUAL DUES RENEWAL F 20.00 130.00 Page: 21 apChkLst 12/31/2001 2:02:17PM Bank: key us bank Check # Date Vendor Final Check List CITY OF FEDERAL WAY Page: 22 (Continued) Invoice 163885 12/31/01 001215 NATIONAL SEMINARS GROU 400250366-00 Voucher: 163885 Inv Date Description 11/30/01 PS-BUSINESS WRITING COU Amount Paid 195.00 Check Total 195.00 <C ~ Page: 22 apChkLst Final Check List Page: 23 12/31/2001 2:02:17PM CITY OF FEDERAL WAY Bank: key us bank (Continued) Check # Date Vendor Invoice Iny Date Description Amount Paid Check Total 163888 12/31/01 000043 NEW LUMBER & HARDWARE 133062 11/21/01 SOLID PIPE/LANDSCAPE FA 136.61 Voucher: 163888 133280 11/28/01 RAKE/FORK 110.61 132997 11/19/01 MISC HARDWARE 187.57 132179 10/30/01 CEMENT 82.13 132552 11/8/01 CEMENT 41.07 134112 12/18/01 CEMENT 82.13 131878 10/23/01 MISC HARDWARE 74.68 134028 12/14/01 PKM-REPAIR SUPPLIES 61.25 132845 11/15/01 CABLE FOR TENNIS NET 58.75 133076 11/21/01 SCREWS/BOLTS 52.08 134194 12/20/01 MISC HARDWARE 45.01 133209 11/16/01 MISC SUPPLIES 39.12 132286 11/2/01 INVRT - TIP 39.09 133992 12/14/01 PKM-REPAIR SUPPLIES 37.55 132469 11/7/01 MISC /GLOVES/KNIVES 36.37 131634 10/17101 MISC HARDWARE 32.36 ::t- 133867 12/12/01 TARP/BUNGEE 27.75 132909 11/16/01 MISC PLUMBING 26.58 132619 11/9/01 HACKSAW/MISC SUPPLIES 26.01 133553 12/4/01 DRILL BIT 25.45 131715 10/18/01 MISC PLUMBING 25.40 133962 12/13/01 WING CONNECTOR/ELECTR 24.75 134007 12/14/01 PKM-REPAIR SUPPLIES 24.43 133223 11/27/01 MISC HARDWARE 20.30 132959 11/19/01 ROLLED ROOFING/PAINT T 20.28 132883 11/16/01 SEALER 19.00 133724 12/7/01 PAILS 16.37 131835 10/22/01 BATTERY 16.29 133200 11/26/01 TROWEL 16.10 132010 10/26/01 GLOVES 15.35 131866 10/23/01 FEMALE/MALE DISCONNECT 13.98 132968 11/19/01 MISC SUPPLIES 13.03 132626 11/9/01 SCREWS/BOL TSIBA TTERY 12.37 133378 11/29/01 ELLITBE/CPLG/ADAPTER 11.80 131848 10/23/01 TRAPS 11.72 Page: 23 apChkLst Final Check List Page: 24 12/31/2001 2:02:17PM CITY OF FEDERAL WAY Bank: key us bank (Continued) Check # Date Vendor Invoice Iny Date Description Amount Paid Check Total 133477 12/3/01 KEY TAGS/QUICK RELEASE 11.50 132866 11/16/01 RESTROOM SUPPLIES 11.21 132197 10/31/01 MISC LAWN AND GARDEN 10.91 132720 11/13/01 BATTERY 10.86 133366 11/29/01 JIG BLADE 10.47 133071 11/21/01 FLASH LIGHT BATTERIES F 10.40 133383 11/30/01 FLASHLIGHT 9.78 133064 11/21/01 KEY/DEADBOL T/PADLOCK 39.28 133326 11/29/01 GLOVES 9.78 132514 11/7/01 COUPLING/PIPE RETURN/PU -3.01 133281 11/28/01 GLOVES 9.78 131751 10/19/01 MISC HARDWARE 9.77 133008 11/20/01 CIRCUIT ANALYZER 9.38 132532 11/8/01 PVC MUDDY/BATTERY 8.78 133394 11/30/01 POLY FUNNELIWA TER PUM 8.46 132106 10/29/01 BUTANE GAS LIGHTER 7.61 N 133529 12/4/01 SLiP/ELUBALL VALVE 7.47 :j""' 132819 11/15/01 PAINT 7.03 132981 11/19/01 VA VLES/SCREWS/BOL TS 6.75 133217 11/27/01 GLUE/RAGS/PRIMER 6.63 131987 10/25/01 MISC HARDWARE 6.51 132270 11/1/01 GLOVES 5.86 132741 11/13/01 HOSE 5.82 132052 10/26/01 30730 3-90 DEGREE ELL 5.77 132097 10/29/01 3-90 DEGREE ELL 5.77 133643 12/6/01 MAGNET NUT SETTER 5.77 133960 12/13/01 ELECTRICAL SUPPLIES 5.76 133494 12/3/01 NIPPLE/BUSHING 5.24 131944 10/24/01 MISC HARDWARE 4.48 133922 12/12/01 KNIFE/JUTE TWINE 4.42 131921 10/24/01 MISC SCREWS/BOLTS 3.99 133389 11/30/01 PVC 16" WASTE WIBAFFEL 3.91 133700 12/7/01 MISC ELECTRICAL 3.63 133956 12/13/01 MISC ELECTRICAL 3.25 133771 12/10/01 CPLG/MISC HARDWARE 3.23 Page: 24 apChkLst Final Check List Page: 25 12/31/2001 2:02:17PM CITY OF FEDERAL WAY Bank: key us bank (Continued) Check # Date Vendor Invoice Iny Date Description Amount Paid Check Total 132164 10/30/01 MISC HARDWARE 3.13 133776 12/10/01 CONCRETE 2.17 133021 11/20/01 WASHERS/COPPER PIPE 2.01 133594 12/5/01 MISC SCREWS/BOLTS 1.99 133568 12/4/01 MISC SCREWS AND BOLTS 1.84 133513 12/3/01 POLY ELL EXFE 1.07 1,771.80 163889 12/31/01 003138 NORM ED 12378-372316 11/21/01 PS-GLOVES/SAFETY SUPPL 243.02 243.02 Voucher: 163889 163890 12/31/01 000959 NORSTAR INDUSTRIES INC 31061 11/28/01 PWS-SUPPLlES, SPS-H1/4 22.30 Voucher: 163890 30968 11/13/01 PWS-MISC. EQUIPMENT 8.32 30.62 163891 12/31/01 001391 NORTH COAST ELECTRIC C 083131900 12/10/01 PKM-ELECTRICAL SUPPLIE 22.97 22.97 Voucher: 163891 163892 12/31/01 003736 NORTHWEST TOWING INC 5478 10/19/01 PS-TOWING SERVICES 202.26 202.26 Voucher: 163892 163893 12/31/01 002623 OFFICEMAX CREDIT PLAN 5005536 9/27/01 PKPL- COPIES - JON JAING 21.55 21.55 I'{'\ Voucher: 163893 "1"- 163894 12/31/01 003060 OHNO, JOHN CA22729FW 12/13/01 INTERPRETER SERVICE 100.00 100.00 Voucher: 163894 163895 12/31/01 000504 ORIENTAL GARDEN CENTER 001232 12/13/01 PWST - AIR CLEANERS, SP 19.81 Voucher: 163895 000542 11/15/01 PKM-STIHL CHAIN 25.02 1372 12/17101 PKM-REPAIRIMAINT SUPPL 1.31 46.14 163896 12/31/01 000034 ORIENTAL TRADING COMPA 388310997-01 11/23/01 PKRC- SANTA CLAUS WIG & 23.55 23.55 Voucher: 163896 163897 12/31/01 002545 PACIFIC AIR CONTROL INC 68073 12/3/01 PKRLS-HVAC MAINT SVCS 217.60 217.60 Voucher: 163897 163898 12/31/01 005951 PACIFIC AUTO TRENDS 335 11/15/01 PS-COMPLETE TINT ON 98 163.20 163.20 Voucher: 163898 163899 12/31/01 000112 PACIFIC COAST FORD INC FOCS69883 11/13/01 PS-VEHICLE #626 - REPLAC 432.64 Voucher: 163899 FOCS68708 10/18/01 PS- ALIGNMENT AND BALAN 330.61 FOCS69320 10/31/01 PS-VEHICLE #903 - AIR BAG 437.55 247096 10/30/01 MSFL T- DOOR HANDLE 58.35 247063 10/25/01 MSFL T-ARM REST 27.24 1,286.39 163900 12/31/01 004004 PACIFIC COAST FORD INC PS-DEC 2001 12/30/01 PS-VEHICLE LEASE 1,535.81 1,535.81 Voucher: 163900 Page: 25 apChkLst Final Check List Page: 26 12/3112001 2:02:17PM CITY OF FEDERAL WAY Bank: key us bank (Continued) Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 163901 12/31/01 000315 PACIFIC NORTHWEST TITLE 455858 11/26/01 PWST - 5288 & SR 99 PROJE 359.04 Voucher: 163901 455860 11/26/01 PWST- S 228TH & SR99 PRO 359.04 455862 11/26/01 PWST- S 228TH & SR99 PRO 359.04 455855 11/27/01 PWST- S 228TH & SR 99 359.04 455857 11/27/01 PWST- S 228TH / SR99 PRO 359.04 452993 10/26/01 PWST - SR 99 PHASE I HMA 359.04 455863 11/27/01 PWST-S. 288TH / SR99 PRO 359.04 448925 10/3/01 PWST - PARCEL #066 231 0 359.04 455854 11/27/01 PWST-S. 288TH ST SR 99 P 359.04 455859 11/26/01 PWST-S. 228TH & SR99 PRO 359.04 455856 11/27/01 PWST- S 288TH & SR99 PRO 359.04 455861 11/26/01 PWST - S 288TH & SR99 PR 359.04 4,308.48 163902 12/31/01 002044 PACIFIC SAFETY SUPPLY IN 111693 11/21/01 SWMM-MISC. SUPPLIES; G 222.29 222.29 ~ Voucher: 163902 163903 12/31/01 002379 PACIFIC TOPSOILS INC 9530 12/4/01 SWM TOPSOIL MATERIAL D 550.00 550.00 Voucher: 163903 163904 12/31/01 004263 PANASONIC/HEARTLAND SE HSI0063893 12/4/01 MSDP/PS LAPTOP REPAIR 747.67 Voucher: 163904 HSI0063907 12/5/01 MSDP/PS LAPTOP REPAIR 549.40 1,297.07 163905 12/31/01 006069 PANDHER, GURJIT REIMB 11/07/ 12/27/01 REIMBURSE AIRFARE/CLE C 270.50 270.50 Voucher: 163905 163906 12/31/01 000920 PAPER DIRECT INC 333881710101 11/27/01 OFFICE SUPPLIES 57.93 57.93 Voucher: 163906 163907 12/31/01 002386 PAWLAK, SUSAN CA11395FW 10/29/01 INTERPRETER SERVICE 122.50 Voucher: 163907 CA22064 12/4/01 INTERPRETER SERVICE 87.50 SPANISHINT 12/11/01 SPANISH INTERPRETER SE 70.00 CA15337 11/27/01 INTERPRETER SERVICE 70.00 CA20249FW 12/5/01 INTERPRETER SERVICE 122.50 CA15182 11/29/01 INTERPRETER SERVICE 52.50 CA22303 11/28/01 INTERPRETER SERVICES 35.00 CA22064FW 12/4/01 INTERPRETER SERVICE 35.00 INTERPCAL 11/20/01 INTERPRETER SERVICE 35.00 630.00 163908 12/31/01 005025 PCCI 110101-B 11/1/01 PKCHB-JANITORIAL SVCS 1,796.00 Voucher: 163908 110564 12/29/01 PKRLS-JANITORIAL SVCS 915.00 120564 12/1/01 PKRLS-JANITORIAL SVCS K 915.00 3,626.00 - Page: 26 apChkLst Final Check List Page: 27 12/31/2001 2:02:17PM CITY OF FEDERAL WAY Bank: key us bank (Continued) Check # Date Vendor Inyoice Inv Date Description Amount Paid Check Total 163909 12/31/01 000101 PETTY CASH 12410 12/24/01 2002 CALENDAR/FEWINS 420.83 420.83 Voucher: 163909 163910 12/31/01 001166 PETTY CASH 012406 12/20/01 PRCS-PRKG REC INC 201.35 201.35 Voucher: 163910 163911 12/31/01 001189 PETTY CASH 12416 12/26/01 LAW-PARKING REIMBURSE 435.79 435.79 Voucher: 163911 163912 12/31/01 002557 PETTY CASH FUND-PARKS M12380 12/20/01 PKM-PETTY CASH FUND RE 148.11 148.11 Voucher: 163912 163913 12/31/01 002024 PETTY CASH-WITNESS FEE NOV 2001 11/26/01 MSF-REIM WITNESS FUND 188.62 188.62 Voucher: 163913 163914 12/31/01 000808 PLATT ELECTRIC SUPPLY 0718410 10/16/01 PKCP-LiGHTING SUPPLIES 152.32 Voucher: 163914 0822205 11/8/01 PKDBC-LlGHTING SUPPLIES 18.28 'v1 0935672 12/10/01 PKCP-LiGHTING SUPPLIES 110.85 0754616 10/24/01 PKDBC-LlGHTING SUPPLIES 64.95 346.40 -;j- 163915 12/31/01 004389 PNTA-PACIFIC NORTHWEST 64426 11/15/01 PKKFT-THEATRE EQUIPMEN 727.93 727.93 Voucher: 163915 163916 12/31/01 001612 POLLARD GROUP INC 54869 11/9/01 PWSWR-POSTCARDS 835.07 Voucher: 163916 54720 10/29/01 MSM&D/PS-BUSINESS CAR 189.43 54853 11/1/01 PWSWR-OPTIONS BROCHU 1,645.64 55215 11/30/01 MSM&D/PS-BUSINESS CAR 113.35 2,783.49 163917 12/31/01 001411 POSTALEXPRESSINC BM2111004 11/30/01 MSM&D-CITY POSTAGE 2,496.31 2,496.31 Voucher: 163917 163918 12/31/01 000049 PRESTON GATES & ELLIS L 543761 11/21/01 LAW-PSE ADV. CITIES 979.33 979.33 Voucher: 163918 163919 12/31/01 000120 PUGET SOUND CLEAR AIR A 9316S 11/30/01 2002 CLEAN AIR ASSESMEN 28,450.00 28,450.00 Voucher: 163919 Page: 27 apChkLst Final Check List Page: 28 12/3112001 2:02:17PM CITY OF FEDERAL WAY Bank: key us bank (Continued) Check # Date Vendor Inyoice Inv Date Description Amount Paid Check Total - 163921 12/31/01 000051 PUGET SOUND ENERGY INC 398-842-1008 12/7/01 MC-FACILITY ELECTRICITY/ 1,504.40 Voucher: 163921 439-922-1003 12/7/01 PKM MAl NT. ELECTRICITY 1,254.54 345-200-2003 12/7/01 PARK MAINT. CELEBRATION 1,065.77 109-922-1002 12/7/01 PKM ELECTRICITY 869.25 918-041-1002 12/7/01 PKM MAINT GAS & ELEC 637.83 654-132-1003 12/31/01 PS-ELECTRICITY CHARGES 615.98 DEC 2001 12/7/01 MC-FACILITY ELECTRICITY 575.03 8883891007 12/7/01 MC-FACILITY ELECTRICITY 575.03 669-650-2001 12/12/01 PWT-STREET LIGHTING 442.55 534-132-1007 12/7/01 PS-ELECTRICiTY CHARGES 420.96 625-940-2003 12/10/01 PWT-STREET LIGHTING 387.08 744-132-1002 12/7/01 PS-ELECTRICITY CHARGES 386.10 458-148-1001 12/6/01 PWT-STREET LIGHTING 314.28 ~ 604-130-2008 12/7/01 PWT-STREET LIGHTING 307.23 '::t'" 487-650-2008 12/12/01 PWT-STREET LIGHTING 306.77 168-847-1000 12/7/01 PS-ELECTRICITY CHARGES 297.54 330-694-9979 12/12/01 PWT-STREET LIGHTING 272.15 141-467-1006 12/6/01 PWT-STREET LIGHTING 264.79 112-722-1008 12/7/01 PWT-STREET LIGHTING 239.38 525-940-2005 12/7/01 PWT-STREET LIGHTING 235.65 925-940-2004 12/7/01 PWT-STREET LIGHTING 224.06 250-275-0389 12/5/01 PWT-STREET LIGHTING 214.70 225-650-2002 12/7/01 PWT-STREET LIGHTING 201.36 733-930-2007 12/7/01 PWT-STREET LIGHTING 194.58 733-930-2007 11/6/01 PWT-STREET LIGHTING 192.80 241-985-1007 12/7/01 PWT-STREET LIGHTING 189.85 934-132-1009 12/7/01 PS-ELECTRICITY CHARGES 166.35 722-288-1000 12/30/01 PK MAINT ELECT 162.79 733-829-1003 12/5/01 PWT-STREET LIGHTING 161.27 519-842-1009 12/7/01 PK MAINT CITY HALL GAS/E 3,232.60 644-132-1004 12/31/01 PS-ELECTRICITY CHARGES 161.09 121-220-2004 12/11/01 PWT-STREET LIGHTING 5.47 183-469-1006 12/17101 PWT-STREET LIGHTING 160.15 652-017-1007 12/7/01 PWT-STREET LIGHTING 154.83 373-087-1005 12/6/01 PWT-STREET LIGHTING 154.32 Page: 28 apChkLst Final Check List Page: 29 12/31/2001 2:02:17PM CITY OF FEDERAL WAY Bank: key us bank (Continued) Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total - 895-405-1002 12/13/01 PWT-STREET LIGHTING 153.99 233-930-2008 12/7/01 PWT-STREET LIGHTING 146.31 720-429-1004 12/5/01 PWT-STREET LIGHTING 135.72 497-198-1008 12/7/01 PWT-STREET LIGHTING 121.33 177-437-1007 12/6/01 PWT-STREET LIGHTING 118.57 786-230-1007 12/7/01 PWT-STREET LIGHTING 116.48 544-132-1006 12/7/01 PS-ELECTRICITY CHARGES 112.53 755-430-2005 12/5/01 PWT-STREET LIGHTING 108.50 252-150-2001 12/17101 PWT-STREET LIGHTING 107.81 886-203-1005 12/7/01 PWT-STREET LIGHTING 107.66 420-530-2005 12/12/01 PWT-STREET LIGHTING 105.44 454-132-1008 12/7/01 PS-ELECTRICITY CHARGES 96.86 917-259-1001 12/5/01 PWT-STREET LIGHTING 84.88 r- 319-041-1003 12/7/01 PK MAINT FACILITIES 79.83 7' 472-400-1005 12/17101 PWT-STREET LIGHTING 75.83 889-288-1007 12/10/01 PWT-STREET LIGHTING 65.84 504-368-1005 12/6/01 PWT-STREET LIGHTING 54.99 359-540-2003 11/12/01 PWT-STREET LIGHTING 41.84 359-540-2003 12/12/01 PWT-STREET LIGHTING 40.24 002-141-1004 12/7/01 PARK MAINT. FACILITIES 37.02 153-835-1005 12/7/01 PS-ELECTRICITY CHARGES 19.07 177-159-1003 12/5/01 PARK MAl NT. FACILITIES EL 10.99 657-289-0009 12/4/01 PWT-STREET LIGHTING 6.37 221-220-2002 12/11/01 PWT-STREET LIGHTING 6.17 711-141-1000 12/7/01 PK MAINT FACILITIES ELEC 5.47 102-441-1002 12/5/01 PARK MAINT. FACILITIES 5.47 18,513.74 163922 12/31/01 000533 PUGET SOUND SPECIAL TI 16453 11/30/01 PKM- S-200 MARKING CHAL 675.09 675.09 Voucher: 163922 163923 12/31/01 005977 PURE HEALTH SOLUTIONS I 20603947676 11/14/01 PS-BOTTLED WATER SVC 445.68 445.68 Voucher: 163923 163924 12/31/01 000073 QUADRANTSYSTEMSINC 011219-2 12/19/01 MSDP-MS CASHDRAW ADA 1,017.00 1,017.00 Voucher: 163924 163925 12/31/01 000202 QWEST 204-0609472 12/31/01 MSTEL-PHONE/DATA SVC 5,069.97 Voucher: 163925 815-9920112 12/4/01 MSTEL-PHONE/DATA SVC 65.70 630-1529268 12/31/01 MC-FAX MACHINE CHARGE 21.18 5,156.85 - Page: 29 apChkLst Final Check List Page: 30 12/31/2001 2:02:17PM CITY OF FEDERAL WAY Bank: key us bank (Continued) Check # Date Vendor Inyoice Inv Date Description Amount Paid Check Total 163926 12/31/01 005922 QWEST DEX 009900053000 11/22/01 PKDBC-DIRECTORY AD 214.80 214.80 Voucher: 163926 163927 12/31/01 002093 RALEIGH, SCHWARZ & POW 92187 11/15/01 MSRM-DELETE 95 FORD INS 809.00 809.00 Voucher: 163927 163928 12/31/01 005302 RAMSEY LANDSCAPE MAIN 3239 12/18/01 PWS-ROW LANDSCAPE MA 2,360.96 2,360.96 Voucher: 163928 163929 12/31/01 005945 REMINGTON ARMS COMPAN 044611 12/14/01 PS-REG FEE:ARMORERS CO 375.00 375.00 Voucher: 163929 163930 12/31/01 004402 ROASHAN, MOHAMMED K CA23482 12/11/01 INTERPRETER SERVICE 63.55 Voucher: 163930 CA23482 12/7/01 INTERPRETER SERVICE 54.80 CA23482 11/30/01 INTERPRETER SERVICE 54.80 173.15 163931 12/31/01 004849 SAMS SANITARY & MAINTEN 58314 10/29/01 PKMGRNDS-JANITORIAL SU 302.16 Voucher: 163931 60049 12/6/01 PKCHB-JANITORIAL SUPPLI 147.92 60097 12/12/01 PKM-JANITORIAL SUPPLIES 63.10 00 59227 11/26/01 PKCHB-JANITORIAL SUPPLI 125.64 58313 10/29/01 PKM-JANITORIAL SUPPLIES 121.94 -;¡- 58251 10/23/01 PKM-JANITORIAL SUPPLIES 70.40 831.16 163932 12/31/01 003174 SAN DIEGO POLICE EQUIPM 545009 11/7/01 PS-AMMUNITION 4,716.00 4,716.00 Voucher: 163932 163933 12/31/01 006059 SANDOVAL, TIFFANY PRCS-TRIP 12/3/01 PRCS-TRIP LDR REC INC 76.50 76.50 Voucher: 163933 163934 12/31/01 006041 SCHNEIDER-SIMPSON SHEE 1-25820-01 11/29/01 PS-SHEETMETAL BACKING 70.53 70.53 Voucher: 163934 163935 12/31/01 003215 SEATTLE PUMP & EQUIPMEN11085 10/23/01 PWS-MISC. EQUIPMENT 524.69 524.69 Voucher: 163935 163936 12/31/01 004811 SEATTLE STERLING MACK CS20176 12/13/01 MSFL T-TRUCK 252 WIPER B 14.21 14.21 Voucher: 163936 163937 12/31/01 000106 SELECT TRAVEL INC 112051045 12/5/01 PS-AIRFARE: VOLUNTEER R 300.00 300.00 Voucher: 163937 163938 12/31/01 005539 SEMISI-TUPOU, VAlVAe CAO022552 12/4/01 INTERPRETER SERVICE 184.49 Voucher: 163938 CAO022007 11/27/01 INTERPRETER SERVICE 144.49 1AO053309 11/16/01 INTERPRETER SERVICE 94.49 423.47 163939 12/31/01 005340 SENIOR SERVICES OF SEAT PRCS-SR LNC 12/7/01 PRCS-SR LUNCH PROG 347.65 347.65 Voucher: 163939 Page: 30 apChkLst Final Check List Page: 31 12131/2001 2:02:17PM CITY OF FEDERAL WAY Bank: key us bank (Continued) Check # Date Vendor Inyoice Iny Date Description Amount Paid Check Total 163940 12/31/01 001988 SERVICE LINEN SUPPLY 1108/8173 11/8/01 PKRLS-LiNEN SERVICES 29.66 Voucher: 163940 1213/5748 12/13/01 PKRLS-LiNEN SERVICES 28.15 1115/4132 11/15/01 PKRLS-LiNEN SERVICES 29.66 1122/9067 11/22/01 PKRLS-LiNEN SERVICES 27.81 1101/3186 11/1/01 PKRLS-LiNEN SERVICES 26.75 1206/9625 12/6/01 PKRLS-LiNEN SERVICES 27.81 1129/4858 11/29/01 PKRLS-LiNEN SERVICES 27.81 1025/7303 10/25/01 PKRLS-LiNEN SERVICES 26.75 224.40 163941 12/31/01 002501 SHOPE CONCRETE PRODUC 107985 11/29/01 SWMM-SUPPLlES, TYPE 18 201.81 201.81 Voucher: 163941 163942 12/31/01 000056 SIR SPEEDY PRINTING CENT25370 12/13/01 MSC-PRINTING SERVICES 440.29 Voucher: 163942 25260 11/29/01 MSC- COUNCIL PACKETS P 314.63 25175 11/15/01 MSC-PRINTING SERVICES 104.03 858.95 163943 12/31/01 002405 SMITH PUBLISHERS LLC, M L 7540797-B1 11/20/01 MSRM-RENEW EMPLOYMT L 367.00 367.00 &- Voucher: 163943 ':i 163944 12/31/01 000058 SOUND OFFICE SUPPLY 10415 11/8/01 CDL - LATEX GLOVES 24.31 24.31 Voucher: 163944 163945 12/31/01 003697 SOUND SAFETY PRODUCTS 3002249-01 11/30/01 SWMM-CLOTHING 48.41 48.41 Voucher: 163945 163946 12/31/01 001618 SPEEDY AUTO & WINDOW G 1049464 10/12/01 PS-WINDSHIELD REPAIR #6 351.70 Voucher: 163946 1049463 10/12/01 PS-WINDSHIELD REPAIR CA 351.70 703.40 163947 12/31/01 002548 SPRAGUE PEST CONTROL 1-306698 11/5/01 PKDBC-PEST CONTROL SV 92.48 Voucher: 163947 1-306500 10/18/01 PKRLS-PEST CONTROL SVC 65.28 1-306764 11/5/01 PKM-PEST CONTROL SVCS 89.22 1-308546 12/3/01 PKM-PEST CONTROL SVCS 89.22 336.20 163948 12/31/01 005891 SUDDENIMAGEINC 2945 11/5/01 PS-PHOTO FINISHING SERV 802.92 Voucher: 163948 2524 12/4/01 PS-PHOTO FINISHING SERV 741.95 1,544.87 163949 12/31/01 003896 SUMMIT LAW GROUP 12130 10/15/01 AG01-XXX POLICE NEGOTI 8,750.00 8,750.00 Voucher: 163949 163950 12/31/01 003313 SUPER SEER CORPORATIO 26453 11/2/01 PS-FULL COVERAGE HELME 1,125.01 Voucher: 163950 26672 12/7/01 PS-MICROPHONE COVERS 39.51 1,164.52 163951 12/31/01 005215 TAB NORTHWEST 1285991 RI 12/14/01 PS-CASE FILE JACKETS 1,662.35 1,662.35 Voucher: 163951 163952 12/31/01 000873 TARGET/DAYTON'S CHARGE 0340082 12/30/01 PKRCS-PROGRAM SUPPLIE 16.34 16.34 Voucher: 163952 Page: 31 apChkLst Final Check List Page: 32 12/31/2001 2:02:17PM CITY OF FEDERAL WAY Bank: key us bank (Continued) Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 163953 12/31/01 003085 TECHNOLOGY INTEGRATI 815350 12/13/01 MSDP:HP8550 BlK TONER 3,401.09 3,401.09 Voucher: 163953 163954 12/31/01 006048 TIMAR, KATHERINE CA17403 12/11/01 INTERPRETER SERVICE 96.25 96.25 Voucher: 163954 163955 12/31/01 004218 TIMCO INC 72357 12/18/01 MSFl T-3/4 HYD. OD. BODY H 169.59 169.59 Voucher: 163955 163956 12/31/01 001267 TOP FOODS HAGGEN INC 86174 12/7/01 PKRCS-FOOD HOllY JOllY 128.28 128.28 Voucher: 163956 163957 12/31/01 005321 TOSCO/FLEET SERVICES 8270053 12/6/01 PS-FUEl FOR VEHICLES 60.67 60.67 Voucher: 163957 163958 12/31/01 001436 TREE RECYCLERS 11210B 12/10/01 Remove 3 hemlock trees at St 522.24 522.24 Voucher: 163958 163959 12/31/01 003204 TRUCKERS SUPPLY INC 977199 11/1/01 MSFl T- TRUCK 250 - BLIND 15.18 15.18 Voucher: 163959 ~ 163960 12/31/01 005253 US BANCORP VISA 12/27/01 MSF-CITY TRAVEL EXPENSE 4,147.42 4,147.42 Voucher: 163960 163961 12/31/01 002426 UNITED GROCERS CASH & C91603 12/14/01 PKRCS-PROGRAM SUPPLIE 178.42 Voucher: 163961 86942 11/8/01 PKRCS-FOOD, RECREATIO 11.23 85777 10/31/01 PKRCS-FOOD AND HAND T 95.08 86122 11/2/01 PKRLS-JANITORIAl SUPPLI 84.20 88062 11/16/01 PKRlS-JANITORIAl SUPPLI 81.43 UNITED GROC 11/28/01 PKRCS-HAND TOWELS 51.07 90783 12/7/01 PKRCS-PROGRAM SUPPLIE 48.71 85371 10/27/01 PKRCS-FOD FOR RECREATI 42.29 90761 12/7/01 PKRCS-CANDY CANES:HOl 31.14 85986 11/1/01 PKRCS-PROGRAM SUPPLIE 30.72 85070 10/26/01 PKRCS-FAll COMMUNITY C 29.30 92133 12/18/01 PKRCS-PROGRAM SUPPLIE 23.42 89655 11/29/01 PKRCS-PROGRAM SUPPLIE 14.96 90409 12/5/0; PKRCS-FOOD CONTAINERS 11.61 733.58 163962 12/31/01 003837 UNITED PARCEL SERVICE 0000F6588V49 12/8/01 PS-DELIVERY SERVICES 17.97 Voucher: 163962 0000F6588V48 12/1/01 PS-DELIVERY SERVICES - M 11.64 29.61 163963 12/31/01 000769 UNITED PIPE & SUPPLY CO I 5351665 12/10/01 PKM-IRRIGATION SUPPLIES 3,981.95 Voucher: 163963 5352932 12/10/01 PKM-IRRIGATION SUPPLIES 637.98 4,619.93 - Page: 32 apChkLst Final Check List Page: 33 12/31/2001 2:02:17PM CITY OF FEDERAL WAY Bank: key us bank (Continued) Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 163964 12/31/01 005019 UNITED RENTALS NORTHWE22509856-002 12/7/01 SWM-EQUIPMENT RENTAL B 523.40 Voucher: 163964 UNITED 12/3/01 PWST-BACKHOE/LOADER- E 455.86 22478916-001 11/30/01 PWST- BACKHOE/LOADER, 455.86 22452591-001 11/30/01 PKM-CIP - BACKHOE/LOADE 316.44 22697329-001 12/13/01 PKPULOADER HERITAGE W 228.47 22449535-001 11/30/01 SWM-SAW CONCRETE /BL 201.59 22301442-001 11/20/01 PWSWM- SAW CONCRETE/ 168.95 UNITED 11/28/01 PWST - BACKHOE/LOADER / 597.34 UNITED 11/16/01 PWSWM - SAW CONCRETE / 142.01 22326538-001 11/21/01 SWM-SAW CONCRETE / BL 119.91 3,209.83 163965 12/31/01 003563 VALLEY COMMUNICATIONS 1049 11/9/01 PS-EMER DISPATCH SVCS 150,619.00 Voucher: 163965 1072 11/9/01 PS-EMER DISPATCH SVCS 48.60 150,667.60 163966 12/31/01 004889 VAN METER & ASSOCIATES 100-3172 12/4/01 PS-CRISIS INCIDENT MGT 95.00 95.00 Voucher: 163966 - 163967 12/31/01 001124 VERIZON WIRELESS 122901 12/29/01 MSTEL-CELL AIR TIME 398.54 398.54 \I) Voucher: 163967 163968 12/31/01 006061 VIOLENT CRIME VICTIM SER PS-LECTURE 11/14/01 PS-LECTURE FEES 150.00 150.00 Voucher: 163968 163969 12/31/01 002547 W W GRAINGER INC 755-468657-1 12/3/01 SWMM-MISC. SUPPLIES, V 68.64 68.64 Voucher: 163969 163970 12/31/01 004628 WA STATE PATROL IDENTi OCT8-NOV6 12/29/01 PS-REMIT CPL FEES 912.00 Voucher: 163970 SEP10-DEC3 12/29/01 PS-REMIT CPL FEES 792.00 1,704.00 163971 12/31/01 001061 WA STATE-AGRICULTURE D SWMM-LiC RW 11/19/01 SWMM-LiCENSE RENEWAL 25.00 Voucher: 163971 PWS-LiC RENE 12/10/01 PWS-2002 PESTICIDE LICE 25.00 SWMM-LiC RE 11/16/01 SWMM-LiCENSE RENEWAL 25.00 75.00 163972 12/31/01 000094 WA STATE-AUDiTOR'S OFF I L38933 11/16/01 MSF-AUDIT SVCS:{MOIYR} 142.20 142.20 Voucher: 163972 163973 12/31/01 004258 WA STATE-DEPT OF LlCENS OCT8-NOV6 12/29/01 PS-REMIT CPL FEES 1,287.00 1,287.00 Voucher: 163973 163974 12/31/01 000340 WA STATE-INFORMATION S WA ST-SCAN 12/27/01 MSTEL- NOV'01 SCAN SERV 877.57 877.57 Voucher: 163974 163975 12/31/01 000253 WA STATE-TRANSPORTATI RE31CLA4150F 12/10/01 PWCIP-ADMINISTRATIVE R 249.72 Voucher: 163975 RE41JA4020LO 11/9/01 PWT-REVIEW SIGNAL WARR 223.38 473.10 163976 12/31/01 003209 WASHINGTON POLYGRAPH 01-007 11/1/01 PS-POL YGRAPH EXAM 200.00 200.00 Voucher: 163976 Page: 33 apChkLst Final Check List Page: 34 12/31/2001 2:02:17PM CITY OF FEDERAL WAY Bank: key us bank (Continued) Check # Date Vendor Invoice Jny Date Description Amount Paid Check Total 163977 12/31/01 002567 WEARGUARD 46345172 10/11/01 SWM-COAT 330.73 330.73 Voucher: 163977 163978 12/31/01 003500 WESCOM COMMUNICATIO 11757 11/27/01 PS-TEST LASER LlDAR INST 163.20 Voucher: 163978 11670 10/26/01 PS-CALIBRATE RADAR SYST 87.04 11758 11/27/01 PS-TEST OF LASER LlDAR D 163.20 11759 11/27/01 PS-TEST LlDAR EQUIP DES! 163.20 11760 11/27/01 PS- TEST LlDAR EQUIP ADN 163.20 11761 11/27/01 PS- TEST LlDAR SYSTEM D 163.20 903.04 163979 12/31/01 001241 WEST COAST AWARDS 37828 10/25/01 PRCS - RECREATION lNG, B 86.60 86.60 Voucher: 163979 163980 12/31/01 000173 WEST PUBLISHING CORPOR 800478028 11/19/01 MSDP-DATABASE ACCESS S 675.04 Voucher: 163980 800625760 11/25/01 MC-WESTLAW WA PRACTI 139.84 814.88 163981 12/31/01 001990 WESTERN LlNENIWELCOME D19101 12/3/01 PKRLS-VARIOUS DARK GRA 81.10 81.10 \A Voucher: 163981 163982 12/31/01 001427 WESTERN POWER & EQUIP F25048 10/25/01 MSFL T-FIXED LEAK IN EXTE 480.78 Voucher: 163982 J21982 10/17/01 MSFLT-FLUID, HOSE LARGE 87.16 567.94 163983 12/31/01 002087 WHITMAN GLOBAL CARPET 12032 12/10/01 PKM-QRTL Y CRPT CLEANIN 317.90 Voucher: 163983 11013 11/5/01 PKM - BI MONTHLY CARPET 786.00 12033 12/10/01 PKM - QRTL Y CRPT CLEANI 97.90 1,201.80 163984 12/31/01 002204 WILBUR-ELLIS COMPANY 24-104963 11/16/01 PKCP-BALLFIELD SUPPLIES 517.54 517.54 Voucher: 163984 163985 12/31/01 005680 WILD WEST INTERNATIONAL 112801 11/28/01 PS-FIRING RANGE RENTAL 108.50 108.50 Voucher: 163985 163986 12/31/01 003987 WINSTAR BROADBAND SER 896908 11/7/01 MSDP-INTERNET ACCESS N 500.00 500.00 Voucher: 163986 163987 12/31/01 003109 WOODSTONE CREDIT UNI 2001-12 12/5/01 PS-LEASE CONTRACT FOR 1,792.00 1,792.00 Voucher: 163987 163988 12/31/01 000660 WOODWORTH & COMPANY 1140202 11/20/01 PWS-MISC. SUPPLIES 284.42 284.42 Voucher: 163988 163989 12/31/01 000428 WRPA-WA REC & PARK ASS 32124-6 12/4/01 PRCS-WRPA DUES - JENNI 105.00 105.00 Voucher: 163989 Sub total for us bank: 695,062.99 Page: 34 It) M Qj 01 '" Q. >- <t - 3: ~~ ",0:: uW ",0 .<:: L'J U"- ¡;ju. .= 0 u.~ Õ ::;: Q. ... - N 0 N 1ijo ..JO ",N ¡3~ g-~ ~S '" M ¡,; C> '" 0.. ¡,; '" u '" .<:: U ;:¡; ~ 0 I- 'C <:: E C) t:: 0 Co E en ~ .= en '" u '" .<:: u '" M N apChkLst 12/31/2001 12:16:11 PM Bank: key us bank Check # Date Vendor Final Check List CITY OF FEDERAL WAY Page: 1 Inyoice Inv Date Description 163747 12/19/01 703134 THOMAS, LAURENZO, AND M0101091263 Voucher: 163747 12/19/01 MSRM-CLAIM 01-01-091-263 Amount Paid 2,240.4 7 Sub total for us bank: Check Total 2,240.47 2,240.47 ~ Page: 1 '" ¡,; C> '" a. ~ -~ ::¡~ ",,0:: '" W ., C .cW U"- ¡¡¡"- .S 0 "-Ç: ¡:¡ :;;: a. ~ ~ cD ~ N ~ ''° ...JO ",,'" <3~ ~~ 55 t- ..,. a ..,. N Ñ N ¡,; OJ '" a. ¡,; "" '" ., .c U « '" Õ I- 'C <:: ~ t'J t 0 Co e II> £ .S II> "" '" ., .c '" MEETING DATE: JJs- Jauua'J 15,2002 ITEM# :¡z- & ') CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Preliminary December 2001 Financial Report CATEGORY: BUDGET IMPACT: ~ CONSENT 0 RESOLUTION 0 CITY COUNCIL BUSINESS 0 ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ A TT ACHMENTS: Preliminary December 200 I Financial Report SUMMARY /BACKGROUND: CITY COUNCIL COMMITTEE RECOMMENDATION: The preliminary December 2001 financial report was reviewed by the Finance Economic Deyelopment and Regional Affairs Committee at their January 22nd meeting. The Committee recommends the Council to Approye the report. PROPOSED MOTION: I moye for the approyal of the Preliminary December 2001 Financial Report. CITY MANAGER APPROVAL: ~ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLED/DEFERREDINO ACTION 0 MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 FROM: ".' ">, y. wu 'Y'.. ..-. -. FRX NO. : Jan. 29 2002 03: 12PM P2 CITY .~~ ~; ECERAL '~~ AY MEMORANDUM Dew: January HI. 2002 Fmance, Economic Devslopment & RagiOnaJ Affairs Commit!ee To: From: Tho Kreus, !'Inancla! Management Supervisor December 200' Monthly Financial Report Subject: AcCon Røauestecl: Acœpt the Preliminary Deœmber 2001 Mootnly Flnarclal Report and forward to th& next Council meeting for full Coun," approvaL J<:Ii'IMIo!!JI'O1 rotr>Ml'IU'~D,,^CC'VR,OOC I-I -", L! (\ ').. <) CITY IF ~ ED ERFIL ~~ RY" ContClct: (,C> 1-4170 1>(,1 u\<>(,¿ "A City for All of Us' Overview Significant Events General Government Revenues Expenditures Attachment A 2 -13 14-18 19 Preliminary December 2001 Monthly Financial Report This is a preliminary December 2001 report and is subject to change. The final year-end 2001 report will be forwarded to the February FEDRAC. This prelinrinary report focuses mainly on activity incurred in the following operating funds: General, Street. Arterial Street, Utility Tax Projects, Solid Waste & Recycling, Hotel/Motel Lodging Tax, 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 October for the years 1996 through 2001. HIGHLIGHTS City of Federal Way Offers New Online Business License Renewal Process: In conjilllction with MRSC (Municipal Resource & Service Center) and the state of Washington, the City of Federal now offers business establishments the ability to renew their business licenses, update pertinent information and also pay for services on-line. This is expected improve and create more efficiency in the business license renewal processes. Citv of Federal Wav GOVERNMENTAL REVENtJES December 2001 Monthlv Financial Reoort General governmental operating revenue collections through December total $43,220,452, which is $1,912,502 or 4.6% above the year-to-date budget of $41,307,951. Of this amount, $305,068 is related to Utility taxes and REET that are reserved for the payment of debt services. Attachment A provides a comparison of year-to-date revenues by major sources for 2001 with comparative figures for the past 5 years. Property Taxes Sales Tax Hotel/Motel Lodging Tax Criminal Justice Sales Tax Intergovernmental Real Estate Excise Tax Gambling Taxes Utility Taxes Court Revenue Building Permits/Fees-CD Expedited Review Fees-CO ROW PermitslFees-PW Expedited Review Fees-PW Licenses Franchise Fees Recreation Fees Dumas Bay Centre Knutzen Family Theatre Interest Eamings Admin I Cash Management Fees SWM Fees Refuse Collection Fees Police Services Other ubtotalO tin Revenues. Interfund Transfers -In Other Financin Sources otaIReYel1"es&:QtherSo"fces. REVENUE SUMMARY BY MAJOR REVENUE SOURCES Period Ending December 31, 2001 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ .2000 : Act"",. . . 6,976,972 $ 10,159,770 $ 126,767 $ 1,632,969 $ 3,317,666 $ 2,149,691 $ 1,601,699 $ 5,524,329 $ 942,606 $ 1,076,978 $ 92,732 $ 260,398 $ 51,501 $ 137,180 $ 496,418 $ 538,930 $ 484,865 $ 81,144 $ 1,315,590 $ 170,588 $ 3,074,347 $ 154,365 $ 967,328 $ 54,951 $ .' 41389,1184 . :. 2001~ise<lBudget ". ". '.: . Thi:Wlih: . Annual . oØcember 7,200,394 $ 7,200,394 9,905,347 $ 9,905,347 121,500 $ 121,500 1,589,767 $ 1,589,767 3,168,255 $ 3,168,255 1,750,000 $ 1,750,000 2,000,000 $ 2,000,000 6,016,400 $ 6,016,400 1,022,784 $ 1,022,784 1,194,583 $ 1,194,583 $ 259,583 $ $ $ $ $ $ $ $ $ $ $ $ $ ACtual" . . Throu~h. . '.DeCember :: . $ 7,235,242 $ 10,302,061 $ 138,817 $ 1,657,647 $ 3,795,504 $ 1,997,537 $ 2,188,285 $ 6,073,931 $ 998,827 $ 1,051,463 $ 118,343 259,583 $ 362,774 $ 22,068 $ 96,737 $ 591,965 $ 578,208 $ 590,230 $ 86,771 $ 898,136 $ 476,302 $ 2,951,828 $ 149,514 $ 780,474 $ 78,633 ".43 1- S.: 174,809 561,294 625,540 534,312 65,475 841,319 476,306 3,165,155 153,013 423,516 58,599 .'41'307951 7,230,373 6,583,405 $ .48,620357 $ .41,871;356 1& 174,809 581,294 625,540 534,312 65,475 841,319 476,306 3,165,155 153,013 423,516 58,599 . 41~3(f7951". .'."'. .. .. Vaii"rièi!. .'. .:F~\«>~Þfi;(\JiIf¡¡i;p"bi.) . "Dòilars($)' : Perœrif %f.' $ 34,848 0.5% 396,714 4.0% 17,316 14.3% 67,880 4.3% 627,249 19.8% 247,537 14.1% 188,285 9.4% 57,531 1.0% (23,957) -2.3% (143,120) -12.0'Æ 118,343 nta 103,191 39.8% 22,088 nta (78,072) -44.7% 30,671 5.5% (47,332) -7.6% 55,918 10.5% 21,296 32.5% 58,817 6.8% (4) 0.0% (213,327) -6.7% (3,499) -2.3% 356,958 84.3% 20,034 0.0% ,,1'91:3345 ".4;S'I. 0.0% 0.0% : 1;6'1. 6,583,405 5,438,493 47,871,356 $ :48,659;789 . $ 1,124,912 . 188;433 COMPARISON OF 2001 OPERATING REVENUES - BUDGET TO ACTUAL <6500000 <1500000 36500000 31500000 26500000 21500000 16500000 11500000 6500000 1500000 Jan Total 2001 Budgeted Revenues SO1,30T,OSI Feb Mar Ap, May Jun Jur Aug Sep Oct Nov Dee CitvofFederal Wav December 2001 Monthlv Financial Report Property tax Property tax revenue collected through December total $7,235,242, which includes second half property taxes. Actual taxes received in December total $39,975, which is $2,025,939 or 98% lower than November's receipt. The large decrease is due to the receipt of most of second half property tax payments in November. The fITst half payment was received in ApriVMay. Real Estate Excise Tax Year-to-date Real Estate Excise tax revenue total $1,997,537, which is $247,537 or 14.1% above budget amount of $1,7500,000. The current months' receipt of$168,156 is also above the monthly estimate of$144,839 by $23,317 or 16.1%. There were a total of 230 real estate transactions of which 106 were tax exempt and 4 were mobile home sales. The largest transactions in December consist of the sale of Ocean Ridge apartments phase I for $9.2 million; a parcel in the East Corporate park for $2.2million; and the sale oflots 8, 9, and 10 in West Campus Office Park for a total of $1.3 million. REAL ESTATE EXCISE TAX ACTIVITY Through December 2001 ..!' ..<i> ""rf' '" t;; ! ! 8 ¡ (¡ !! i!! ti; :! J! ~ :f ~ Citv of Federal Wav December 2001 Monthlv Financial Reoort Sales Tax Sales tax received through December of $10,302,061 is $396,714 or 4.0% above the annual budget of $9,905,347. Year-to-date December 2001 Sales tax revenue is $142,291 or 1.4% higher than December 2000 revenue of$IO,159,770. Sales tax received in the month of December total $835,083, which is $24,912 or 2.9% below the adopted budget estimate of$859,995. May J"y Retail sales continue to remain the largest source of sales tax revenue, accounting for 63.4% of all sales tax collections. However, year-to-date December 2001 retail sales tax collections are $60,856 or .01% lower than December 2000. The decline would have been steeper if not for the monthly internal audit which resulted in recovery of over $76,000 on a year-to-date basis. Construction and contracting activity, which accounts for 10.9% of sales tax collections is $42,224 or 3.7% above year 2000 activity. This continues to be a relatively high percentage of tax collection when compared to historical trend. We anticipate tax from construction to slow substantially in the first quarter of 2002, as indicated by the number of building permit applications received for new construction. Service industries accounts for 10.9% of the total sales tax collections in the month of December. Service sales tax is up from the prior month by $77,385 or 7.3%. On a year-to-date basis, service sales tax is up $160,556 or 14.2% from the year 2000. Hotels/motels, personal services and amusement/recreation accounts for most of the increase. Citv of Federal Wav Government activity through December total $147,531, which is a $5,757 or 6.4% increase from the same period last year. December 2001 Monthlv Financial Reoort SALES TAX ACTIVITY BY SIC CODE YTD Through December 2001 ". fa. Government ,:",nu 1.4% Sales Tax Activity by Area -13.1% 13.8"/0 987: 11.1% -1.4% 3.0% 0.5% -4.2% na na 12.6% 11.3% 10.6% 10.1% 9.6% -ii.6% -55% 384,578 381;330" ~'~8,203 '~. 18, -3.goA 28.0% 0.8"/0 9.7% 11.2% -3.9% na 4.8"/0 4.3% 4.3% 4.6% 4.3% -ii.2% -52% 543 321:566J 471.146 Ii6O 514 6.8", 11.1% 5C!'/o 253. 6% 48.4% 6.8"/0 na na 1.2% 1.0% 3.3% 4.7% 4.9% 0.3% 53% 130131 2Q1 --'1>445 2.ß"A na na -6.3% 23.6% 21.8% 23% na na 1.4% 1.7% 1.5% 1.7% 1.9% 2/7% Oll'/o 0.8"/0 39,712 43.!1Jr m J£--~ 1œ,j _.-:-~ -..27,856 27.1 n% 9.7% 8.8"/0 -109% 143.4% 271% na na 0.5% 05% 0.5% 04% 1.ll'/o 1.3% 03% 25.3% The City's largest retail center, South 348th, which generates over 13.8% of the City's sales tax experienced a decline of$213,991 or 13.1% when compared to the year 2000. The decline is due in part to decreased construction activity, and the other is a result of continuous competition from Wal-Mart, which began its operation in March of 2000. Sales tax has decreased slightly from the prior month by $4,047 or 3.6%, with decreases in such areas as the retail building materials, retail eating and drinkjng, and wholesale durable goods. However, there was as increases in retail general merchandise from the prior month. SeaTac Mall is showing a decrease of $42,811 or 4.2% when compared to the year 2000 activity. Sales tax also decreased from the prior month by $13,410 or 17.3%, with most significant decreases in such areas as retail apparel accessories and retail general merchandise. Major Auto Sales have through December collected $446,905, which is $18,043 or 3.3% below the same period in 2000. This is due to higher car sales generated in 2000 as a result of the passing of Initiative 695. However, sales tax has increased from the CitvofFederal Wav December 1001 Monthlv Financial Reoort prior month by $28,679 or 78.i %, indicating an increase in auto sales. South 3i2'h to South 3i61h Biock sales tax activity is $32,5i4 or 6.8% above the same period in 2000. However, December sales tax collection is below November's collections by $i,63i or 4%. Slight decreases could be seen in such areas as retail/general merchandise, retail eating and drinking, and wholesale durable goods. Hotels & Motels sales tax collected through December total $130,643, which is a $27,856 or 27.1% increase over the same period in 2000. Revenue has gradually increased, with the largest increase still being between the years i999 and 2000. The increase was a result of new hotel additions in Federai Way in the year 2000. We have however started to see some improvement in HotellMotei Lodging Tax activities, since the September II th incident. SALES TAX BY AREA YTD through December, 2001 Oth" ~=se';~~ M'" 654% S 348lh 138% P'.iIlO." Co"" . 20% M'J" A",o, S312lhloS 4.3% 316th o~ Gambling Tax Gambling tax collection is $i87,442 or 9.4% above the year-to-date budget of $2,000,000. Year-to-date December 2001 tax collection is also above the same period in 2000 by $585,744 or 36.6%. December's collection is also $2,304 or 1.3% above the monthly budget estimate of$i82,203. The year-to-date increase is due in part to the collection of $64,663 in delinquent taxes /Tom one establishment. In addition, another establishment reopened its card room activity, which it had ceased operating between the periods of July i999 and May 2000. Two establishments were delinquent in filing their November 200i returns, however, we expect to receive these payments in January of 2002. Citv of Federal Wav December 2001 Monthlv Financial Reoort Table ,.fl.", gambnog a,tlvlt, thm"gh Ootob., 00 a ,..h b..l, HoteVMotel Lodging Tax HoteVmote1 lodging tax collected through December total $138,817, which is $17,316 or 14.3% above the budget total of $121,500. The amount collected represents activity ¡¡-om November 2000 to October 2001. The month-to-month budget is somewhat unreliable as only a year of history is available. HOTa.IMO1EL LODGING TAX" REVENfJfiS 1999.2001 - 2000 2001 2001 - - AdûoI -- -' Ac/usI $ Wrianœ $ Wrianœ January $ $ 7,169 $ 7,169 $ 10,145 $ 2,976 41.5' February 6,255 6,255 10,977 4,722 75.5% Ma"'" 6.204 6,204 11,239 5,035 81.2'" April 7,553 7.553 11,226 3,673 48.6"" May 10,383 10,383 13,693 3,311 31.9'" Jure 4,541 7.351 7,351 10,978 3,627 49.3% Ju~ 5,401 8,584 8,584 10,663 2,079 24.2'/, !'<.\Just 5,689 11,600 11.600 9.933 (1,673) -14.4% September 8,538 15,569 15,569 16,071 502 3.2'" 0cI0be>- 7,613 15,460 15,460 12,644 (2,816) -18.20/, NoverrIJer 8,971 13,463 13,463 9,007 (3,856) -28.6% DeœntJer 6,428 11,004 11,004 11,641 (262) -2.2'" YTDOctT- 47,181 121,500 121,500 138,817 17,316 14.3% Total $ 47,181 $ 121,500 $ 121,500 $ 138,817 $ 17,316 14.~ Utility Tax Utility tax received through December total $6,073,931 which is $57,531 or 1.0% above the budget total of$6,016,400. Year-to- date December 2001 utility tax receipt is also above the same period in 2000 by $549,602 or 9.9%. Gas taxes exceed the total budget of $745,244 by $229,749 or 30.8% due mainly to two large rate increases implemented in the past 18 months. Cellular taxes also exceed the budget total of $786,080 by $212,739 or 27.1%, a growth trend consistent with prior years, Contrary to expectations, the electrical utility tax is $72,598 or 3.6% below the 2000 collections. This was primarily due to conservation efforts initiated during the energy crisis in earlier part of the year. Citv of Federal Waf December 2001 Monthlv Financial Reoort -0.5% 5.4'A -9.3% -7.9% 27.1% -63.7"A July August September October 5.9% 2.2% 2.7'Æ -5.2% -2.0% -5.1'Æ -7.2% 0.7% City of Federal War December 2001 Monthlv Financial Reoort State Shared Revenue State shared revenue collected through December total $5,453,151 and exceeds the budget total of $4,675,594 by $777,557 or 16.6%. The majority of the variance was due in part to a receipt of $470,179 in July of 2001 for local government financial assistance. In addition, there were significant increases in liquor profit tax, local criminal justice sales tax, and fuel tax from the prior month. 373,352 240,226 64,955 442,941 276,409 75,308 69,590 36,183 10,353 na na 15.1% 15.9% na 1,805 1,632,969 1,735,658 733,086 10,936 1,589,767 1,721,708 680,038 5,548 na 4.3% 3.2% 9.0% 130.8% na . R""",,~ mooth'yh',""oa' patlOm, (1990-2000) ',,'h'2OO1 Adop"" ",dgot. STATE-SHARED REVENUES 1996-2001 BV,h Lie 'O" $8,000,000 $6,000,000 $4,000,000 $.2,000,000 $- B',,' T" "C,'m'," ","" CEo""""'" m ~ 0) 0) 0) 0 0 0 '" ~ 0 0 '" ~ 0 0 '" BLi"" BMVET Citv of Federal Wav December 2001 Monthlv Financial Reoort Court Revenue Court revenue is $66,581 or 7.5% below year-to-date budget total of $893,478 uom fines and forfeitures. Total court revenue collected through December amounts to $998,827, which is $23,956 or 2.3% below the total year budget of $1,022,784, but is however above last year's collections of $942,806 by $56,021 or 5.9%. This is primarily due to the inclusion of adult probation services (BI, Inc.), and Traffic School Admin Fees. The base line court revenue is $62,936 or 7.1% below 2000 collections, primarily due to the reduction in traffic and non-parking citations, and criminal costs. DUI and other misdemeanors collected through December total $153,019, which is $42,702 or 38.7% above year-to-date budget of $110,317. Criminal costs collected for the year total $75,597, which is $19,722 or 35.3% above the aruma! budget of $55,875. Parking inuactions actual of $57,551 is above the total year budget of $31,041 by $26,510 or $85.4%. Traffic and Non-Parking are below total year budget of $595,898 by $116,480 or 19.5%, but are offset by Traffic School revenue total of$97,606. $50.266 $36.405 $62.565 $61,809 $64,821 $78,577 212% 56,197 37,783 56,562 <3,491 71,43() 70,573 -12% 47,205 46,373 64,643 83,707 76,600 74.074 -3.3% 49.168 49,917 82,673 74.m 78.836 77.631 -15% 51,268 52,203 61,106 75,641 76,408 82,169 75% 42,515 SO,138 64,260 72,121 73,046 77.683 73,812 (3,as1) -50% Jo', 46,168 52,491 80,666 61,536 71,957 76,846 59,666 (17.178) -22.4% "'go" 68,695 65,123 61,,51 71,265 97"," 68,821 71,793 (17.028) -19.2% S.p""'" 36.993 66,626 72,313 62,059 71,311 73,514 67,015 (6,499) -88% 0'10'" 41,043 56,176 74,640 58,199 60,635 73,767 62,6SO (11,117) .151% Noyom'.. 3(),341 45,710 56,SO1 64,346 71,783 66,359 62,91< (3,441) -5.2% O.~m'" 29,904 67,590 55,893 58,863 65,100 68,411 46,015 (22,396) -32.7% . ,"'""".. Oo""R._~'reP.""'"" SoMoo" T",",S""'" Adm'"Fæ ,,-~ æ~'" ,""""'" "'m 01"'" Co", ."S","" Coo""""'. 'Co",R.oo. SoMoo,' ".o."Coo<t"""m"œI""_~"~. Tmffi,S"""'Admio Fæfu"",.. ""'0001 Co",c,o.","" COURT REVENUE YTO Th,oogh O..emb" CT"fflo S,hool Adm .. Fee 1,000,000 .P,o'ello" BOO,OOO S""",, 600,000 400,000 200,000 .C,",' R '"'" 0' O .!' '" .!' & <5' "'~ I?' I?' I?' I?' {' {' 37,181 '~793 !I\CJJJ 33.3)3 .æ8"Æ 134,100 44,100 ~ 37,741 (1,æ5) 40'Æ Citv of Federal War December 2001 Monthlv Financial Report Building Permits and Plan Check Fees Building permit revenues collected through December total $1,051,463, which is below the budget total by $143,119 or 12%. This does not include a year-to-date pass through revenue of $118,343 for expedited and environmental review. Revenue collected for expedited review is not budgeted nor are the offsetting expenses. Building permits, which include mechanical, plumbing and clear/grade permits total $489,595 through the end of December, which is below the adopted budget of$660,855 by $171,260 or 20.2%. Electrical permits total $93,976, which is below the adopted budget by $41,522 or 24.9%. Plan check fees collected through November total $356,630, which is $50,355 or 34.4% above the adopted budget of $290,710. Significant building permits during the month of December include 29 commercial alterations with a total valuation of $4,772,697; and 3 new commercial constructions with a $1,313,162 combined valuation. 68.683 $ 73,001 $ 64,619 $ 85,295 1()1,sa¡ $ 111,258 1æ,334 $ 1<:6.200 86,274 $ 1C!2,588 107,297 $ 123,527 101,765 $ 121,m 63.482 $ 113,891 112,400 $ 101,682 119,5œ $ ¡g652 72,001 $ 00.628 72, 125 $ 79,049 ~ i$1.~ ~,$ ..~..~ if~ 2.244,234 3,ffJi.,527 2,403,765 48,O'Æ 3:l3"Æ 48.7"Æ 48,O'Æ 31.7"Æ 4O.9"Æ 63.3". -21.2"Æ -10.7"Æ -15.5". -32.7", -19m -37.6"Æ -124% æ æ Citv of Federal Wav December 2001 Monthlv Financial Report The table below presents a synopsis of building pemrit activity as of December 31, 2001 for new construction between 1999 and 2001: Building Division - Permit Activity YTD Through December. 2001 1999 2000 2001 ,'Tv"èofPermii Prmt 'Vaioe($) < ',Print' 'VaIÌJel$), P,mt 'Varue$! New Residential (Platted) 102 $ 5.343.350 56 $ 9.031.565 28 $ 4.190.824 New Commercial 16 25.216.319 20 25.807.541 23 35.480.320 New Multi-Family Units 6 2.628.427 12 3,819,904 6 1.789.927 New Public 0 0 0 0 0 0 : S\;Þto,tål'N...Con$t"¡èiion '1~L S ,~M83,O96: ,88 $ ,39.659;i110 '57 $ 41A~1;071, Manufactured Homes 0 0 0 Residential Alterations 95 1,038.109 129 2.509.711 138 3.723.038 Commercial Alterations 201 13.036,799 230 12.815.413 267 23,596.715 Plumbing Only 27 0 68 0 84 0 Mechanical Only 431 4,883.454 366 1.527.024 357 1.756,559 Misc, Buildin9 Permits 0 0 0 0 0 "S<iÞto,IàI::'Altoràtlori" 754 "S;.: ,11h956;~62: :79:1" $ 16;852.148 ,,846 "'$, :29;076;312 Electrical Permits 1461 0 1113 0 980 0 , T~taii3~Hdi!1!1:F'e""i\!! ' ,0" 23311;.: $: ,52,:14$;458 ,1994: $ ,55;511;158 ,1883 ,$,,' 71i,53:7,383 , Non-Buitding Permits: Sign Permits 304 71.203 357 1.059,815 271 523,846 It~al$;' ROW Permits and Fees Overall Public Works pemrits and fees collected through December tolàl $362,774, which is $103,191 or 39,8% above the annual budget of $259,583, A year-to-date pass-through revenue of $22,068 for expedited review is not included in the pemrits and fees. Plan review fees collected total $80,530, which is $39,796 or 31.8% below the budget total of$158,347 for the year, I- Z I- w 0: ::; 0 I- .. O:ZW <tOO: "-1/) WI/):¡ °S;I- ~õ;:! 0:::;1/) °;:1- ;:I/)frl u .., ¡¡¡ ~ :¡ .. .. . ~ C :i1 ¡¡ .. ~ . ~ ~ .i! if ~ ~ N 0 ~ ~ 0 g M ~ i 0 0 ~ g M ~ M ~¡¡~!~¡!!~~¡~!~¡~I~!!~¡ c c ~ < Z ~ c c c . ~ < Z c c § < Z c @ < Z c . c < Z . < Z ~ < Z - L H ~- c < ~r õ ~j ~J . . n u . ã:¿: ;:g ~ I H ~~ COo ¡il ~H hl HI u . . ~L ~jf, ~-- ------------- 'Z ... L~ ~ow ~~~ 0"... !:16;! ~~~ ~I;;o ~ IE t " ~ Æ ~ ~~~ ¡¡U 0"'1;; ~~8 ~~¡¡ "' .: j ¡j '" ::> ä t; ã IE c ~ " ¡ w ~ E ~ ~ ,~ ~I;; -. i Ii ~ ~ II OZ wO E~~ 00.0 ~" 0.8 ~~ 1;;" N " ~ w ¡:! ¡: E ~ N ~ '" ~ '" ~ fjN ¡¡~ "-'; ~~ Ii H II ~~ :¡; § ~ § ~ § § ~hl " "~~~ !Ui ~H ~~~~ Æ8~ ~- a U ~ Ii a ~ - '" ,,'" Hii! ¡ ~23~ M"~§"5 ¡~~ 'i.~~ H~Ht z ~ ~ ~ - § 00 ~ii ~::i~ '!i ~H ! H~ £ ~ coi ~ = ~ '> g I~ . , a i I t - a ~ ¡¡Iii! ¡!lil!lli Do ~~~~ 'c~...'.".o.-"I- :¡h~! :JuiUU , M ~ , ~ - ~ '"- 2 ¡¡:!i ~ i , 0 § ~ z 0 :¡; ;" ~ '~ oS ¡M¡ ;¡~.; ggêi ~:¡~ Q~;¡ ~i;Jg ~h !!J ~ g a ::: ~ w '" ~ E ~ ~ .~ :; t;; "" ~ '"' 5 ~ ~¡ .! u QZ ~g~ a'-Q «'"' '-8 ~w ~~ w ~ ~ ;:: i ::: a a a ~ ~"e . . 0 ~U "~B = 2 ~,¡; Hb ~Hi ~¡H ~Æ¡~ ~ g ~~ [~~~ ~~H ~ ~ ~ ~ § § ~ d ~~i - ~j~ 8 H~ ~ '-EB a M ~ N ~~ H H ~! = ê i~ ~; ~~ ¡;¡ fh ~ ~ ~ ~ ~ § ~ ~ ~ j ~ < 8 ~ N ~ ~ ~ "S ~~ U § ~ ~ ~. N ~~ ~; "g lit ~~'i H~ ~n - - ~ ~ ~ § ~ g .3 ~.~ ~~ ~~ @g n ~~ ~[~H1õ [~~ .8.~~~d=~~ :~~::5 ~~~; ~¡¡"~Eh~.a~ [U:~~h~Þ ~¡¡5Si"ld~~ . 2t-'<M -~~O.!! .O~P.~,,"~. . ~]~~:n'h~] .. Z g .. Z .. Z g g 0 0 ~ ¡¡~~ æ - ~eU ~~f ~"I i'~~~~~~ ~HI~:¡~H~ '::~Si~~~~~~ g.585£ ,'0... ,,>1N~~Si>1=~ ~~ f ~" ~õ ã: 1: ~~~ ~~~Æ!- =.E ~ "jj:;~"¡¡ ~1~ j;'~.l ~.9~ U~ ] -I.~ h -] - c ~h ~~ ;;~ 8. 33 S' i1' ~ ¡t -~ h§ 3=~ Hi :'~8. H~ ~ g ~ i ~ ~] ~ð_~ Æ l~ ;¡¡~¡¡5. ~M.30 :" Hõ~H~ ~HH~n~ 0 ~ , i' 9 Citv of Federal Waf December 2001 Monthlv Financial Reoort Police Services Revenue Police Services Revenue collected through December total $780,471. This amount includes Traffic School revenue of $97,606 and interest eamings of $21,055. Police Security services of$426,187 include payments from the Federal Way School District for semi-annual billing for school resources officer at Decatur, Federal Way and Truman High Schools. Also included is $92,411 of state seizure revenue, which is designated for that specific program. The remaining $143,312 balance is made up of miscellaneous revenue snch as, weapon pennits, police report copies, photographs, fmgerprinting, and false alanns. $298,946 has been received in grant revenues this year, but is included in other fmancing sources. Traffic School and the Explorer program are currently not budgeted revenues, however these adjustments will be made during the carry forward budget adjustment. ia1 Rream Uœnse Pdiœ R;¡¡:xrt OJjes FI'dog"¡Ø; Rrger¡:rinls Pdiœ &3c:uity State SeizLres Federal SeizLres Traffic Scrod & TrafficSafetyQæt I_Eanirgs False .AJam¡ Msœll..-...... Dos Woires Ca1Irad Dnrtìcns & QrlriWicn; -: $ -: $ -; $ 13.435: 10,0C\); 6,542; 75; 105; 1aJ; 9.020; 10.334; 11.147: 10,336 26: 225: 1,200; 547 3.4f.6: 3,SZl; 3.285; 3.261 43,4f12 92.164 17Z921 349,œJ 149,æ? ; 223,245 ; 52.543 : 124,400 -, -, 85,300 3,725: 24,114; 59,358 ; 00,975 97,ffiJ 5,510: 17,745; 22,254 ; aJ,910 21 ,O5ó 13,945 8,::05 44,614 403: 70: 89: ?I3,m 12.171 10,153 ?I3,OO) 46,200 35,550 700: 616; 2.899; 14,100 9,00) Z3,O43 1,758: 001; !œ, 704: 641,192: 195,200: Citv of Federal War December 2001 Monthlv Financial Reoort General governmental expenditures through December total $36,728,068, which is below the annual operating budget of $40,646,180 by $3,918,112 or 9.6%. When compared to the year 2000, operating expenditures are up $580,006 or 1.6%. EXPENDITURE SUMMARY BY DEPARTMENT Period Ending Deœmbet 31, 2001 . Aclùai~ '. '. ThrOUgh .Deœmbilt . $ 206,955 $ 660,907 $ 1,057,414 $ 1,648,248 $ 1,149,559 $ 2,947,660 $ 13,033,783 $ 1,218,234 $ 3,056,650 $ 3,109,906 $ 1,358,785 - $ $ $ $ $ $ $ .".'. .Varià~.... .l'àYOtåbiø ontåVoi'àbI8} '. . . D61\ài$ ($I . ¡>$itent {%) $ 17,938 8.0% 49,001 6.9"J. (973) -0.1% 107,840 6.1% 124,369 9.8% 762,360 20.5% 594,361 4.4°J. 170,704 12.3°J. 190,950 5.9% 566,340 15.4% 648,384 32.2% rJ 13.8°J. rJ 24.9"J. rJ -5.7% 2.2% 9,$"1. rJ '10.7"J. City Council 195,431 City Manager $ 405,195 $ Municipal Court-Operations $ 793,644 $ Management Services $ 1,613,592 $ Civil/Criminal Legal Services $ 1,225,375 $ Corum. Development Services $ 2,969,746 $ Police Services $ 12,899,772 $ Jail Services $ 1,486,659 $ Parks and Recreation $ 3,007,220 $ Public Works $ 3,150,634 $ City Overlay Program $ 1 ,458,054 $ Snow & Ice Removal $ - $ Solid Waste $ 294,540 $ 407,034 HoteVMotel Lodgin9 Tax $ 72,298 $ 139,202 Surface Water Management $ 1,533,594 $ 2,208,181 Debt Service $ 4,328,241 $ 4,528,541 Dumas Bay Centre $ 475,759 $ 520,599 Knutzen Famil Theatre $ 183,280 $ 165,048 &~ÒtiII i .1t\IiIiJi "'. 36,0!I3;1)34' .4Ø;Ø4$,180< OtherFinanci Uses' 11,425,326 11,075,159 TòtàlEx. . !(q$&Q!lì<!ruses $4.,,$1!!;3IiQ$~1;721;33$ rOther Hnanang uses are those actiVIties =dered ore time In nature. 224,893 709,908 1,056,440 1,756,088 1,273,928 3,710,221 13,628,144 1,388,938 3,247,600 3,676,246 2,005,189 350,748 46,835 1,657,912 4,512,519 550,338 161,416 '3e,m;~ 9,439,603 $ . 4M!!7;ß71 $ 56,286 92,367 550,269 16,022 (29,739) 3,632 . 3J11J!.112 1,835,556 M~.ßß$ . COMPARISON OF 2001 OPERATING EXPENDITURES - BUDGET TO ACTUAL $40,600,000 $35,600,000 $30,600,000 $25,600,000 $20,600,000 $15,600,000 $10,600,000 $5,600,000 $600,000 Citv of Federal Wav December 2001 Monthlv Financial Report City Council City Council expenditures total $206,955, which is below the budget total of$224,893 by $17,938 or 8.0%. The savings is due to Puget Sound Regional Council dues not yet spent. Municipal Court Municipal Court Operations expenditures total $1,057,414, which is above the total budget of$I,056,440 by $973 or 0.1%. City Manager: Activity through December total $660,907 and is below total budget of $709,908 by $49,001 or 6.9%. The variance is primarily due to salary savings in earlier part of the year, and the Management Intern position that was Ímally filled in September. CiviVCriminal Legal Activity through December total $1,149,559 and is below the budget total of $1,273,928 by $124,369 or 9.8%. Savings can be found in Civil Legal Services salary and benefits, outside legal counseVlitigation specialist cost (have expended $42.5K or 48.4% of$88K annual budget), and public defense attorney services (have expended $209K or 89.6% of its $233K annual budget). Management Services Activity through December total $1,648,248, which is $107,840 or 6.1% below the year-to-date budget total of $1,756,088. Although Human Resources division has expended its budget for job announcements, savings can be found primarily in one-time fund internal service charges for the Kronos Timekeeping System, Document Imaging System, and the Eden Financial System upgrade. Community Development Conununity Development is below their total year budget of $3,710,221 by $762,360 or 20.5%. The savings are primarily due to unfilled positions in Human Services during the earlier part of the year. In addition, one-time funded programs such as the planned action SEPA contracted services, PAA planning, compensation plans update, and code amendments were not fully expended as at year-end. Parks and Recreation Parks Operations expenditures through December total $3,056,650, which is $190,950 or 5.9% below total year budget of $3,247,600. Savings can be found in some one-time programs such as e-conunerce class registration and other internal service charges that have not yet been allocated but will be for year-end close. Also, there are some outstanding bills that will be paid. Dumas Bav Centre: Operating expenditures for the year total $550,338, which exceeds the total budget of $520,296 by $29,739 or 5.7%. This is primarily due to an increase in professional services, specifically catering and custodial and cleaning charges. The increase in expenditures is offset by a $55,918 or 10.5% favorable revenue variance. Kllutzen Family Theatre: Operating expenditures through December total $161,416, which is $3,632 or 2.2% below total year budget amount of $165,048. Year-to-date revenue of $86,771 exceeds the budget total of $65,475 by $21,296 or 32.5%. The expected increase in expenditures in later part of the year did not occur. Citv of Federal Waf December 2001 Monthlv Financial Reoort The table below summarizes recreation and cultural services and Dumas Bay Centre activity, and their related recovery rates: Community Center Senior Services Special Populations Youth Commission Adult Athletics Youth Athletics Aquatics Celebration Park Arts & Special Events Community Recreation Red. White & Blue Administration T 96.6% 38.9% 24.7% 104.7% 13.8% 13.8% 104.8% 30.3% 37.1% 87.7% 27.8% nfa 131.0% 159.9% 125.2% 99.7% 71.7% 95.1% 143.3% 76.8% 0.6% 105.7% 21.6% 2.6% 147.2% 52.6% 25.5% 79.7% 104.3% 126.2% 118.7% 62.4% 32.9% 53.9 nfa 48.3% 4ct, 550,338 105.8% 102.7% 107.2% 161,416 97.8% 39.7% 53.8% 111.754 I 103.9%1' :~%I 95.1%1 47,444 67.6% nfa nfa Oumas Bay Centre Knutzen Fami! Theatre __vMAS¥""""'"~NTR~ '$ Arts Commission R',","" do 001 locl"d, 9"°" "OP"'\;°9 t,,",f,~ O'pood""", do 001 loo'"d, ,,"d",' 'q"'~ t,,",f,~ "oIh" lo""ood 000,"'"\;0"' Recreation and Cultural Services: Total revenue of $625,540 is $74,072 or 11.8% below the annual budget of $625,540. Direct program expenditure total of $1,023,217 exceeds the annual budget of $960,168 by $63,099 or 6.6%. Recreation services have recovered 53.9% of direct program costs as of year-end. When total administrative expenditure of$301,086 is included, the total recovery ratio is 48.3%. Dumas Bav Centre: Operating revenue total $590,230, which is $55,918 or 10.5% above the annual budget of $534,312. Operating expenditures of $550,338 also exceeds the annual budget of $520,296 by 5.8%. The Dumas Bay Centre has recovered 107.2% of its' total operating costs. Knutzen Familv Theatre: Operating revenue total $86,771, which is $21,296 or 32.5% above the annual budget of $65,475. Total operating expenditure of $161,416 is $3,632 or 2.2% below the annual estimate of$165,048. The Knutzen Family Theatre has also recovered 53.8% of its' total operating costs. Citv of Federal Wav December 2001 Monthlv Financial Report Public Works - Expedited Plan Review (1) 5,000 19,868 25,000 406,500 50,000 50,000 15,198 231,687 65,036 119,367 15,000 $ 84,682 67,811 Neighborhood Traffic Safety-Private Contract Pavement Marking Maintenance-Private Contract Traffic Maintenance (NTS, School Safety)-King Co WSDOT Study Expedited Plan Review Consultant-Traffic Impact Fees Consultant-Transportation Modeling 334,563 3,900 5,091 11,815 Street Maintenance - Private Contractors (2) Street Maintenance - W SDOT Sttucture Maintenance (3) 150,943 29,517 119,000 Pavement Management System $ 15,000 Solid Waste Litter Control Water Utility Billing - KC Watershed Interloca! Agreement State Highway Maintenance - W SDOT Water Analysis Str. Sweeping, Catch Basin, Manhole & Pipes ESAlNPDES Gap Analysis 65,000 10,133 30,000 3,877 238,605 115,000 61,505 11,603 10,045 1,214 113,287 43,361 0.0% 0.0% 82.3% 0.0% nfa 10.2% 77.7% 100.0% 80.1% 94.6% 114.5% 33.5% 31.3% 47.5% 37.7% (1) Expedited plan review service expenditures have malching revenues. (2) Private Contracts for streets maintenance/traffic control ($16,687). ROW vegetation, mowing and tree maintenance ($145,000). stump grinding. Irrigation services. dangerous tree removal ($10,000). tree replacement ($20,000), small works projects ($14,000), Right-of-way contracted inspection ($21,000). and Pavement Management System ($5.000). (3) Private Contractors for sidewalk. ramps. curb and gutter maintenance ($112,696) and fences, guardrails, barriers and retaining wall maintenance ($6,671 ). Public Works Operations: Expenditures are below the total budget of $3,676,246 by $566,340 or 15.4%. Savings can be found in one-time funded programs such as transportation model update and WSDOT study. In addition, some contract payments are not reflected on this preliminary report. Solid Waste and Recycling Operations: Expenditures are below the total budget of $407,034 by $56,286 or 13.8%. Savings are due to grant programs that have not been expended and may be carried forward into 2002. Surface Water Management Operations: Expenditures are below the total budget of$2,208,181 by $550,269 or 24.9%. Savings are due primarily to unfilled budgeted positions within the division, and the NPDESIESA one-time funded program. Citv of Federal Wav December 2001 Monthlv Financial Reoort Public Safety & Jail Services Police Services have expended $13,033,783 through December, which is below the adjusted budget of $13,628,144 by $594,361 or 4.4%. The savings are from grants and restricted seizure funds that have not yet been spent. The table below represents police operating revenue collected through December 2001. 563,910 209,476 298,946 Jail Services: Jail services are below the adjusted budget of $1,388,938 by $170,704 or 12.3%. This is due outstanding invoices for November & December. Jail Costs vs Maintenance Days Through December 2001 $1,600,000 $1,400,000 .. r;¡ 0 (.) 1. '"> $1,200,000 $1,000,000 $800,000 $600,000 $400,000 $200,000 $- _Expenditures --Cases 20,000 18,000 16,000 14,000 .. " 12,000 ¡ 10,000 ¡ 8,000 ~ 6,000 ::õ 4,000 2,000 Citv of Federal Wav December 2001 Monthlv Financial Reoort ~y SUMMARY EOdinili'iII14 . ß¡¡i~oi»~ .. . 121~1iÓ1. . Gernm;VSttèét i=viitJ; . . $. . 6;120;445 $29,533,844$ . 28,~34;264 $.. . .599;171. $.' . 7;31~,622 D<1btSfir\1ceRtoo;. m'. '.5;787;522 . 5;364;852" $ . 4,759;215 605;637 '.6;393,1511. Special Revenue; Artenal Street UtilityTax (1) Solid Waste & Recyding Special Study (Gov. lV) Hotel/Motel Lodging Tax 2% for the Arts CDBG Paths & Trails StrategiclAjrport Reserve $i¡btI¡i¡¡t$p/¡Qa¡~i=vnd$ .' 487,494 1,541,672 1,358,784 182,888 670,382 4,407,260 5,521,513 4,452,950 1,068,563 5,475,823 275,459 167,073 350,748 (183,675) 91,784 111,048 24,656 11,866 12,790 123,838 58,484 132,848 46,835 85,813 144,297 19,274 5,000 5,000 24,274 6,439 111,712 132,589 (20,857) (14,418) 32,414 9,434 9,434 41,848 2,028,294 32,424 2,060,718 (2,028,294) . 7;426;161ì . 7;54{j;132'. $ 8,414,470 ('86Q;338) .. . MS1;82Ø 6,335,528 297,397 297,397 6,832,925 1,349,430 59,268 77,448 (18,181) 1,331,249 19,959 870 870 20,829 160,797 5,769 11,079 (5,311) 155,487 860,555 593,396 983,056 (389,660) 490,894 5,378,047 2,133,544 342,672 1,790,873 7,168,920 9,660,908 5,863,657 6,472,950 (609,293) 9,251,615 . 23;985;224 . 8,1153;900 7,887,206 . . 1066.695.' .. 25D5t911J 751,394 3,227,154 3,391,105 (163,951) 587,443 589,497 561,204 28,293 28,293 322,042 308,034 308,034 31,544 1,435 1,435 32,979 189,516 161,416 28,100 28,100 .' 782,938. 4,329,644 4,113,725 . 201;910 . . '984,848 1,624,903 2,838,180 497,172 2,341,008 3,965,911 1,400,129 1,587,380 1,237,798 349,582 1,749,711 153,571 191,673 136,701 54,972 208,543 1,824,847 1,039,886 1,015,965 23,921 1,848,568 965,782 737,732 599,544 138,188 1,103,970 .. 5,969,032'. 6;3!14,851 3.4137;180 . . 2;007,671 . .8,876;703. . 50;671;327' 62,123,223 57;S9fi,1JIj0. '.4,512,7B2 . 55,11f4,.07fj. Capitat Project: Public Safety Facility Downtown Revitalization Unallocated 1997 Bond Proceeds Celebration Park Park Improvements Surface Water Management Transportation Sùb1òlalCa itatpro'eCtS' Enterprise RtntJs: Surface Water Management Dumas Bay Centre Operations Dumas Bay Centre Capital Knutzen Family Theatre Cepital Knutzen Family Theatre Operations SubIotiIJEnterpiiSe.FunrJs. . Infernal Service RtntJs: (2) Rjsk Management Inforrration Systems Mail & Duplication Fleet & Equipment Buildings & Fumishings SllbtOtailtJterfaISeNicèRtiidS . . TòtaIAIIRtncJs.' . (1) Utility Tax and Debt Service fund balance is reserved for the payment of debt service. (2) Intemal Service fund balance is crnr¡Jfised of accumulated replacement reserves for the purpose of fixed asset replacement ATTACHMENT A CITY OF FEDERAL WAY SUMMARY OF SOURCES AND USES OPERATING FUNDS Through December 2001 1996.2001 2001ßevl'edBd!lSet.. . :Actd.'" Th_. . Thr_' 1999 . 2000' Annual pece"'b.' :' . Pec."'ber' $17,578,962 $15,694,065 $20,831,348 $20,831,348 $20,831,348 $ 0.0% 6,009,042 6,161,293 6,437,503 6,612,491 6,976,972 7,200,394 7,200,394 7,235,242 34,B"" 0 7,9B7,223 B,2B5,6B7 B,7B2,172 9,664,944 10,159,770 9,905,347 9,905,347 10,302,061 396,714 4. 47,1B1 126,767 121,500 121,500 13B,B17 17,316 14. 968,433 1,262,B2B 1,129,927 1,47B,344 1,632,969 1,5B9,767 1,5B9,767 1,657,647 67,BBO 4. 4,61B,441 4'793'24BI 3,907,442 5,047,525 3,317,666 3,16B,255 3,16B,255 3,795,504 627,249 , 19 1,474,191 1,B50,023 2,231 ,269 2,438,14B 2,149,691 1,750,000 1,750,000 1,997,537 247'5371 14. 301,977 31B,763 398,950 1,430,362 1,601,699 i 2,000,000, 2,000,000 2,1BB,2B5! 188,2B5 9. UlmtyTaxes 3,552,B85 4,52B,073 5,201,07B 5'524'3291 6,016,400 6,016,400 I 6,073,931 57,531 1 Court Re,enue 539,eOI 616,536 , BOB,B01 B05,92e 942,B06 1,022,784 1,022,784 99B,B27 I (23,957)! -2,3% Building Pe=ltslFees-CD 585,397 735,269 966,090 1,28B,O40 1,076,97B 1,194,5B3 1,194,5<3 1,051,463 (143'"9) -12.0% Expedited Re"ow Fees-CD 7,26B , 64,394 98,677 92,732 ! 11B,343 11B,343 Ala ROW Pe=lls/Fees-PW 197,216 188,B2~ I 252,953 237,B71 260,39B 259,583 259,583 362,774 103,191 39.e% Expedited Re,'ow Fees-PW 54,971 66,242 51,501 , 174B~ I 22,06B 22,068 Ale LIcenses B2,004 B3,108 57,597 179,120 137,1BO ! 174,B09 96,737 (7B,072) , -44.7% Frenchlse Fees 406,479 471,313 462,647 469,923 496,41B 561,294 561,294 591,965 30,671 ' 5.5% Recreallon Fees 431,761 44B,973 ' 466,470 525,263 538,930 625,540 625,540 57B,20B (47'332)1 -7.6% Dumas Bay Cenlre 27B,323 341,277 354,094 492,702 4B4,B65 I 534,312 : 534,312 590,230 55,91B 10.5% Km"zen Family Theatre 16,4B3 "",BB3 B1,144 I 65,475 ' 65,475 B6,771 21,296 32.5% Inleresl Eamlngs 62B,B59 753,B31 1,009,957 1,O64,1B1 1,315,590 B41,319' 841,319 B9B,136 58,B17 6,B% AdmlnlCash Managemenl Fees 154,B97 162,734 165,9B9 16B,4BO 170,5BB i 4763061 476,306 476,302 (4) 0,0% SWM Fees 2,968,547 2,912,571 3,032,677 3,125,973 3,074'347 3,165,155 3,165,155 2,951,B2B (213,327)! -6.7% Refuse Collection Fees 143,768 143,102 147,101 147,062 154,365 153,013 153,013 149,514 (3,499) -2.3% Police Se",'ces 1 ,036,264 192,377 302,902 967,32e 423,516 423,516 7BO,474 356,95B 84.3% Other 1,013,647 1,213,519 2075,219 153,075 54,951 5B,599 5B,599 7B,633 20,034 34,2% Tota).Q ra"n :Rev.n.e.,' 28,779,998 35,349,315 37,543,158 41,OS4,3" 41,389,9B4' 41,3D7,951 41,307,951 . "'221,296. . ",913,345. .,' 4:6% Ope.."ng Expenditures , CltyCoundl 174,755 1B7,129 190,622 217,99B 195,431 224,B93 206,955 ~ B.O% Clly Manager 497,352 527,B25 54B,651 595,744 405,195 709,90B 660,907 6.9% Municipal Court-OperatIons 1,404,70; ! 369,031 793,644 1,056,440 1,057,414 (973) .0.1% Managemenl Services 1,414,919 1,545,619 1,72B,101 1,613,592 1,756,OBe 1,64B,24B 107,840 6.1% CI,IIIChmlnal Legal Se",'ces 1,139,35B 1,321,723 1,557,525 1,261,969 1,225,375 1,273,926 1,149,559 124,369 9,6% Comm. De'elopmenl Services ! 2,624,1B3 2,469,003 2,669,939 2,768,211 2,969,746 3,710,221 2,947,B60 762,360 20.5% ollce Se",'ces B,763,727 9,B27,B66 10,951,02B 11,950,B12 12,B99,772 13,62B,144 13,033,7B3 594,361 ! 4,4% all Se",'ces 654,972 B22,207 1,026,429 1,609,192 1,4e6,659 1,36B,936 1,21<,234 170,704 12.3% erks and Re"eatlon 3,010,592 2,634,71B 2,722,153 3,OBB,79B 3,007,220 3,247,600 3,056,650 :::::: 5.9% ublicWorks 2,922,664 3,035,502 3,292,BB1 3,307,350 3,150,634 3,676,246 3,109,906 15.4% Ity O,ertay Program B63,333 1,606,B04 1,Boo,717 1,764,443 1,45B,054 2,005,169 1,368,7B5 646,384 32,2% 2B4,175 496,742 2B2,044 233,635 294,540 407,034 350,74B 56,2B6 13,B% 101 72,29B 139,202 46,B35 92,367 66,4% 1,490,BO8 1,450,508 1,463,433 1,562,123 1,533,594 2,20B,1B1 1,657,912 550,269 24.9% 1,717,049 2,9B2,7B5 2,127,799 5,307,192 4,32B,241 4,528,541 4,512,519 16,022 0,0% 353,163 415,B91 405,298 ""7,164 475,759 520,599 550,33B (29,739) -5.7% 76,412 147,223 1<3,2BO 165,O4B 161,416 3,632 2.2% 25,901,033 29,193,622 30,660,550 36,299,107 36,093,034 4O,646,1BO 36,728,068 3,918,112 9,6% I I , 2,878,963 6,155,593 6,882,606 4,795,2'" 5,296,950 661,771 661,771 I 6,493,227 5,<31,466 BB1,2Y. ! 17.1% Other Financing Sources 3,524,9441 2,B22,B39 5,361,05B, 7,230,373 6'583,4051 6,583,405 5,436,493 ','24,9121 Other Financing Uses 5,391,524 3,106,81B 2,034,372 9,253,B13 11,075,159 11,075,159 9,439,603 1,635,558 14.8% Ending Fund Balance 213,050 I 299,842 ! Solid Waste 298,991 294,316 198,303 258,120 ~ 165,4491 nil Ala Snow & Ice 103,239 73,35B 103,530 I 100,000 95,575 Ala Ala Arterial Sireel 362,100 470,902 477,375 349,431 I 456,790 41,B59 I 748,706 Ala Ala UtIl"yTax 2,120,030 2,B30,14B 4,944,6B4 6,220,se7 6,151,000 Ala nla SWM 1,077,666 1,586,522 2,276,459 1,643,113 B12,213 326,540 ! 5B7,443 nla I nla Path & Trolls 60,210 6,153 12,555 22,353 31,474 41,414 42,919 nla Ala Sirategic Rese",e I 2,050,477 2,022,3B9 2,025,496 2,028,204 2,033,B32 ~ 30,270 nil Ala Debl Se",'ce 1,61B,909 2,9B6,B05 5,2B3,4B2' 5,74B,50B 4,561A33 6'26B'013 6,570,205 Ala Ala Dumas Bay Cenue 115'13~ B3,742 I 13'2B61 47,775 35,745 20,140 B6,359 Ala nla Police 1,082,207 7B6,441 74B,150 800,229 669,334 n/a! Ala P3 300,000 300,000 300,000 300,000 300,000 I 300,000 nla Ala Inlortund Loans 10,000 10,000 10,000 ' 10,000 10,000 10,000 I Ala Ala 2,22B,19B B,070,93B 3,532,267 4,009,345 7,343,942 2,437,697 B,631,114 nla nla $ 7818980 $1B870007 $ 17 235 237 $18 13..69 $21 622220 $16594003.$. 23-32346.. :$5320.,. 0112212002315 PM MEETING DATE: February 5, 2002 ITEM# ~ ------------------cïfY-ÖFFEDERALWAY--- City Council AGENDA BILL -------------------- --------------------------- SUBJECT: Planning Commission Work Program -- Proposed Process For Development Agreements And Related Code Amendment To Consolidate Public Hearings CATEGORY: ~ CONSENT 0 RESOLUTION 0 CITY COUNCIL BUSINESS 0 ORDINANCE 0 PUBLIC HEARING D OTHER BUDGET IMPACT: Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ATTACHMENTS: I) December 27,2001, Staff Report to the Land Useffransportation Committee; 2) Flow Chart for Development Agreement Process. SUMMARY /BACKGROUND: The 200 I Comprehensive Plan Amendment Process included eight site-specific requests. Four of the eight requests were approyed and one was denied by the City Council. Another request was withdrawn by the applicant. The Land Useffransportation Committee (LUTC) directed staff to prepate deyelopment agteements for consideration by the City Council on the remaining two requests-Requests #4 (Kitts Comer) and #6 (Christian Faith Center). The City has not yet adopted a formal process for reviewing development agreements. Staff is therefore, proposing a new process that would goyern review and approyal of deyelopment agreements. Adoption of a new process would require two code amendments to the text ofFWCC Chapter 22; the creation of a process to govern review and approval of development agreements and an amendment to allow the City Council's public hearing on a development agreement to take the place of the public hearing on the Master Plan or Process IV hearing by the Hearing Examiner to establish the use. Staff is requesting approyal from the City Council to add these code amendments to the 2002 Planning Commission Work Program. The remainder of the Planning Commission wotk program is being presented to the LUTC on February 4,2001. CITY COUNCIL COMMITTEE RECOMMENDATION: The LUTC apprO\ed the staff recommendation during a public meeting on January 7,2002 and made a motion to forward their recommendation to the full Council for action on February 5, 2002. PROPOSED MOTION: "I move approyal of the LUTC's recommendation to add two code amendments to the 2002 Planning Commission Work Program. These code amendments would amend FWCC, Section 22 by creating a process to govern review and approyal of development agreements and allow the City Council's public hearing on a development agreement to take the place of the public hearing on the Master Plan or Process IV hearing by the Hearing Examiner to establish the use," -~i~~~¡N~Gi;~;;~~~i::-------~-- (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) --------------------------------------------------------- COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLEDillEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # REVISEO - 05/10/2001 1:101COMPPLANICity Councill020502 CC Cover Agenda on Oev Agr Process-docl01l25/2002 5:08 PM CITY OF FEDERAL WAY MEMO RAND UM December 27,2001 To: FROM: Dean McColgan, Chair Land Use/Transportation Committee (LUTC) David "~~~ger "j,VOv"y~,,~ m , Æ'I\U Kathy McClung, Director of Community Development Services \ Margaret H. Clark, AICP, Senior Planner r"'k\t-- VIA: SUBJECT: Proposed Process for Deyelopment Agreements and Related Code Amendment to Consolidate Public Hearings MEETING DATE: January 7, 2002 A. BACKGROUND As part of the 2001 Comprehensive Plan Amendment Process, there were eight site-specific requests for amendments to the comprehensive plan. Four of the eight requests were approyed and one was denied by the City Council. Another request was withdrawn by the applicant. Staff was given direction by the Land Use/Transportation Committee (LUTC) to prepare development agreements for consideration by the City Council on the remaining two requests. Pursuant to RCW 36.708.200, a city may approve a development agreement only after a public hearing. The City Council may conduct the public hearing or may delegate its authority to the Hearing Examiner or Planning Commission. The City of Federal Way has not yet adopted a formal process for reviewing development agreements. Therefore, the City Council would conduct the hearing. B. REASON FOR PRESENTATION TO THE LUTC Federal Way City Code (FWCC) Chapter 22 contains development regulations that set up standards for development of property as well as various processes that goyern how applications are reviewed and approved. Some applications are subject only to administrative (staff) review, whereas others must be decided upon by the Hearing Examiner, following a public hearing. Under existing processes, the City Council's role is to make the final decision on formal subdivision plats and to hear appeals of the Hearing Examiner's decision. Staff is proposing a new process that would govern review and approval of development agreements. Development agreements may be used at the Council's discretion in cases of rezones, comprehensive plan amendments or annexatioIÌs where a new comprehensive plan designation or zoning is being requested. the project is larger in scope and has potentially larger impacts than normal, or where certain restrictions may be desired to be placed on the proposal. The intent of a development agreement is not to waive requirements normally associated with a proposed usc. Adoption of a ncw process would require two code amendments to the text of FWCC Chapter 22; the creation of a process to govern review and approval of development agreements and an amendment to allow the City Council's public hearing on a development agreement to take the place of the public hearing on the Master Plan or Process IV hearing by the Hearing Examiner to establish the use (please refer to the following discussions in Sections C and 0). New code amendments become part of the Planning Commission yearly work program. Since there are two pending comprehensive plan amendment requests that are being considered for approval with development agreements, staff is requesting direction from the LUTC to work on these code amendments in advance of bringing the remainder of the Planning Commission work program (anticipated to be presented to the LUTC at the next regularly scheduled LUTC meeting). c. PROPOSED NEW PROCESS FOR REVIEW OF DEVELOPMENT AGREEMENTS Development agreements can be used for a wide range of proposals, ranging from the deletion of a road from the Transportation Element of the Comprehensive Plan in exchange for certain other road improvements such as in the case of Courtyard Village to a request for a change in comprehensive plan designation and zoning where a specific project is proposed such as in the case of the Christian Faith Center. Development agreemcnts may also be used for the annexation of large parcels and adoption of comprehensive plan designation and zoning such as the East Campus annexation. Should the LUTC direct staff to add this item to the planning commission work program. staff will prepare a code amendment that addresses the full range of development agreements. The following summarizcs the proposed major steps for review of a development agreement: I. The City Council determines whether a development agreemcnt should bc used for review of a request. 2. The City after consultation with the applicant determines the parameters of the development agreement, e.g., the kinds of uses and intensity of uses allowed, types of structural or other setbacks, or type of road improvements. 3. The applicant prepares a development plan that is consistent with the parameters of the development agreement. The development plan may vary in the amount of detail to be included. depending on whether a project has been identified for the site. 4. The City identifies impacts and mitigation associatcd with the implementation of the development plan. This would require the preparation of an environmental checklist. The detail of the checklist and the type of studies to be submitted would depend on the type of development agreement. 5. Process IV requests, such as requests for variances or requests for encroachment into environmentally sensitive areas, are heard by the Hearing Exam iner. 6. The City Council makes the final decision on the development agreement and development plan after holding a public hearing. Page 2 The attached flowchart depicts the process that is being recommended to be used for a development agreement, which also requires a public hearing by the Hearing Examiner to establish the use. The flow chart also includes other Process IV requests such as a variance request and requests for encroachment into environmentally sensitive areas. D. PROPOSED CODE AMENDMENT TO CONSOLIDATE HEARINGS There are two pending requests for comprehensive plan amendments and rezones -- Kitts Corner and Christian Faith Center. Under the existing process, the Kitts Corner request would require a public hearing by the City Council to act on the development agreement and development plan. If the deyelopment agreement and development plan were approved, application for a future permit for development in the Community Business (BC) zone as contemplated in the development agreement and based on the approved development plan would require only administrative approval. On the other hand, under the existing process, the Christian Faith Center proposal for a church would require a Process IV approyal by the Hearing Examiner, which requires a public hearing, in addition to the public hearing by the City Council for approval of the development agreement and development plan. Staff is recommending that a code amendment be prepared to allow the City Council's public hearing on a development agreement to take the place of the public hearing to establish the use by the Hearing Examiner in cases where Process IV approval is required for proposals also requiring a development agreement. This code amendment would eliminate a duplicative hearing process. In addition, it is the intent of the development agreement process that the City Council has the final approval authority. and therefore, an additional hearing by the Hearing Examiner may not be desirable because it could result in conditions of approval that conflict with the development agreement. E. SUMMARY Staff is requesting direction from the LUTC on the following: 1. Should a code amendment outlining a new process for development agreements and the related code amendment to consolidate hearings be added to the planning commission work program? 2. If the LUTC determines that these code amendments should be added to the work program, staff is requesting the LUTC to choose from the following options: (a) Direct staff to continue work on the draft process as presented in this memorandum. (b) Direct staff to modify the draft process based on action taken this evening. 3. Direct staff to start work immediately on these code amendments to facilitate the processing of the two pending comprehensive plan amendment requests. Page 3 Attachment - Flow Chart For Development Agreement Process ApPROV AL OF COMMITTEE ACTION: (Jð1' ê$- . an McColgan [1.'.../7.-">----~ _k-7<~ -~ . e nne Burbridge 1:IOICOMPPLANILUTCIOIO702 Cover Mcmo.dociO I iOZiZOO2 43 I PM Pogo 4 CZ/-I¡;{' Eric Faison ... Upon collsultalio\1)Vitl¡.fIrl¡ Þ;ppJ.ic,»HCJtÝlte\eiiíÌÍÌ)~:.~ "i.:; tj.p'~r~~~~;¡~{~!~~ . oWevelo ¡lIeiitAgrtfèiitéfit¡! Yes ~ Yes No HE's decision on oCDesign Guidelines CC's decision on Process IV requests CC's decision on SEPA appeal CC's decision on Development Agreement & Plan oC No t -r No ...... Yes Hearine Examiner J Public hearing & decision SEPA appeal Process IV requests Appeal of Design Guidelines Appealed? No No Yes Yes :==!J Yes Yes Appealed? No Yes HE's decision on Process IV requests HE's decision on SEP A appeal MEETING DATE: February 5, 2002 ITEM# .:JC ~ ) ------------------------------- ------------------------------------------------------------------------------------------------- --------------------- CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: 40 I Goyernmental Money Purchase Plan Changes CATEGORY: BUDGET IMPACT: 0 CONSENT [8J RESOLUTION 0 CITY COUNCIL BUSINESS 0 ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $0.00 $0.00 $0.00 ATTACHMENTS: Memo to Finance/Economic Deyelopment/Regional Affairs Committee, including draft resolution, summary of changes, and reyised ICMA Retirement Corporation 401 Plan and Trust Document. SUMMARY /BACKGROUND: A number of changes to the laws governing Section 40 I Governmental Money Purchase plans became effectiye on January I, 2002. The attached resolution adopts a reyised ICMA Retirement Corporation Plan and Trust Document which implements those changes. The resolution was revised following the FEDRAC meeting to reflect the January I, 2002 effective date in accordance with the changes in the Internal Reyenue Code. CITY COUNCIL COMMITTEE RECOMMENDATION: Moye to full Council to adopt attached draft resolution which implements changes in the laws for 40] plans effectiye January 1,2002, and replaces Resolution 99-307 establishing a governmental money purchase plan for the City PROPOSED MOTION: "I moye approval of the attached draft resolution which implements changes in the laws for 40] plans etfectiye January], 2002, and replaces Resolution 99-307 establishing a governmental money purchase plan for the City" ----.------------------------------------- ---------------------- ------- ------------- ~ -------------------------- ------------------------- CITY MANAGER APPROVAL: (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1sT reading Enactment reading ORDINANCE # RESOLUTION # REVISEO - 05110/2001 City of Federal Way MEMORANDUM Date: January 15,2002 To: Finance, Economic Development and Regional Affairs Committee David MO~anager Mary McDougal, Human Resources Manager~~ Via: From: Subject: 40lGoyernmentai Money Purchase Plan Changes Background: A number of changes to the laws governing Section 401 governmental money purchase plans were recently passed as part ofthe Economic Growth and Tax Relief Reconciliation Act of200l (EGTRRA). These changes are related to contribution provisions, portability proyisions, and distribution provisions. Just a couple of examples of key changes include allowing portability of retirement assets between retirement plans including goyernmental deferred compensation plans and traditional IRAs, and increased plan contribution and compensation limits An oyerview of the changes and the reyised plan and trust document are attached for your review- In most cases, these provisions become effective on January 1,2002. The City has reviewed the new ICMA Retirement Corporation 401 goyernmental money purchase plan document, which includes language implementing the changes in the law. The City Attorney's Office has reviewed the changes to determine whether any state or local laws or regulations must be amended before the changes to the 401 plan become effectiye, and haye concluded that none are necessary. Therefore, the City Council may take action to implement 401 law changes. Attached is a draft resolution for your consideration. Committee Action Recommended The Finance, Economic Development and Regional Affairs Council Committee moves to full Council to adopt the attached resolution which implements changes in the laws for 401 governmental money purchase plans effective January 1,2002, and replaces Resolution 99-307 establishing a govemmental money purchase plan for the City. (D) DRAFT I¡L~/o 2-. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THE CITY'S 401 (A) MONEY PURCHASE PLAN (AMENDS NO.99- 307) . NAME OF EMPLOYER: CITY OF FEDERAL WAY, WASHINGTON EMPLOYER PLAN NUMBER: 107222 WHEREAS, the City of Federal Way ("City") has employees rendering valuable services; and WHEREAS, pursuant to Resolution No. 99-307 the City Council established a qualified retirement plan for such employees iii that serves the interest of the City by enabling it to provide reasonable retirement security for its employees, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel; and WHEREAS, the City has determined that the continuance of the qualified retirement plan will serve these objectives; and WHEREAS, amendments to the Internal Revenue Code have been enacted that require changes to the structure of and allow enhancements of the benefits of the qualified retirement plan; Res. #-----' Page 1 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Section 1. Plan Form- The City hereby amends and restates the qualified retirement plan (the "Plan") in the form of the ICMA Retirement Corporation Governmental Money Purchase Plan and Trust, a copy of which is attached hereto and incorporated herein by this reference. Section 2. Plan Assets- The assets of the Plan shall be held in trust, with the City serving as trustee, for the exclusive benefit of the Plan participants and their beneficiaries, and the assets shall not be diverted to any other purpose. The Trustee's beneficial ownership of Plan assets held in Vantage Trust shall be iii held for the further exclusive benefit of the Plan participants and their beneficiaries. Section 3. Plan Loans. The Plan will not permit loans. Section 4. Plan Trustee. The City hereby agrees to serve as Trustee under the Plan. Section 5. Severability- If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or Res. #-----' Page 2 constitutionality of any other section, sentence, clause or phrase of this resolution- Section 6- Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 7. Effecti ve Date. In accordance with the changes in the Internal Revenue Code, this resolution shall be effective January 1, 2002- RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this ------ day of , 2002. CITY OF FEDERAL WAY JEANNE A. BURBIDGE, MAYOR ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, BOB C. STERBANK Res. #-----' Page 3 FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. K,\R.,01u1ion\401ap1a02002 Res. #-----' Page 4 .-.,...-¡---. ¡--.,.. -.. II"! --..¡--..¡-~-_...~ 40 1 Qualified Retirement Plan Retirement Reform Implementation Package ~ lCMA RETIREMENT CORPORATION The Public Sector Expert 5 ------ c-, '-" ATTACHMENT B: OVERVIEW OF 401 LAW CHANGES - GUST AI; yom 401 qualified <eri<emeot plan pwvide<, lCMA-RC will take ca<e of mo" ,ddirion,1 ,dmini"",ive r"ks ",oci"ed with rhe I,w ch,nges. Om Employer Smices Unit is m.il,hle " 1-800-326-7272 to ,nswet YOUt que"ions. Combined Contribution Limit Tmfòe Panicipant i" Both a Defined Benefit and Defined Contribution Plan (Section 415 Limit) Definitiono! Compen,.tion Unifòemed Seevice Conteibutions (USERRA) For <esring ym' befo<e 2000, when, pmicipanr wa< covered undet borh , defined benefit pension pl,n and, defined conrribUtion pl,n of 'n employet, the pmicipan'" ,nnu,] contribUtions 'nd benefits were resrricted by , speci'] I combined limit impo<cd by Intern,] Revenue Code SeCtion 415. Compenution included for purpo'es of ,nnu,] limir te"ing (sC<tion 415 test) did not include cerr,in defe",ls and neg"ively imp,cted the ,biliry of cet"in pmicip,nr, ro m.ke eonrributions to rheit Secrion 401 pl,n,. No provi,ion. . MPP = Money Purch",e Plan The combined test wa< repe,]ed fot resting ye", beginning .Frer December 31,1999. For ye", .Frer December 31,1997, compens"ion includes eleCtive defe"," ro "ecrion 401 (k), 403(b) or 457 pl,n, , 125 c,feteri, pl,n, or , qu']ified r"n'portation fringe benefir undersection 132(0. AI; ofOcwber 13, 1996, retirement pl,ns mu" pwvide th" "qu']ified milit")' service" by, pmicip,nr is nor rr..red " , "bte.k in ,ervice" and th" p,rticip,nr, ore eligible to "m.ke up" contributions mi"ed while <crvin. in uniformed ,ervice. PSP = Pcofit Sharing Plan psp, Old kricle 5.05, old 5.06(c), (d), and (e); Adoption Agteemenr old Article IX.2. The ICMA-RC model documents ']Iow conrtiburions to the fullest extenr under rhe I,w, MPP, Article 503(b)(3) PSp, Arricle 5.05(b)(3) The ICMA.RC model documents include rhe<c deferral, " compenurion for purpo,es o[Jimit resrin.. MPP, kticle 4.07 PSp, kricle 4.08 The ICMA-RC docomenr, meer the requitemenrs ofVSERRA. M,y ']Iow pmicip'nts to m.ke ,ddition,] conrtibutians ro ,defined conrribution pl,n, or to receive ,ddirion,] benefits fwm ,defined benefit pension pl,n th,o would hove been permirred uoder rhe combined te". Simplifies ,dmini"",ion of 401 qu']ified retiremenr pi,", for employers 'po",oring borh , defined benefir pen,ion ,nd , defined conrriburion plan. The rre"ment of employee elective conrribuiion, " compens"ion fot purposes of the limits on coorriburion, under 40 I qu']ified pl,n, ']Iows employees, pmicubrly employees who ore nor highly compens"ed, to ,ove more for teri<emenr by increasing the 'mounr they can conrribute ro the pl,n. Pwvides tights to employees th" <crve in qu']ified uniformed ,mice. ensming th" their service i, not ,derrimenr to theit retiremenr ,c<uriry. Combined limit te" i, no longet tequired ro be performed. Adjust p'ywll S)"rems ro colleor rhe comct compenurion inform"ion for purposes of conrriburion limir te"ing. Þw~¡de inform"ion w employees <eg"ding rheir rights under VSERRA. Collect "m.ke up" conrributions ",d remit w ICMA-RC ATTACHMENT B (cont.): OVERVIEW OF 401 LAW CHANGES - GUST A, you, 401 qu,lified «,i«mem pbn pmvidee, ICMA-RC will "kc ca<e of mo" ,ddi,ioMI ,dmini"",ivc ",b ",ocimd wi,h the I,w ch,ng". au, Employee Smi", Unit i, ",ibble" 1.800-326-7272 '0 ,",wee your qu",io",. ¡n"-xing'l Limi" ,-.", o"J '- De MinimÙ Acc,unr DÙl>'ibuti,n, ¡,int an;¡ Suroiv", Annuity Waiv,," 'I Expwnati,n Peri,d Contribution ,nd comp,n""on li';'i" "e indexed m inA"ion. The timing of the indexing "leul"ion w" 'uch ,h" infOtm"ion on the new limi" w" not ",il,ble until ,ltet the beginning of the yeu to which they 'pplied. 401 pl,"s could ,umm"i"lIy ",h out te,miMted pmicip,"" with "COUnt b,¡,nc" of$3,500 otle". The "COUnt could not be ",hed om unless it h" nevet exceeded the de minimis 'mount. Cm,;n 401 qu,lified teti"ment pi," pmicip,n" "e tequi«d to "ke ,hei, p'yments in ,he form of, qmlified joint ,nd su",ivm ,"nuit)' (Q]SA). The pmicip'"t is permitted to elect (with spous'¡ consent) to w,ive the Q]SA. A pI," i, tequi«d to ptovide, written expl,""ion of the Q]SA pmvisions. The pmicip,nt w" given, 30 day period mee the no"ce w" ptovided to considet the w,;w of the Q]SA benefit. . MPP. Money Purchase Plan PSP. Profit Sharing Plan Contributian Provisions (cont,) Eff",ive for yem ,ftet Decembet Not Appli"ble (No pl,n 31, 1994, the indexing ,moun" ,mendment inequited,) wete changed fo, contribution and compen",ion limi" (,ee ..Iso EGTRRA ch'"ges below for subsequent ch,"ges), In ,ddition, the timing of co,,-of-living ,djustmen" wu «vised so that the ,dju"ed doll" limi" would be ",il,ble before the beginning of the calendar yeu to which they ,"ply. Distribution Provisions The de minimis amount wa< I MPP: A"iele 9,02 in"eued ftom $3,500 to $5,000, effective for pl,n yea" beginning ,ltetAugu" 5, 1997. Thef"tth" the "count m,y, " one ,ime, h,ve exceeded the de minimis ,",ount i, i"elmnt. (EGTRRA m,de ,ddi,ioMI ch,ng" m the de minimi, mh) Eff",ive fOt phn yem beginning ,ltet Decembet 31, 1996, the pmicip,nt m,y elect to waive (with spow'¡ consent) the 30 day expl,""ion pe<iod, if the distribution begins no ""Iiet th," 7 d,Y' met the expl,""ion i, ptovided. .,"~' PSP: Aniele 9.02 The ICMA-RC model documen" requite m,nd"ot)' ",h out of "counts of $5,000 0' less. MPP: fu"ele Ü.04 PSP: nf, ICMA-RC's model money purch", pi," document :ùlows the pmicip'"t (with spous'¡ consent) to waive the 30-d,y exphna"on pe<iod. To encou"gc incre",d contribution, to qu'¡ified ",iremen, pI,", ,nd to simpliJÿ ,he ,dmini"",ion of pbns by m,king new limit ,moun" ",iI,ble on, more timely bui,. Simplifi" ,dminimi,ion of 401 qualified ",itement pl,n'. Allow, ,he pmicip,nt '0 «ceive benefi" f"te,. Simplifi" ,dmini"",ion of 401 qu'¡ified ",iremem pbn,. ICMA-RC publici"s the limi" each y"" in '" Employet Bull"in. M,ke pmicip,n" ,wm oflimi" prim to the beginning of ",ch ym. ICMA-RC will help in ,hi, tCg"d by publi,hing the limi" in the qumetly Y'""gepoint N",,¡ettcc ,"d other communi",ions. None ,nticip"ed, None,ncicip"ed. ICMA-RC pmvid" the Q]SA notice" pm of om ","d"d 401 money purch"e pbn withd"w'¡ m",,;'¡,. ~"",,"., .,~",,'~¡'¿~'. ATTACHMENT B (cont.): OVERVIEW OF 401 LAW CHANGES - GUST ^' you, 401 qualified ,ec;cement pl,o pmvide" ICMA-RC will tal<e ca'e of mo" ,ddic;onal ,dminim"ive t"k, ""oci"ed with the I,w ch'"ges. Om Employe< Secvices Unit is ,vail,ble" 1-800-326-7272 to ,"swe< you, questions. ~ 00 ~ T"dtm'""f401(k) Ha'<úhip Di",ibutions jò, Pu'pow of Rolin.., Ruks [401(k) Plans Only] NondÙ"imi"ation MocdMium A 40 I qu,lified pi," th" 'coepts mllovm fmm othe< pl,ns will not be disqu,lified ju" hecause the pl,n miling the dimihution w" not qu']ified " the time of the dimibution, if, befme ,ccepting the dimibution, the ceceiving pl,n "",",on,bly conduded" th" the dimihuc;ng pl.n w" qu,lified undecsection 401. The "ce"on,bly conduded" rule w" met if, befme ,ccepting the mllow, the dimihuting pl.n pm'\ded , s"'ement th" it h,d 'moved , f,vo"ble detetmi",tion lerre< fmm IRS. Dimihuc;ons th" qu']ifjo " "eligible mllove< dimihurions" (ERDs) m,y be mlled dicectly to ,nothe< pl,n m T"dic;on,IIRA. ERDsth"mnotmlled over ,ce suhject ro 20% t'" withholding. H"dship dimiburions 'ce tte"ed " ERDs. Nondiscc;mi""ion rules 'pply to ptiv"e secrOt pl.ns to ensuce th" these pl.ns do not discrimin", in r,vo, of "highly compen"ted employees", These nondisc,;mi",tion tules we<e scheduled ro 'pply ro governmcn,,1 qu']ified teti"ment pl,ns beginning in 1999, ,ire< m'ny yms of, tempo,,'Y mmato,;um 'g,inst the 'pplic"ion of the rules. . MI'I' : Moncy I'",d..",c 1'1"" PSI' . Pml;! Sha,ing Plan Fm dimibmions m,de ,f", Decembet 31,1998, hardship dimibutions ,to no longee consideced ERDs ,nd cannot be rolled ove< to ,nmhe< pi,". In ,ddic;on, 20% withholding no loDge< 'pplies. MPP, n/, Psp, Anide 9.03(c)(l) Elimin"ing the cequicem'nt th" h"dships be ,onsideced ERDS (,nd thus not requiring the withholding of 20% from these dimihurions) removes the imposition of ,n ,ddition,] h"dship on the p",icip'nc. P,ior ro this ch,nge, it w" ofren necess"Y fo, ,ddition,] funds to be withd"wn fmm the ",icement "count to p'y fm ,he withholding 'ad stilll"ve enough to covee the o,i.inal h"dship expenses. None ,nticip"ed. 401(k)pl,nh"dship dimibuc;ons ,ce not consideeed ERDs uncle< the ICMA-RC model pmfit-sh"ing document. Other Provision Effective fo, yms beginning MPP 'nd PSp, y"ious ,frer Augu" 5,1997, the nondisc,imin"ion pmvisions nondimimin"ion mles weee were mopped fmm the model m,de pe<m'nendy in'ppli"ble documents, ro government,] qu,lified pl,ns. Congcess clereemined the nondiscrimin"ion rules should not 'pply to sme ,nd 10,,1 gomnment pl,ns. An 'ppli"tion of the rules to the public sector w" deemed to be unnecess,'Y given the public ovmight on these pl,ns" wdl" ochee f"mes. None ,nticip"ed. In l.re 1999, ICMA.RC dimibured cevised pl,n documents, which elimin"ed the nondiscrimin"ion '«juicements. ATTACHMENT B (cont.): OVERVIEW OF 401 LAW CHANGES - EGTRRA Nore: All provisions ate effective January 1, 2002, unless otherwise nored. ^' yom 401 qualified ",irome", plan pcovid", ICMA-RC will take caro of mo" additional admini",ati" ""I<, ""ociarod with the law chang". OUt Employ" Smi", Unit i, availahle at 1-800-326-7272 to amw" YOUt qu"Üom. ---, >.D -.....J L'm;,u"u" u" Eú,úw Difmul Cun,,'buúum,"n 40/lk) Pia" IS""," 4021gJ Lim;,) [40/lk) Plam Only] Comcibucion, und" a 401 definod con"ibution plan an lim"ed to ,he I"re, of (11 25 p""m of gtO" oompen",ion ,hoe ,oduction foe picked-up con"ibu,ion>to ,40 I pl,n 0' (2) $35,000 (ind"od). Employc< olwi" def",~ oon"ibueio", to, 401(k) =h ,n d&",d "cnum '" limind 'u $10,500 (ind",d). . MPP = Money Purchase Plan !>~. The dolI" limi'will be ind",d '0 inflation in $1,000 inmmen". pSP, EGTRRA Amendmem Swion I The ICMA-RC pl,n doooment> ,lIow oon"ibution, to ,he fulI", ",em ~Iowed unci" ,he new I,w. Theol",ive defm~limi, i, ~i""inmment~lyov"a 5-y'" p"iO<!.. folIow," MPP,nla Ym Con"ibution Limk PSp, EGTRRA Amendmco, S",ion 5 2002 2003 2004 2005 2006 $11,000 $12,000 $13,000 $14,000 $15,000 The ICMA-RC ptofit-,h"ing plan dooomen' ~Io", oo",cibution, to the fulle" "ron' ~Iowod und" the new law. PSP = Profit Sharing Plan The limit will b< ind"od to inflation in $500 limiD. Allow, paniCipan" to "" addi,ion,1 fund. fm ncinmem. Revi,ion of , he p""n"ge limi, hole' low"-eompen,,nd employ"",vemonfm ",inmen,. Indexing ,he dolI" limi, in $1,000 inmmen<' m,y n,ult in monfnquen< in"e=, to ,he doIl"limi,. Allo", p",ieip,n" to "ve ,ddi,ion,1 fund. fm ntinment. Indexiog ,he lim" in $500 inmmen" maymult in ,n inm"e o",ly"")' ycoc. Pay toll '1'"em, m,y have to be modified to, Revire ,he dolI" limi, on, mmefnquent b"i, fm puepore' of m,dcingwhen pmieip'n" have oon<cibueod me m"imum in thei, 401 defined , oon"ibueion plan,. Inm..e,he pmentage limi, to 100 p""m ofgco» eompen",ion (,(m ndu"ion foe picked- up oon"ibucion, '0 , 401 pIm) in "'ning p",m"ce>. P,ytoll 'pnm, m,y h", to be modified '0 adjoc, ,he doll" ,moumof,helimit",hy",fm pu'pore, of ",cking when employ'" h,ve con"ibund ,he m~imum'moun'ofdwiv< defmili imo ,he 401(k) plan. ATTACHMENT B (cont.): OVERVIEW OF 401 LAW CHANGES - EGTRRA Note: All provisions are effective January 1, 2002, unless otherwise nored. As yom 401 qu']ifiod coticomeO! plan providee, ICMA-RC will take me of mo" addition,] adminim"ive t,,1e; ""ociated with the law changes. Om Employee Smi"" Unit is available a' 1-800-326-7272 to an~et yom que"ion,. ,¡"'- 401 PGn C,mp,ma"," Lim" Comp,",,';on "k,n into "count by , pl,n <:annot "œeò $170.000 (ind",d) fot pmpo'~ of de",mining Con"ibmioOl "'Jui"d 0' ~Iow,d by ,he p¡'n (e.g. % of employ« 0' employ" cont"bu';on" di,wed in the elm documtntl ,nd Defined eon"ibmion pl,n con"ibmion limit "N,w"Ag'50Ca"h- I Nopmvi,ion. UpP"oÙi,"ft,401(k) Plam ,-...,. Õ '-o....J 1401(k)PlamOnly] C",dina';'n II<qoi"mmu 140! (k) Pia., Only] Coo"ibmioOlto,401(k)0,403(b)p¡'o"duce doll,,-fot-dol¡', ,he =ount of cont"butioOl the p",idp,nt= make to ,457 pl,n (md vice vm,). * MPP: Money Purchase Plan PSP : Profit Sharing Plan P","ip'o" 'ge 50 ,od old" m,y make ,dd"ioo,l. ,nnu,1 at<:h-up coo"ibu';on, up to "p",ified doll" limit. Thedoll"limitwillio""" "follo~: Y<.r Conttibution Limi1 2001 2003 2004 2005 2006 $1,000 $2.000 $3,000 $4.000 $5.000 I"d"ed io $500 i""eme,," ,fee, 2006. The eoo,di""io" cequi"ment i, cepe~ed. PSP: EGTRRA Ameodment Swio02 The ICMA-RC docum,"" ~Iow compen",ion to be "ken i"to acCOUnt '0 the fulbt "'ent und" thtO~ I,w. MPP:o/, PSP: EGTRRA Ameodmen, Swion 6 The ICMA-RC ptofi,-,h"ing dorument ,lIo~ age 50 <:at<:h-up con"ibutio", to the full~t ,,"nt und" the oew ¡,w. No 401 pl,n doeumtnt ptovi,ioo i, coquiced. Allow, w"in p"';cip'o,, to "ve ,ddition~ fuod. fo, ",icetoent. Ind"iog ,he compen",ion limit io $5.000 inettment,will "'ult io mu" fcequtnt io""",. AITow, p",idpan" who could ""' ,aveinmli"y"""wdl" p",icip,n" who have not f"",ed on ,he ,mount of ",i"ment ,aving. ,hey need until they nm "';"men' to "make up fo, I"" time," Allow individu,l, p",kip"ing io, 457 p¡,n to ~'o p",idp"e fully in, ""tion 401 (k) ,nd/o, ""ion 403(b) plan. and po"O[i,lIy m,ke ,he m~imum co""ibu,ioo to each plan P'ymll 'y",m, m,y"ave to be modified to ,evi" ,he compen,,';on limit to i" new Iml. Adju" p'ymll ,>""m, to '<tack ,go 50 catch-up cont,ibu';oOl rep"",lyfo'pu'po",of con"ibu';uo limi, ""iog. (Age 50 catch-"p coo"ibm;on, ,te no' co"nted fOt pU'P°'~ of 415 0' 402(g) limi, ""iog.) Remove any p'ycoll ,>,,"m temi"ion, fOt employe" who ,om,ibme co bo,h , 457 plan ,nd ,40J(k)pl,n. No",h"d",i" def,,~1 coo"iburion, to401(k) ,nd403(b) pl,m mu" "ill be coo,dio"ed. '--/ Tax C"dit ft,Low- and Middldncome Savm Noce, The ,ax ",dit i, ",ilable from 2002 - 2006. Voluntary Pa"icipant Contributian, SUtpmsion Period Following Ha"lthip Di",ibution [401(k) Plam Only! ATTACHMENT B (cont.): OVERVIEW OF 401 LAW CHANGES - EGTRRA Note: All provisions are effective January I, 2002, unless otherwise noted. As your 401 qualified retirement plan provider, ICMA-RC will rake care of mo" addirional admin~"ative tatks ""ociared with the law changet. Ont Employer SetVi= Unit i, available at 1-800.326-7272 to a"wer YOnt que"ion,. No provi,;on. Provi,ion providet an ineemive fot qualitÿing low- ro medium income individual, ro conrcibute to ",icement plan, 'u,h at 401 plan,. Voluntary after-tax employee I The 10% limIt i, inma.,ed ro 25%. comtibutio" wete Ii"'ited to 10% of a parri,ipant't compe"arion. MPP, EGTRRAAmendment Seetion 5 Allow, pmi,ipan" to tave additional fund, fot reticement. PSp, EGTRRA Amendment Section 9 401(k) plan regulatio" provided that panicipan" ace prohibited from making elective deferral comtibutio" fot ar leatt 12 month, after a hard,hip di",ibution. ICMA-RC', modd plan document' allow after-tax contribution, to tbe fulle" extent under the new law. MPP,nla Shortening the to'pe"ion period allow, pmicipan" to cetOme taving foe ",icement mnee quickly after a h"d,hip. The 12-loonth ",spen,ion pe,;od i, reduced to 6 month,. PSp, EGTRRA Amendmem Section 7 ICMA-RC's modd profit ,hoeing plan providet foe a 6-month tOspension petiod. . MPP = Money Purchase Plan PSP = Profit Sharing Plan """"'0'. No plan amendmem i, required. Ptovide informarion to employee, reg"ding the availabiliryofthemdit. Nore, the IRS hat teleased a tample documem that may be u,ed for this purpose. Payroll sXscem, may have ro be modified to inmate the peroenrage limit to 25 percem of compen,arion for voluntary after-rax contribution,. Retume ¡;.yroll deduction of employee elective deferral con"ibntio" 6 momh, afm a h"d,hip di",ibution. ATTACHMENT B (cant.): OVERVIEW OF 401 LAW CHANGES - EGTRRA Note: All provisions are effective January 1, 2002, unless otherwise noted. As you: 401 qualified :eti:ement plan pwvidet, ICMA-RC will take ca:e of mo" additional adminimative tOS'" ""ociated with the law changes. OUt Employe: SetVices Unit is available at 1-800.326-7272 to answe: you: que"ions. r-.. Rvll"m Out vf 401 Plnm In" Variv~ Type< vf Plnm N "'---' Rvilovm of Aft"- T", Cvnt>'ib"tivm Amoun" may not be wIled ove< fmm a TtaditionallRA (othe: than a "conduit" IRA) to any type of employe: plan. I Amoun" paid fmma401 plan maybemlledimoa Ttaditional IRA manmhe: 401 qualified ",i:emem plan. They may nat be "'nsfmed to a 457 m 403(b) plan. Oimibutions af a&e:-tox ,"""ih",ion, may nm he wiled ove< to an IRA 0: mhe: :eri:ement plan. . MPP = Money Purchase Plan Allo"" ponability of :eti:ement '-'se" between (to and fmm) :eri:emem plans (401, 403(b). govemmental457 plans) and Ttaditional IRAs. Panidpan" may toll 401 asse" to another plan m Ttaditional IRA when they ate eligible to take a di"tibution ftom the 401 plan (genetally upon sepatation fmm setVi,,), and only if the dimibmion is an "eligible tollove< dimibution" (ERD). The law is also :evised to datify that hatdship dimibutionsfmma401(k) pl=a:e~ Allo"" di:e" tollove:s of a&er-tox conttibutions between 401 defined wwibmion plans and fmm 401 plans to TtaditionallRAs. Ane"'ox wnttibutions can "'" be wIled fmm an IRA back to a :eti:ement plan PSP = Profit Sharing Plan PSp, EGTRRA Amendment Swion 4 The ICMA-RC model documents ~Iow mllove<s into the 401 plan fmm~1 plan typ" and Ttadition~ lRAs. MPP, EGTRRA Amendmem Section 3 PSp, EGTRRA Amendment Swion 3 The ICMA-RC model documents ~Iow un:"tti"ed mllove<s out of the 401 plan inta anothe: :eti:emem plan 0: Ttaditional IRA. MPP, EGTRRA Amendmem Sections 3.C. and 4 PSp, EGTRRA Amendment Swions 3.0. and 4 The ICMA-RC model documents ~Iow me:.tax assetS to be wIled imo and outofthe40l plan. Pmvision pwvid" employe" an a"'a"ive plan featu:e that ~Inws ",i:emem ass" ",nsolidation and "'uld enhan" the employe:'s ability to :e"uit and ",ain qualified petSonnel. Also, allowing mlloms into a plan "'uld help offset mliovetS om thus benefiting the plan fmm an economic petSpective. Expanding the mllove< options foe individuals in employe:-sponso:ed :"i:emem plans and IRA owne" pmvides them (I) the opponunity m ",nsolidate ",i:ement savings and (2) funhe: in"mives to ""umulate funds on a tox-defmed basis foe ",i:emem. Pmvision pmvides employe" an a"""i" plan leam" that allows :"i:emem asset consolidation and "'uld enhan" the employe:'s ability to :eemit and :etain qualified petSonnel. P:ovide eduwional mate:i~s to panidpams and new hi:es :egatding the benefi" of tOiling asse" imo, 401 plan. ICMA-RC will assist you in thi, :ega:d. ICMA.RC will handle the majo:ity of the adminimation mociated with mliovetS into you: 401 plan. Appmve mllove: :eques", App:ove mllove: :equeStS. Pmvide edumion~ mate:ial, to panidp,n" and new hi:es :egatding the benefi" of calling asse" between plans. ICMA.RC will assi" you in this :ega:d. .--.., <; '--' ATTACHMENT B (cont.): OVERVIEW OF 401 LAW CHANGES - EGTRRA Note: All provisions are effective January 1,2002, unless otherwise noted. Po your 401 quaHfi,d ",i"m,nt plan pmvid", ICMA-RC will uk, ca" of mo" additional admini",ati" t"k, a"ocia"d with th, law chang's. OUt Employ" Sorviœs Unit is availabl, at 1-800-326-7272 to answ" your questions. . MPP. Money Purchas, Plan Surviving spou"s of p""icipants g,norally may mil ov" di"tiburions from a401 plan to an IRA. Expand,d mllom options plaœs th, surviving spou" on p" with th, particip,nt. PSP: EGTRRAAm,ndm'nt Soetions 3.B. and 4 Th, ICMA-RC modd docum'nts allow surviving spouses th, sam, ßoxibiliry " p"ticipan" with r"poet to rollov",. PSP = Profit Sharing Plan Approve initial distribution "quos". In otd" to ,nsu" thar distributions '" mad, only ro surviving spou"s who ,to digibl, for disbu",m'nt, ICMA-RC will continu, to "qu", thar 'mploy", approve initial di",ibution "qu,"s from th, surviving spou". How,vor, to minimi,. 'mploy" admini"",ion, ICMA-RC will not "qu," thar ,mploy", appmve sub"qu,nt di",iburion "qu,"s ftom surviving spouses. Automati, Rol/"ve< of Mandatory D, MinimÙ DÙtributiont Note, Effective upon i"uance of «gulations, which ace «qui red to be issued no later than June ?, 2004. ~ :; '-' No«, It Still muSt be definitely det«mined whether this provision applie, to govemmentaJ 401 plan, Roffovat Dimga,ded fi' p"'PO'" of D, Mi"imÙ Account< . MPP = Money Purchase Plan AlTACHMENT 8 (conI_): OVERV1EWOF 401 u.WCHANGES - EGTRRA NolO: All pro,'isiotU ar< dfccri,'c Januat}' I, 2002, unl= otherwise noted. A, )'OOt 40 I quaJifiod retirement plan provide<, ICMA-RC will take we of mott additional adminima"" ",k, =oçiatoo with the law change>. 00< Emplo)'e< Smi", Unit i, milabi< at 1-800-326-7272 to an"", )'oOt que"io",. 401 plans may automacically cash out terminated pac.;cipant' wirh account baJanees of $5,000 or less. Requiring mandatory cathou" of ,mall a"ount, benefi" your plao', economi", None anticipated. The plan i, nOt required to toll over ,uch amount' to another cerirement taving' vehicle. The ICMA-RC model document' provide for mandatory cash ou" of a"ount, of$5,000 or Ie". No automatic rollover to '" IRA will be required until «gulariom are istOod. ICMA- RC will reconsider our de minimi, provision prior to implementarion of the automatic rollover rulet. Written notice mwt he ptovided to the participant regarding this requirement, as well as notification that the diStribution may be tramfmod without coSt to another IRA. 40 I plans may automatically cash out terminated panicipants with acCOUnt baJances of $5,000 at less. All amoun", including rollins, ace taken into account in determining the $5,000 limit, Rollov", may be disregarded in determining whether the $5,000 limi, is exceeded, MPP, A"icle 9,02 None anticipated. PSP: Atticle 9.02 ICMA-RC will not di"egacd rollov", - the entire a"ount baJance will be taken into consideration in determining whether an a"ount ~ de minimi,. PSP = Pro/ir Sharing Plan ATTACHMENT B (cont.): OVERVIEW OF 401 lAW CHANGES - EGTRRA Note: All provisions are effective January 1, 2002, unless otherwise noted. ^' your 401 qualified "ti"ment plan provide<, ICMA-RC will rake we of m",r addi,;onal adminimarive r",1<, ",soeiared with the law changes. Our Employe< Services Unit is available ar 1-800-326-7272 ro answe< your que"ions. R,vÙi,n ,(Minimum DÙI>'ib"tion Ruks 401 plan panicipantS mu" begin "oeiving benefitS no lare< than April I of the calendar year following the year in which the pmicipant mires 0[ reaches age 70 1/2. Thc dimibutiom a panicipant is "qui,,¿ ro rake afrer "aching age 70 1/2 will be reduced in mo" cases, mo" accumely reflec,;ng incre",ed life expeCtancies. None antidpared. --.. R,/oxation of"Sam, D"kRuk" An employee'who r...nsfe<s emPloyment to anmhe< employe< but continues ro wmk at the same job (e.g., an independent govemmental agency is absotbed by a County) is not conside<ed to have "sepatared /,om 'mice" and rhcrcforc, is not eligible fot a dimibu,;on of elective defemls from a 401(k) plan. The "same desk rule" is eliminared for 401(k) plans. The requirement for dimibution becomes "severance from employment" rarhe< than "separation from service." ICMA-RC has nor yet revised i" beneficiary payment rules in accordance with proposed Minimum Required Dimibution regulation, currendy pending. The plan document will be amended when the regularions are finali"d. MPP: nla ParticipantS thar cease working fO[ the employ" char mainrains the 401 (k) plan, even if they begin working for a separare, althaugh pe<haps telared employe< may take a dimibution from their 401 acCOUnt '" lungasrheitacc<,umisnntttamfmcdroa sucoesSOt 40 I (k) plan. None anticipared. G; '- [401(k) Pla", Only} PSp, EGTRRAAmendment SeCtion 8 The ICMA-RC model pmfir shating document allow, dimibution, to be made upon "sevetanoe fmm emplovment. " * MPP = Money Purchase Plan PSP = Profit Sharing Plan '*,:~. -. --......-.. --. .~_.... _.' - ----.. --- ....- - .-- .' Governmental Money Purchase PLAN & TRUST DOCUMENT ~ ICMA RETIREMENT CORPORATION The Public Sector Expert ( I~) ,...".." """Wo' ICMA RETIREMENT CORPORATION GOVERNMENTAL MONEY PURCHASE PLAN & TRUST EGTRRA AMENDMENT PREAMBLE A. Adoption and effective date of amendment. This Amendment of the ICMA Retiremenr Corporation Governmental Money Purchase Plan & Trust (the "Plan") and its Adoption Agreement is adopted ro reflect certain provisions of rhe Economic Growrh and Tax Relief Reconciliarion Acr of 200 1 ("EGTRRA"). This Amendment is intended as good faith compliance wirh the requirements of EGTRRA and is to be construed in accordance with EGTRRA and guidance issued thereunder. Excepr as otherwise provided, this Amendment shall be effective as of the first day of the first Plan Year beginning after December 31,2001 and shall end December 31,2010, unless otherwise extended by law or other- wise. B. Supersession of inconsistent provisions. This Amendment shall supersede the provisions of the Plan and Adoption Agreement ro the extent those provisions are inconsistent with the provisions of rhis Amend- ment. Section 1. Limitaûons on Contribuûons A. Effective dare. This Section shall be effective for Limitarion Years beginning after December 31,2001. B. Maximum annual addition. The maximum Annual Addition that may be contributed or allocared ro a Participant's Account under rhe Plan for any Limitation Year shall not exceed rhe lesser of: (i) $40,000, as adjusted for increases in the cost-of-living under secrion 415(d) of the Code, Ot (ii) One hundred percent (100%) of the Participant's Compensation for the Limiration Year. The compensation limit referred ro in (ii) shall nor apply ro any contribution fot medical benefits after separation from service (within the meaning of section 401(h) or section 419A(f)(2) of the Code) which is otherwise rreated as an Annual Addition. Secûon 2. Increase in Earnings Limit A. In general. For Plan Years beginning on or after January 1,2002, the annual Earnings of each Participant taken into account in determining all benefits provided under the Plan for any Plan Year shall not exceed $200,000, as adjusted for increases in!he cost-of-living in accordance with section 401 (a) (17)(B) of the Code. Annual Earnings means Earnings during the Plan Year or such orher consecutive 12-month period over which Earnings is orherwise determined under the Plan (the derermination period). The cost-of- living adjusrment in effect for a calendar year applies ro annual Earnings for the determinarion period that begins with or wirhin such calendar year. B. Prior years. If Earnings for any prior determinarion period are taken into account in determining a Participant's allocarions or benefits for rhe current Plan Year, the Earnings for such prior year are subject ro the applicable annual Earnings limit in effect for that prior year. MPP 10/25/00 (17) - Section 3. Direct Rollovers of Plan Distributions A. Effective date. This Section shall apply to distributions made after December 31, 200 I. B. Modification of definition of eligible retirement plan. For purposes of the direct rollover provisions in Section 9.03 of the Plan, an eligible retirement plan shall also mean an annuity contract described in section 403(b) of the Code and an eligible plan under secrion 457(b) of the Code which is maintained by a state, political subdivision of a stare, or any agency Ot instrumentality of a state or political subdivision of a state and which agrees ro separately account for amounts transferred into such plan from this Plan. The definition of eligible retirement plan shall also apply in the case of a distribution to a surviving spouse, or ro a spouse or former spouse who is the alternate payee under a qualified domestic relation order, as defined in section 414(p) of the Code. C. Modification of definition of eligible rollover distribution to include after-tax employee contributions. For purposes of the direct rollover provisions in Section 9.03 of the Plan, a portion of a distribution shall not fail ro be an eligible rollover distribution merely because the porrion consistS of after-tax employee contributions which are not includible in gross income. However, such portion may be transferred only to an individual retirement account or annuity described in section 408(a) or (b) of the Code, or to a qualified defined contribution plan described in section 401 (a) or 403(a) of the Code that agrees ro separately account for amounts so transferred, including separately accounting for the portion of such distribution which is includible in gross income and the portion of such distribution which is not so includible. Section 4. Rollovers From Other Plans Effective January 1, 2002, unless otherwise elected by the Employer in the Adoption Agreement, the Plan will accept Participant rollover contributions and/or direct rollovers of distributions (including after-tax contributions) made after Decembet 31, 2001 that are eligible for rollover in accordance with Section 402(c), 403(a)(4), 403(b)(8), 408(d)(3)(A)(ii), ot 457(e)(16) of the Code, from all of the following types of plans: (I) a qualified plan described in Section 401 (a) Ot 403(a) of the Code; (2) an annuity contract described in Section 403(b) of the Code; (3) an eligible plan under Section 457(b) of the Code which is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state; and (4) an individual retirement account or annuity described in Section 408(a) or 408(b) of the Code (including SEPs, and SIMPLE IRAs after 2 years of participating in the SIMPLE IRA). The amount distributed from such plan must be rolled over to this Plan no later than the sixtieth (60th) day after distribution was made from the plan, unless otherwise waived by the IRS pursuant to Section 402(c)(3) of the Code. Section 5. Voluntary Participant Contributions The ten percent (10%) limit on Voluntary Participant Contributions under Section 4.05 of the Plan shall be increased to twenty-five percent (25%). MPP 10/25/00 (J~) "I ;~ ~ ~ ~ Y4 .j ! ~~ I 'c; i !: j¡ BASIC DOCUMENT MPP 10/25/00 (I~) - ICMA RETIREMENT CORPORATION GOVERNMENTAL MONEY PURCHASE PLAN & TRUST I. PURPOSE The Employer hereby adopts rhis Plan and Trust to provide funds for its Employees' retirement, and to provide funds for their Beneficiaries in the event of death. The benefits provided in this Plan shall be paid from the Trust. The Plan and the Trust forming a part hereof are adopted and shall be maintained for the exclusive benefit of eligible Employees and rheir Beneficiaries. Excepr as provided in Sections 4.10 and 14.03, no part of rhe corpus or income of [he Trusr shall revert to the Employer or be used for or diverted to purposes orher than [he exclusive benefic of Participants and [heir Beneficiaries. II. DEFINITIONS 2.01 Account. A separate record which shall be established and maintained under [he Trust for each Participant, and which shall include all Participant subaccounts created pursuant [0 Article IV, plus any Participant Loan Account created pursuant to Section 13.03. Each subaccount created pursuant to Article IV shall include any earnings of [he Trust and adjusrments for wirhdrawals, and realized and unrealized gains and losses allocable thereto. The term "Account" may also refer to any of such separate subaccounts. 2.02 Accounting Date. Each day [hat the New York Stock Exchange is open for trading, and such other dates as may be determined by the Plan Administrator, as provided in Section 6.06 for valuing [he Trust's assers. 2.03 Adoption Agreement. The separate agreement executed by the Employer through which the Employer adoprs [he Plan and elects among [he various alternatives provided [hereunder, and which upon execution, becomes an integral part of the Plan- 2.04 Beneficiary. The person or persons designated by the Panicipant who, subjecr ro rhe requirements of Article XII, shall receive any benefits payable hereunder in the event of the Participant's death. The designation of such Beneficiary shall be in writing to the Plan Administrator. A Participant may designare primary and conringent Benefi- ciaries. Where no designated Beneficiary survives [he Participant, the Panicipant's Beneficiary shall be his/her surviv- ing spouse or, if none, his/her estate. 2.05 Break in Service. A Period of Severance of a[ lease [Welve (12) consecutive months. In [he case of an individual who is absent from work for materniry or paterniry reasons, the [Welve (12) consecutive month period beginning on the firs< anniversary of the fitst date of such absence shall nor constitute a Break in Serv- ice. For purposes of this paragraph, an absence from work for maternity or paternity reasons means an absence (I) by reason of the pregnancy of the individual, (2) by reason of rhe birth of a child of [he individual, (3) by reason of the placement of a child with the individual in connection with the adoption of such child by such individual, o[ (4) for purposes of caring for such child for a period beginning immediately following such birth or placement. 2.06 Code. The Internal Revenue Code of 1986, as amended from time to time. 2.07 Covered Employment Classification. The group or groups of Employees eligible to make and/or have contri- butions to this Plan made on their behalf, as specified by [he Employer in the Adoption Agreement. 2.08 Disability. A physical or mental impairment which is of such permanence and degree that, as determined by rhe Employer, a Participant is unable because of such impairment to perform any subsrantial gainful activity for which he/she is suited by virtue of his/her experience, training, or education and that has lasted, or can be expected to last, for a continuous period of not less rhan [Welve (12) months, or can be expected [0 result in dearh. The permanence MPP 10/25/00 (.;b) and degree of such impairmenr shall be supported by medical evidence. If the Employer mainrains a long-term disability plan, the definition of Disability shall be the same as the definition of disability in the long tetm disability plan. 2.09 Earnings. (a) General Rule. Earnings, which form the basis fot computing Employer Conttibutions, are all of each Participant's W-2 earnings which are actually paid to the Participanr during the Plan Year, plus any conrributions made pursuanr to a salaty reduction agreement which are not includible in the gtoss income of the Employee under section 125, 132(f)(4), 402(e)(3), 402(h)(1)(B), 403(b), 414(h)(2), or 457(b) of the Code. Unless the Employer elects otherwise in the Adoption Agteement, Earnings shall exclude overtime compensation and bonuses. (b) Limitation on Earnings. Norwithstanding the foregoing, effective as of the first Plan Year beginning on or after January I, 1989, and before January I, 1994, the annual Earnings of each Participanr taken infO accounr for determining all benefits ptovided under the Plan fot any Plan Year shall not exceed $200,000. This limitation shall be adjusted by the Secretary of the Treasury at the same time and in the same man- ner as under section 415(d) of the Code, except that the dollar increase in effect on January 1 of any calendar year is effective for years beginning in such calendar year and the fitst adjustmenr to the $200,000 limitation is effective on January I, 1990. í' ~! (&1 ) For Plan Years beginning on or after January I, 1994, the annual Earnings of each Participanr taken into accounr for determining all benefits provided under the Plan for any Plan Year shall not exceed $150,000, as adjusted for increases in the cost-of-living in accordance with section 401 (a)(17)(B) of the Code. The cost-of-living adjustment in effect for a calendar year applies to any determination period beginning in such calendar year. If a determination period consists of fewer than twelve (12) months, the annual Earnings limit is an amounr equal to the otherwise applicable annual Earnings limit multiplied by a fraction, the numerator of which is the number of months in the short detetmination petiod, and the denominator of which is twelve (12). If Earnings for any prior determination period are taken infO accounr in detetmining a Participant's allocations for the currenr Plan Year, the Earnings for such prior determination period are subject to the applicable annual Earnings limit in effect for that prior year. For this purpose, for years beginning on or after January 1,1989, the applicable annual Earnings limit is $200,000. In addition, in detetmining allocations in Plan Years beginning on or after January 1,1994, the annual Earnings limit in effect for determination periods beginning before that dare is $150,000. (c) Limitations for Governmental Plans. In the case õf an eligible participanr in a governmental plan (within the meaning of section 414(d) of the Code), the dollar limitation shall not apply to the extenr the Earn- ings which are allowed to be taken infO accounr under the Plan would be reduced below the amount, which was allowed to be taken info accounr under rhe Plan as in effect on July I, 1993. For purposes of this Section, an eligible participanr is an individual who first became a Participanr in the Plan during a ,Plan Year beginning befote the first Plan Year beginning after December 31,1993. 2.10 Effective Date. The first day of the Plan Year during which the Employer adopts the Plan, unless the Employer ,,- elects in the Adoption Agteemenr an alternate dare as the Effective Date of the Plan. . 2.11 Employee. Any individual who has applied for and been hired in an employmenr posirion and who is em- ployed by the Employer as a common law employee; provided, however, that Employee shall not include any inm- , vidual who is not so recorded on the payroll records of the Employer, including any such person who is subsequendy" MPP 10/25/00 reclassified by a courr of law or regularory body as a common law employee of the Employer. For purposes of clatifica- rion only and not to imply that the preceding sentence would otherwise covet such petson, the term Employee does nor include any individual who performs services for the Employer as an independent contractor, or under any other nonemployee classification. 2.12 Employer. The unit of state or local government or an agency or instrumentality of one (I) or more states or local governments that executes the Adoption Agreement. 2.13 Hour of Service. Each hour for which an Employee is paid or entitled to payment for the performance of duties for the Employer. 2.14 Nonforfeitable Interest. The interest of the Participant or his/her Beneficiary (whichever is applicable) in rhat percentage of his/her Employer Contribution Account balance which has vested pursuant to Article VII. A Participant shall, at all times, have a one hundred percent (100%) Nonforfeitable Interest in his/her Participant Contribution, Portable Benefits, and Voluntary Contribution Accounts. 2.15 Normal Retirement Age. The age which the Employer specifies in the Adoption Agreement. If the Employer enforces a mandatory retirement age, the Normal Retirement Age is the lesser of that mandatory age or the age speci- fied in the Adoption Agreement. 2.16 Participant. An Employee or former Employee for whom contributions have been made under the Plan and who has not yet received all of the payments of benefits to which he/she is entitled under the Plan. A Participant is treared as benefiting under the Plan for any Play Year during which the Participant received or is deemed to receive an allocation in accordance with Treas. Reg. section 1.410(b)-(3)(a). 2.17 Period of Service. For purposes of determining an Employee's initial or continued eligibility to participare in the Plan or the Nonforfeitable Interest in the Participant's Account balance derived from Employer Contriburions, an Employee will receive credit for the aggregate of all time period(s) commencing with the Employee's first day of employment or reemployment and ending on the date a Break in Service begins. The first day of employment or reemployment is the first day the Employee performs an Hour of Service. An Employee will also receive credit for any Period of Severance ofless than twelve (12) consecutive months. Fractional periods of a year will be expressed in rerms of days. Notwithstanding anything to the contrary herein, if the Plan is an amendment and restatement of a plan rhat previ- ously calculared service under the hours of service method, service shall be credited in a manner that is at least as generous as that provided under Treas. Regs. section 1.41O(a)-7(g). 2.18 Period of Severance. A continuous period of time during which the Employee is not employed by the Em- ployer. Such period begins on the date the Employee retires, quits or is discharged, or if earlier. the twelve (12) month anniversary of the date on which the Employee was otherwise first absent from service. 2.19 Plan. This Plan, as established by the Employer, including any elected provisions pursuant to the Adoption Agreement. 2.20 Plan Administrator. The ICMA Retirement Corporation or any successor Plan Administraror. 2.21 Plan Year. The twelve (12) consecutive month period designated by the Employer in the Adoption Agreement. 2.22 Trust. The Trust created under Article VI of the Plan which shall consist of all of the assets of the Plan derived from Employer and Participant contributions under the Plan, plus any income and gains thereon, less any losses. expenses and distributions to Participants and Beneficiaries. MPP 10/25/00 (22) ':'- III. ELIGIBILITY 3.01 Service. Except as provided in Sections 3,02 and 3.03 of the Plan, an Employee within the Coveted Employ- ment Classification who has completed a twelve (12) month Period of Service shall be eligible to participate in the Plan at the beginning of the payroll period next commencing'thereahet, The Employer may elect in the Adoption Agreement to waive or reduce the twelve (12) month Petiod of Service. If the Employer maintains the plan of a predecessor employer, service with such employer shall be treated a Service for the Employer. 3.02 Age. The Employer may designate a minimum age requirement, not to exceed age twenty-one (21), for partici- pation. Such age, if any, shall be declared in rhe Adoprion Agreement. 3.03 Return to Covered Employment Classification. In the event a Participant is no longer a member of Covered Employment Classificarion and becomes ineligible to make contributions and/or have contributions made on his/her behalf, such Employee will become eligible for contributions immediately upon reruming to a Covered Employment Classification, If such Participant incurs a Break in Service, eligibility will be derermined under the Break in Service rules of the Plan. In the event an Employee who is not a member of a Covered Employment Classificarion becomes a member, such Employee will be eligible to participate immediately if such Employee has satisfied the minimum age and service requirements and would have othetwise previously become a Participant. 3.04 Service Before a Break in Service. All Periods of Service with the Employer are counted toward eligibility, including Periods of Service before a Break in Service, IV. CONTRIBUTIONS 4.01 Employer Contributions. For each Plan Year, the Employer will contribute to the Trust an amount as specified .; in the Adoption Agreement. The Employer's full contribution for any Plan Year shall be due and paid not later than '¡. thirty (30) working days after the close of the Plan Year. Each Participant will share in Employer Contributions for the .;~ period beginning on the date the Participant commences participation under the Plan and ending on the date on which such Employee severs employment with the Employer or is no longer a member of a Covered Employment' Classification, and such contributions shall be accounted for separately in his/her Employer Contribution Account. Notwithstanding anything to the contrary herein, if so elected by the Employer in the Adoption Agreement, an Employee shall be required to make contributions as provided pursuant to Section 4.03 or 4.04 in order to be eligiblé;: for Employer Contributions to be made on his/her behalf to the Plan.; 4.02 Forfeitures. All amounts forfeited by terminated Particîpants, pursuant to Section 7.06, shall be allocated to a~ suspense account and used to reduce dollar for dollar Employer Contributions otherwise required under the Plan for : the current Plan Year and succeeding Plan Years, if necessary. Forfeirures may first be used to pay the reasonable .~ administrative expenses of the Plan, with any rem;únder being applied to reduce Employer Contributions. 4.03 Mandatory Participant Contributions. If the Employer so elects in the Adoption Agreement, each eligible..( Employee shall make contributions at a prescribed tate as a requirement for his/her participation in the Plan. Once '" such an eligible Employee becomes a Participant hereunder, he/she shall not thereahet have the right to discontin~~r vary the rate of such Mandatory Participant Contributions. Such contributions shall be accounted for separately 10 .. ".I the Parricipant Contribution Account. Such Account shall be at all times nonforfeitable by the Participant. ::~ ii If the Employer so elects in the Adoption Agreement, the Mandatory Participant Contributions shall be "picked-;"'" by the Employer in accordance with Code section 4l4(h)(2), Any contribution picked-up under this Section MPP 10/25/00 (1.3) treared as an employer contribution in determining the tax treatment under the Code, and shall nor be included as gross income of rhe Panicipanr until ir is disrribured. 4.04 Marched Participanr Contributions. If rhe Employer so elecrs in rhe Adoprion Agreement, Employer Contri- butions shall be made on behalf of an eligible Employee for a Plan Year only if the Employee agrees ro make Matched Participant Contriburions for chat Plan Year. The rate of Employer Contriburions shall, to the extent specified in the Adoption Agreement, be based upon the rate at which Matched Panicipant Contributions are made for that Plan Year. Matched Panicipant Contributions shall be accounted for separately in the Panicipant Contribution Account. Such Account shall be at all times nonforfeitable by the Panicipant. 4.05 Voluntary Participant Contributions. If rhe Employer so elects in the Adoprion Agreement, an eligible Employee may make voluntary (unmatched) contributions under the Plan for any Plan Year in any amount up ro ten percent (10%) of his/her Earnings for such Plan Year. Such contributions shall be accounted for separately in rhe Participant's Voluntary Contriburion Account. Such Account shall be at all times nonforfeirable by the Panicipant. 4.06 Deductible Employee Contributions. The Plan will not accept deducrible employee contriburions which are made for a taxable year beginning afrer December 3 I, 1986. Contributions made prior to thar dare will be main- tained in a Deductible Employee Contriburion Account. The Account will share in the gains and losses under rhe Plan in the same manner as described in Secrion 6.06 of rhe Plan. Such Account shall be ar all rimes nonforfeirable by the Participant. 4.07 Military Service Contributions. Notwithsranding any provision of the Plan ro the contrary, contriburions, benefits and service credir with respecr ro qualified military service will be provided in accordance with secrion 414(u) of rhe Code. If the Employer has elecred in rhe Adoption Agreement to make loans available to Participants, loan repayments will be suspended under the Plan as permitted under section 414(u)( 4) of rhe Code. 4.08 Changes in Participant Election. A Participant may elect to change his/her rate of Matched Participant Conrriburions or Voluntary Panicipant Contriburions at anytime or during an election period as designated by the Employer. A Participant may disconrinue such contriburions at any time or during an election period as designated by the Employer. 4.09 Portability of Benefits. (a) An Employee within the Covered Employment Classificarion, whether or not he/she has sarisfied rhe minimum age and service requirements of Article III, may transfer or roll over his/her interest in a plan qualified under section 401 (a) or 403 (a) of rhe Code to chis Plan, provided: (I) The disrriburion is on account ot rerminarion or discontinuance of rhe plan or rhe disrriburion becomes payable on account of rhe Employee's separarion from service, dearh, disabiliry or afrer rhe Employee mains age fifry-nine and one-half (59-1/2); and rhe form and namre of rhe disrri- burion from rhe ocher plan sarisfies rhe applicable requirements under the Code to make rhe rransfer or rollover a nontaxable rransacrion ro rhe Employee; (2) The amoum disrribured from rhe plan is rransferred {Q rhis Plan no larer than rhe sixrierh (60th) day afrer distriburion was made from rhe plan; and (3) In rhe case of a rollover, rhe amount rransferred {Q chis Plan does not exceed the amount of the distribution reduced by rhe Employee contriburions (if any) {Q rhe plan (orher rhan accumulared deducrible volumary contriburions). MPP 10/25/00 (2£1) Such transfer or rollover may also be through an Individual Retirement Plan qualified under section 408 of the Code where the Individual Retirement Plan was used as a conduit from the prior plan and the transfer is made in accordance with the rules provided at (I) through (3) of this paragraph and the transfer does not include any personal contribu- tions or earnings thereon the Participant may have ~ade to the Individual Retirement Plan. The amount rransferred shall be deposited in the Trust and shall be credited to a Portable Benefits Account. Such Account shall be one hundred percent (100%) vested in the Employee. The Plan will accept accumulated Deductible Employee Contributions as defined in section 72(0)(5) of the Code that were distributed from a qualified retirement plan and transferred (rolled over) pursuant to section 402(a)(5), 402(a)(7), 403(a)(4), or 408(d)(3) of the Code. Notwithstanding the above, this transferred (rolled over) amount shall be deposired to the Trust and shall be credited to a Deductible Employee Contribution Account. Such Account shall be one hundred percent (100%) ~ested in the Employee. (b) An Employee within rhe Covered Employment Classification, whether or not he/she has satisfied the minimum age and service requirement of Article III, may, upon approval by the Employer and the Plan Administrator, transfer his/her interest in anorher plan maintained by the Employer that is qualified under section 40 I (a) of the Code to this Plan, provided the transfer is e/fected through a one-time irrevocable written election made by the Participant. The amount transferred shall be deposited in the Trusr and shall be credited to sources that maintain the same attribures as the plan from which they are transferred. Such transfer shall not reduce the accrued years or service credited to the Participant for purposes of vesting or eligibility for any Plan benefits or fearures. 4.10 Return of Employer Contributions. Any contribution made by the Employer because of a mistake offacr must be returned ro the Employer within one year of the date of contribution. (a) If the Participant does not participate in, and has never participated in another qualified plan or a welfare benefit fund, as defined in section 4 I 9(e) of the Code, maintained by the Employer, or an individual medical account, as defined by section 415(1)(2) of the Code, maintained by the Employer, which pro- ,," vides an Annual Addition, the amount of Annual Additions which may be credited to the Participant's Account for any Limitation Year will not exceed the lesser of the Maximum Permissible Amount or any other limitation contained in this Plan. If the Employer Contribution that would otherwise be contrib- uted or allocated ro the Participant's Account would cause the Annual Additions for the Limitation Year ro exceed the Maximum Permissible Amount, the amount contributed or allocated will be reduced so the Annual Additions for the Limitation-Year will equal the Maximum Permissible Amount. v. LIMITATION ON ALLOCATIONS 5.01 Participants Only in This Plan. ~, (b) Prior t~ determining the Particip~nt's actual Compensat~on for the Limitation Year, the Empl~yer ?",y ',?-,'..'.'.,"'..'.,."",,1,,,..,' ,,',..'. determine the MaxImum PermIssIble Amount for a Partlclpant on the basIs of a reasonable esnmanon of '" (, the Participant's Compensation for the Limitation Year, uniformly determined for all Participants simi- ' :', ":', larly situated. " ' ,,¡'J (c) As soon as is administratively feasible after the end of the Limitation Year, the Maximum Permissible ' Amount for the Limitarion Year will be determined on the basis of the Participant's actual Compensaåoø, for the Limitation Year. MPP 10/25/00 (25) (d) If, pursuant to Subsection (c) or as a result of the allocation of forfeitutes, there is an Excess Amount,., excess will be disposed of as follows: >0 (I) Any Voluntary Participant Contributions, ro rhe extent they would reduce the Excess Amount; will be returned to the Participant; (2) If after the applicarion of paragtaph (I) an Excess AmoUnt still exists, and the Participant is covered by the Plan at the ena of the Limitation Year, the Excess Amount in rhe Participant's Account will be used to reduce Employet Contributions (including any allocation of forfeitures) for such Participant in the next Limitation Year, and each succeeding Limitation Year if necessary; (3) If after the application of paragraph (I) an Excess Amount still exists, and the Participant is not covered by the Plan at the end of the Limitation Year, the Excess Amount will be held unallocated in a suspense account. The suspense account will be applied to reduce futUre Employer Contri- butions (including allocation of any forfeitUres) for all remaining Participants in the next Limita- tion Year, and each succeeding Limitation Year if necessary; (4) If a suspense account is in existence at any time during a panicular Limitation Year, all amounts in the suspense account must be allocated and reallocated to Participants' accounts before any Employer or any Employee conttibutions may be made to the Plan for that Limitarion Year. Excess Amounts in a suspense account may not be distributed to Participants or fotmer Partici- pants. 5.02 Participants in Another Defined Contribution Plan. (a) Unless the Employer ptOvides other limitations in rhe Adoption Agreement, this Section applies i~ in addition to this Plan, the Participant is covered under another qualified defined contribution plan main- tained by the Employer, or a welfare benefit fund, as defined in section 419(e) of the Code, maintained by the Employer, or an individual medical account, as defined by section 415(1)(2) of the Code, maintained by the Employer, which ptOvides an Annual Addition, during any Limitation Year. The Annual Additions which may be credited to a Participant's Account under this Plan for any such Limita- tion Year will not exceed the Maximum Permissible Amount reduced by the Annual Additions credited to a Participant's Account under the other plans and welfare benefit funds for the same Limitation Year. If the Annual Additions with respect to the Participant under other defined contribution plans and welfare benefit funds maintained by the Employer are less than the Maximum Permissible Amount and the Employer contribution that would otherwise be contributed or allocated to the Participant's Account under this Plan would cause the Annual Additions for the Limitation Year to exceed this limitation, the amount contributed or allocated will be reduced so that the Annual Additions under all such plans and funds for the Limitation Year will equal the Maximum Permissible Amount. If the Annual Additions with tespect to the Participant under such other defined contribution plans and welfare benefit funds in the aggregate are equal to or greater than the Maximum Permissible Amount, no amount will be contrib- uted or allocated to the Participant's Account under this Plan for the Limitation Year. (b) Prior to determining the Participant's actual Compensation for the Limitation Year, the Employer may determine the Maximum Permissible Amount for a Participant in the manner described in Section 5.01(b). (c) As soon as is administratively feasible after the end of the Limitation Year, the Maximum Permissible Amount for the Limitation Year will be determined on the basis of the Participant's actual Compensation for the Limitation Year. (d) If, pursuant to Subsection (c) or as a result of the allocation of forfeitures, a Participant's Annual Addi- tions under this Plan and such other plans would result in an Excess Amount for a Limitation Year, the Excess Amount will be deemed to consisr of the Annual Additions last allocated, except that Annual Additions attributable to a welfare benefit fund or individual medical account will be deemed to have MPP 10/25/00 (2.'-) been allocated first regardless of the actUal allocation date. (e) If an Excess Amount was allocated to a Participant on an allocation date of this Plan which coincides with an allocation date of another plan, the Excess Amount attributed ro this Plan will be the product of, (1) The total Excess Amount allocated as of such date, multiplied by (2) The rario of (i) the Annual Addirions allocated ro the Participant for the Limitation Year as of such date under this Plan ro (ii) the total Annual Additions allocated ro the Participant for the Limitation Yeat as of such dare under this and all the other qualified defined contribution plans. (f) Any Excess Amount attributed ro this Plan will be disposed in the manner described in Section 5.01(d). 5.03 Definitions. For the purposes of this Article, the following definitions shall apply: (a) Annual Additions: The sum of the following amounts credited ro a Participant's account for the Limita- tion Year: (1) Employer Contributions; ,. (2) Forfeitures; ?J ti Ii t;: ~ ~ II :1 I""':,;: " I ,j , 'ì " "~ ~. ,;< (3) Employee contributions; and (4) Allocations under a simplified employee pension. Amounts allocated, after March 31, 1984, ro an individual medical account, as defined in section 415(l){2) of the Code, which is part of a pension or annuity plan maintained by the Employer, are treated as Annual Additions to a defined contribution plan. For this purpose, any Excess Amount applied under Sections 5.01(d) or 5.02(f) in the Limitation Year ro reduce Employer Contributions will be considered Annual Additions for such Limitation Year. (b) Compensation: A Participant's wages, salaries, and fees for professional services and other amounts re- ceived (without regard ro whether an amount is paid in cash) for personal services actually tendered in the course of employment with the Employer maintaining the Plan to the extent that the amounts are includible in gross income {including, but not limited to, bonuses, fringe benefits, and reimbursements or other expense allowances under a nonaccountable plan (as described in Treas. Reg. section 1.62-2(c))), excluding the following: (1) Employer Contributions ro a plan of deferred compensation which are not includible in the Employee's gross income for the taxable year in which contributed, or Employer Contributions under a simplified employee pension plan ro the extent such contributions are deductible by the Employee, or any distributions from a plan of deferred compensation; and ,,' , ~: (2) Other amounts which received special tax benefits, or contributions made by the Employer (whether or not under a salary reduction agreement) towards the purchase of an annuity contmCt described in section 403(b) of the Code (whether or not the amounts are actually excludable from the gross income of the Employee). (3) Notwithstanding the above, for Limitation Years beginning after December 31, 1997, Compen- sation shall include: MPP 10/25/00 l-2.7) (a) any elective deferrals (as defined in section 402(g)(3) of the Code), and (b) any amount which is contributed or deferred by the Employer at the election of the Employee and which is not includible in the gross income of the Employee by reason of sections 125 or 457 of the Code. (4) Notwithstanding the above, for Limitation Years beginning on and after January I, 2001, for purposes of applying the limitations described in this Arricle V of the Plan, Compensation paid or made available during such Limitation Years shall include elective amounts that ate not includible in the gross income of the Employee by reason of section 132(f)(4) of the Code. Fot putposes of applying the limitations of this Article, Compensation for a Limitation Year is the Compensa- tion actually paid or made available during such year. (c) Defined Contribution Dollar Limitation: $30,000. (d) Employer: The Employer that adopts this Plan. (e) Excess Amount: The excess of the Participant's Annual Additions for the Limirarion Year over the Maxi- mum Permissible Amount. An Excess Amount shall include allocable income. The income allocable to an Excess Amount is equal to the sum of the allocable gain or loss for the Plan Year and the allocable gain or loss for the period between the end of the Plan Year and the date of distributions (the gap period). The Plan may use any reasonable method for computing the income allocable to an Excess Amount, provided that the method is used consistently for all Participants and for all corrective distributions under the Plan for the Plan Year, and is used by the Plan for allocating income to Participants' Accounts. (f) Highest Average Compensation: The average Compensation for the three (3) consecutive years of service with the Employer that produce the highest average. A year of service with the Employer is the twelve (12) consecutive month period defined as the Limitation Year in the Adoption Agreement. (g) Limitation Year: A calendar year, or the twelve (12) consecutive month period elected by the Employer in the Adoption Agreement. All qualified plans maintained by the Employer must use the same Limitarion Year. If the Limitation Year is amended to a different twelve (12) consecutive month period, the new Limiration Year must begin on a date within the Limitation Year in which the amendment is made. (h) Maximum Permissible Amount: The maximum Annual Addition that may be contributed or allocated to a Participant's Account under the Plan for any Limitation Year shall nor exceed the lesser of: (I) The Defined Contribution Dollar Limitation, or (2) Twenty-five percent (25%) of the Participant's Compensation for the Limitation Year. If a short Limitation Year is created because of an amendment changing the Limitation Year to a different twelve (12) consecutive month period, the Maximum Permissible Amount will not exceed the Defined Contribution Dollar Limitation multiplied by the following fraction: Number of months in the short Limitation Year 12 (i) Projected Annual Benefit: The annual retirement benefit (adjusted to an acruarially equivalent straight MPP 10/25/00 :25) -- life annuity if such benefit is expressed in a form orher than a straight life annuity or qualified joint and survivor annuity) to which rhe Participant would be entitled under rhe terms of the plan assuming: (I) The Participant will continue employment until Normal Retirement Age under the plan (or current age, iflater), and - (2) The Participant's Compensation for the current Limiration Year and all other relevant factors used to determine benefits under the plan will remain constant for all future Limitation Years. VI. TRUST AND INVESTMENT OF ACCOUNTS 6.01 Trust. A Trusr is hereby created to hold all of the assets of the Plan for the exclusive benefit of Participants and Beneficiaries, except that expenses and taxes may be paid from the Trust as provided in Section 6_03. The trustee shall be the Employer or such other person which agrees to act in that capacity hereunder. 6.02 Investment Powers. The rrustee or the Plan Administrator, acring as agent for the trustee, shall have the powers listed in this Section with respect to investment of Trust assets, except to the extent rhat the investment of Trust assets is controlled by ParticipantS, pursuant to Section 13.03. (a) To invest and reinvest the Trust without distinction betWeen principal and income in common Ot preferred stocks, shares of regulated investment companies and other muTUal funds, bonds, loans, notes, debentures, certificates of deposir, contracts wirh insurance companies including but not limited to insurance, individual or group annuity, deposit administrarion, guaranteed interest contracts, and deposits at reasonable rates of interest at banking institutions including but not limited to savings ac- counts and certificates of deposit. AssetS of the Trust may be invested in securities that involve a higher degree of risk than investments rhat have demonstrated their investment performance over an extended period of time. (b) To invest and reinvest all or any part of the assets of the Trust in any common, collective or commingled trust fund that is maintained by a bank or other institution and that is available to Employee plans qualified under section 401 of the Code, or any successor provisions thereto, and during the period of time that an investment through any such medium shall exist, to the extent of participation of the Plan, the declaration of trust of such common, collective, or commingled trust fund shall constiTUte a part of this Plan. (c) To invest and reinvest all or any part of the assetS of the Trust in any group annuity, deposit administra- tion or guaranteed interest contract issued by an insurance company or other financial instiTUtion on a commingled or collective basis with the assets of any other plan or trusr qualified under section 401 (a) of the Code or any other plan described in sëction 401 (a)(24) of the Code, and such contract may be held or issued in the name of the Plan Administrator, or such custodian as the Plan Administrator may appoint, as agent and nominee for the Employer. During the period rhat an invesrment through any such contract shall exist, to the extent of participation of the Plan, the terms and conditions of such contracr shall constiTUte a part of the Plan. (d) To hold cash awaiting investment and to keep such portion of the Trusr in cash or cash balances, without liability for interest, in such amounts as may from time to time be deemed to be reasonable and necessary to meet obligations under the Plan or otherwise to be in rhe best interests of the Plan. (e) To hold, to authorize the holding of, and to register any investment to the Trust in the name of the Plan, rhe Employer, or any nominee or agent of any of the foregoing, including rhe Plan Administrator, or in bearer form, to deposit or arrange for the deposir of securities in a qualified central depositoty even MPP 10/25/00 (zq) though, when so deposited, such securities may be metged and held in bulk in the name of the nominee of such depository with other securities deposited therein by any other person. and to organize corpora- tions or trusts under the laws of any jurisdiction for the purpose of acquiring or holding title to any properry for the Trust. all with or without the addition of words or other action to indicate that properry is held in a fiduciary or representative capaciry but the books and records of the Plan shall at all times show that all such investments are part of the Trust. (f) Upon such terms as may be deemed advisable by the Employer or the Plan Administrator, as the case may be, for the protection of the interests of the Plan or for the preservation of the value of an investment, to exercise and enforce by suit for legal or equitable remedies or by other action, or ro waive any right Ot claim on behalf of the Plan or any default in any obligation owing to the Plan, to renew, extend rhe time for payment of, agree to a reduction in the rate of interest on, or agree to any other modification or change in the terms of any obligation owing to the Plan, ro settle, compromise, adjust, or submit to arbitration any claim or right in favor of or against the Plan, to exercise and enforce any and all rights of foreclosure, bid for properry in foreclosure, and take a deed in lieu of foreclosure with or without paying consideration therefor. to commence or defend suirs or other legal proceedings whenever any interest of the Plan requires it, and to represent the Plan in all suits or legal proceedings in any court of law or equity or before any body or tribunal. (g) To employ suirable consultants, deposirories, agents, and legal counsel on behalf of the Plan. (h) To open and maintain any bank account or accounts in the name of the Plan, the Employer, or any nominee or agent of the foregoing, including the Plan Administrator, in any bank or banks. (i) To do any and all other acts that may be deemed necessary to carry out any of the powers set forth herein. 6.03 Taxes and Expenses. All taxes of any and all kinds whatsoever that may be levied or assessed under existing or future laws upon, or in respect to the Trust, or the income thereof, and all commissions or acquisitions or dispositions of securities and similar expenses of investment and reinvestment of the Trust, shall be paid from the Trust. Such reasonable compensation of the Plan Administrator, as may be agreed upon from time to time by the Employer and the Plan Administrator, and reimbursement for reasonable expenses incurred by the Plan Administrator in perform- ance of its duties hereunder (including but not limited to fees for legal, accounting, investment and custodial services) shall also be paid from the Trust. However, no person who is a fiduciary within the meaning of section 3(21 )(A) of ERISA and regulations promulgated thereunder. and who receives full-rime pay from the Employer may receive compensation from the Trust, except for expenses properly and actually incurred. 6.04 Payment of Benefits. The payment of benefits from the Trust in accordance with the terms of the Plan may be made by the Plan Administrator, or by any custodian or other person so authorized by the Employer to make such disbursement. Benefits under this Plan shall be paid only if the Plan Administrator, custodian or other person decides in his/her discretion that the applicant is entitled to them. The Plan Administrator, custodian or other person shall not be liable with respect to any distribution of Trust assets made at the direction of the Employer. 6.05 Investment Funds. In accordance with uniform and nondiscriminatory rules established by the Employer and the Plan Administrator, the Participant may direct his/her Accounts to be invested in one (1) or more investment funds available under the Plan; provided. however, that the Participant's investment directions shall not violate any investment restrictions established by the Employer and shall not include any investment in collectibles, as defined in section 408(m) of the Code. 6.06 Valuation of Accounts. As of each Accounting Date, the Plan assets held in each investment fund offered shall be valued at fair market value and the investment income and gains or losses for each fund shall be determined. Such investment income and gains or losses shall be allocated proportionately among all Account balances on a fund- by-fund basis. The allocation shall be in the proportion that each such Account balance as of the immediately preced- ing Accounting Date bears to the total of all such Account balances as of rhat Accounting Date. For purposes of this MPP 10/25/00 - (?JO) "-- Article, all Account balances include rhe Account balances of all Participanrs and Beneficiaries. 6.07 Participant Loan Accounts. Participant Loan Accounts shall be invesred in accordance wirh Secrion 13.03 of rhe Plan. Such Accounts shall nor share in any invesrmenr income and gains or losses of rhe invesrment funds described in Secrion 6.05. VII. VESTING 7.01 Vesting Schedule. The porrion of a Participanr's Account amiburable ro Mandarory Participant Contribu- rions, Marched Participant Conrriburions, or Volunrary Participanr Contriburions, and rhe earnings rhereon, shall be ar all rimes nonforfeirable by rhe Participant. A Participant shall have a Nonforfeirable Interesr in rhe percentage of his/her Employer Conrriburion Account esrablished under Secrion 4.01 derermined pursuant ro rhe schedule elecred by rhe Employer in rhe Adoprion Agreemenr. 7.02 Crediting Periods of Service. Excepr as provided in Secrion 7.03, all of an Employee's Periods of Service wirh rhe Employer are counred ro derermine rhe nonforfeirable percentage in rhe Employee's Account balance derived from Employer Contriburions. If rhe Employer maintains rhe plan of a predecessor employer, service wirh such employer will be rreared as service for rhe Employer. For purposes of derermining years of service and Breaks in Service for purposes of compuring a Participant's nonforfeirable righr ro rhe Account balance derived from Employer Contriburions, rhe rwelve (12) consecurive month period will commence on rhe dare rhe Employee firsr performs an hour of service and each subsequent rwelve (12) consecurive monrh period will commence on rhe anniversary of such dare. 7.03 Service After Break in Service. In rhe case of a Parricipanr who has a Break in Service of ar leasr five (5) years, all Periods of Service afrer such Breaks in Service will be disregarded for rhe purpose of derermining rhe nonforfeirable percentage of rhe Employer-derived Account balance rhar accrued before such Break, bur both pre-Break and posr- Break service will counr for rhe purposes of vesring rhe Employer-derived Accounr balance rhar accrues afrer such Bteak. Borh Accounts will share in rhe earnings and losses of rhe fund. In rhe case of a Parricipanr who does nor have a Break in Service of at leasr five (5) years, borh rhe pre-Break and posr- Break service will counr in vesring borh rhe pre-Break and posr-Break Employer-derived Accounr balance. In rhe case of a Participanr who does nor have any nonforfeirable righr ro rhe Accounr balance derived from Employer Conrriburions, years of service before a period of consecurive one (1) year Breaks in Service will nor be raken inro accounr in compuring eligibiliry service if rhe number of consecurive one (1) year Breaks in Service in such period equals or exceeds rhe grearer of five (5) or rhe aggregare number of years of service. Such aggregare number of years of service will nor include any years of service disregarded under rhe preceding senrence by reason of prior Bteaks in Service. If a Parricipanr's years of service are disregarded pursuanr ro rhe pteceding paragraph, such Participant will be rteared as a new Employee for eligibiliry purposes. If a Participanr's years of service may nor be disregarded pursuanr ro rhe preceding paragraph, such Parricipant shall continue ro participare in rhe Plan, or, if rerminared, shall participare immediately upon reemployment. 7.04 Vesting Upon Normal Retiremenr Age. Norwirhsranding Secrion 7.01 of rhe Plan, a Participant shall have a Nonforfeirable Intetesr in his/her entire Employer Contriburion Accounr, ro rhe exrent rhar rhe balance of such Accounr has nor previously been forfeired pursuant ro Secrion 7_06 of rhe Plan, if he/she is employed on or afrer his/ her Normal Reriremenr Age. MPP 10/25/00 (31) 7.05 Vesting Upon Death or Disabiliry. Notwithstanding Section 7.01 of the Plan, in the event of Disability Ot death, a Participant or his/her Beneficiary shall have a Nonforfeitable IntereSt in his/her entite Employet Contribution Accounr, to the exrent rhat the balance of such Account has not previously been forfeited pursuant to Section 7.06 of the Plan. 7.06 Forfeitures. Except as provided in Sections 7.04 and 7.05 of the Plan or as othetwise provided in this Section 7.06, a Participant who separates from service prior ro obtaining full vesting shall forfeit thar percentage of his/her Employer Contribution Account balance which has not veSted as of the date such Participant incurs a Break in Service of five (5) consecutive years or, if earlier, the date such Participant receives, or is deemed undet rhe provisions of Section 9.04 to have received, diStribution of the entire Nonforfeitable IntereSt in his/her Employet Conttibution Account. If a Participant receives a voluntary distribution ofless than the entire vested portion of his/her Employer Contribution Account, the part of the nonvested portion that will be treated as a forfeiture is the total nonveSted portion multiplied by a fraction, the numerator of which is the amount of the diStribution attriburable to Employer Contributions and the denominator of which is the total value of the vested Employer Contribution Account. No forfeiture will occur solely as a result of a Parricipant's withdrawal of Employee Contributions. Forfeitures shall be allocated in the manner described in Secrion 4.02. 7.07 Reinstatement of Forfeitures. If the Participant returns to the employment of the Employer before incurring a Break in Service of five (5) consecutive years, any amounts forfeited pursuant to Section 7.06 shall be reinStated to the Participant's Employer Contribution Account on the date of repayment by the Participant of rhe amount distribured to such Participant from his/her Employer Contribution Account; provided, however, rhat if such Parricipant forfeited his/her Account balance by reason of a deemed diStribution, pursuant to Section 9.04, such amounts shall be auto- matically restored upon the reemployment of such Participant. Such repayment muSt be made before rhe earlier of five (5) years after the firSt date on which the Participant is subsequently reemployed by rhe Employer, or the dare the Participant incurs a Break in Service of five (5) consecutive years. VIII. BENEFITS CLAIM 8.01 Claim of Benefits. A Participant, Employee or Beneficiary shall notifY the Plan Administrator in writing of a claim of benefits under the Plan. The Plan Administrator shall take such sreps as may be necessary to facilirate the payment of such benefits to the Participant, Employee or Beneficiary. 8.02 Appeal Procedure. If any claim for benefirs is denied by the Plan Administrator, the Plan Administrator shall notifY the claimant in writing of such denial, setting forth the specific reasons and citing reference to specific provi- sions of the Plan upon which the denial is based. An appeal period of sixty (60) days after receipt of the notification of denial shall be granted, and said notificarion shall advise the claimant of the appeal procedure. The claimant shall file the appeal with the Plan AdminiStrator, whose decisiorrshall be final, to the extent provided by Section 15.07. IX. COMMENCEMENT OF BENEFITS 9.01 Normal and Elective Commencement of Benefits. A Participant who retires, becomes Disabled or separates from 'service for any other reason may elect by written notice to the Plan Administrator to have the diStribution of benefits commence on any date, provided that such disrribution complies with Sections 9.02 and 9.07. Such election must be made in writing during the ninety (90) day period ending on the date as of which benefit payments are to commence. A Participant's election shall be revocable and may be amended by the Participant. MPP 10/25/00 4i (3Z) The failure of a Participant and the Participant's Spouse to consent to a distriburion while a benefit is immediately distriburable, within the meaning of section 9.02 of the Plan, shall be deemed to be an election to defer commence- ment of payment of any benefit. 9.02 Restrictions on Immediate Distributions, NotWithstanding anything to the contrary in Section 9.01 of the Plan, if the value of a Participant's vested Account balance exceeds the dollar limit under section 411(a)(lI)(A) of the Code, and the Account balance is immediately distriburable, the Participant and the Participant's Spouse (ot where eithet has died, the survivor) must consent to any distribution of such Account balance. The consent of the Partici- pant and the Participant's Spouse shall be obrained in wriring during the ninety (90) day period ending on rhe dare as of which benefit payments are to commence. The Plan Administrator shall notifY rhe Participant and the Participant's Spouse of rhe right to defer any distribution until the Participant's Account balance is no longer immediately disttibutable. Such notification shall include a general description of the material featUres, and an explanation of the relative values of, the optional forms of benefit available under the Plan in a manner rhat would satisfY secrion 417(a)(3) of the Code, and shall be provided no less than thirty (30) and no more than ninety (90) days before rhe date as of which benefit payments are to commence. However, distribution may commence less than thirty (30) days after the notice described in the preceding sentence is given, provided (i) the distribution is one to which sections 40 I (a) (I I) and 417 of the Code do nor apply or, if sec- rions 40 I (a)(ll) and 417 of the Code do apply, the waivet requirements of Section l2.04(a) are met; (ii) the Plan Administrator clearly informs the Participant that the Participant has a right to a period of ar least thirty (30) days after receiving the notice to consider the decision of whether or not to elect a distribution (and, if applicable, a particu- lar distribution option); and (iii) the Participant, after receiving the notice, affirmatively elects a distribution. NotWithstanding the foregoing, only the Participant need consent to the commencement of a distriburion in the form of the Qualified Joint and Survivot Annuity while the Account balance is immediately distributable. (Furthermore, if payment in the fotm of a Qualified Joint and Survivor Annuity is not required with respect to the Participant pursuant to secrion 12.02 of the Plan, only the Participant need consent ro the distribution of an Account balance that is immediately distributable.) Neither the consent of the Participant nor the Participant's Spouse shall be required for any form of distribution ro the extent that a distribution is required to satisfY section 401 (a)(9) or 415 of the Code. In addition, upon termination of this Plan if the Plan does not offer an annuity option (purchased from a commercial provider) and if the Employer does not maintain another defined contribution plan, the Participant's Account balance will, without the Participant's consent, be distributed to the Participant. An Account balance is immediately distributable if any part of the Account balance could be distribured ro the Partici- pant (or Surviving Spouse) before the Participant attains or would have attained (if not deceased) the later of Normal Retirement Age or age sixty-tWo (62). For purposes of determining the applicability of the fore.going consent requirements to distributions made before the first day of the first plan year beginning after December 31, 1988, the Participant's vested Account balance shall not include amounts attributable to accumulated deductible employee contributions within the meaning of section 72(0)(5)(B) of the Code. 9.03 Transfer to Another Plan. (a) If a Participant becomes eligible to participate in another plan maintained by the Employer that is quali- fied under section 40 I (a) of the Code, the Plan Administrator shall, at the writren election of such Participant, transfer all ot part of such Participant's Account to such plan, provided the plan administra- ror for such plan certifies to the Plan Administrator that its plan provides for the acceptance of such a transfer. For purposes of this Plan, any such ttansfer shall not be considered a distribution to the Partici- pant subject to spousal consent as described in Secrion 9.02 and Article XII. MPP 10/25/00 (~) ., .L (b) Notwithstanding any provision of the Plan to the contrary that would otherwise limit a Distributee's election under this Section, a Distributee may elect, at the time and in the manner prescribed by rhe Plan Administrator, to have any portion of an Eligible Rollover Distribution paid directly to an Eligible Retirement Plan specified by the Disrributee in a Direcr Rollover. For putpOSes of this Plan, any such Eligible Rollover Distribution shall be considered a distribution to the Participant subject to spousal consent as described in Secrion 9.02 and Article XII. (c) Definitions. For the purposes of Subsection (b), the following definirions shall apply: (I) Eligible Rollover Distribution. Any disrribution of all or any portion of the balance to the credit of the Distributee, except that an Eligible Rollover Distribution does not include: any distribution rhar is one of a series of subsranrially equal periodic payments (nor less frequently rhan annually) made for rhe life or life expecrancy of rhe Disrributee or rhe joint lives or joint life expecrancies of the Distriburee and the Distributee's designated beneficiary, or for a specified period of ten years or more; any distriburion to rhe extenr such disrribution is required under secrion 401(a)(9) of rhe Code; rhe porrion of any distriburion thar is nor includible in gross income; and any orher distribution(s) that is reasonably expected to total less than $200 during a year. (2) Eligible Retirement Plan. An individual retirement account described in section 408(a) of rhe Code, an individual retirement annuiry described in section 408(b) of the Code (collectively, an "IRA"), an annuiry plan described in section 403(a) of rhe Code, or a qualified rrust described in section 401(a) of the Code, that accepts the Disrributee's Eligible Rollover Disrribution. How- ever, in the case of an Eligible Rollover Distribution to the Surviving Spouse, an Eligible Retire- ment Plan is an IRA. (3) Distributee. Parricipant; in addition, the Parricipant's surviving spouse and the Participant's spouse who is the alternate payee under a qualified domestic relations order, as defined in section 414(p) of rhe Code, are Distributees with regard to the interest of the spouse or former spouse. (4) Direct Rollover. A payment by the Plan to the Eligible Retirement Plan specified by the Distributee. 9.04 De Minimis Accounts. Notwithstanding the foregoing provisions of this Article, if a Participant terminates service, and the value of his/her Nonforfeitable Interesr in his/her Account is not greater than the dollar limit under secrion 411 (a)(II)(A) of the Code, the Participant's benefit shall be paid (to the extent it constirutes an Eligible Rollover Distribution) in the form of a direct rollover to the Plan Administrator's designated IRA, unless he/she affirmatively elects to receive a cash payment or a Direcr Rollover in accordance with procedures esrablished by the Plan Administrator. For purposes of this Section, if a Parricipant's Nonforfeitable Intetest in his/her Accounr is zero, the Parricipant shall be deemed to have teceived a distribution of such Nonforfeitable Interest in his/her Account. A Participant's Nonforfeitable Interest in his/her Account shall not include accumulated Deductible Employee Contri- butions within the meaning of Section 72(0)(5)(B) of the Code for Plan Years beginning prior to January I, 1989. 9.05 Withdrawal of Voluntary Contributions. A Parricipant may make a written election, or if married, a Quali- fied Election, to withdraw a parr of or the full amount of his/her Voluntary Contribution Account. Such withdtawals may be made at any time, provided that no more than two (2) such withdrawals may be made during any calendar year. No forfeiture will occur solely as the result of any such withdrawal. 9.06 Withdrawal of Deductible Employee Contributions. A Participant may make a written election, or if married, a Qualified Election, to withdraw a parr of or the full amount of his/her Deductible Employee Contribution Account. Such withdrawals may be made at any time, provided that no more than two (2) such withdrawals may be made during any calendar year. No forfeirure will occur solely as the result of any such withdrawal. MPP 10/25/00 8»(34) ~ 9.07 Latest Commencement of Benefits. Notwithstanding anything to the contrary in this Article, benefits shall begin no later than the Participant's Required Beginning Date, as defined under Section 10.06, or as otherwise pro- vided in Section 10.05. x. DISTRIBUTION REQUIREMENTS 10.01 General Rules. (a) Subject ro the provisions of Article XII, the requirements of this Article shall apply to any distribution of a Participant's interest and will take precedence over any inconsistent provisions of this Plan. (b) All distributions required under this Article shall be determined and made in accordance with the pro- posed regulations under secrion 401 (a)(9) of the Code, including the minimum distribution incidental benefit requirement of section 1.401 (a)(9)-2 of the proposed regulations. 10.02 Required Beginning Date. The entire Nonforfeitable Interest of a Participant must be distributed or begin to be disrributed no later rhan rhe Patticipant's Required Beginning Date. 10.03 Limits on Distribution Periods. As of the first Distribution Calendar Year, distributions, if not made in a single-sum, may only be made over one of the following periods (or a combination thereof): (a) The life of the Participant, (b) The life of the Participant and a Designated Beneficiary, (c) A period certain not extending beyond the Life Expectaney of the Participant, or (d) A period certain not extending beyond the Joint and Last Survivor Expectancy of the Participant and a Designated Beneficiary. 10.04 Determination of Amonnt to Be Distributed Each Year. If the Participant's Nonforfeitable Interest is to be distributed in other rhan a single sum, rhe following minimum distribution rules shall apply on or afrer the Required Beginning Date: (a) Individual Account. (1) If a Participant's Benefit is to be distributed over (i) a period not extending beyond the Life Expectancy of the Participant or the Joint Life and Last Survivor Expectancy of the Participant and the Participant's Designateà Beneficiary, or (ii) a period not extending beyond the Life Expectancy of the Designated Beneficiary, the amount required to be disrributed for each calen- dar year, beginning with distributions for the first Distribution Calendar Year, must at least equal the quotient obtained by dividing the Participant's Benefit by rhe Applicable Life Expectancy. (2) For calendar years beginning before January 1, 1989, if the Participant's spouse is not the Desig- nated Beneficiary, the method of distribution selected must assure that at least fifty percent (50%) of the present value of the amount available for distribution is paid within rhe Life Ex- pectancy of the Participant. (3) For calendar years beginning after December 31, 1988, the amount ro be distributed each year, beginning with distributions for the first Distribution Calendar Year shall not be less than the quotient obtained by dividing the Participant's Benefit by the lesser of (i) the Applicable Life MPP 10/25/00 ~(35) ,~ Expectancy, or (ii) if the Participant's spouse is not the Designated Beneficiaty, the applicable divisor determined from the table set forth in Q&A-4 of section 1.401 (a)(9)-2 of the proposed regulations. Distributions after the death of the Participant shall be distributed using the Appli- cable Life Expectancy in Subsection (1) as the televant divisor without regard ro Proposed Regu- lations section 1.401 (a)(9)-2'- (4) The minimum distribution required for the Participant's first Distribution Calendar Year must be made on Ot before the Participant's Required Beginning Date. The minimum distribution for other calendar years, including the minimum distribution for the Distribution Calendar Year in which the Employee's required beginning date occurs, muSt be made on or before December 31 of that Distribution Calendar Year. (b) Other forms. If the Participant's Benefit is disttibuted in the form of an annuiry purchased from an insutance company, distributions thereunder shall be made in accordance with the requirements of section 401 (a)(9) of the Code and the proposed regulations thereunder. 10.05 Death Distribution Provisions. Upon the death of the Participant, the following distribution provisions shall take effect: (a) If the Participant dies after distribution of his/her interest has commenced, the remaining portion of such interesr will conrinue to be distributed ar least as rapidly as under the merhod of distribution being used prior to the Participant's death. (b) If rhe Participant dies before distribution of his/her inrerest commences, the Participant's enrire interesr will be distributed no later rhan December 31 of the calendar year conraining the fifth (5th) anniversary of the Participant's death except to the extent that an election is made to receive distributions in accord- ance with (1) or (2) below: (1) If any portion of the Participant's interest is payable to a Designated Beneficiary, distriburions may be made over the life or over a petiod certain not greater than the Life Expectancy of the Designated Beneficiary commencing on or before December 31 of the calendar year immediately following the calendar year in which the Participant died; (2) If the Designated Beneficiary is the Participanr's surviving spouse, the date diStributions are required to begin in accordance with Subsection (1) shall not be earlier than the later of (i) December 31 of the calendar year immediately following the calendar year in which the Pattici- pant died, and (ii) December 31 of the calendar year in which the Participant would have at- tained age sevenry and one-half (70-112). If the Participant has not made an electìõn pursuant to this Subsection by the time of his/her death, the Participant's Designated Beneficiary must elect the method of distribution no later than the earlier of (i) December 31 of the calendar year in which distributions would be required to begin under this Section, or (ii) December 31 of the calendar year which conrains the fifth (5th) anniversary of the date of death of the Patticipanr. If the Participant has no Designated Beneficiary, or if the Designated Beneficiary does not elect a method of distribution, distribution of the Patticipanr's enrire interest must be completed by December 31 of the calendar year conraining the fifth (5th) anniversary of rhe Patticipanr's death. (c) For purposes of Subsection (b), if the surviving spouse dies after the Patticipanr, but before paymenrs to such spouse begin, the provisions of Subsection (b), with the exception of paragraph (2) therein, shall be applied as if the surviving spouse were the Patticipanr. MPp 10/25/00 ,. L 3G:.) (d) For purposes of this Section, any amount paid to a child of the Participant will be treated as if it had been paid to the surviving spouse if the amount becomes payable to the surviving spouse when the child reaches the age of majority. (e) For the purposes of this Section, distribUtio~ of a Participant's intetest is considered to begin on the Participant's Required Beginning Date (or, if Subsection (c) is applicable, the date distribution is required to begin to the surviving spouse pursuant to Subsection (b)). If distribUtion in the form of an annuity ir- revocably commences to the participant before the Required Beginning Date, the date distribution is considered to begin is the date distribUtion actually commences. 10.06 Definitions. For the purposes of this Section, the following definitions shall apply: (a) Applicable Lift Expectancy. The Life Expectancy (or Joint and Last Survivor Expectancy) calculated using the attained age of the Participant (Ot Designated Beneficiary) as of the Participant's (or Designated Beneficiary's) birthday in the applicable calendar year reduced by one (1) fot each calendar year which has elapsed since the date Life Expectancy was first calculated. If Life Expectancy is being recalculated, the Applicable Life Expectancy shall be the Life Expectancy as so recalculated. The applicable calendar year shall be the first DistribUtion Calendar Year, and if Life Expectancy is being recalculated such succeeding calendar year. (b) Designated Beneficiary. The individual who is designated as the Beneficiary under the Plan in accordance with section 40 I (a)(9) of the Code and the proposed regulations thereunder. (c) Distribution Calendar Year- A calendar year for which a minimum distribution is required. For distribu- tions beginning before the Participant's death, the first DistribUtion Calendar Year is the calendar year immediately preceding the calendar year which contains the Participant's Required Beginning Date. For distributions beginning after the Participant's death, the first Distribution Calendar Year is the calendar year in which distributions ate required to begin pursuant to Section 10.05 above. (d) Lift Expectancy. The Life Expectancy and joint and last survivor expectancy, respectively, as computed by use of the expected return multiples in Tables V and VI of section 1.72-9 of the income tax regulations. Unless otherwise elected by the Participant (or spouse, in the case of distributions described in Section 10.05(b)(2) above) by the time distributions are required to begin, Life Expecrancies shall be recalculated annually. Such election shall be irrevocable as to the Participant (or spouse) and shall apply to all subsequent years. The Life Expectancy of a nonspouse Beneficiary may not be recalculated. (e) Participants Benefit. (I) The Account balance as of the last Accounting Date in the calendar year immediately preceding the Distribution Calendar Year (vafuation calendar year) increased by the amount of any contri- butions or forfeitures allocated to the Account balance as of dates in the valuation calendar year after such Accounting Date and decreased by distributions made in the valuation calendar year after such Accounting Date. (2) For purposes of paragraph (1) above, if any portion of the minimum distribution for the first Distribution Calendar Year is made in the second Distribution Calendar Year on or before the Required Beginning Date, the amount of the minimum distribUtion made in the second Distri- bution Calendar Year shall be treated as if it had been made in the immediately preceding Distribution Calendar Year. MPP 10/25/00 (37) t ì , j ,. ~ (0 Required Beginning Date. The Required Beginning Dare of a Parricipanr is rhe firsr day of April of rhe calendar year following the calendar year in which the Parricipanr attains age seventy and one-half (70-1/ 2), Ot such later date as permitted under this Section or section 401 (a)(9) of the Code. XI. MODES OF DISTRIBUTION OF BENEFITS 11.01 Norma! Mode of Distribution. Unless an elective mode of distribution is elected in accordance with Article XII, benefits shall be paid to the Participant in the form provided for in Article XII. 11.02 Elective Mode of Distribution. Subject to the requirements of Articles X and XII, a Participant may revocably elect to have his/her Account distribured in anyone (I) of the following modes in lieu of the mode described in Section 11.01: (a) Equal Payments. Equal monthly, quarterly, semi-annual, or annual payments in an amount chosen by the Participanr continuing until the Account is exhausted. (b Lump Sum. A lump sum payment- (c) Period Certain. Approximately equal monthly, quarterly, semi-annual, or annual payments, calculated to conrinue for a period certain chosen by the Participant. (d) Other. Any other sequence of payments requested by the Participant. 11.03 Election of Mode. Except as otherwise provided in Section I2_04(a), a Participant's elecrion of a payment option musr be made in writing between thirty (30) and ninety (90) days before the payment of benefits is to com- mence. 11.04 Death Benefits. Subject to Articles X and XII, (a) In the case of a Participant who dies before he/she has begun receiving benefit payments, the Participant's entire Nonforfeitable Interest shall then be payable to his/her Beneficiary within ninety (90) days of the Participant's death. A Beneficiary who is entitled to receive benefits under this Section may elect to have benefits commence at a later date, subject ro the provisions of Secrion 10.05. The Beneficiary may elect to receive the death benefit in any of the forms available to the Participant under Section 11.02. If the Beneficiary is the Participant's Surviving Spouse, and such Surviving Spouse dies before payment com- mences, then this Section shall apply ro the beneficiary of the Surviving Spouse as though such Surviving Spouse were the Participanr. (b) Should the Participant die after he/she has begun receiving benefit payments, the Beneficiary shall receive the remaining benefits, if any, that ate payable, under the payment schedule elected by the Participant. Notwithstanding the foregoing, rhe Beneficiary may elect to accelerate payments of the remaining bal- ances, including but not limited to, a lump sum distribution. XII. SPOUSAL BENEFIT REQUIREMENTS 12.01 Application. The provisions of this Article shall take precedence over any conflicting provision in this Plan. The provisions of this Article shall apply to any Participant who is credited with any Period of Service with the Em- ployer on or after August 23, 1984, and such other Participants as provided in Section 12.05. i- MPP 10/25/00 ,-:313) 12.02 Qualified Joint and Survivor Annuity. Unless an optional form of benefir is selected pursuant to a Qualified Election within rhe ninety (90) day period ending on the Annuity Statting Date, a married Patticipanr's Vesred Account Balance will be paid in the form of a Qualified Joint and Survivor Annuity and an unmarried Patticipanr's Vested Account Balance will be paid in the form of a Straight Life Annuity. The Patticipant may elecr to have such annuity distributed upon the attainment of the Earliest Retirement Age under the Plan. 12.03 Qualified Preretirement Survivor Annuity. If a Patticipant dies before the Annuity Statting Date, then fifty percent (50%) of the Patticipanr's Vested Account Balance shall be applied toward the purchase of an annuity for the life of the Surviving Spouse; the remaining pottion shall be paid to such Beneficiaries (which may include such Spouse) designated by the Patticipant. Notwithstanding the foregoing, the Patticipant may waive the spousal annuity by designating a different Beneficiary within the Election Period pursuant to a Qualified Election. To the extent that less than one hundred percent (100%) of the vested Account balance is paid to the Surviving Spouse, the amount of the Patticipanr's Account derived from Employee contribUtions will be allocated to the Surviving Spouse in the same propottion as the amount of the Patticipanr's Account derived from Employee contribUtions is to the Patticipant's tOtal Vested Account Balance. The Surviving Spouse may elect to have such annuity distributed within a reasonable period after the Patticipanr's death. Futther, such Spouse may elect to receive any death benefir payable to him/her hereunder in any of the forms available to the Patticipant under Section 11.02. 12.04 Notice Requirements. (a) In rhe case of a Qualified Joint and Survivor Annuity as described in Section 12.02, the Plan Admin- istrator shall, no less than thirty (30) days and no more than ninety (90) days prior to rhe Annuiry Statting Date, provide each Patticipant a written explanation of: (i) the terms and conditions of a Qualified Joint and Survivor Annuity; (ii) the Patticipant' s right to make and the effect of an elecrion to waive the Qualified Joint and Survivor Annuity form of benefit; (iii) the rights of a Patticipant's Spouse; and (iv) the right to make, and the effect of, a revocation of a previous election to waive the Qualified Joint and Survivor Annuiry. However, if the Patticipant. after having received the written explanation, affirmatively elects a form of distribution and the Spouse consents to that form of distribUtion (if neces- sary), benefit payments may commence less than 30 days after the written explanation was provided ro the Patticipant, provided that the following requirements are met: (I) The Plan Administrator provides information to the Participant clearly indicating that the Patticipant has a right to at least 30 days to consider whether ro waive the Qualified Joint and Survivor Annuity and consent to a form of distribution other than a Qualified Joint and Survivor Annuity; (2) The Patticipant is permitred to revoke an affirmative distribution election at least until the Annuiry Statting Date, or if later, at any time prior to the expiration of the 7 -day period that begins the day after the explanation of the Qualified Joint and Survivor Annuity is provided to the Patticipant; (3) The Annuiry Statting Date is after the date that the explanation of the Qualified Joint and Survivor Annuiry is provided to the Patticipant; and (4) Distribution in accordance with the affirmative election does not commence before the expira- . tion of the 7 -day period that begins after the day after the explanation of the Qualified Joint and { Survivor Annuity is provided ro the Patticipant. (b) In rhe case of a qualified preretirement survivor annuity as described in Section 12.03, the Plan Adminis- tratOt shall provide each Patticipant within the applicable period for such Patticipant a written explana- tion of the qualified pre-retirement survivor annuity in such terms and in such manner as would be MPP 10/25/00 (?A) compatable to the explanation ptovided fot meeting the tequitements of Subsection (a) applicable to a Qualified Joint and Survivor Annuiry. The applicable period for a Participant is whichever of the following periods ends last: (1) the petiod beginning with the first day of the Plan Year in which the Participant attains age thirty-two (32) and ending with the close of the Plan Yeat pteceding the Plan Yeat in which the Participant attains age thitty- five (35); (ii) a reasonable period ending after the individual becomes a Participant; (iii) a reasonable period ending after Subsection (c) ceases to apply to the Participant; (iv) a reasonable period ending after this Article first applies to the Participant. Notwithstanding the foregoing, notice must be provided within a reasonable period ending after separation from service in the case of a Participant who separates from service before attaining age thirty-five (35). For purposes of applying the preceding paragraph, a reasonable period ending after the enumetated events described in (ii), (iii) and (iv) is the end of the two (2) year period beginning one (I) year prior to the date the applicable event occurs, and ending one (I) year after thar dare. In the case of a Participant who separates from service before the Plan Year in which age thirty-five (35) is attained, notice shall be provided within the two (2) year period beginning one (I) year ptior to separation and ending one (I) year after separation. If such a Participant thereafter rerurns to employment with the Employer, the ap- plicable period for such Participant shall be redetermined. (c) Notwithstanding the other requirements of this Section, the respective notices prescribed by this Section need not be given to a Participant if (I) the Plan "fully subsidizes" the costs of a Qualified Joint and Survivor Annuity or qualified preretirement survivor annuiry, and (2) the Plan does not allow the Pattici- pant to waive the Qualified Joint and Survivor Annuity or qualified preretirement survivor annuity and does not allow a married Participant to designate a non-Spouse Beneficiary. For purposes of this Subsec- tion (c), a plan fully subsidizes the costs of a benefit if no increase in cost or decrease in benefits to the Participant may result from the Participant's failure to elect another benefit. 12.05 Definitions. For the purposes of this Section, the following definitions shall apply: ~ ',' ,. (a) Annuity Starting Date: The first day of the first period for which an amount is paid as an annuiry or any other form. (b) Election Period: The period which begins on the first day of the Plan Year in which the Participant attains age thirty-five (35) and ends on the date of the Participant's death. If a Participant separates from service prior to the first day of the Plan Year in which age thirty-five (35) is attained, with respect to the Account balance as of the date of separation, the Election Period shall begin on the date of separation. Pre-age thirty-five (35) waiver. A Participant who will not yet attain age thirry-five (35) as of the end of any current Plan Year may make a speciatQualified Election to waive the qualified preretirement survivor annuity for the period beginning on the date of such election and ending on the first day of the Plan Year in which the Participant will attain age thirty-five (35). Such election shall not be valid unless the Partici- pant receives a written explanation of the qualified preretirement survivor annuity in such rerms as are comparable to the explanation required under Section 13.04(a). Qualified preretirement survivor an- nuiry coverage will be automatically reinstated as of the first day of the Plan Year in which the Participant attains age thirry-five (35). Any new waiver on or after such date shall be subject to the full requirements of this Article. (c) Earliest Retirement Age: The earliest date on which, under the Plan, the Participant could elect to receive retirement benefits. MPP 10/25/00 (LfO) (d) Qualified Election: A waiver of a Qualified Joint and Survivor Annuity or a qualified preretirement survivor annuity, Any waiver of a Qualified Joint and Survivor Annuity or a qualified preretirement survivor annuity shall nor be effective unless: (a) the Participant's Spouse consents in writing to the election: (b) the election designates a specific Beneficiaty, including any class of Beneficiaries or any contingent Beneficiaries, which may not be changed without spousal consent (or the Spouse expressly permirs designations by rhe Participant without any further spousal consenr); (c) the Spouse's consent acknowledges the effect of the election; and (d) the Spouse's consent is witnessed by a Plan representative or notary public. Additionally, a Participant's waiver of the Qualified Joint and Survivor Annuity shall not be effective unless the election designates a form of benefit paymenr which may not be changed without spousal consent (or the Spouse expressly permits designarions by the Participant withour any further Spousal consent). If it is established to the satisfaction of a Plan represenrative rhat there is no Spouse or that the Spouse cannot be located, a waiver will be deemed a Qualified Election, MPP 10/25/00 iii ( </1 ) Any consent by a Spouse obtained under this provision (or esrablishmenr that the consenr of a Spouse may not be obtained) shall be effective only with respect to such Spouse. A consent that permits designa- tions by the Participant without any requirement of further consent by such Spouse muSt acknowledge that the Spouse has the right to limit consenr to a specific Beneficiary, and a specific form of benefit where applicable, and that the Spouse volunrarily elects to relinquish either or both of such tights. A revocation of a prior waiver may be made by a Participant without the consent of the Spouse at any time before the commencemenr of benefits. The numbet of revocations shall not be limited. No consenr obtained undet this provision shall be valid unless the Participant has received notice as provided in Sec- tion 12.04. (e) Qualified Joint and Survivor Annuity: An immediate annuiry for the life of the Participanr with a survivor annuity for rhe life of the Spouse which is not less than fifty percent (50%) and not more than one hundred percent (100%) of the amount of the annuity which is payable during the joinr lives of the Participant and the Spouse and which is the amount of benefit which can be purchased with the Partici- pant's Vested Account Balance. The percentage of the survivor annuity shall be fifty percent (50%). (f) Spouse (Surviving Spouse): The Spouse or Surviving Spouse of the Participant, provided that a former Spouse will be treated as the Spouse or Surviving Spouse and a current Spouse will not be treated as the Spouse or Surviving Spouse to the extent provided under a qualified domestic relations order as described in section 414(p) of the Code. (g) Straight Lift Annuity: An annuity payable in equal installments for the life of the Participant that termi- nates upon the Participants death, (h) Vested Account Balance: The aggregate value of the Participant's vested Accounr balances derived from Employer and Employee contributions (including rollovers), whether vested before or upon death, including the proceeds of insurance contracts, if any, on the Participant's life. The provisions of this Article shall apply to a Participant who is veSted in amounts attributable to Employer Contributions, Employee contributions (or both) at the time of death or distriburion, 12.06 Annuity Contracts. Where benefits are to be paid in the form of a life annuity pursuant to the terms of this Article, a nontransferable annuity contract shall be purchased from a life insurance company and distribured to the Participant or Surviving Spouse, as applicable. The terms of any annuity contract purchased and distributed by the Plan shall comply with the requirements of this Plan and section 417 of the Code, XIII. LOANS TO PARTICIPANTS 13.01 Availability of Loans to Participants. (a) If the Employer has elected in the Adoption Agreement to make loans available to Participants, a Partici- pant may apply for a loan from the Plan subject to the limitations and other provisions of this Article. (b) The Employet shall establish written gui_delines governing the granting of loans, provided that such guidelines are approved by the Plan Administrator and are not inconsiStent with rhe provisions of this Article, and that loans are made available ro all Participants on a reasonably equivalent basis. 13.02 Terms and Conditions of Loans to Participants. Any loan by rhe Plan ro a Participant under Secrion 13.01 of rhe Plan shall sarisf)- the following requirements: (a) Availability. Loans shall be made available ro all Participants on a reasonably equivalent basis. (b) Nondiscrimination. Loans shall not be made to highly compensated Employees in an amount grearer than the amount made available to other Employees. (c) IntereSt Rate. Loans muSt be adequately secured and bear a reasonable intereSt rare. (d) Loan Limit. No Participant loan shall exceed the present value of the Participant's Nonforfeitable Interest in his/her Account. (e) Spousal Consent. A Participant must obtain the consent of his/her Spouse, as defined under Section 12.05 if any, within the ninety (90) day period before the time the Account balance is used as security for the loan. Spousal consent shall be obtained no earlier than the beginning of the ninety (90) day period that ends on the date on which the loan is to be so secured. The consent muSt be in writing, muSt acknowledge the effecr of the loan, and musr be witnessed by a Plan representative or notary public. Such consent shall thereaner be binding with respect to the consenting Spouse or any subsequent Spouse with tespect to that loan. A new consent shall be required if the Account balance is used for renegotiation, extension, renewal, or other revision of the loan. (f) Foreclosure. In the event of default, foreclosure on the note and attachment of securiry will not occur until a distributable event occurs in the Plan. (g) Reduction of Account. If a valid spousal consent has been obtained in accordance with Subsection (e), then, notwithstanding any other provision of this Plan, the pottion of the Participant's veSted Account balance used as a security intereSt held by the Plan by teason of a loan outStanding to the Patticipant shall be taken into account for purposes of determining rhe amount of the Account balance payable ar the time of death or distribution, but only if the reduction is used as repayment of the loan. If less than one hundred percent (100%) of the Patticipant's nonforfeitable Account balance (determined without regard to the preceding sentence) is payable to the surviving spouse, then the Account balance shall be adjuSted by first reducing the nonforfeitable Accou;;-t balance by the amount of the security used as repayment of the loan, and then determining the benefit payable to the surviving spouse. (h) Amount of Loan. At the time the loan is made, the principal amount of the loan plus the outStanding balance (principal plus accrued intereSt) due on any other outstanding loans to the Participant or Benefi- ciary from the Plan and from all other plans of the Employer that are qualified employer plans under section 72(p)(4) of the Code shall not exceed the least of: (I) $50,000, reduced by the excess (if any) of (a) The highest outstanding balance of loans from the Plan during the one (1) year period ending on the day before the dare on which the loan is made, over MPp 10/25/00 If;(tJ-Z) (b) The outstanding balance ofloans from the Plan on the date on which such loan is made; Ot (2) The gteatet of (a) $10,000, or (b) One-half (1/2) of the value of the Participant's Nonfotfeitable Intetest in all of his/her Accounts under this Plan. For the purpose of the above limitation, all loans from all qualified employer plans under section n(p)(4) of the Code are aggregated. (i) Application for Loan. The Participant must give the Employer adequate written notice, as determined by the Employer, of the amount and desired time for teceiving a loan. No more than one (I) loan may be made by the Plan to a Participant in any calendat yeat. No loan shall be approved if an existing loan from the Plan to the Participant is in default to any extent. (j) Length of Loan. The terms of any loan issued or tenegotiated after December 31,1993, shall require the Participant to repay the loan in substantially equal installments of principal and intetest, at least monthly, over a period that does not exceed five (5) years from the date of the loan; provided, however, that if the proceeds of the loan are applied by the Participant to acquire any dwelling unit that is to be used within a teasonable time (determined at the time the loan is made) after the loan is made as the ptincipal residence of the Participant, the five (5) year limit shall not apply. In this event, the period of repayment shall not exceed a reasonable period determined by the Employer. Principal installments and interest payments otherwise due may be suspended during an authotized leave of absence, if the promissory note so provides, but not beyond the original term permitted under this Subsection (j), with a tevised payment schedule (within such term) instituted at the end of such period of suspension. ~ (k) Prepayment. The Participant shall be permitted to repay the loan in whole or in part at any time ptior to maturiry, without penalry. (1) Note. The loan shall be evidenced by a promissory note executed by the Participant and delivered to the Employer, and shall bear interest at a reasonable rate determined by the Employer. (m) Securiry. The loan shall be secured by an assignment of that portion the Participant's right, tide and interest in and to his/her Employer Contribution Account (to the extent vested), Participant Conttibu- tion Account, and Portable Benefits Account that is equal to fifry percent (50%) of the Participant's Account (to the extent vested). (n) Assignment ot Pledge. Fot the purposes of paragraphs (h) and (i), assignment or pledge of any portion of the Participant's intetest in the Plan and a loan, pledge, or assignment with respect to any insutance contract purchased under the Plan, will be treated as a loan. .~. , (0) Other Tetms and Conditions. The Employer shall fix such other tetms and conditions of the loan as it deems necessary to comply with legal tequirements, to maintain the qualification of the Plan and Trust under section 401 (a) of the Code, or to prevent the treatment of the loan for tax purposes as a distri- bution to the Participant. The Employet, in its discretion for any reason, may fix othet tetms and condi- tions of the loan, not inconsistent with the provisions of this Article. MPP 10/25/00 C tf~") ~I i I 13.03 Participant Loan Accounts. (a) Upon approval of a loan to a Participant by the Employet, an amount not in excess of the loan shaH be ttansfetted from the Participant's othet investment fund(s), desctibed in Section 6.05 of the Plan, to the Participant's Loan Account as of the Aêcounting Date immediately preceding the agreed upon date on which the loan is to be made. (b) The assets of a Participant's Loan Account may be invested and reinvested only in promissory notes received by the Plan from the Participant as consideration for a loan permitted by Section 13.0 I of the Plan Ot in cash. Uninvested cash balances in a Participant's Loan Account shall not bear interest. No person who is otherwise a fiduciary of the Plan shall be liable for any loss, or by reason of any breach. that tesults from the Participant's exercise of such control. (c) Repayment of principal and payment of intetest shall be made by payroll deduction Ot, whete tepayment cannot be made by payroll deduction, by check, and shall be invested in one (1) Ot more othet invest- ment funds, in accordance with Section 6.05 of the Plan. as of the next Accounting Date aftet payment thereof to the Trust. The amount so invested shall be deducted from the Participant's Loan Account. (d) The Employet shall have the authotity to establish other teasonable rules, not inconsistent with the provisions of the Plan, governing the establishment and maintenance of Participant Loan Accounts. XIV. PLAN AMENDMENT, TERMINATION AND OPTIONAL PROVISIONS 14.01 Amendment by Employer. The Employet teserves the tight, subject to Section 14.02 of the Plan, to amend the Plan from time to time by either: (a) Filing an amended Adoption Agteement to change, delete, Ot add any optional provision, Ot (b) Continuing the Plan in the form of an amended and restated Plan and Ttust. No amendment to the Plan shall be effective to the extent that it has the effect of decreasing a Participant's ac- crued benefit. Norwithstanding the preceding sentence, a Participant's Account balance may be reduced to the extent permitted under section 4 12(c) (8) of the Code. For purposes of this paragraph, a Plan amendment which has the effecr of decreasing a Participant's Account balance or eliminating an oprional form of benefit, with respect to benefits attributable to service before the amendment shall be treated as teducing an accrued benefit. Furthetmote, if the vesting schedule of the Plan is amended, in the case of an Employee who is a Participant as of the latet of the date such amendment is adopted Ot the date it becomes effective, the nonfotfeitable petcentage (detetmined as of such date) of such Employee's tight to hislhet Employet-derived accrued benefit will not be less than his petcëntage computed undet the plan without tegatd to such amend- ment. The Employet may (1) change the choice of options in the Adoption Agteement, (2) add overriding language in the Adoption Agreement when such language is necessary to satisfY sections 415 Ot 416 of the Code because of the required aggtegation of multiple plans, and (3) add certain model amendments published by the Internal Revenue Service. 14.02 Amendment of Vesting Schedule. If the Plan's vesting schedule is amended, Ot the Plan is amended in any way that directly Ot indirectly affects the computation of the Participant's nonforfeitable percentage, each Participant may elect, within a reasonable period after the adoption of the amendment or change, to have the nonforfeitable percentage computed under the Plan without regard to such amendment Ot change. MPp 10/25/00 -tJ (1ft-) The period during which rhe election may be made shall commence with rhe date the amendment is adopted or deemed to be made and shall end on the latest of: (a) Sixty (60) days afrer the amendment is ~dopred; (b) Sixty (60) days after the amendment becomes effective; or (c) Sixty (60) days after the Participant is issued writren notice of the amendment by rhe Employer or Plan Administrator. 14.03 Termination by Employer. The Employer reserves the right to terminate this Plan. However, in the event of such termination no part of the Trust shall be used or diverted to any purpose other rhan for the exclusive benefir of the Participants or their Beneficiaries, except as ptovided in this Section- Upon Plan termination or partial termination, all Account balances shall be valued at rheir fair market value and the Participants right to his/her Employer Contribution Account shall be one hundred percent (100%) vested and nonforfeitable. Such amount and any other amounts held in the Participant's orher Accounts shall be maintained for the Participant until paid pursuant to the terms of the Plan. Any amounts held in a suspense account, after all liabilities of the Plan to Participants and Beneficiaries have been satisfied or provided for, shall be paid to the Employer in accordance with the Code and regulations thereunder. In the event that the Commissioner ofInternal Revenue determines that the Plan is not initially qualified under the Internal Revenue Code, any contribution made by the Employer incident to that initial qualification must be retUrned to the Employer within one year after the dare the initial qualification is denied, bur only if the application for the qualification is made by the rime prescribed by law for filing the Employer's return for the year in which the Plan is adopted, or such later dare as the Secretary of the Treasury may prescribe. 14.04 Discontinuance of Contributions. A permanent discontinuance of contributions to the Plan by the Em- ployer, unless an amended and restated Plan is established, shall constitute a Plan rermination. 14.05 Amendment by Plan Administrator. The Plan Administrator may amend this Plan upon thirty (30) days writ-ten notification to the Employer; provided, however, that any such amendment must be for the express purpose of maintaining compliance with applicable federal laws and regulations of the Internal Revenue Service. Such amend- ment shall become effective unless, within such 30-day period, the Employer notifies the Administrator, in writing, that it disapproves such amendment, in which case such amendment shall not become effective. In the event of such disapproval, the Administrator shall be under no obligation to continue acting as Administrator hereunder. 14.06 Optional Provisions. Any provision which is_optional under this Plan shall become effective if and only if elected by the Employer and agreed to by the Plan Administrator. xv. ADMINISTRATION 15;01 Powers of the Employer. The Employer shall have the following powers and duties: ( ~ ;-.. (a) To appoint and remove, with or without cause, the Plan Administrator; (b) To amend or rerminate the Plan pursuant to the provisions of Article XIV; MPP 10/25/00 1f LK) (c) To appoint a commitree to facilitate administration of the Plan and communications to Participants; (d) To decide all questions of eligibility (I) fot Plan participation, and (2) upon appeal by any Participant, Employee or Beneficiary, for the payment of benefits; (e) To engage an independent qualified public accountant, when required to do so by law, to prepare an- nually the audited financial statements;'f the Plan's operarion; (f) To take all actions and to communicate to the Plan Administrator in writing all necessaty informarion to carry Out the terms of the Plan and Trust; and (g) To notifY the Plan Administrator in writing of rhe tetmination of the Plan. 15.02 Duties of the Plan Administrator. The Plan AdministratOr shall have the following powers and duties: (a) To construe and interpret the provisions of the Plan; (b) To maintain and provide such returns, reports, schedules, descriptions, and individual Account stare- ments, as are required by law within the times prescribed by law; and to furnish to the Employer, upon request, copies of any or all such materials, and further, to make copies of such insrruments, reports, descriptions, and statements as are required by law available for examinarion by Participants and such of their Beneficiaries who are or may be entitled to benefirs under the Plan in such places and in such manner as required by law; (c) To obtain ftOm the Employer such information as shall be necessary for the proper administration of the Plan; (d) To determine the amount, manner, and time of payment of benefits hereunder; (e) To appoint and retain such agents, counsel, and accountants for the putpose of properly administering the Plan; ([) To distribute assets of rhe Trust to each Participant and Beneficiary in accordance with Article X of the Plan; (g) To pay expenses from the Trust pursuant to Section 6.03 of rhe Plan; and (h) To do such orher acts reasonably required to administer the Plan in accordance with its provisions or as may be provided for or required by law. 15.03 Protection of the Employer. The Employer shall not be liable for the acrs or omissions of the Plan Adminis- tratOr, but only to the extent thar such acts or omissio;;s do not result from the Employer's failure to provide accurate or timely information as required or necessary for proper adminisrration of the Plan. 15.04 Protection of the Plan Administrator. The Plan Adminisrraror may rely upon any certificate, notice or direction purporting to have been signed on behalf of the Employer which the Plan Adminisrrator believes to have been signed by a duly designated official of the Employer. 15.05 Resignation or Removal of Plan Administrator. The Plan Adminisrrator may resign at any time effective upon sixty (60) days prior written notice to the Employer. The Plan Administrator may be removed by the Employer 'It any time upon sixty (60) days prior written norice to the Plan AdministratOr. Upon rhe resignation or removal of tbe Plan Administrator, the Employer may appoint a successor Plan AdministratOr; failing such appointment, the ¡'.",ployer shall assume the powers and duties of Plan AdministratOr. Upon the resignation or removal of the Plan .\11'1' 10/25100 . (tftp) Administrator, any Trust assets invested by or held in the name of the Plan Administratot shall be transfetted to the trustee in cash or propetty, at fair market value, except that the return of Trust assets invested in a conttact issued by an insurance company shall be governed by the terms of that conttact. 15.06 No Termination Penalty. The Plan Administtator shall have no authority or discretion to impose any termina- tion penalty upon its removal. 15.07 Decisions of the Plan Administrator. All constructions, detetminations, and interpretations made by the Plan Administraror pursuant to Section 15.02(a) or (d) shall be final and binding on all persons participating in the Plan, given deference in all courts oflaw to the greatest extent allowed by applicable law, and shall not be overturned or set aside by any court oflaw unless found to be arbittary or capricious, or made in bad faith- XVI. MISCELLANEOUS 16.01 Nonguarantee of Employment. Nothing contained in this Plan shall be construed as a contract of employ- ment between the Employet and any Employee, or as a right of an Employee to be continued in the employment of the Employer, as a limitation of the right of the Employer to discharge any of its Employees, with or without cause. 16.02 Rights to Trust Assets. No Employee or Beneficiary shall have any right to, or interest in, any assets of the Trust upon termination of his/her employment or otherwise, except as provided from time to time under this Plan, and then only to the extent of the benefits payable under the Plan to such Employee or Beneficiary out of the assets of the Trust. All payments of benefits as provided for in this Plan shall be made solely our of the assets of the Trust and none of the fiduciaries shall be liable therefor in any manner. 16.03 Nonalienation of Benefits. Except as provided in Section 16.04 of the Plan, benefits payable undet this Plan shall not be subject in any manner to anticipation, alienation, sale, transfer, assignment, pledge, encumbrance, charge, garnishment, execution, or levy of any kind, either voluntary or involuntary, prior to actually being received by the person entitled to the benefit under the terms of the Plan; and any attempt to anticipate, alienate, sell, transfer, assign, pledge, encumber, charge or otherwise dispose of any right to benefits payable hereunder, shall be void. The Trust shall not in any manner be liable for, or subject to, the debts, contracts, liabilities, engagements or torts of any person entitled to benefits hereunder. 16.04 Qualified Domestic Relations Order. Notwithstanding Section 16.03 of the Plan, amounts may be paid with respect to a Participant pursuant to a domestic relations order, bur if and only if the order is determined to be a qualified domestic relations order within the meaning of section 414(p) of the Code or any domestic relations order entered before January 1,1985. 16.05 Nonforfeitability of Benefits. Subject only -to the specific provisions of this Plan, nothing shall be deemed to deprive a Participant of his/her tight to the Nonforfeitable Interest to which he/she becomes entitled in accordance with the provisions of the Plan. 16.06 Incompetency of Payee. In the event any benefit is payable to a minor or incompetent, to a person otherwise under legal disability, or to a person who, in the sole judgment of the Employer, is by reason of advanced age, illness, or othet physical ot mental incapacity incapable of handling the disposition of his/her property, the Employer may apply the whole or any part of such benefit directly to the care, comfort, maintenance, support, educa-tion, or use of such person or payor distribUte the whole or any part of such benefit to: (a) The parent of such person; (',; (b) The guardian, committee, or other legal representative, wherever appointed, of such person; MPP 10/25/00 ,-éLf7 ') (c) The person wirh whom such person resides; (d) Any person having rhe care and conrrol of such person; or (e) Such person personally. The receipr of the person to whom any such paymenr or distribution is so made shall be full and complete discharge therefor. 16.07 Inability to Locate Payee. Anyrhing to the contrary herein norwirhstanding, if the Employet is unable, after reasonable effort, to locate any Participanr or Beneficiary to whom an amOunt is payable hereunder, such amounr shall be forfeited and held in the Trust for application against the next succeeding Employer Contribution or conrributions required to be made hereunder. Norwithstanding the foregoing, however, such amounr shall be reinstated, by means of an additional Employer conrriburion, if and when a claim for the forfeited amounr is subsequently made by the Participant or Beneficiary or if the Employer receives proof of death of such person, satisfactory to the Employer. To the extenr not inconsistenr with applicable law, any benefits lost by reason of escheat under applicable state law shall be considered fO/feited and shall nor be reinstated. 16.08 Mergers, Consolidations, and Transfer of Assets. The Plan shall not be merged infO or consolidated with any other plan, nor shall any of its assets or liabilities be transferred info any such other plan, unless each Parricipanr in the Plan would (if the Plan then terminated) receive a benefit immediately after the merger, consolidation, or transfer that is equal to or greater than the benefit helshe would have been enrided to receive immediately before the merger, consolidation, Ot transfer (if the Plan had then terminated). 16.09 Employer Records. Records of rhe Employer as to an Employee's or Participant's Period of Service, termina- tion of service and the reason therefor, leaves of absence, reemploymenr, Earnings, and Compensation will be conclu- sive on all persons, unless determined to be incorrect- 16.10 Gender and Number. The masculine pronoun, whenever used herein, shall include the feminine pronoun, and the singular shall include the plural, except where the conrext requires otherwise. 16.11 Applicable Law. The Plan shall be construed under the laws of rhe Srate where rhe Employer is located, except to the ""tent superseded by federal law. The Plan is established with the inrenr that it meets the requiremenrs under the Code. The provisions of this Plan shall be inrerpreted in conformity with these requiremenrs. In the event of any conflict between the Plan and a policy or contract issued hereunder, the Plan provisions shall conrrol; provided, however, no Plan amendmenr shall supersede an exisring policy or conrract unless such amendment is required to mainrain qualification under section 401 (a) and 4I4(d) of the Code. /, MPP 10/25/00 '$( tJc¡ ) i ~ I } ¡ , DECLARATION OF TRUST (4q) "'--,_.,..""",........, DECLARATION OF TRUST This Declararion of Trust (rhe "Group Trusr Agreement') is made as of rhe 19rh day of May, 2001, by VantageTrust Company, which declares itself to be rhe sole Trusree of rhe rrust hereby created. WHEREAS, the ICMA Retirement Trust was creared as a vehicle for rhe commingling of the assers of governmental plans and governmental units described in Section 818(a)(6) of the Internal Revenue Code of 1986, as amended, pursuant to a Declaration of Trust dated acrober 4, 1982, as subsequently amended, a copy of which is attached hereto and incotporared by reference as ser out below (the "ICMA Declaration"); and WHEREAS, the trust created hereunder (the "Group Trust") is intended to meet the requirements of Revenue Ruling 81-100,1981-1 CB. 326, and is established as a common trust fund within the meaning of Section 391:1 of Title 35 of the New Hampshire Revised Statutes Annotated, to accept and hold for investment purposes the assets of the Deferred Compensation and Qualified Plans held by and rhrough the ICMA Retirement Trust. NOW, THEREFORE, the Group Trust is creared by the execurion of this Declaration of Trust by the Trusree and is established wirh respect to each Deferred Compensation and Qualified Plan by the transfer to the Trustee of such Plan's assets in the ICMA Retirement Trust, by the Trustees thereof, in accord with the following provisions: 1. Incorporation ofICMA Declaration by Reference; ICMA By-Laws. Excepr as otherwise provided in this Group Trust Agreement, and to the extent not inconsistent herewith, all provisions of the ICMA Declaration are incorporared herein by reference and made a part hereof, to be read by substituting the Group Trust for rhe Retirement Trust and the Trustee for the Board of Trustees referenced rherein. In this respect, unless the context clearly indicares orherwise, all capitalized rerms used herein and defined in the lCMA Declaration have the meanings assigned to them in the ICMA Declaration. In addition, the By- Laws of the ICMA Retirement Trust, as the same may be amended from time-to-time, are adopted as the By-Laws of the Group Trust to the extent not inconsistent with the rerms of this Group Trust Agreement. Notwithstanding the foregoing, the rerms of the ICMA Declaration and By-Laws are futther modified with respect to the Group Trust created hereunder, as follows: (a) any reporting, distribution, or other obligation of the Group Trust vis-à-vis any Deferred Compensation Plan, Qualified Plan, Public Employer, Public Employer Trustee, or Employer Trust shall be deemed satisfied to the extent that such obligarion is undertaken by the ICMA Retirement Trust (in which case the obligation of the Group Trust shall run to the ICMA Retirement Trust); and (b) all provisions dealing with the number, qualification, election, rerm and nomination of Trustees shall not apply, and all other provisions relating to trustees (including, but not limited to, resignation and removal) shall be interpreted in a manner consistent with the appointment of a single corporate trustee. 2. Compliance with Revenue Procedure 81-100. The requirements of Revenue Procedure 81-100 are applicable to the Group Trust as follows: (a) Pursuant to the terms of this Group Trust Agreement and Article X of the By-Laws, invest- ment in the Group Trust is limired to assets of Deferred Compensation and Qualified Plans, investing through the ICMA Retirement Trust. ( 5tÞ) '--.-.-""""------' (b) Pursuanr to tbe By-Laws, the Group Trust is adopted as a part of each Qualified Plan that invests herein rbrough the ICMA Retirement TruSt. (c) In accord witb tbe By-Laws, tbat parr of the Group Trust's corpus or income which equitably belongs to any Deferted Compensation and Qualified Plan may not be used for or diverted to any purposes orber rhan for rbe exclusive benefit of the Plan's employees or their benefici- aries who are entitled to benefits under such Plan. (d) In accord with the By-Laws, no Deferred Compensation Plan or Qualified Plan may assign any or parr of its equity or interest in the Group Trust, and any purported assignment of such equity or interest shall be void, 3, Governing Law. Except as otherwise required by federal, state Ot local law, this Declatarion of Trust (including the ICMA Declaration to the extent incorporated herein) and the Group Trust created hereun- der shall be construed and determined in accordance with applicable laws of the State of New Hampshire. 4, Judicial Proceedings. The Trustee may at any time initiate an action or proceeding in the appropriate srate or federal courts within or outside the state of New Hampshire for the serdement of its accounts Ot for the determination of any question of construction which may arise or for instructions. IN WITNESS WHEREOF, the Trustee has executed this Declaration of Trust as of the day and year first above written, VANTAGETRUST COMPANY ¡£{ IcJ,J2¥ By: Name: Paul F. Gallagher Tide: Assistant Secrerary ( 51) - MEETING DATE: February 5, 2002 ITEM# :IL:- q J --------------------..------------------------------------------------------- ------------------ -- - ------------------------------------------ -------------------------------------------------- CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: 457 Deferred Compensation Plan Changes CATEGORY: BUDGET IMPACT: 0 CONSENT IZI RESOLUTION 0 CITY COUNCIL BUSINESS 0 ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $0_00 $0.00 $0.00 ATTACHMENTS: Memo to FinancelEconomic Development/Regional Affairs Committee, including draft resolution, summary of changes, and reyised ICMA Retirement Corporation 457 Plan and Trust Document. SUMMARYIBACKGROUND: A number of changes to the laws goyerning Section 457 Deferred Compensation Plans became effective on January 1,2002. The attached resolution adopts a revised ICMA Retirement Corporation 457 Plan and Trust Document which implements those changes. The resolution was revised following the FEDRAC meeting to reflect the January 1,2002 effectiye date in accordance with the changes in the Internal Reyenue Code. CITY COUNCIL COMMITTEE RECOMMENDATION: Moye to full Council to adopt attached draft resolution which implements changes in the laws for 457 plans effectiye January 1,2002, and replaces Resolution 90-28 establishing a deferred compensation plan for the City and Resolution 97-241 amending the plan PROPOSED MOTION: "I move approyal of the attached draft resolution which implements changes in the laws for 457 plans effectiye January I, 2002, and replaces Resolution 90-28 establishing a deferred compensation plan for the City and Resolution 97-241 amending the plan." -~~;~~:~~~~-~;;~~~:;------~,------- --- (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) ....----------------------....-..--------- -------....---------------------- COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLEDIDEFERREDINO ACTION 0 MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # REVISEO - 05/1 0/2001 City of Federal Way MEMORANDUM Date: January 15,2002 To: Finance, Economic Development and Regional Affairs Committee Dayid M~Manager Mary McDougal, Human Resources Manager ~ Via: From: Subject: 457 Deferred Compensation Plan Changes Background: A number of changes to the laws governing Section 457 deferred compensation plan changes were recently passed as part ofthe Economic Growth and Tax Relief Reconciliation Act of200l (EGTRRA). These changes are related to contribution provisions, portability provisions, and distribution provisions. Examples of key changes include an increase in the contribution limit to $11,000 in 2002, the "catch up" limit is raised to twice the limit in effect for normal contributions, a new age 50 catch up provision is added, portability of retirment assets between retirement plans and govemmental457 plans and traditional IRAs is allowed, and there is more flexibility in taking distributions ITom the plan An oyerview of the changes and the reyised plan and trust document are attached for your review. In most cases, these provisions become effective on January 1,2002. The City has reviewed the new ICMA Retirement Corporation 457 deferred compensation plan document, which includes language implementing the changes in the law. The City Attorney's Office has reviewed the changes to determine whether any state or local laws or regulations must be amended before the changes to the 457 plan become effective, and have concluded that none.are necessary. Therefore, the City Council may take action to implement 457 law changes. Attached is a draft resolution for your consideration. Committee Action Recommended The Finance, Economic Development and Regional Affairs Council Committee moves to full Council to adopt the attached resolution which implements changes in the laws for 457 deferred compensation plans effective January I, 2002, and replaces Resolution 90- 28 establishing a deferred compensation plan for the City and Resolution 97-241 amending the City's deferred compensation plan. E DRAFT l(¿bJo ~ RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THE CITY'S DEFERRED COMPENSATION PLAN (AMENDS NO.90-28 and 97-241) - NAME OF EMPLOYER: CITY OF FEDERAL WAY, WASHINGTON EMPLOYER PLAN NUMBER: 3350 WHEREAS, the City of Federal Way ("City") has employees rendering valuable services; and WHEREAS, pursuant to Resolution No. 90-28 amended by Resolution No. 97-241 the City Council established a deferred compensation plan for such employees that serves the interest of the City by enabling it to provide reasonable retirement security for its employees, by providing increased flexibility in its personnel managem~nt system, and by assisting in the attraction and retention of competent personnel; and WHEREAS, the City has determined that the continuance of the deferred compensation plan will serve these objectives; and WHEREAS, amendments to the Internal Revenue Code have been enacted that require changes to the structure of and allow enhancements of the benefits of the deferred compensation plan; Res. #-----' Page 1 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Section 1- Plan Form. The City hereby amends and restates the deferred compensation plan (the "Plan") in the form of the ICMA Retirement Corporation Deferred Compensation Plan and Trust, a copy of which is attached hereto and incorporated herein by this reference- Section 2. Plan Assets- The assets of the Plan shall be held in trust, with the City serving as trustee, for the exclusive benefit of the Plan participants and their beneficiaries, and the assets shall not be diverted to any other purpose- The Trustee's beneficial ownership of Plan assets held in the ICMA Retirement Trust shall be held for the further exclusive benefit of the Plan participants and their beneficiaries- Section 3. Plan Loans. The Plan will not permit loans- Section 4. Plan Trustee. The City hereby agrees to serve as Trustee under the Plan. Section 5. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or Res. #-----' Page 2 constitutionality of any other section, sentence, clause or phrase of this resolution- Section 6- Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 7. Effective Date. In accordance with the changes in the Internal Revenue Code, this resolution shall be effective January 1, 2002. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this ------ day of , 2002. CITY OF FEDERAL WAY JEANNE A. BURBIDGE, MAYOR ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, BOB C. STERBANK Res. #-----' Page 3 FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. K, \Resolution\DeferredCMP2002\2002 - 005 Res. #_' Page 4 ATTACHMENT A: OVERVIEW OF EGTRRA 457 LAW CHANGES Note: All provisions are effective January 1, 2002, unless otherwise noted. ..' Attachment A As your 457 deferred compensation plan provider, ICMA-RC will take care of most addiriona! administrative tasks associated with the law changes. Our Employer Services Unit is available at 1-800-326-7272 to answer your questions. Plan Conrribution ¡ Limits Conrributions under a 457 plan are limired to the lesser of (I) 331/3 percent of taxable com- pensation afrer reduction for 457 deferrals (or 25 percent of taxable com- pensation before 457 deferrals) or (2) $8,500 (indexed). I'l ~ Contribution Provisions Effective January I, 2002, the 457 plan conrribution limit will be raised substan- rially. The new limit will be rhelesserof(I) 100 percent of raxable compensation after reduction for 457 deferrals deferrals (or 50 percent of taxable compensation before 457 deferrals) or (2) a dollar amount in effect that year. The dollar limit will be increased as follows: Year Contribution Limit 2002 2003 2004 2005 2006 $11,000 $12,000 $ 13,000 $14,000 $15,000 Article 5.01 The ICMA-RC document allows contributions to the fullest extent allowed under the new law. Allows parricipants to save additional funds for retire- ment. Revision of the petcentage limit helps lower- compensated employees save more for retirement. Indexing the 457 dollar limit in $500 increments may result in an increase nearly every year. Conforms the maximum contribution limir for 457 plans to the elective deferral limit for 40 I (k) and 403(b) plans, putring public sector employees on a par wirh privare and education secror employees. i Payroll sYStems may have to be I modified to: . Adjust the dollar amount of rhe contribution limit each year for purposes of tracking when employees have contributed the maximum amount intO the 457 plan. . Increase rhe percentage limit ro 100 percent of net taxable compensation in testing parameters. In other words, the percentage should be applied to taxable compensation after the reduction for 457 deferrals. This means that 457 contribu- tions (Form W-2, Box 12, "Code G") should not exceed taxable wages (Form W-2, Box I). ATTACHMENT A (continued): OVERVIEW OF EGTRRA 457 LAW CHANGES Note: All provisions are effective January 1, 2002, unless otherwise noted. As your 457 deferred compensation plan provider, lCMA-RC will rake care of most additional administrative tasks associated with the law changes. Our EmpJoyer Services Unit is avai1able ar 1-800-326-7272 ro answer your questions. "Existing" or "Pre- retirement" Carch-Up Provision r'\ ~ "New" Age 50 Carch-Up Provi- sion Employees wirhin three years of Normal Rerire- ment Age may make (Oral contributions of up to $15,000. No provision. Contribution Provisions (cont.) The catch-up limit is raised to twice the limit in effect for normal contributions (e.g., $22,000 for 2002). Participants age 50 and older may make additional, annual carch-up contribu- rions up to a specified dollar limit. The dollar limit will increase as follows: I I Year 2002 2003 2004 2005 2006 Contribution Limir $1,000 $2,000 $3,000 $4,000 $5,000 I Indexed in $500 increments I I afrer 2006. I I I Anicle 5.02(b) The ICMA-RC document allows these carch-up contributions to the fullest extent allowed under the new law. Article 5.02(a) The ICMA-RC document allows age 50 carch-up contribu- tions to the fullest exrent allowed under rhe new law. AJlows participants close ro rerirement to save addi- rional funds for rerirement by increasing rhe amount of carch-up contriburions rhar can be made. Allows parricipanŒ who could not saw in ",lier)'OlIS as well as parucipanŒ "TIO have nor IOCused on me amown of retirement savings mey need wuil mey n", ""irement, ro "make np tor losrtime". ParucipanŒ age 50 or older who have nor ì"' reached me point oilJeing wiminmœe)'=ofNonn,il RerirementAgecan use chis "ncw" wch-up provision onril mey reach marpoinr. WMnmeyreach me rhree- year mark, mey can begin using the more generous "pre-reorement" Qtch- 01' provISIon. No.. Adjust the dollar amount of the ouch-up limir each year for pwposes of tracking when eroployees using the carch-up pro,ision have contributed the maximum amount into the 457 plan. Given the faa that a pamcipant's ability to contribute based on "unused defemls" v.iU increase, mon; "ous ma" h,,< to be œsearched to ¡denriiY ~ore unused deferrals (to the extenr this ";isunce is ptO~ded to parciÓpanrs). Adjust payroll sysrems to track age 50 catch-up contriburions to facilirare contribution limir resting. v ¡uawtpenv ATTACHMENT A (continued): OVERVIEW OF EGTRRA 457 LAW CHANGES Note: All provisions are effective January 1, 2002, unless otherwise noted. " '-,",' Attachment A As your 457 deferred compensation plan provider, ICMA-RC will take care of most additional administrative tasks associated with the law changes, Our Employer Setvices Unit is available at 1-800-326-7272 ro answer your questions. Issue Old Law C:oordioatioo Rcquircl1lcl1ls -----., ..a '--' i C:olltributions to a 401(k) I or 4ü.)(bi plan reduce I dollar-fo,-dollar the amount ¡ of' contributions the I panicipant can make TO a I 457 plan (and vice vcrsa). I -;;::~,O:Rfu r No 0;;-';"" Note, Tim I provision is eiknive 111/03, if ! implcmemcd by the employer ",,<uP Contribution Provisions (cont.) The coordination require- ment is repealed. Allows employer ro permir participams ro contribute to a Traditional or Roth IRA that is a "Sidecar" ro the 457 plan. C:ontribotiuns TO the Sidecar IRA do not impacr the limits on 457 plan comributions. IRA limitS apply to Sidecar IRA contributions. Article 5.03 The coordination require- mem has been eliminated from the IC:MA-RC model document. Article G.13 The ICMA-RC model document includes a Sidecar IRA provisiun. However, adoption of the model document does not mean the employer is choosing to implement a Sidecar IRA feature. (See "Employer Administrative Acrions" column.) Additional information will be provided prior to 2003 regarding this fearure. I I>ut-pose Allow individuals panicipat- ing in a 457 plan TO also panicipate fully in a secrion 403(b) andlor seer ion 40 I (k) plan, and pmcntially nuke the maximum contribmion to each plan. Provision provides employers an attractive employee benefit that could enhance the employer's ability to recruit and retain qualified personnel. Allows participants to make contributions to the 457 plan and an IRA in a more efficient manner (i.e., via payroll deduction to one ptovider). IRA and 457 plan information may be combined on one easy-to- read ""tement. Familiar funds will be available for inveStment. Employer Administrative Actions Remove any payroll sYStem ,estrictions ",Of employees who contribute to both a 457 plan anJ a 401(k) or 403(b) plan. Determine wherher Sidecar IRA will be made available W employees. Again, this pwvisionwill be elfecrive on january 1, 2003. Note: The Sidecar IRA provisions are included in the ICMA-RC 457 model plan document so that employeß who adopt the model document will be adopting the Sidecar IRA provisions. However, despite the fact thar you adopt (he Sidecar IRA provisions, if you do nor wish w make this feature available W your employees, I'OU do !]Q! have ro implement them. ICMA-RC will provide in/orma- tion during 2002 thar will help you decide ¡whether W implement this provision. If (he Sidecar provision is implemented, make necessary changes W payroll systems and ptocedutes, collect Sidecar IRA contributions horn paychecks, and remit (0 ICMA-RC ATTACHMENT A (continued) : OVERVIEW OF EGTRRA 457 LAW CHANGES Note: All provisions are effective January 1, 2002, unless otherwise noted. As your 457 deferred compensation plan provider, ICMA-RC will take care of mosr addirionaI adminisrrarive rasks associared with rhe law changes. Our Employer Services Unir is available ar 1-800-326-7272 ro answer your quesrions. Tax Credit for Low- and Middle-lnmme Savers No<c:The IaXcc,dit is available frum 2002 - 2006, .--, 04 ~ Rollove" OUt of 457 Plans Into Various 'Iypes of Plam Rollovers Into 457 Plans From Various Types of Plans No provision. Amounts paid from a 457 plan may not be rolled into a Traditional IRA or other typè of retiremern plan. They may only be trans- fCrred to anorher 457 plan. Amounts paid from a401 or 403(b) pIon may only be rolled "" ru the "me rype of plan DC a TraditiunallRA, i Amoonts be wiled 0'"' fwm IRA (other than a "condoit" IRA) to any type of employer plao, Contribution Provisions (cont.) A tax credit of as much as $1.000 will be provided to qualifYing low- and middle-income savers who make salary reduction contributions to retirement plans such as 457 plans, Not Applicable. (No plan amendment is required,) Portability Provisions Allows portability of retirement asse~ between (to and &om) retirement plans (401,403(b), governmenral457 plans :md 'IraditionallRM, Participan~ may roll 457 assets to another plan or 'l[;¡ditionallIVl when they are eligible to rake a disrr:;'ution &001 the 457 plan (generally upon separation from service), and only if the distribu- tion is an "eligible roUover distribution" (ERD). Allows portability of retirement assets between (ro and from) retirement plans (401, 403(b), governmental 457 plans and Traditional lRAs), Article 6.10 The ICMA-RC model document allows untesrricred rollovers Oll! of the 457 plan into another plan or Tradi- tional IRA. Article 6.10 and 6.12 The ICMA-RC model document allows rollovers inro the 457 plan fwm all plan types and Traditional IRAs, Pwvision provides an incen- tive for qualifYing low- to middle-income individuals to contribute to retirement plans soch as 457 plans. Expanding the wllover options for individuals in employer-sponsored retire- ment plans and IRA ownns provides them (1) the opportunity to consolidate retirement savings and (2) further incentives for accumulating funds on a tax- deferred basis for ['etiremenr. Provision provides employers an amactiveplan btuIe that allows retiremem asset consolidacion and mold enhance the employer's abilin' to recruit and retain qualified personnel, Also, allowing rollovers inw a plan cooldhdp olfset rollovers OUt thus beneficing the plan nom an econo.ruc pe~pecuve, ÉmpÌ~yer ~ti~ ' Actions' ' No plan amendment is required. Provide information ro employ- ees regarding the availability of the credit. Note: the IRS has released a sample document that may be used lor this purpose. Approve rollover requests. Provide educational materials to participants and new hires regarding the benefits of rolling assets between plans, ICMA- RC will assist you in chis regard. Approve rollover requestS, Prmide educational materials to panicipantS and new hires regarding the benefitS of rolling assetS into a 45ì plan. lC~L\-RC will assist you in this negard, ICMA-RC will handle the majority of the admillisrracion associated "ith rollovers inro your 457 plan. 'tI Juaw4~en'tl ATTACHMENT A (continued) : OVERVIEW OF EGTRRA 457 LAW CHANGES Note: All ptovisions are effective January 1, 2002, unless otherwise noted. Attachment A As your 457 deferred compensation plan provider, ICMA-RC will take care of most additional administrative tasks associated with the law changes. Our Employer Services Unit is available at 1-800-326-7272 to answer your questions. Purchase at Snvice Credits in C;overnmenraJ Ddined Bendir Plans ,.--.., ~ Expamion of Spoud Rollovers Amounts under 457 plans cannot be transterred or used to purchase scrvice credits under defined benefit pension plam. Unlike surviving spouses at 401 plan participants, surviving spouses of de- ceased 457 plan participants may nor roll distributions into any other retirement plan or IRA. Portability Provisions (cont.) Allows participants ro transfer 457 assers, on a pre-tax basis, (() purchase service credirs in a defined benefit pension plan or ro repay rhe defined benefit pension plan a prior refund ot I employee contributions. Allows surviving spouses to roll over distributions from the plan in which the deceased spouse partici- pared ro a 401, 403(b) or 457 plan in which the surviving spouse partiLi- p,nes. Distributions may .11so be rolled into a TradirionallRA. I I I Norc; the I beneht pCllsion document or lappenl""'" ""n", may "'It ,me "l1le,',ndmcn,t W ,re"pt transfers from 45ì piJns bet",e such a tr,ms", can he nude, , . .~---- I 'Expanded rollov,er opl,ion,' I A' PI' ",we iniri',! d,ist,riburion places the survmng spot"e on requests. In order (() ensure that a par with the pmicip,rnr. ! distributions ,Ire nude only [Q I survis lng spouses who are eligible I for disbursement, lCMA-RC will continue to requesr rhar em plovers approve initial distriburion I requeStS from the surviving spouse. However, ro minimize employer administration, lCMA-RC will not request employer approvals of subsequem distribution requests from surviving spouses, Article 6.1 1 The lCMA-RC model docoment allows participants to transter assets ro a dellned benefit plan ,IS long as the defined benefit plan will .>cccpr rbe transfer. Article 6.10 The ICMA-RC model document allows surviv- ing spouses rbe same flexibility as participants with respect to rollovers. Many employees work f'>r mulriple "ate at local govern- ment employers during therr weers. Gives participants the flexibility to use all or a portion of their 457 account balances to increase their bencht under their ddined benefir pension plan. Availahility ot this t",r II rs' encouroge to C< ure more ro plans, Determine whether defined bendir pension plan permirs the use at 457 assers to purchase service credirs or the repaymem at a prior refund ot employee contributions. Approve participant transfer requests. lCMA-RC will provide materi- als to accomplish rhese transfers. ATTACHMENT A (continued): OVERVIEW OF EGTRRA 457 LAW CHANGES Note: All provisions are effective January 1, 2002, unless otherwise noted. As your 457 deferred compensation plan provider, lCMA-RC will take care of most addirional adminiStrative tasks associated with the law changes. Our Employer Services Unit is available at 1-800-326-7272 to answer your quesrions. More Flexible 457 DiStribution Rules ,.-.., Õ '-/ 457 plan assers are taxable when paid or "made available" ro the participant. 457 diStribution niles are restrictive. Fat cxample, participants must elect a beginning paymenr datc within a limited period atter leaving employmenr. In addition. once distributions begin, payment schedules may not be changed. Distributions musr generally be made at leasr annually in "subStantially nonincreasing amounts." The "made available" rules no longer apply to 457 plans. It is hoped rhar regularions wilJ be issucd by the U.S. Deparrment at Trcasury by rhe end ot rhe year thar wilJ provide guidance on how much additional flexibility rhis law change wilJ provide ro 457 participants. However, ir appears thar 457 plan participants will have the same flexibility as parrici- pants under orher plans such as 401(k) plans. This means participants would be able ro srop and restarr rheir payments as well as ro increase and decrease rhem. Arricles 7.01 and 7.02 The ICMA-RC model documenr alJows parricipanrs total flexibility with respect to . naming or revising payment I datcs and schedules. I The GO-day and "substantialJy non increasing amounts" provisions have been elimi- nared. ICMA-RC will respecr exisring beginning payment dares for participants rhar named their dare priot to January I, 2002, or rhat have been defaulred ro an age-G5 payment dare under the old law However, these participants wilJ be able ro modify rheir dates at sched- ules. Participants who do nor choose a specific payment schedule will be defaulred to a payment schedule ot$]OO per year, until age 70 1/2, at which time the Minimum Required Distribu- tion rules will be followed. The rules for timing at raxarion of benefirs are conformed ro rhe rules tor 40] plans, appearing to give 457 participants rhe same level nt Hexibility in planning the riming and amount at distributions as 401 parrici- pants currcntly enjoy. Ir appeats rhar beginning payment da¡e elecrions and payment schedules will no longer be irrevocable. This provision negares the need tor participants ro seleer a beginning payment date withio GO days at sepatation trom service. In tacr, it is ICMA-RC's intetpretarion rhat such restrictions are no longer acceptable. Provide educarional marerial to plan participants abour the tax implications of distributions from [he 457 pldn. Noti~' existing rerirees of the availability of the new flexibilrty. ICMA-RC wll1 provide ""isrance in [hlS tegard. Approve mitial dimibution requests. In order ro ensure tbat disrribu- tions are made only to participants who are eligible fat disbursement, ICr'vIA-RC will continue ro request thar employers approve inirial distribUtion requesrs trom rerminated participants. For rhe same teason. employer signatUres will connnue ro be requested for all in-service requests [i.e. emergency withdtawal and inactive ("small balance account" or "de minimis") accounr distributions] as well. However, ro mimmizc emplo)" admmistrannn, ICMA-RC will not require emp!om '¡Pprosals of subsequenr distrlbunon "quem tram terminated employees. .~w.u, . Attachment A ATTACHMENT A (continued) : OVERVIEW OF EGTRRA 457 LAW CHANGES Note: All provisions are effective January 1, 2002, unless otherwise noted. As your 457 deferred compensation plan providet, ICMA-RC will take cate of most additional adminiStrative tasks associated with the law changes. Our Employet Services Unit is available at 1-800-326-7272 ro answet your questions. Simplificarion of 457 Disrribution Requirements ..--, -3 Revision of Minimum Distri- bution Rules 457 plans are subjecr to various distribUtion rules regarding when and how benefirs musr be paid, in addirion to rhe standard minimum distribution rules (see Revision of Minimum Distriburion Rules below). DistribUtions musr generally be made ar leasr annually, in "subsrantially non increasing amounts." 457 plan participants musr begin distriburing benefirs no later rhan April] ofrhe calendar year following rhe year in which rhe participant retires or reaches age 701/2. Distribution Provisions (cont.) The additional distribUtion rules rhar apply to 457 plans are eliminared, including rhe " subsrantially nonincreasing" rule. The Treasury is direcred ro revise rhe life expecrancy rabIes used ro derermine minimum required distribu- rions ro reflecr current life expectancies. Articles 7.02 and 7.03 See More Flexible DistribUtion Rules above. Articles 7.04 and 7.05 ICMA-RC will use the new life expectancy table for Minimum Distribu- rions made afrer rhe release dares of rhe new rabies. ICMA-RC has also revised irs beneficiary payment rules in accordance wirh proposed Minimum Required Disrriburion regularions currently pending. 457 participants can now revise rheir payment schedules to meer their changing needs (see also More Flexible DiStribution Rules above). See More Flexible DiStri. burion Rules above. 457 plans are now subject to rhe same minimum diStribution rules applica- ble to 40 I plans (see Revision of Minimum DiStribution Rules below). This places 457 participants on a par wirh 401 participants. The distriburions a participant is required to rake after reaching age 70 1/2 will be reduced in mosr cases, more accurately reflecring increased life expecrancies. None anticipared. ATTACHMENT A (continued): OVERVIEW OF EGTRRA 457 lAW CHANGES Note: All provisions are effective January I, 2002, unless otherwise noted. As your 457 deferred compensation plan provider, ICMA-RC will take care of mosr addirional administrative tasks associated with the law changes. Our Employer Services Unit is available at 1-800-326-7272 to answer your questions. Withholding and Reporting of 457 Distributions .......... ¡:; '--' Division of 457 Benefits Upon Divorce In general, distributions from 457 plans are treated as W-2 wages and reported as such. Participants specifY with- holding instrucrions on a Form W-4. Current law does not address the tax treatment of distribu- tions made pursuant ro a Domestic Relations Order (ORa); i.e. how benefits under 457 plans are taxed upon divorce. Rulings generally provide that the participant is taxed on the "alternate payee's" distribUtion. 457 payments ro an ex-spouse as a result of a divorce may not be made before the participant is entitled ro a distribUtion (i.e. before the participant separates from service). Distribution Provisions (cont.) 457 distributions will be subject ro the same withhold- ing and reporting rules to which 40 I plans are subject. Distributions will be reponed on a 1 099-R instead of a W-2. Eligible rollover distributions that are not tolled over will be subject ro mandatory 20 percent income tax withhold- ing and withholding on non- eligible rollover distributions will be done as direcred by the participant on a Fotm W-4P. The (ules which currently apply ro 401 plan Qualified Domestic Relations Otders (QDROs) will apply to 457 DROs. This will allow distribution to be made to the ex-spouse or other payee prior to the time the participant is entitled to a disrributioo. In addition, tbe ex-spouse will pay tax on the distribution. Nore that these new rules will not apply to DROs issued prior to January 1,2001. unless the domestic telations order is amended. ICMA- RC will make sample amendment language available at a later dare. Nor applicable. (No plan amendment required.) Article 9.02 ICMA-RC will follow the new rules for domestic relations orders issued after December 31. 2001. Orders already in place prior ro January 1,2002 will continue to be administered under the terms of the order, unless the order is amended. Tax reporting and withhold- ing for all retirement plans will be consistent. Due ro the portability provisions of the new law, this will alleviate the confusion that might have existed for employers. participants, and adminima- tors if the rules were differem for differem plans. Places participants and "alternate payees" of both 40] and 457 plans on a level playing field in divorce situations. EmpJoyéi ~ve . No employer action antici- pated. ICMA-RC will obtain appropriate tax withholding instructions from partici- pants, and make the necessary changes ro its annual tax reporting systems. If applicable, modifY model Domestic Relations Order language and other marerials to reflect the new law. V ¡uaW40env ---. - Attachment A ATTACHMENT A (continued): OVERVIEW OF EGTRRA 457 LAW CHANGES Note: All provisions are effective January 1, 2002, unless otherwise noted. As your 457 deferred compensation plan provider, ICMA-RC will take care of most additional administrative tasks associated with the law changes. Our Employer Services Unit is available at 1-800'326-7272 ro answer your questions. Auwm"ic Rollo,", of Mandatoey Dc MinmÚs Dimihu. Note, me((i" upon issucmee of eeguLl. eions. which ace to he is",cd than 6/7/114. ........... ð Notc It srill muS[ be definitelv detennio,d whethec this provision applies w governm,oul457 I'Ll",. Rollovets Disre. gorded fat Purposes of Small Balance I"DeMinimis") Accounrs Relaxation 01 "Same Desk Role" 457 plans may automatically mh out panicipanrs with accounr baLln'" of $5,000 at less, as long as the account h" heen ino((ive for 2 vears. The plan is nor cequieed W roll over such amounrs to anuth" rerieemenr sa"usgs vehide. 457 plaos may auwmarically cash our paniÔpants with account balances of$5,000 at less, as long as rhe account has been inaerive for 2 years. All amounts, including rollins are raken inw accounr in determining the $5,000 limit. An employee who transfers employment w another employer bur continues ro work " rhe same job kg" an independent governmental agency is absorbed by a Counry) is not considered w have "separated from service" and therefote, is nor eligible for a dimibution from a 457 plan. Distribution Provisions (cont.) Plans providing for mandatory cashours will be required ro transter soch dimiburions ro an IRA or orher rerirement vehide, unless rhe participant atTtrmatively clem urh"wise. Applies only ro distribUtions between $ I ,01111 ,nd $5,000. Wrir"n noriee muse he provided ro rhe pacricipaur regarding rhis requirement, as well as norification thar the distribution may be rransferred wirhour case ro another IRA. Rollover5 may be disregarded in derermining wherher rhe $5,000 limir is exceeded. The "same desk rule" is eliminated for 457 plans. The requirement for dimiburion becomes "severance feom employ. ment" rather rhan "separarion from service". Article 7.07 The ICMA.RC model document provides for mandatory cash oUts ofarcuunrsnflessrhan$I,OOO. Accounts berween $] ,000 and $5,000 will remain on rhe plan unril rhe ¡mricipanr requescs a distriburion. No ,uromatic ,nllnverroanlRAwilibe required. ICMA.RC will proacrively notify parricipaurs wirh small balances of rheir withdrawal options. Article 7.07 ICMA.RC will nor disregard rollovers. rhe entire account balance will be rakeo inro cunsiderarion in determining wherher an account is de minimis. Article 2.20 The ICMA.RC model document allows disrributions ro be made upon "severance from employment" Requiring mandarms cashours of small accounrs bend,rs your plan's econnmics. None anricipared. None anticipared. Parocipanrs rhar cease for rhe emp!uy" thar rhe457 plan, even working fnr a "pmre. perhaps relared emplovn nuv rakeadistrihuoonfromthm45' account" Inng as th", mouor is nut rransrerred ro a successor 457 plan. Knne anricipared. - --._---._-~-_.-.' Deferred CoDlpensation Plan PLAN &: TRUST DOCUMENT ~ ICMA RETIREMENT CORPORATION The public service Vantagepoint@since 1972 [ Itf ) ,j 'I 'J ,á ¡~ I )~i ',~: ".' ~;~ ,/ .,', ¿' ',~" ",~~ "/ÞJ ',(I, ";, : ' 1 ~' h DEFERRED COMPENSATION PLAN & TRUST As Amended and Restated Effective January 1, 2001 Article I. Purpose The Employer hereby establishes the Employer's Deferred Compensation Plan and Trust, hereafter referred to as the "Plan." The Plan consists of the ptovisions set forth in this document- The primary purpose of this Plan is to proyide retirement income and other deferred benefits to the Employ- ees of the Employer and the Employees' Beneficiaries in accordance with the proyisions of Section 457 of the Internal Revenue Code of 1986, as amended (the "Code"). This Plan shall be an agreement solely between the Employer and participating Employees. The Plan and Trust forming a part hereof are established and shall be maintained for the exclusiye benefit of Participants and their Beneficiaries. No parr of the corpus or income of the Trust shall revert to the Employer or be used for or diyerted to purposes other than the exclusiye benefit of Participants and their Beneficiaries. Article II. Definitions 2.01 Account: The bookkeeping account maintained for each Participant reflecting the cumulative amount of the Participant's Deferred Compensation, including any income, gains, losses, or increases or decreases in market yalue attributable to the Employer's inyestment of the Participant's Deferred Compensation, and further reflecting any distributions to the Participant or the Participant's Beneficiary and any fees or expenses charged against such Participant's Deferred Compensation, 2.02 Accounting Date: Each business day that the New York Stock Exchange is open for trading, as pro- vided in Section 6,06 for valuing the Trust's assets. 2.03 Administrator: The person or persons named to carry out certain nondiscretionary administratiye functions under the Plan, as hereinafter described. The Employer may remoye any person as Administrator upon 60 days' advance notice in writing to such person, in which case the Employer shall name another person or persons to act as Administrator. The Administrator may resign upon 60 days' adyance notice in writing to the Employer, in which case the Employer shall name another person or persons to act as Admin- istrator. 2.04 Automatic Distribution Date: Prior to January 1, 2002, "Automatic DistribUtion Date" means the 60th day of the calendar year after the Plan Year of the Participant's Retirement or any other date permitted under the regulations promulgated under Code section 457. On and after January I, 2002, "AUtomatic DistribUtion Date" means April 1 of the calendar year after the Plan Year the Participant attains age 70-1/2 or, if later, has a Severance Event. 2.05 Beneficiary-. The person or persons designated by the Participant in his or her Joinder Agreement who shall receive any benefits payable hereunder in the eyent of the Participant's death. In the event that the Participant names two or more Beneficiaries, each Beneficiary shall be entitled to equal shares of the benefits payable at the Participant's death, unless othetwise provided in the Participant's Joinder Agreement. If no beneficiary is designated in the Joinder Agreements if the Designated Beneficiary predeceases the Participant, or if the designated Beneficiary does not surviye the Participant for a period of fifteen (15) days, then the ( 15) estate of the Participant shall be the Beneficiary. If a mattied Participant resides in a community Ot marital pro petty state, the Participant shall be responsible for obtaining appropriate consent of his or her spouse in the event the Participant designates someone orher than his or her spouse as Beneficiary. 2.06 Deferred Compensation: The amount of Notmal Compensation otherwise payable to the Participant which the Participant and the Employer mutually agree to defer hereunder, any amount credited to a Partici- pant's Account by reason of a transfer under Section 6.09, a rolloyer under Section 6.10, or any other amount which the Employer agrees to credit to a Participant's Account. 2.07 Dollar Limitation: The applicable dollar amount within the meaning of Section 457(b)(2)(A) of the Code, as adjusted for the cost-of-living in accordance with Section 457(e)(l5) of the Code. 2.08 Employee: Any indiyidual who proyides services for the Employer, whether as an employee of the Employer or as an independent contractor, and who has been designated by the Employer as eligible to participate in the Plan. 2.09 Employer: , which is a political subdivision, agency or instrumentality of the [State/Commonwealth] of , within the meaning of Section 414(d) of the Code and Section 3(32) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA"). 2.10 457 Catch-Up Dollar Limitation: Prior to January 1, 2002, "457 Catch-Up Dollar Limitation" means $15,000. On and after January I, 2002, "457 Catch-Up Dollar Limitation" means tWice the Dollar Limitation. 2.11 Includible Compensation: The amount of an Employee's compensation from the Employer for a taxable year that is attributable to services performed for the Employer and that is includible in the Employ- ee's gross income for the taxable year for federal income tax purposes as defined in Section 457(e)(5) of the Code; such term does not include any amount excludable from gross income under this Plan or any other plan described in Section 457(b) of the Code or any other amount excludable from gross income for federal income tax purposes. Includible Compensation shall be determined without regard to any community property laws. 2.12 Joinder Agreement: An agreement entered into betWeen an Employee and the Employer, including any amendments or modifications thereof. Such agreement shall fix the amount of Deferred Compensation, specifY a preference among the investment alternatiyes designated by the Employer, designate the Employee's Beneficiary or Beneficiaries, and incorporate the rerms, conditions, and provisions of rhe Plan by reference. 2.13 Normal Compensation: The amount of Compensation which would be payable to a Participant by the Employer for a taxable year if no Joinder Agreement were in effect to defer compensation under this Plan. 2.14 Normal Limitation: The maximum amount of Deferred Compensation for any Participant for any taxable year (other than amounts teferred to in Sections 6.09 and 6.10). 2.15 Normal Retirement Age: Age 70-1/2, unless the Participant has elected an alternate Normal Retire- ment Age by written instrument delivered to the Administrator prior to a Seyerance Event. A Participant's (I~) Normal Retirement Age determines the period during which a Participant may utilize the 457 Catch-Up Dollar Limitation of Section 5.02(b) hereunder. Once a Participant has to any extent utilized the catch-up limitation of Section 5.02(b), his Normal Retirement Age may not be changed. A Participant's alternate Normal Retirement Age may not be earlier than the earliest date that the Participant will become eligible to retire and receive unreduced retirement benefits under the Employet's basic retire- ment plan coyering the Participant and may not be later than the date the Participant will attain age 70-1/2. If a Participant continues employment after attaining age 70-1/2, not haying previously elected alternate Normal Retirement Age, the Participant's alternate Normal Retirement Age shall not be later than the mandatory retirement age, if any, established by the Employer, or the age at which the Participant actUally has a Seyerance Event if the Employer has no mandatory retirement age. If the Participant will not become eligible to receive benefits under a basic retirement plan maintained by the Employer, the Participant's alternate Normal Retirement Age may not be earlier than age 55 and may not be later than age 70-1/2. 2.16 Participant: Any Employee who has joined the Plan pursuant to the requirements of Article Iv. 2.17 Percentage Limitation: Prior to January I, 2002, the Percentage Limitation means 33 1/3 percent of the participant's Includible Compensation for the taxable year, which will ordinarily be equivalent to the lesser of the Dollar Limitation in effect for the taxable year or 25 percent of the Participant's Normal Com- pensation. After December 31, 200 I, the Percentage Limitation means 100 percent of the participant's Includible Compensation for the taxable year, which will ordinarily be equivalent to the lesser of the Dollar Limitation in effect for the taxable year or 50 percent of the Participant's Normal Compensation. 2.18 Plan Year: The calendar year. 2.19 Retirement: The first date upon which both of the following shall have occurred with respect to a participant: Severance Event and attainment of age 65. 2.20 Severance Event: Prior to January I, 2002, severance of the Participant's employment with the Em- ployer that constitutes a "separation from service" within the meaning of Section 402(e)(4)(D)(iii) of the Code. After December 31, 200 1, a Seyerance Event means a severance of the Participant's employment with the Employer within the meaning of Section 457(d)(l)(A)(ii) of the Code. In general, a Participant shall be deemed to haye experienced a Severance Event for purposes of this Plan when, in accordance with the established practices of the Employer, the employment relationship is consid- ered to have actually terminated. In the case of a Participant who is an independent contractor of the Em- ployer, a Seyerance Event shall be deemed to ha;e occurred when the Participant's contract under which services are performed has completely expired and terminated, there is no foreseeable possibiliry that the Employer will renew the contract or enter into a new contract for the Participant's services, and it is not anticipated that the Participant will become an Employee of the Employer, or such other events as may be permitted under the Code. 2.21 Trust: The Trust created under Arricle VI of the Plan which shall consist of all compensation deferred under the Plan, plus any income and gains thereon, less any losses, expenses and distributions to Participants and Beneficiaries. (11) Article III. Administration 3.01 Duties of the Employer: The Employer shall haye the authoriry to make all discretionary decisions affecting the rights or benefits of Participants which may be required in the administration of this Plan. The Employer's decisions shall be afforded the maxim~m deference permitted by applicable law. 3.02 Duties of Administrator: The Administrator, as agent for the Employer, shall perform nondiscretionary administrative functions in connection with the Plan, including the maintenance of Par- ticipants' Accounts, the provision of periodic reports of the status of each Account, and the disbursement of benefits on behalf of the Employer in accordance with the provisions of rhis Plan. Article IV. Participation in the Plan 4.01 Initial Participation: An Employee may become a Participant by entering into a Joinder Agreement prior to rhe beginning of the calendar month in which the Joinder Agreement is to become effective to defer compensation not yet earned, or such other date as may be permitted under the Code. 4.02 Amendment of Joinder Agreement: A Participant may amend an execUted Joinder Agreement to change the amount of Normal Compensation nor yet earned which is to be deferred (including the reduc- tion of such future deferrals to zero). Such amendment shall become effective as of the beginning of the calendar month commencing after the dare the amendment is execUted, or such other date as may be per- mitted under the Code. A Participant may at any time amend his or her Joinder Agreement to change the designated Beneficiary, and such amendment shall become effective immediately. Article V. Limitations on Deferrals 5.01 Normal Limitation: Except as provided in Section 5.02, the maximum amount of Deferred Com- pensation for any Participant for any taxable year, shall not exceed the lesser of the Dollar Limitation or the Percentage Limitation. 5.02 Catch-Up Limitations: (a) . Catch-up ContribUtions for Participants Age 50 and Over: A Participant who has attained the age of 50 before the close of the Plan Year, and with respect to whom no other elective deferrals may be made to the Plan for the Plan Year by reason of the Normal Limitation of Section 5.01, may enter into a Joinder Agreement to make elective deferrals in addition to those permitted by the Normal Limitation in an amount not to exceed the lesser of (I) the applicable dollar amount as defined in Section 4 I 4(v)(2) (B) of thë Code, as adjusted for the cost-of-living in accordance with Section 414(v)(2)(C) of the Code, or (2) the excess (if any) of (i) the Participant's compen- sation (as defined in Section 415(c)(3) of the Code) for the year, over (ii) any other electiye deferrals of the Participant for such year which are made withoUt regard to this Section 5.02(a). An additional contribUtion made pursuant to this Section 5.02(a) shall nor, with respect to the year in which the contribution is made, be subject to any otherwise applicable limitation con- tained in Section 5.01 above, or be taken into account in applying such limitation to other contributions or benefits under the Plan or any other plan. This Section 5.02(a) shall not apply in any year to which Section 5.02(b) applies. The provisions of this Section 5.02(a) of the Plan shall only apply on and after January I, 2002. (Iß) i ~;- .' ,..' ... -J", ..~~ d , ~t ,d':: ,tA; ";¡' "k:t -';i,"" ~ ." (b) Last Three Years Catch-up Contribution: For each of the last three (3) taxable years for a Parrici- pant ending before his or her arrainment of Normal Retirement Age, rhe maximum amount of Deferred Compensarion shall be rhe lesser of: (I) the 457 Catch-Up Dollar Limiration, or (2) the sum of (i) rhe Normal Limiration for the taxable year, and (ii) the Normal Limitation for each prior raxable year of the Participant commencing after 1978 less the amount of the Parrici- pant's Deferred Compensarion for such prior taxable years. A prior taxable year shall be raken into account under rhe preceding sentence only if (x) the Participant was eligible ro parricipare in rhe Plan for such year (or in any orher eligible deferred compensarion plan esrablished under Section 457(b) of rhe Code which is properly taken into account pursuant ro regulations under Section 457), and (y) compensation (if any) deferred under rhe Plan (or such other plan) was subject ro the Normal Limitation. 5.03 Other Plans: Norwithstanding any provision of the Plan to the contrary, rhe amount excludible from a Participant's gross income under this Plan or any other eligible deferred compensation plan under Section 457(b) of the Code shall not exceed the limits ser forth in Sections 457(b) and 414(v) of the Code. Prior ro January 1, 2002, the limits under Section 457(b) of rhe Code described in the first sentence of this Secrion 5.03 shall be further reduced by any amount excluded from gross income under Sections 401 (k), 402(e)(3), 402(h)(I)(B), and 403(b) of the Code, or any amount with respect to which a deduction is allowable by reason of a contribution to an organization described in Section 501(c)(l8) of rhe Code. Article VI. Trust and Investment of Accounts 6.0 I Investment of Deferred Compensation: A Trust is hereby created ro hold all the assets of rhe Plan for the exclusive benefit ofParricipants and Beneficiaries, except that expenses and taxes may be paid from the Trust as provided in Section 6.03. The trustee shall be the Employer or such other person rhat agrees ro act in that capacity hereundet. 6.02 Investment Powers: The trustee or the Adminisrraror, acting as agent for the trustee, shall have the powers listed in this Section with tespect ro invesrment of Trust assers, except ro the extent thar the invest- ment ofT rust assets is directed by Participants, pursuant ro Section 6.05. (a) To invest and reinvest the Trust withoUt distinction betWeen principal and income in common or preferred stocks, shares of regulated inyestment companies and other mutUal funds, bonds, loans, notes, debentures, certificates of deposit, contracts with insurance companies including but not limited to insurance, indiyidual or group annuity, deposit administration, guaranteed interest contracts, and deposits at reasonable-Iates of interest at banking institUtions including bUt not limited to savings accounts and certificares of deposit. Assets of the Trust may be invested in securities that involye a higher degree of risk than inyestments that have demonstrated their investment performance over an extended period of time. (b) To invest and reinvest all or any part of the assets of the Trust in any common, collective or commingled rrust fund that is maintained by a bank or other institution and that is available ro Employee plans described under Sections 457 or 40 I of the Code, or any successor provisions thereto, and during the period of time that an investment through any such medium shall exist, ro the extent of participation of the Plans the declaration of trust of such commonly collective, or commingled trust fund shall constitUte a parr of this Plan. (I~) (c) To inyest and teinyest all or any part of the assets of the Trust in any group annuity, deposit administration or guaranteed interest conttact issued by an insUtance company or other financial institUtion on a commingled or collectiye basis with the assets of any other 457 plan or trust qualified under Section 40 I (a) of the Cod~ or any other plan described in Section 40 I (a)(24) of the Code, and such contract may be held or issued in the name of the Administrator, or such custodian as the Administrator may appoint, as agent and nominee for the Employer. OUting the period that an investment through any such contract shall exist, to the extent of participation of the Plan, the terms and conditions of such contract shall constitUte a part of the Plan. (d) To hold cash awairing investment and to keep such portion of the Trust in cash or cash balances, without liability for interest, in such amounts as may from time to time be deemed to be reason- able and necessary to meet obligations under the Plan or otherwise to be in the best interests of the Plan. (e) To hold, to authorize the holding of, and to register any inyestment to the Trust in the name of the Plan, the Employer, or any nominee or agent of any of the foregoing, including the Adminis- trator, or in bearer form, to deposit or arrange for the deposit of secUtities in a qualified central depository eyen though, when so deposited, such secUtities may be merged and held in bulk in the name of the nominee of such depository with other securities deposited therein by any other person, and to organize corporations or rrusts under the laws of any jUtisdiction for the pUtpose of acquiring or holding title to any property for the Trust, all with or withoUt the addition of words or other action to indicate that property is held in a fiduciary or representatiye capacity but the books and records of the Plan shall at all times show that all such invesrments are part of the Trust. (f) Upon such terms as may be deemed adyisable by the Employer or the Administrator, as the case may be, for the protection of the interests of the Plan or for the preservation of the yalue of an inyestment, to exercise and enforce by suit for legal or equitable remedies or by other action, or to waive any right or claim on behalf of the Plan or any default in any obligation owing to the Plan, to renew, extend the time for payment of, agree to a reduction in the rate of interest on, or agree to any other modificarion or change in the terms of any obligation owing to rhe Plan, to sertle, compromise, adjust, or submit to arbitration any claim or right in fayor of or against the Plans to exercise and enforce any and all rights of foreclosure, bid for property in foreciOSUte, and take a deed in lieu of foreciosUte with or withoUt paying consideration therefor, to commence or defend suits or other legal proceedings when eyer any interest of the Plan requires it, and to represent the Plan in all suits or legal proce<:dings in any court of law or equity or before any body or tribunal. (g) To employ suitable consultants, depositories, agents, and legal counsel on behalf of rhe Plan. (h) To open and maintain any bank account or accounts in the name of the Plan, the Employer, or any nominee or agent of rhe foregoing, including the Administrator, in any bank or banks. (i) To do any and all other acts that may be deemed necessary to carry oUt any of the powers set forth herein. (ZÐ) 6.03 Taxes and Expenses: All taxes of any and all kinds whatsoever that may be levied or assessed under exisring or future laws upon the Plan, or in respect to the Trust, or the income thereof, and all commissions or acquisitions or dispositions of securities and similar expenses of investment and reinvestment of rhe Trust, shall be paid from the Trust. Such reasonable compensaTion of the Administrator, as may be agreed upon from time to time by the Employer and the Administrator, and reimbursement for reasonable expenses incurred by the Adminisrrator in performance of its dUties hereunder (including bur not limited to fees for legal, accounting, inyestment and custOdial services) shall also be paid from the Trust. 6.04 Payment of Benefits: The payment of benefits from the Trust in accordance with the terms of the Plan may be made by the AdministratOr, or by any custOdian or other person so aUthorized by the Employer to make such disbursement. The AdministratOr, custodian or other person shall not be liable with respect to any distribUtion of Trust assers made at the direcTion of the Employer. 6.05 Investment Funds: In accordance with uniform and nondiscriminatory rules established by the Employer and the AdministratOr, the Participant may direct his or her Accounts to be invested in one (I) or more inyestment funds available under the Plan; provided, however, that the Participant's investment direc- Tions shall not violate any investment resrricTions established by the Employer. Neither the Employer, the AdministratOr, nor any other person shall be liable for any losses incurred by virtUe of following such direc- tions or with any reasonable administraTive delay in implementing such direcTions, 6.06 Valuation of Accounts: As of each Accounting Date, the Plan assets held in each investment fund offered shall be valued at fair market value and the investment income and gains or losses for each fund shall be determined. Such inyestment income and gains or losses shall be allocated proportionately among all Account balances on a fund-by-fund basis. The allocaTion shall be in the proportion that each such Account balance as of the immediarely preceding Accounting Date bears to the total of all such Account balances as of that Accounting Date. For purposes of this ArTicle, all Account balances include the Account balances of all Participants and Beneficiaries. 6.07 Participant Loan Accounts: Participant Loan Accounts shall be inyested in accordance with Section 8.03 of the Plan. Such Accounts shall not share in any investment income and gains or losses of the invest- ment funds described in Sections 6.05 and 6.06. 6.08 Crediting of Accounts: The Participant's Account shall reflect the amount and value of the invest- ments or other property obtained by the Employer through the investment of the Participant's Deferred Compensation pursuant to Sections 6.05 and 6.06. It is anticipated that the Employer's investments with respect to a Participant will conform to the inyestment preference specified in the Participant's Joinder Agreement, bUt nothing herein shall be construea to require the Employer to make any particular invest- ment of a Participant's Deferred CompensaTion. Each Participant shall receive periodic reports, not less frequently than annually, showing the then current yalue of his or her Account. 6.09 Transfers: (a) Incoming Transfers: A transfer may be accepted from an eligible deferred compensaTion plan maintained by another employer and credited to a ParTicipant's Account under the Plan if (i) the Participant has had a Severance Event with that employer and become an Employee of the Employer, and (ii) the other employer's plan provides that such transfer will be made. The Employer may require such documentation from the predecessor plan as it deems necessary to effectuate the transfer in accordance with Section 457(e)(l0) of the Code, to confirm that such plan is an eligible deferred compensation plan within the meaning of Section 457(b) of the Cz-r> Code, and to assure that transfers are provided for under such plan. The Employer may refuse to accept a transfer in the fotm of assets othet than cash, unless the Employer and the Administra- tor agree to hold such other assets under the Plan. Any such transferred amount shall ñot be treated as a deferral subject to the limitations of Article V, except that, for purposes of applying the limitations of Sections 5.0 I and 5.02, an amount deferred during any taxable year under the plan from which the transfer is accepted shall be treated as if it has been deferred under this Plan during such taxable year and compensation paid by the transferor employer shall be treated as if it had been paid by the Employer. (b) Outgoing Transfers: An amount may be transferred to an eligible deferred compensation plan maintained by another employer, and charged to a Participant's Account under rhis Plan, if (i) the Participant has a Seyerance Event with the Employer and becomes an employee of the other employer, (ii) the other employer's plan provides that such transfer will be accepted, and (iii) the Participant and the employers have signed such agreemenrs as are necessary to assure that the Employer's liability to pay benefits to the Participant has been discharged and assumed by the other employer. The Employer may require such documentation from the other plan as it deems necessary to effectuate the transfer, to confirm that such plan is an eligible deferred compensation plan within the meaning of Section 457(b) of the Code, and to assure that transfers are proyided for under such plan. Such transfers shall be made only under such circumstances as are permit- ted under Section 457 of the Code and the regulations thereunder. 6.10 Eligible Rollover Distributions: (a) Effectiye Date: This Section 6_10 is effective January I, 2002. (b) Incoming Rollovers: An eligible rollover diStribution may be accepted from an eligible retire- ment plan maintained by another employer and credited to a Participant's Account under the Plan. The Employer may require such documentation from the distributing plan as it deems necessary to effectuate the rollover in accordance with Section 402 of the Code and to confirm that such plan is an eligible retirement plan within the meaning of Section 402(c)(8)(B) of the Code. The Plan shall separately account for eligible rollover distributions from any eligible retirement plan that is not an eligible deferred compensation plan described in Section 457(b) of the Code maintained by an eligible governmental employer described in Section 457(e)(I)(A) of Code. (c) Outgoing Rollovers: Notwithstanding any provision of the Plan to the contrary that would othetwise limit a distributee's election under this Section, a distributee may elect, at the time and in the manner prescribed by the Administrator, to have any portion of an eligible rollover distri- bution paid directly to an eligible retirement plan specified by the distributee in a direct rollO\'er. (d) Definitions: (1) Eligible Rollover DiStribUtion: An eligible rollover distribUtion is any distribution of all or any portion of the balance to the credit of rhe distributee, except that an eligible rollover distribution does not include: any distribution that is one of a series of sub- stantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the eLl.) distributee and rhe distributee's designated beneficiary, or for a specified period of ten years or more; any distribUtion to the exrent such distribUtion is required under Sec- tions 401 (a)(9) and 457(d)(2) of the Code; and any distribution made as a result of an unforeseeable emergency of the employee. For purposes of distributions from other eligible rerirement plans rolled over into this Plan, the term eligible rollover distribu- tion shall not include the portion of any distribUtion that is not includible in gross income (determined withoUt regard to the exclusion for net unrealized appreciation with respect to employer securities). (2) Eligible Retirement Plan: An eligible retirement plan is an individual retirement account described in Section 408(a) of the Code, an indiyidual retirement annuity described in Section 408(b) of the Code, an annuity plan described in Sections 403(a) or 403(b) of the Code, a qualified trust described in Section 401 (a) of the Code, or an eligible deferred compensation plan described in Section 457(b) of the Code which is maintained by an eligible governmental employer described in Section 457(e) (l)(A) of the Code, that accepts the distribUtee's eligible rollover distribution. (3) DistribUtee: A distribUtee includes an employee or former employee- In addition, the employee's or former employee's surviving spouse and the employee's or former em- ployee's spouse or former spouse who is the alternate payee under a qualified domestic relations order, as defined in Section 4l4(p) of the Code, are distributees with regard to the interest of the spouse or former spouse. (4) Direct Rollover: A direct rolloyer is a payment by the plan to the eligible retirement plan specified by the distribUtee. 6.11 Trustee-to-Trustee Transfers to Purchase Permissive Service Credit: Allor a portion of a Partici- pant's Account may be transferred directly to the trustee of a defined benefit governmental plan (as defined in Section 414(d) of the Code) if such transfer is (A) for the purchase of permissive service credit (as defined in Section 4l5(n)(3)(A) of the Code) under such plan, or (B) a repayment to which Section 415 of the Code does not apply by reason of subsection (k)(3) thereof, within the meaning of Section 457(e) (1 7) of the Code. 6.12 Treatment of Distributions of AInounts Previously Rolled Over From 401 (a) and 403(b) Plans and IRAs. For purposes of Section 72( t) of the Code, a distribution from this Plan shall be treated as a distribUtion from a qualified retirement plan described in Section 4974(c)(l) of the Code to the extent that such distribution is attribUtable to an amount transferred to an eligible deferred compensation plan from a qualified retirement plan (as defined in Section 4974(c) of the Code). 6.13 Deemed IRAs: Effective for Plan Years beginning after December 31,2002, the Employer may elect to allow Employees to make voluntaty employee contribUtions to a separate account or annuity established under the Plan that complies with the requirements of Code section 408(q) and any regulations promul- gated thereunder. Such accounts or annuities shall meet the applicable requirements of Code sections 408 or 408A and shall be treated as an individual retirement plan that is not part of the Plan. 6.14 Employer Liability: In no event shall the Employer's liability to pay benefits to a Participant under this Plan exceed the value of the amounts credited to the Participant's Account; neither the Employer nor the Administrator shall be liable for losses arising from depreciation or shrinkage in the value of any invest- ments acquired under this Plan. C 'Z-3) Article VII. Benefits 7.01 Retirement Benefits and Election on Severance Event: (a) General Rule: Except as otherwise provided in this Article VII, the distribution of a Participant's Account shall commence as of a Participant's Auromatic Distribution Date, and the distribution of such benefits shall be made in accordance with one of the payment options described in Section 7.02- Notwithstanding the foregoing, bUt subject ro the following paragraphs of this Section 7.01, the Participant may elect following a Severance Event to have the distribution of benefits commence on a fixed determinable date other than that described in the preceding sentence, but not later than April I of the year following the year of the Participant's Retirement or attainment of age 70-1/2, whichever is later. Prior to January I, 2002, an election made pursuant to the preceding sentence shall not be valid unless such election is made not less than 30 days prior to the date that the distribUtion of a Participant's Account would otherwise com- mence. (b) Additional Delay in DistribUtion: Prior to January I, 2002, the Participant may elect to defer the commencement of distribution of benefits to a fixed determinable date later than the date provided in Section 7.01 (a), bUt not later than April 1 of the year following the year of the Participant's retirement or attainment of age 70 1/2, whichever is later, proyided, howeyer, that (a) such election is made after the 6Ist day following the Participant's Severance Event and before commencement of distribUtions, (b) the Participant may make only one (I) such election, and (c) such election is made not less than 30 days prior to the date the distribution of a Participant's Account would otherwise commence. On or after January 1,2002, the Participant's right to change his or her election with respect to commencement of the distribUtion of benefits shall not be restrained by this Section 7.01. Notwithstanding the foregoing, the Administrator, in order to ensure the orderly administration of this proyision, may establish a deadline after which such election to defer the commencement of distribution of benefits shall not be allowed. (c) Loans: Notwithstanding the foregoing provisions of this Section 7.01, no election to defer the commencement of benefits after a Severance Event shall operate to defer the distribution of any amount in the Participant's Loan Account in the eyent of a default of the Participant's loan. 7.02 Payment Options: k provided in Sections 7.01, 7.04 and 7.05, a Participant may elect to have yalue of the Participant's Account distribUted in accordance with one of the following payment options, provided that such option is consistent with the limi~tions set forth in Section 7.03. (a) Equal monthly, quarterly, semi-annual or annual payments in an amount chosen by the Partici- pant, continuing until his or her Account is exhausted; (b) One lump-sum payment; (c) Approximately equal monthly, quarterly, semi-annual or annual payments, calculated to con- tinue for a period certain chosen by the Participant. (d) Annual Payments equal to the minimum distribUtions required under Section 401 (a) (9) of the Code, including the incidental death benefit requitements of Section 401 (a)(9)(G), oyer the life expectancy of the Participant or over the life expectancies of the Participant and his or her Beneficiary. C 14) ,4 (e) Payments equal to payments made by the issuer of a retirement annuiry policy acquired by the Employet. (f) A split distribution under which payments under options (a), (b), (c) or (e) commence or are made at the same time, as elected by the Participant under Section 7.01, proyided that all payments commence (or are made) by the latest benefit commencement date under Section 7.01. (g) Any other payment option elected by the Participant and agreed to by the Employer and Ad- ministrator. A Participant's selection of a payment option made after December 3 I, 1995, under Subsections (a), (c), or (g) aboye may include the selection of an automatic annual cost-of-living increase. Such increase will be based on the rise in the Consumer Price Index for All Urban Consumers (CPI-U) from the third quarter of the last year in which a cost-of-living increase was proyided to the third quartet of the current year. Any increase will be made in periodic payment checks beginning the following January. If, prior to January I, 2002, a Participant made a timely election of a payment date bur failed to specifY a payment option or failed to make a rimely election of both payment date and option, and as a result, was defaulted to benefit commencement at age 65, or such other date as the Participant may have specified, benefits shall be paid annually in the amount of $100 per year commencing at age 65 or the date specified by the Participant until the Participant reaches age 70- 1/2. When the Participant reaches age 70- 1/2, payments shall be made in accordance with Code section 401 (a) (9) and the regulations thereunder. 7.03 Limitation on Options: No payment option may be selected by a Participant under subsections 7.02(a) or (c) unless the amount of any installment is not less than $100. No payment option may be selected by a Participant under Sections 7.02, 7.04, or 7.05 unless it satisfies the requirements of Sections 401 (a) (9) and 457(d)(2) of the Code, including that payments commencing before the death of the Partici- pant shall satisfY the incidental death benefit requirements under Section 401 (a) (9) (G). 7.04 Post-Retirement Death Benefits: J (a) Should the Participant die after he/she has begun to receive benefits under a payment option, the remaining payments, if any, under the payment option shall continue until the Administrator receiyes notice of the Participant's death. Upon notification of the Participants death, benefits shall be payable to the Participant'sßeneficiary commencing not later than December 3 I of the year following the year of the Participant's death, provided that the Beneficiary may elect to begin benefits earlier than that date. (b) If the Beneficiary has not attained age 80 at the time payments commence, he or she may elect to receive payments in a single lump-sum payment or in equal or approximately equal monthly, quarterly, semi-annual or annual payments continuing over a period not to exceed ten years from the first payment. The Beneficiary also may elect to receive a partial lump-sum payment fol- lowed by monthly, quatterly, semi-annual or annual installments, proyided that all payments are made within a period of ten years from the initial payment. In the event that the Beneficiary is age 80 or over, the remaining balance in the Participant's account will be paid to the Beneficiary in a single lump sum. (~ (c) In the eyent that the Beneficiaty dies befote the payment of death benefits has commenced or been completed, the temaining value of the Participant's Account shall be paid to the estate of the Beneficiary in a lump sum. In the event that the Participant's estate is the Beneficiary, payment shall be made to the estate in a lump sum. 7.05 Pre-Retirement Death Benefits: (a) Should the Participant die before he or she has begun to receive the benefits provided by Section 7.01, the value of the Participant's Account shall be payable to the Beneficiary commencing not later than December 31 of the year following the year of the Participant's death, provided that the Beneficiary may elect to begin benefits earlier than that date. (b) If the Beneficiary has not attained age 80 at the time payments commence, he or she may elect to receive payments in a single lump-sum payment or in equal or approximately equal monthly, quarterly, semi-annual or annual payments continuing over a period not to exceed ten years from the first payment. The Beneficiary also may elect to receive a partial lump-sum payment followed by monthly, quarterly, semi-annual or annual installments, provided rhat all payments are made within a period of ten years from the initial payment. In the eyent that the Beneficiary is age 80 or oyer, the remaining balance in the Participant's account will be paid to the Beneficiary in a single lump sum. (c) In the eyent that the Beneficiary dies before the payment of dearh benefits has commenced Ot been completed, the remaining yalue of the Participant's Account shall be paid to the estate of the Beneficiary in a lump sum. In the event that the Participant's estate is the Beneficiary, payment shall be made to the estate in a lump sum. 7.06 Unforeseeable Emergencies: (a) In the event an unforeseeable emergency occurs, a Participant may apply to the Employer to receiye that part of the value of his or her Account that is reasonably needed to satisfy the emer- gency need. If such an application is approyed by the Employer, the Participant shall be paid only such amount as the Employer deems necessary to meet the emergency need, but payment shall not be made to the extent that the financial hardship may be relieved through cessation of defertal under the Plan, insurance or other reimbursement, or liquidation of other assets to the extent such liquidarion would not itself cause severe financial hardship- (b) An unforeseeable emergency shall be deemed to inyolve only circumstances of severe financial hardship to the Participant resulting from a sudden unexpected illness, accident, or disability of the Participant or of a dependent (as defined in Section 152(a) of the Code) of the Participant, loss of the Participant's property due to casualty, or other similar and extraordinary unforeseeable circumstances arising as a result of events beyond the control of the Participant. The need to send a Participant's child to college or to purchase a new home shall not be considered unforesee- able emergencies. The determination as to whether such an unforeseeable emergency exists shall be based on the merits of each individual case. 7.07 De Minimis Accounts: Notwithstanding the foregoing provisions of this Article, prior to January I, 2002, if the yalue of a Participant's Account does not exceed the dollar limit under Section 411 (a) (1 1) (A) of the Code as described in Section 457(e)(9)(A) of the Code and (a) no amount has been deferred under the c '2f., ) '1 Plan with respect to the Participant during the 2-year period ending on the date of the distribution and (b) there has been no prior distribution under the Plan to the Participant pursuant to this Section 7.07, the Participant may elect to receive or the Employer may involuntarily distribute the Participant's entire Account without the consent of the Participant. Such distribution shall be made in a lump sum. On or after January I, 2002, if the value of a Participant's Account is less than $1,000, the Participant's Account shall be paid to the Participant in a single lump sum distribution, ptovided that (a) no amount has been deferred under the Plan with respect to the Participant during the 2-year period ending on the date of the distribution and (b) there has been no prior distribution under the Plan to the Participant pursuant to this Section 7.07. If the value of the Participant's Account is at least $1,000 but not more than the dollar limit under Code Section 411 (a) (I I)(A) and (a) no amount has been deferred under the Plan with respecr to the Participant during the 2-year period ending on rhe date of the distribution and (b) there has been no prior distribution under the Plan to the Participant pursuant to this Section 7.07, the Participant may elect to receive his or her entire Account. Such distribution shall be made in a lump sum. Article VIII. Loans to Participants 8.01 Availability of Loans to Participants: (a) The Employer may elect to make loans available ro Participants in this Plan. If the Employer has elected to make loans ayailable to Participants, a Participant may apply for a loan from the Plan subject to the limitations and other provisions of this Article. (b) The Employer shall establish written guidelines governing the granting ofloans, provided that such guidelines are approved by the Administrator and are not inconsistent with the proyisions of this Article, and that loans are made ayailable to all Participants on a reasonably equivalent basis. 8.02 Terms and Conditions of Loans to Participants: Any loan by the Plan to a Participant under Section 8.0 I of the Plan shall satisfY the following requirements: (a) Availability. Loans shall be made ayailable to all Participants on a reasonably equiyalent basis. (b) Interest Rate. Loans must be adequately secured and bear a reasonable interest rate. (c) Loan Limit. No Participant loan shall exceed the present value of the Participant's Account. (d) Foreclosure. In the event of default on any installment payment, the outstanding balance of the loan shall be a deemed distribution. In such event, an actual distribution of a plan loan offser amount will not occur until a distributable event occurs in the Plan. (e) Reduction of Account. Notwithstanding any other provision of this Plan, the portion of the Participant's Account balance used as a security interest held by the Plan by reason of a loan outstanding to the Participant shall be taken into account for purposes of determining the amount of the Account balance payable at the time of death or distribution, but only if the reduction is used as repayment of the loan. (Zi) (f) Amount of Loan. At the time the loan is made, the principal amount of the loan plus the out- standing balance (principal plus accrued interest) due on any other outstanding loans to the Participant from the Plan and from all other plans of the Employer that are qualified employer plans under Section 72(p)(4) of the Code shall not exceed the lesser of: (I) $50,000, reduced by the excess (if any) of (a) The highest outstanding balance of loans from the Plan during the one (I) year period ending on the day before the date on which the loan is made, over (b) The outstanding balance ofloans from the Plan on the date on which such loan is made; or (2) One-half of the value of the Participant's interest in all of his or her Accounts under this Plan. (g) Application for Loan. The Participant must give the Employer adequate written notice, as determined by the Employer, of the amount and desired time for receiving a loan. No more than one (I) loan may be made by the Plan to a Participant's in any calendar year. No loan shall be approved if an existing loan from the Plan to the Participant is in default to any extent. (h) Length of Loan. Any loan issued shall require the Participant to repay the loan in substantially equal installments of principal and interest, at least monthly, oyer a period that does not exceed fiye (5) years from the date of the loan; provided, howeyer, that if the proceeds of the loan ate applied by the Participant to acquire any dwelling unit that is to be used within a reasonable time (determined at the time of the loan is made) after the loan is made as the principal residence of the Participant, the five (5) year limit shall not apply. In this eyent, the period of repayment shall not exceed a reasonable period determined by the Employer. Principal installments and interest payments otherwise due may be suspended for up to one (I) year during an authorized leaye of absence, if the promissory note so provides, but not beyond the original term permitted under this subsection (h), with a revised payment schedule (within such term) institUted at the end of such period of suspension. (i) Prepayment. The Participant shall be permitted to repay the loan in whole or in part at any time prior to matUrity, without penalry. (j) Promissory Note. The loan shall be eyièenced by a promissory note executed by the Participant and delivered to the Employer, and shall bear interest at a reasonable rate determined by the Employer. (k) Security. The loan shall be secured by an assignment of the panicipant's right, title and interest in and to his or her Account. (I) Assignment or Pledge. For the purposes of paragraphs (f) and (g), assignment or pledge of any portion of the Participant's interest in the Plan and a loan, pledge, or assignment with respect to any insurance contract purchased under the Plan, will be treated as a loan. (tt) ..~ (m) Other Terms and Conditions. The Employer shall fix such orher terms and conditions of the loan as it deems necessary to comply with legal requirements, to maintain the qualification of the Plan and Trust under Section 457 of the Code, or to preyent the treatment of the loan for tax purposes as a distribution to the Participant. The Employer, in its discretion for any reason, may also fix other terms and conditions of the loan, includ- ing, but not Ii mired to, the provision of grace periods following an eYent of default, nor inconsistent with the provisions of this Article and Section 72(p) of the Code, and any applicable regulations thereunder. 8.03 Participant Loan Accounts: (a) Upon approval of a loan to a Participant by the Employer, an amount not in excess of the loan shall be transferred from the Participant's other investment fund(s), described in Section 6.05 of the Plan, to the Participant's Loan Account as of the Accounting Date immediately preceding the agreed upon dare on which the loan is to be made. (b) The assets of a Participant's Loan Account may be invesred and reinvested only in promissory nores received by the Plan from the Participant as consideration for a loan permitted by Section 8.0 I of the Plan or in cash. Uninvested cash balances in a Participant's Loan Account shall not bear interest. Neither the Employer, the Administrator, nor any other person shall be liable for any loss, or by reason of any breach, that results from the Participant's exercise of such control. (c) Repayment of principal and payment of interest shall be made by payroll deduction or, where repayment cannot be made by payroll deduction, by check, and shall be invesred in one (1) or more other inyestment funds, in accordance with Section 6.05 of the Plan, as of the next Ac- counting Date after payment thereof to the Trust. The amount so invested shall be deducred from the Participant's Loan Account. (d) The Employer shall have the authority to establish other reasonable rules, not inconsistent with the provisions of the Plan, governing the establishment and maintenance of Participant Loan Accounts. Article IX. Non-Assignability 9.01 In General: Except as provided in Article VIII and Section 9.02, no Participant or Beneficiary shall have any right to commute, sell, assign, pledge, transfer or otherwise conyey or encumber the right to receive any payments hereunder, which payments and riKhts are expressly declared to be non-assignable and non- transferable. 9.02 Domestic Relations Orders: (a) Allowance of Transfers: To the extent required under a final judgment, decree, or order (includ- ing approval of a property settlement agreement) that (i) relates to the provision of child support, alimony payments, or marital property rights and (ii) is made pursuant to a stare domestic relations law, any portion of a Participant's Account may be paid or set aside for payment to a spouse, former spouse, child, or other dependent of the Participant. Where necessary to carry OUt the terms of such an order, a separate Account shall be established with respect to the spouse, former spouse, or child who shall be entitled to make investment selections with respect thereto (~) in the same manner as the Participant; any amount so set aside for a spouse, former spouse, or child shall be paid our in a lump sum at the earliest date that benefits may be paid ro the Partici- pant, unless the order directs a different time or form of payment. Nothing in this Section shall be construed ro authorize any amounno be distributed under the Plan at a time or in a form that is not permitted under Section 457(b) of the Code. Any payment made ro a person pursu- ant to this Section shall be reduced by any required income tax withholding. (b) Release from Liabiliry ro Participant: The Employet's liabiliry ro pay benefits ro a Participant shall be reduced ro the extent that amounts have been paid or set aside for payment ro a spouse, fotmer spouse, or child pursuant to paragraph (a) of the Section. No such transfer shall be effectuated unless the Employer or Administraror has been provided with satisfactory evidence that the Employet and the Administraror are released from any further claim by the Patticipant with respect ro such amounts. The Participant shall be deemed ro have released the Employer and the Administtatot from any claim with respect ro such amounts, in any case in which (i) the Employer or Administraror has been served with legal process or otherwise joined in a proceed- ing relating to such transfer, (ii) the Participant has been notified of the pendency of such pro- ceeding in the manner prescribed by the law of the jurisdiction in. which rhe proceeding is pend- ing for service of process in such action Ot by mail from the Employer or Administraror ro the Participant's last known mailing address, and (iii) the Participant fails to obtain an order of the court in the proceeding relieving the Employet or Administrator from the obligation ro comply with the judgment, decree, or order. (c) Participation in Legal Proceedings: The Employer and Administtarot shall not be obligated to defend against Ot set aside any judgement, decree, or order described in paragraph (a) or any legal order relating ro the garnishment of a Participant's benefits, unless the full expense of such legal action is borne by the Participant. In the event that the Participant's action (or inaction) nonetheless causes the Employer or Administraror to incur such expense, the amount of the expense may be charged against the Participant's Account and thereby reduce the Employer's obligation ro pay benefits ro the Participant. In the course of any proceeding relating ro divorce, separation, or child support, the Employer and Administraror shall be aurhorized ro disclose information relating ro the Participant's Account to the Participant's spouse, former spouse, dependent, or child (including the legal representatiyes of the spouse, former spouse, or child), or to a court. AIticle X. Relationship to other Plans and Employment Agreements This Plan serves in addition ro any other retirement, pension, or benefit plan ot system presently in existence or hereinafter established for the benefit of the Employer's employees, and participation hereunder shall not affect benefits receivable under any such plan or system. Norhing contained in this Plan shall be deemed ro constitute an employment contract ot agreement between any Participant and the Employer or ro give any Participant the right ro be retained in the employ of the Employer. Nor shall anything herein be construed ro modi/ÿ the terms of any employment contract or agreement berween a Participant and the Employer, (~) Article XI. Amendment or Termination of Plan The Employer may at any time amend this Plan provided that it transmits such amendment in writing to the Administrator at least 30 days prior to the effective date of the amendment. The consent of the Admin- istrator shall not be required in order for such amendment to become effectiye, bUt the Administrator shall be under no obligation to continue acting as Administrator hereunder if it disapproves of such amendment. The Employer may at any time terminate this Plan. The Administrator may at any time propose an amendment to the Plan by an instrument in writing trans- mitted to the Employer at least 30 days before the effective date of the amendment- Such amendment shall become effective unless, within such 30-day period. the Employer notifies the Administrator in writing that it disapproves such amendment, in which case such amendment shall not become effective. In the event of such disapproval, the Administrator shall be under no obligation to continue acting as Administrator here- under. Except as may be required to maintain the status of the Plan as an eligible deferred compensation plan under Section 457(b) of the Code or to comply with other applicable laws, no amendment or termination of the Plan shall divest any Participant of any rights with respect to compensation deferred before the date of the amendment or termination. Article XII. Applicable Law This Plan and Trust shall be construed under the laws of the state where the Employer is located and is established with the intent that it meet the requirements of an "eligible deferred compensation plan" under Section 457(b) of the Code. as amended. The provisions of this Plan and Trust shall be interpreted whereyer possible in conformity with the requirements of that Section of the Code. In addition, notwithstanding any provision of the Plan to the contrary, the Plan shall be administered in compliance with the requirements of Code Section 414(u). Article XIII. Gender and Number The masculine pronoun, whenever used herein. shall include the feminine pronoun, and the singular shall include the plural. except where the context requires otherwise. (31) ICMA RETIREMENT CORPORATION DECLARATION OF TRUST ~ ICMA RETIREMENT CORPORATION The public service Vantagepoint@since 1972 ( 32.) DECLARATION OF TRUST This Declaration of Trust (the "Group Trust Agreement") is made as of the 19th day of May, 200 I, by VantageTrust Company, which declares itself to be the sole Trustee of the trust hereby created. WHEREAS, the ICMA Retirement Trust was creared as a vehicle for the commingling of the assets of governmental plans and governmental units described in Section 8l8(a)(6) of the Internal Revenue Code of 1986, as amended, pursuant to a Declaration of Trust dated October 4, 1982, as subsequently amended, a copy of which is attached hereto and incorporated by reference as set out below (the "ICMA Declaration"); and WHEREAS, the trust created hereunder (the "Group Trust") is intended ro meet the requirements of Rev- enue Ruling 81-100, 1981-1 CoB. 326, and is established as a common trust fund within the meaning of Section 391:1 of Title 35 of the New Hampshire Revised Statutes Annotated, to accept and hold for invest- ment purposes the assets of the Deferred Compensation and Qualified Plans held by and through the lCMA Retirement Trust. NOw, THEREFORE, the Group Trust is created by the execution of this Declaration of Trust by the Trustee and is established with respect to each Deferred Compensation and Qualified Plan by the transfer to the Trustee of such Plan's assets in the ICMA Retirement Trust, by the Trustees thereo~ in accord with the following proyisions: 1. Incorporation ofICMA Declaration by Reference; ICMA By-Laws. Except as otherwise provided in this Group Trust Agteement, and to the extent not inconsistent herewith, all provi- sions of the ICMA Declaration are incorporated herein by reference and made a part hereo~ to be read by substitUting the Group Trust for the Retirement Trust and the Trustee for the Board of Trustees referenced therein. In this respect, unless the context clearly indicates otherwise, all capitalized terms used herein and defined in the ICMA Declaration have the meanings assigned to them in the ICMA Declaration. In addition, the By-Laws of the ICMA Retirement Trust, as the same may be amended from time-to-time, are adopted as the By-Laws of the Group Trust to the extent not inconsistent with the terms of this Group Trust Agreement. Notwithstanding the foregoing, the terms of the ICMA Declaration and By-Laws are further modified with respect to the Group Trust created hereunder, as follows: (a) any reporting, distribUtion, or other obligation of the Group Trust vis-à-yis any Deferred Compensation Plan, Qualified Plan, Public Employer, Public Employer Trustee, or Employer Trust shall be deemed satisfied to the extent that such obligation is undertaken by the ICMA Retirement Trust (in which case the obligation of the Group Trust shall run to the ICMA Retirement Trust); and (b) all provisions dealing with the number, qualification, election, term and nomination of Trustees shall not apply, and all other provisions relating to trustees (including, but not limited to, resignation and remoyal) shall be interpreted in a manner consistent with the appointment of a single corporate trustee. (~ 2. Compliance with Revenue Procedure 81-100. The requirements of Revenue Procedure 81- 100 are applicable ro the Group Trusr as follows: (a) Pursuant ro the terms of this Group Trust Agreemenr and Arricle X of the By-Laws, investment in the Group Trust is limited to assets of Deferred Compensation and Qualified Plans, investing through the ICMA Rerirement Trust. (b) Pursuant ro the By-Laws, the Group Trusr is adopted as a part of each Qualified Plan that invests herein through the lCMA Retirement Trust. (c) In accord with the By-Laws, that part of the Group Trusr's corpus or income which equitably belongs ro any Deferred Compensation and Qualified Plan may not be used for or diverted ro any purposes other than for the exclusive benefit of the Plan's employees or their beneficiaries who are entitled to benefits under such Plan. (d) In accord with the By-Laws, no Deferred Compensation Plan or Qualified Plan may assign any or part of its equity or interest in the Group Trust, and any purported assignment of such equity or interest shall be void. 3. Governing Law. Except as otherwise required by federal, state or local law, this Declaration of Trust (including the ICMA Declaration to the extent incorporated herein) and the Group Trust created hereunder shall be construed and determined in accordance with applicable laws of the State of New Hampshire. 4. Judicial Proceedings. The Trustee may at any time initiare an action or proceeding in the appro- priate state or federal courts within or outside the state of New Hampshire for the settlement of its accounts or for the determination of any question of construction which may arise or for instructions. INWI1NESS WHEREOF, rhe Trustee has executed this Declaration ofT rust as of the day and year first aboye written. VANTAGETRUST COMPANY (JifJ4 By: Name: Paul F. Gallagher TItle: Assistant Secretaty (34) MEETING DATE: February 5, 2002 ITEM# ~ CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Bobcat Skid Steer Loader Trade Out Program CATEGORY: BUDGET IMPACT: ~ 0 0 CONSENT RESOLUTION CITY COUNCIL BUSINESS 0 ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $4,158.40 $ ATTACHMENTS: Finance/Economic Development/Regional Affairs CoDU11ittee Agenda Bill. SUMMARY/BACKGROUND: It has come to our attention through the local Bobcat equipment dealer that an annual trade out program is available to us. Due to a strong market for used skid steer type equipment, the Bobcat company is offering to trade out our machine for a new one every year. As with any offer such as this, there are some conditions that need to be met. First and foremost, the initial trade out cost would be $4,158.40. This cost would be a one-time fee for the first trade out. Each annual trade out from this point forward would not require the city to pay a replacement fee. We propose to pay for the first new trade out machine ITom the replacement reserves that haye been accumulated on PK 413, 1999 Bobcat Skid Steer Loader. As ofJanuary 31, 2001, the replacement reserve account for PK 413 is $4,966.00. This initial cost is incurred due to the fact that our machine has accumulated nearly four hundred hours of use in its 26 months of service. Had we been aware of this program and began the trade out during the first year of use on this machine, no fee would haye been charged. The offer for the annual trade out program is good as long as we make the exchange prior to our machine reaching 400 hours of service. Currently, it has been operated approximately 380 hours. The $4,158.40 figure also includes upgrading to a turbocharged machine that proyides twenty percent more horsepower. The annual trade out program supplies the city with an identical new turbocharged machine. The clear advantage of this program, aside from getting a new machine each year relates to warranty and repair. Obtaining a new machine annually means it will always be under warranty. This would eliminate any repair costs other than regular servicing such as fluid changes and replacing items like belts, hoses, and tires. The annual budget for maintenance and repairs on this machine comes out of the 504 fleet account. A new machine each year means less will be spent from this account to maintain this piece of equipment. I have reviewed this proposal with fleet coordinator, Chris Pyle, and he concurs that it would benefit the city to take advantage of this program. Once a new machine has been put in to service, we will continue to collect replacement reserves at the current rate of $2,483.00 a year based on a ten-year life cycle. Eyen if the Bobcat Company were to cancel this program two or three years ITom now, we would still benefit by having the latest model year machine and accumulated reserves to purchase a new machine when the end of its life cycle has been reached. CITY COUNCIL COMMITTEE RECOMMENDA nON: Approve and moye to full Council the approval to participate in the Bobcat Skid Steer Loader Trade Out Program. PROPOSED MOTION: "I moye approyal for the Parks Maintenance Division to utilize $4,158.40 ofreplacement reserve funds collected on PK 413 to participate in the Bobcat Skid Steer Loader Trade Out Program. CITY MANAGER APPROVAL: . \7Yv\ .... (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED DENIED 0 TABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 0511 012001 CITY OF FEDERAL WAY PARKS, RECREATION & CULTURAL SERVICES DEPARTMENT Date: January 22,2002 To: Finance, Economic Development and Regional Affairs Council Committee aintenance Superintendent K ~ From: Via: David Subject: BackHound: It has come to our attention through the local Bobcat equipment dealer that an annual trade out program is available to us. Due to a strong market for used skid steer type equipment, the Bobcat company is offering to trade out our machine for a new one every year. As with any offer such as this, there are some conditions that need to be met. First and foremost, the initial trade out cost would be $4,158.40. This cost would be a one-time fee for the first trade out. Each annual trade out from this point forward would not require the city to pay a replacement fee. We propose to pay for the first new trade out machine from the replacement reserves that have been accumulated on PK 413, 1999 Bobcat Skid Steer Loader. As of January 31, 200 I. the replacement reserve account for PK 413 is $4,966.00. This initial cost is incurred due to the fact that our machine has accumulated nearly four hundred hours of use in its 26 months of service. Had we been aware of this program and began the trade out during the first year afuse on this machine, no fee would have been charged. The offer for the annual trade out program is good as long as we make the exchange prior to our machine reaching 400 hours of service. Currently, it has been operated approximately 380 hours. The $4,158.40 figure also includes upgrading to a turbocharged machine that ptOvides twenty percent more horsepower. The annual trade out ptOgram supplies the city with an identical new turbocharged machine. The clear advantage of this program, aside ftOm getting a new machine each year relates to warranty and repair. Obtaining a new machine annually means it will always be under warranty. This would eliminate any repair costs other than regular servicing such as fluid changes and replacing items like belts, hoses, and tires. The annual budget for maintenance and repairs on this machine comes out of the 504 fleet account. A new machine each year means less will be spent ftOm this account to maintain this piece of eqnipment. I have reviewed this ptOpasal with fleet coordinator, Chris Pyle. and he concurs that it wonld benefit the city to take advantage of this ptOgram. Once a new machine has been put in to service, we will continue to collect replacement reserves at the cnrrent rate of $2,483.00 a year based on a ten-year life cycle. Even if the Bobcat Company were to cancel this ptOgram two or three years from now, we wanld still benefit by having the latest model year machine and accnmulated reserves to purchase a new machine when the end of its life cycle has been reached. Committee Recommendation: Move to fnll Council, the approval to participate in the annual Bobcat Skid Steer Loader trade ant ptOgram and to authorize the use of replacement reserve funds in the amount af$4,158.00. MITTEE REPORT: ~L~ ~~r (8) MEETING DATE: February 5, 2002 ITEM# -:sr~{~J CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Purchase of 5-Cubic Yard Dump Truck CATEGORY: BUDGET IMPACT: l2J CONSENT 0 RESOLUTION 0 CITY COUNCIL BUSINESS 0 ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ATTACHMENTS: Memo to Finance, Economic Deyelopment and Regional Affairs Committee dated January 22,2002. SUMMARYIBACKGROUND: The City has collected approximately $66,233 in replacement reserves for the replacement of the existing 1985 International5-Cubic Yard Dump Truck. Public Works is requesting authorization to expend these funds for the purchase of a new 5-Cubic Yard Dump Truck. The new truck will be equipped to operate a snowplow and sander, and will serve as replacement snow removal capacity that was lost when the Interlocal Agreement with Lakehaven Utility District was tenninated. In addition, it will also significantly reduce the need to activate the snow and ice removal services contract with Lloyd Enterprises. In April of2001, Lakehaven Utility District received bids for the purchase of two 5-cubic yard dump trucks and Seattle Sterling Mack was the low bidder. The bid for each dump truck was $62,982 including Washington State Sales Tax. Seattle Steeling Mack has agreed to extend the price to the City of Federal Way. Lakehaven Utility District has authorized the City, as a political subdivision within the State of Washington, to use their bidding process. COST OF NEW DUMP TRUCK: 5- CY Dump Truck $57,888.00 Hydraulics Package for Plow and Sander $ 3,850.00 Sales Tax @ 8.8% $ 5,433.00 $67,171.00 TOTAL PURCHASE COST AVAILABLE BUDGET: Replacement Reserve collected $66,233.00 Sale of the existing 5-CY Dump Truck (Est.) $ 7,000.00 TOTAL A V AUBLE BUDGET $72,233.00 CITY COUNCIL COMMITTEE RECOMMENDATION: At its January 22,2002 meeting, the Finance, Economic Deyelopment and Regional Affairs Committee made the following recommendation: Approve awarding the purchase of the 5-CY Dump Truck and the addition of a hydraulics package to accommodate the plow and sander attachments to Seattle Sterling Mack in the amount of$67,171.00 including Washington State sales tax. PROPOSED MOTION: "I moye approval of awarding the purchase of the 5-Cubic Yard Dump Truck and the addition of a hydraulics package to accommodate the plow and sander attachments to Seattle Sterling Mack in the amount of $67,171.00 including Washington State sales tax." CITY MANAGER APPROVAL: .._~~u (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: D APPROVED D DENIED 0 TABLED/DEFERRED/NO ACTION D MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # REVISEO - 05/10/2001 DATE: January 22, 2002 TO: Finance, Economic Development and Regi FROM: Marwan Salloum, Street Systems Manag David H. M~ger Purchase ofS-Cubic Yard Dump Truck VIA: SUBJECT: BACKGROUND The City has collected approximately $66,233 in replacement reserves for the replacementofthe existing 1985 Intemational5-Cubic Yard Dump Truck. Public Works is requesting authorization to expend these funds for the purchase of a new 5-Cubic Yard Dump Truck. The new truck will be equipped to operate a snowplow and sander, and will serve as replacement snow removal capacity that was lost when the Interlocal Agreement with Lakehaven Utility District was terminated. In addition, It will also significantly reduce the need to activate the snow and ice removal services contract with Lloyd Enterprises. In April of2001, Lakehaven Utility District received bids fotthe purchase of two 5-cubic yard dump trucks and Seattle Sterling Mack was the low bidder. The bid for each dump truck was $62,982 including Washington State Sales Tax. Seattle Streling Mack has agreed to extend the price to the City of Federal Way. Lakehaven Utility District has authorized the City, as a political subdivision within the State of Washington, to use their bidding process. New Truck Cost 5- CY Dump Truck Hydraulics Package for Plow and Sander Sales Tax @ 8.8% $57,888.00 $ 3,850.00 $ 5433.00 TOTAL PURCHASE COST ~ Available Budeet Replacement Reserve collected Sale of the existing 5-CY Dump Truck (Est) $66,233.00 $ 7000.00 TOTAL A V ALiBLE BUDGET ~ RECOMMENDATION Staff recommends placing the following item on the February 5, 200] Council Consent Agenda for approval Approve awarding the purchase ofthe 5-CY Dump truck and the addition of a hydtaulics package to accommodate the plow and sander attachments to Seattle Sterling Mack in the amount of$67,171.00 including Washington State sales tax. MS,dl k: \fedc\2002\5 -ydDumpTruck.doc ( F) MEETING DATE: February 5, 2002 ITEM# -:J2l: ( ¿¿) CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: HUMAN SERVICES COMMISSION APPOINTMENTS CATEGORY: BUDGET IMPACT: 0 CONSENT 0 RESOLUTION 181 CITY COUNCIL BUSINESS 0 ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ATTACHMENTS: none SUMMARY/BACKGROUND: At a special meeting on February 5, 2002, the City Council will interview applicants to fill three (3) vacant commissioner positions on the city's Human Services Commission. Councilmembers will confinn their appointments at that evening's regular meeting. CITY COUNCIL COMMITTEE RECOMMENDATION: none PROPOSED MOTION: "I move the appointment of the following persons to the city's Human Services Commission: all with 3-year tenns ending on January 31, 2005". (The City Clerk will arrange for introduction and presentation of the appointment certificates for the new appointees at the February 19th regular meeting) CITY MANAGER APPROVAL: (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 MEETING DATE: February 5, 2002 ITEM# ~ CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: 2002 City Council Retreat -- Resolution Directing Implementation of Retreat Results CATEGORY: BUDGET IMPACT: 0 CONSENT Je1 RESOLUTION ~ CITY COUNCIL BUSINESS 0 ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ATTACHMENTS: Draft Resolution Directing the Implementation of Steps Agreed Upon at the 2002 City Council Retreat SUMMARYIBACKGROUND: At the conclusion of the Council retreat on January 12, 2002, the Council agreed on seyeral steps to implement the consensus reached. First, Council directed that the City Manager prepare a Capital Facilities Action Plan, detailing the priority for planned capita] improvement projects, a community outreach program, and potential funding options that could be integrated into the 2003-04 budget. The Action Plan is to address Transportation, Parks, Community Facilities, and City Hall projects. Second, the Council directed the City Manager and City Attorney to prepare a draft resolution for Council consideration detailing amendments to the Council Rules of Procedure discussed and agreed upon at the retreat. Third, the Council directed the City Manager to deyelop a work program to address potential improyements in the City's development reyiew process. Finally, the Council directed that a resolution be prepared summarizing its direction in these three areas. That draft resolution is attached. CITY COUNCIL COMMITTEE RECOMMENDATION: N/A PROPOSED MOTION: "I move approyal ofthe Draft Resolution Directing Implementation of Steps Agreed Upon at the 2002 City Council Retreat." CITY MANAGER APPROVAL: .~. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLEDIDEFERREDINO ACTION 0 MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # RESOLUTION NO. DRAFT ~9(ð~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DIRECTING THE IMPLEMENT A TION OF STEPS AGREED UPON AT THE 2002 CITY COUNCIL RETREAT WHEREAS, the Federal Way City Council held a retreat on January 11 and 12,2002 at the Dumas Bay Centre; and WHEREAS, at the retreat, the City Council discussed the planning and financing of future capital inyestments, Council Rules of Procedure, and development permit approval process; and WHEREAS, at the close of the retreat the City Council requested that the City Manager draft a Resolution directing the implementation of the steps Council agreed to take on the items discussed; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Section I. Deyelopment of a Detailed Capital Facilities Action Plan. The City Council herby directs the City Manager to develop a detailed Capital Facilities Action Plan for consideration and approval by the City Council. The Plan should include: (I) prioritization of capital projects, as outlined more specifically below; (2) a program for involving the public; and (3) potential options to fund the Plan's capital projects. Funding options should include transportation and/or parks impact fees, councilmanic or voter-approved bonds, real estate excise Res. #_, Page I tax, and a continuation of the utility tax. The Plan's major elements should address the following areas: A. Transportation Improvements a. Priority of projects, based on the availability of potential grants and concurrency needs; b. A community outreach program to inform the public and obtain input on proposed projects, and funding options; and c. Identification of funding options, and a mechanism for their integration into the 2003-2004 budget. B. Parks Acquisition and Improvements a. Priority of projects, based on the ayailability of potential grants, neighborhood parks needs, major maintenance needs, and the potential for land banking; b. A community outreach prOgram to inform the public and obtain input on proposed projects, and funding options; and c. Identification of funding options, and a mechanism for their integration into the 2003-2004 budget. C. Community Facilities a. Results of research into the space, location, and cost of community centers and senior facilities in other jurisdictions b. A recommendation for a potential community and/or senior center for Federal Way, based on a review of the potential for a merged. co-located and/or private facility; Res. # --' Page 2 c. A community outreach program to inform the public and obtain input on the efficiencies of merging, co-locating, and/or priyatizing facilities; and d. A recommendation as to whether or not to include funding options for such a facility in the 2003-2004 budget. D. A City Hall, accommodating municipal departments, including the Public Safety Department and the Municipal Court a. An analysis of the potential cost of two to three alternative sites in each of the following locations: (I) City Center Core, (2) City Center Frame and (3) other suburban locations; b. A community outreach program to inform the public and obtain input on site selection and funding options. This program may include open houses, design charrettes, and citizen committees. c. Identification of funding options, and a mechanism for their integration into the 2003-2004 budget and the Capital Facilities Element of the City's Comprehensive Plan. Section 2. Council Rules and Procedures. The City Council hereby directs the City Manager to prepare a draft resolution amending the Council Rules of Procedure, which resolution incorporates the changes discussed during the retreat. Section 3. Development Permit Approval Process. The City Council hereby directs the City Manager to prepare a development permit reyiew work program and timeline for Council consideration and approval. The work program should be completed within six (6) months, and should include the following: Res. #_, Page 3 A. Identification ofimproyements to the pem1it review and approval process that can be implemented immediately. B. Survey of past development permit customers. C. Outreach and inyolvement of various stakeholders. D. Research to identify best practice permit approaches used in other jurisdictions to improye the permit approyal system and customer service. E. Progress reports, including final outcomes, to the City Council. Section 4. Seyerabilitv. If any section, sentence, clause or phrase ofthis resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the yalidity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this ~ day of ,2002. CITY OF FEDERAL WAY MA YOR, JEANNE BURBIDGE Res. # -' Pagc 4 ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, BOB C. STERBANK FILED WITH THE CITY CLERIC PASSED BY THE CITY COUNCIL: RESOLUTION NO. k:\reso\2002CCretreat.doc Res. # -' Page 5 MEETING DATE: February 5, 2002 ITEM# _--rJ'ff.. CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Changes to the thresholds that require Right of Way Improyements CATEGORY: BUDGET IMPACT: D CONSENT D RESOLUTION D CITY COUNCIL BUSINESS [g ORDINANCE D PUBLIC HEARING D OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ATTACHMENTS: Ordinance, Memorandum to LUTC dated 12/31/01, Staff Report to the Planning Commission. SUMMARYIBACKGROUND: The Chamber of Commerce recommended that this section of the City Code be reyiewed as part of the 2001 Planning Commission Work Program. The Planning Commission conducted a public hearing on December 5, 2001. The LUTC reviewed the ordinance at their meeting on January 7, 2002 The recommended changes increase the thresholds for right of way improvements for business/property owners making improvements to exisitng deyelopments. CITY COUNCIL COMMITTEE RECOMMENDATION: Approye the Ordinance as recommended by Planning Commission and staff. PROPOSED MOTION: "I move the proposed ordinance to second reading and approval at the next regular meeting on _February 19, 2002" CITY MANAGER APPROVAL: ~ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: D APPROVED D DENIED D TABLED/DEFERRED/NO ACTION D MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # ~93 REVISED - 05/10/2001 DRAFT I á,S:/ð 2- CITY OF FEDERAL WAY ORDINANCE NO. - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 22 (ZONING) OF THE FEDERAL WAY MUNICIPAL CODE TO ADDRESS FRONTAGE IMPROVEMENTS WHEREAS, the City of Federal Way adopted Ordinance No. 96-270 in July 1996, which significantly revised the Federal Way City Code (FWCC) Chapter 22 (Zoning); and WHEREAS, the City of Federal Way finds that the amendments to FWCC Chapter 22 (Zoning), to modify standards relating to ITontage improyements will provide an incentive to redeyelop properties; and WHEREAS, the City of Federal Way finds that the code amendments relating to /Tontage improyements will implement and are consistent with the Federal Way Comprehensive Plan; and WHEREAS, the City's State Environmental Policy Act (SEPA) Responsible Official issued a Determination of Non significance on the code amendments relating to frontage improyements on October 13,2001; and WHEREAS, the Planning Commission conducted a duly noticed public hearing on the code amendments relating to /Tontage improvements on December 5, 200 I, and forwarded a recommendation of approyal to the City Council; and WHEREAS, the Land Use Transportation Committee ofthe Federal Way City Council considered the code amendments relating to ITontage improvements on January 7, 2002, following which it recommended adoption of the text amendments; and WHEREAS, the City Council finds that the code amendments relating to frontage improyements are consistent with the intent and purpose of FWCC Chapter 22 (Zoning) to provide for and promote the health, safety, and welfare of the general public. Ord No.- ,Page ¡ Now, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings. After full and careful consideration, the City Council of the City of Federal Way finds that the proposed code amendments will protect and will not adyersely affect the public health, safety, or welfare. Section 2. Conclusions. Pursuant to FWCC Sections 22-216 and 22-528, and based upon the Findings set forth in Section I, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposal: 1. The proposed FWCC text amendments are consistent with, and substantially implement, the following Federal Way Comprehensive Plan goals and policies: LUG 1 Improve the appearance and function of the built environment. LUP 6 Conduct regular reviews of development regulations to determine how to improve upon the development review process. 2. The proposed amendment bears a substantial relationship to public health, safety, or welfare because they will result in incentives for redeyelopment and restoration of existing deyelopment, AND 3. The proposed amendment is in the best interest ofthe residents of the City because they may result in increased redevelopment of existing properties resulting in increased efficiency and effectiyeness of City resources. Section 3. Amendment. FWCC, Chapter 22 is amended as set forth in the attached Exhibit A. Section 4. Seyerabilitv. The provisions of this ordinance are declared separate and seyerable. The inyalidity 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 yalidity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. OtdNo. - , Page 2 Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affinned. Section 6. Effectiye Date. This ordinance shall be effectiye fiye (5) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way at a regular meeting of the City Council on the - day of ,2002. APPROVED: Mayor, Jeanne Burbidge ATIEST: City Clerk, N. Cluistine 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: OrdNo. - ,Page 3 ATTACHMENT A DRAFT: PROPOSED CODE REVISIONS Article XVI. IMPROVEMENTS Sections: Division I. Generally 22-1471 Special regulations in designated areas. 22-1472 Official right-of-way map adopted. 22-1473 When public improyements must be installed. 22-1474 Required public improyements. 22-1475 Additional improyements. 22-1476 Traffic control deyices and signing. 22-1477 Modifications, deferments and waiyers. 22-1478 Bonds. 22-1479 - 22-1495 Reserved. DIVISION 1. GENERALLY 22-1471 Special regulations in designated areas. If the city council has approyed a public improyements master plan or special design guidelines for a particular area that includes a right-of-way, the master plan or other guidelines will be filed with the city clerk and will goyem the improvements to be proyided by deyelopments that abut that right-of-way. (Ord. No. 90-43, § 2(110.10), 2-27-90; Ord. No. 98-330, § 3,12-15-98) 22-1472 Official right-oC-way map adopted. The public works director shall produce and keep current an official right-of-way classification map that classifies each ofthe improved and proposed rights-of-way, other than alleys, based on the classification standards contained within FWCC 22-1524 and 22-1525 and the objectiyes the comprehensiye plan. This right-of-way classification map, as adopted and amended !Tom time to time, shall have the full force as if its provisions were fully set forth within this chapter. (Ord. No. 90-43, § 2(110.15), 2-27-90; Ord. No. 98-330, § 3,12-15-98) 22-1473 When public improyements must be installed. (1) The term "frontage improvements" as used in this section shall refer to the construction, reconstruction or repair of the followingfacilities along the full abutting public street frontage of property: (LIST) (a) The applicant shall provide the improvements required by this article if the applicant engages in any actiyity which requires a deyelopment permit except for the following: City of Federal Way Draft Code Revisions (I) The applicant need not comply with the proyisions of this article if the proposed (a) The applicant shall provide the improyements required by this article ifthe applicant improvements in any l2-month period do not exceed 25 percent of the assessed or appraised value (based on an MAl appraisal proyided by the applicant) of all structures and land combined on the subject property, whichever is greater, except that if the subject propertv is equal to or greater than 100,000 square feet in size, the land yalue shall not be included in the assessed or appraised yalue used to determine the 25 percent. (2) The applicant need not comply with the proyisions of this article if, within the immediately preceding four years, public improvements were installed as part of any subdivision or discretionary land use approval under this or any prior zoning code. (3) The applicant need not comply with the proyisions of this article if the proposal is to locate a personal wireless services facility (PWSF) on the subject property. (4) The applicant need not complv with the proyisions of this article if the proposal is for facade improyements onlv. In addition, the cost of improyements required bv Article XIX, Communitv Design Guidelines, shall not be included in the total cost ofimproyements measured oyer a 12- month period pursuant to Section 22-1473(a)(] ). (5) Tenant improyements. unless the proposed improvements add additional floor area. (6) If the required improyement is part of a larger project that has been scheduled for construction in the citv's adopted six-vear transportation improyement program, the public works director may permit the applicant to fulfill the applicant's obligation under this section bv paving to the citv the pro rata share of the costs of the required improyements attributable to the deyelopment of the subiect propertv, as determined bv the public works director. For purposes of determining the applicant's pro rata share, funds received bv the Citv from anv federal, state, or local grant for the project shall be excluded £Tom the total cost of the planned six-vear transportation improyement. (b) Right-of-way adjacent to and within subdiyision and short subdiyisions must be dedicated and improved consistent with the requirements ofthis article, unless different requirements are imposed by the city as part of the subdiyision or short subdiyision approyal. (Ord. No. 90-43, § 2(110.20), 2-27-90; Ord. No. 98-330, § 3, 12-15-98; Ord. No. 00-363, § 15, 1-4-00) 22-1474 Required public improvements. (a) Generally. The deyelopment standards portion ofFWCC 22-1523 through 22-1528 establish the improvements that must be installed, based on the classification ofthe yarious rights-of- way within the city. The applicant shall, consistent with the proyisions of this article, install all improvements established in FWCC 22-1523 through 22-1528 along the frontage of each City of Federal Way Draft Code Revisions 2 right-of-way, other than alleys, that abuts and trayerses the subject property, commensurate with the impacts of the development. At a minimum, improyements shall be required on the abutting side of the right-of-way and a 10-foot lane on the side ofthe right-of-way opposite the frontage. (b) Additional dimensions and improyements. The applicant may increase the dimensions of any required improyement or install additional improyements within the right-of-way with the written consent of the public works director. (c) Authority to require dedication. If a right-of-way abutting the subject property has inadequate width based on the requirements in FWCC 22-1523 through 22-1528, the applicant shall dedicate a portion of the subject property parallel to the right-of-way and equal in width to the difference between the present right-of-way width and the width required by FWCC 22- 1523 through 22-1528 for that right-of-way. The public works director may waiye additional dedication or may permit dedication of a lessor amount of the subj ect property for additional right-of-way width if: (1) It is likely to anticipate that, within the near future, the private property across the right-of-way will be required to dedicate property for public right-of-way; or (2) The reduction in the required right-of-way width will nonetheless provide adequate room for all improvements, infrastructure and functions within the right-of-way. For the purpose of determining the rough proportionality of right-of-way dedication to the deyelopment's impacts, the city may require up to 300 square feet of right-of-way dedication per ayerage daily trip generated by the development. All dedications under this subsection shall be by conyeyance through a statutory warranty deed. (d) Partial right-of-way improvements. Where a right-of-way abutting the subject property does not, eyen after dedications required under subsection (c) of this section, contain adequate width to install all of the improyements required within that right-of-way under this article, the applicant shall install improvements within the right-of-way which will provide a safe and efficient right-of-way and which will facilitate completion of all right-of-way improvements required in this article at a later date. The specific extent and nature of improyements, where full right-of-way width is not ayailable, will be determined by the public works director on a case-by-case basis. (e) Easements. The public works director may require the applicant to grant such easements oyer, under and across the subject property as are reasonably necessary or appropriate under the circumstances, including but not limited to easements for the following: (I) Pedestrian access and sidewalks. (2) Street lighting. (3) Traffic control devices. (Ord. No. 90-43, § 2(110.25), 2-27-90; Ord. No. 98-330, § 3, 12-15-98) City of Federal Way Draft Code Revisions 3 22-1475 Additional improyements. The city may require the applicant to pave or install additional improvements within rights-of- way, either abutting or not abutting the subject property. This may include traffic signals, channelizations, turn lanes, and other improyements necessary or appropriate to improye traffic circulation and safety, the need for which is directly attributable to deyelopment of the subject property. Where appropriate, the public works director may permit the applicant to fulfill the applicant's obligation under this section by paying to the city the pro rata share of the costs of the required improyements attributable to development of the subject property, as determined by the public works director. The city may also require the applicant to proyide traffic studies and other data describing the traffic impacts of the proposed deyelopment, the need for improyements under this section, and the reasonable pro rata share of the costs of these improyements to be borne by the applicant. (Ord. No. 90-43, § 2(110.30), 2-27-90; Ord. No. 98-330, § 3, 12-15-98) 22-1476 Traffic control devices and signing. All traffic control devices and pavement markings shall conform to the Manual on Uniform Traffic Control Devices (M.U.T.c.D.) as adopted, trom time to time, by the State Department Of Transportation. (Ord. No. 90-43, § 2(110.55), 2-27-90; Ord. No. 98-330, § 3, 12-15-98) 22-1477 Modifications, deferments and waiyers. The public works director may modify, defer or waiye the requirements of this article only after consideration of a written request for the following reasons: (I) The improvement as required would not be harmonious with existing street improyements, would not function properly or safely or would not be adyantageous to the neighborhood or city as a whole. (2) Unusual topographic or physical conditions preclude the construction ofthe improyements as required. (3) Proper vertical or horizontal alignments cannot be determined because the existing streets do not have correct alignments. (4) The required improyement is part of a larger project that has been scheduled for construction in the city's adopted six-year transportation improvement program. (Ord. No. 90-43, § 2(110.60), 2-27-90; Ord. No. 98-330, § 3, 12-15-98) 22-1478 Bonds. The city may require or permit a bond under FWCC 22-146 et seq. to insure compliance with any of the requirements ofthis article. (Ord. No. 90-43, § 2(110.65),2-27-90; Ord. No. 98-330, § 22-1479 - 22-1495 Reserved. City of Federal Way Draft Code Revisions 4 Memorandum TO: Land Use and Transportation Committee Dayid Moseley, City Manager -:Yt,O ~ Kathy McClung, Director of Community Development ~ VIA: FROM: DATE: December 31, 2001 RE: 25% Right of Way Trigger Code AInendment BACKGROUND Attached is the Draft Ordinance and Staff Report to the Planning Commission on the 25% yalue trigger for right of way improyements.* This code amendment was initially proposed by the Chamber of Commerce for the 200 I Planning Commission Work Program. Carr Roe and I worked with a team of Chamber members and met with indiyidual council members to formulate the staff recommendation. The current language in the Code requires that adjacent right of way be improved to current standards when an owner is improying an existing development and the value of the improvements is more than 25% ofthe value ofthe existing structure/so A summary of the code amendment changes are as follows: 1. Includes the assessed yalue ofthe land and improvements in the 25% calculation for properties under 100,000 square feet. 2. Right of way requirement not applied iffaçade improyement only proposed. 3. Right of way requirement not applied if tenant improvement only. 4. If right of way improvements are required and the city has obtained grants to construct or improye the adjacent right of way, the applicant is only required to contribute their pro rata share minus the grant amount. The Planning Commission heard this issue on December 5, 2001 and approved the staff recommendation. LUTC RECOMMENDATION After reyiewing the Planning Commission recommended Ordinance, the LUTC may recommend the following: 1. The full Council approve the proposal by adopting the recommended Ordinance. The full Council approve the proposal with modifications. The full Council disapproye the proposal by resolution. 2. 3. 4. Refer the proposal back to the planning commission for further proceedings. STAFF RECOMMENDA nON Staff is requesting that the LUTC recommend approyal of the Planning Commission's recommendation to the full City Council for their January 15th meeting. APPROVAL OF COMMITTEE ACTION: fl4/1C!ß= ,.Q' ctZ: Lj : Il/V?//(. ~ïC5~ ~- * A full set of the staff report attachments are ayailable in the Council Office. If you would like your own set, please contact me or Sandy Lyle and we will proyide them to you. STAFF REPORT TO THE PLANNING COMMISSION 25% Threshold for Frontage Improvements Federal Way City Code (FWCC) Amendments Planning Commission Meeting of December 5, 2001 1. BACKGROUI\:D The City received a request from the Chamber of Commerce to evaluate the trigger requirements for street frontage improvements for pre-existing uses. Currently, the City requires pre-existing uses with substandard street frontage that apply for a development permit to install improyements consistent wiih adopted requirements when the proposed action exceeds 25 percent (oyer a 12 month period) of the assessed or appraised yalue of all structures on the subject property (Exhibit 1, FWCC Chapter 22, Article XVI, "Improvements"). The Federal Way City Council identified this code amendment as a high priority for this year's Planning Commission work program- This staff report eyaluates the proposed request; identifies and discusses techniques to provide street improvements for previously deyeloped properties; evaluates the applicability of the identified techniques to Federal Way; and finally recommends reyisions to current code requirements. The Issue Many communities are challenged by the presence of substandard streets fronting developed properties within their jurisdiction. Usually, these circumstances are the result of development occurring prior to the establishment of suitable frontage improvement requirements, or before there were identified needs for improved street infrastructure at each location. Substandard ,¡reets pose functior.al and public safety-related risks to a community, such as the lack of pedestrian continuity, the absence of access control, uncontrolled parking configurations, loss of opportunities for coordinated storm water treatment and conveyance, and the lack of consistent and/ or appropriate street lighting. In addition, streetscape improvements (street trees, plantings, landscaped median strips, and other decorative elements) that aesthetically enhance the community and (in commercial areas) contribute to economic vitality are often not present. The absence of street improvements can also contribute to a negative impression of the community by residents, commercial users, and visitors. Acknowledging the adverse factors resulting from the lack of street improvements, the challenge is to find a fair means of addressing the problem. In summary, how can a community orchestrate needed street improvemcnt retrofits in a manner that is cost-effective for both the jurisdiction and adjacent property owners? Chamber of Commerce Request In October 2000, the Federal Way Chamber of Commerce requested that the City Council review the existing code policies associaled with street improvements and the cost allocation required for pre- existing uses, generally referred to as the "25% trigger." 111e Chamber believed that Federal Way was, "...missing out on significant development opportunities because of these policies." Further, the Chamber requested staff time and resources to Conn a task force on these economic development incentives and stated, "The goal of this discussion would be to insure that we are not missing out on development opportunities and associated sales/property tax revenues because of the disincentives built into the current code" (Exhibit 2). Process to Date The Economic Vitality Committee (EVC), an established committee of the Chamber of Commerce, focused on the issue. In July 2000, a matrix was prepared by City Staff (Exhibit 3) that summarized the approaches used .by various communities to address triggers for improvement of substandard streets associated with previously èstablished development. This matrix identified the following: 1. 2- 3. 4. Applicability and Nonconfonnance Thresholds; Criteria for Improvements; Public Right-of-Way Improyement Requirements; and Parameters for DeferrallWaiver of Requirements. A memorandum (Clirehugh, January 2001) was prepared for the Task Force (Exhibit 3) that identified the following possible strategies for discussion: 1. 2. 3. 4. 5. Should the trigger be changed from 25 to 50 percent? What yalue should trigger additional requirements? Should interior tenant improyements be excluded from triggers? Should there be area specific requirements? Should the City adopt a pro rata fonnula as it relates to when street improvements are completed? Should the calculation of impact take in account how the project is being funded? Financial impacts might be spread out oyer time. 6. 7. An additional meeting of the Task Force was scheduled for February 2001. A memorandum (Clirehugh, March 2001) was prepared (Exhibit 3) that summarized the results of the discussion to date and proposed the following recommendation to the City: 1. 2. 3. 4. The 25 percent trigger shall be unchanged. The total assessed yalue of both land and improvements shall detennine the thresholds. Interior tenant improvements shall be excluded from the trigger. All street frontage improvements, to be absorbed by the landowner, shall be calculated based on the City's proportioned amount excluding federal, state, and county contributions. The landowner shall be given the opportunity to spread the cost of the assessment over time, when practical. 5. The Chamber of Commerce fonnally submitted these recommendations to the Fcderal Way Planning Commission in May 200 I (Exhibit 2a). Staff Inyolvement The City's Public Works Director and Community Deyelopment Director worked early in the process with the Chamber of Commerce to provide technical infonnation to the Task Force. Staff also met individually with the Council to share progress on the issue and to receive direction. The PC Staff Report 25% Trigger for Improvements Page 2 of14 Council was clear that they were in favor of "moving the bar," wanted to especially help small businesses, but did not want to move the bar so far that all burden of street improvements is on the tax payer. In August 2001, City staff and the City's consultant presented the background information to the Planning Commission at a workshop. The Planning Commission asked a number of questions that are answered in memo form (Exhibit I ¡). In October, the City's consultant prepared a draft staff report that was provided to the Chamber of Commerce and Planning Commission. A public hearing before the Planning Commission was scheduled for October 17,2001- The Chamber requested a delay of the public hearing in order to give them time to share the staff recommendation with their membership. Representatives from the Chamber have met with City staff a number of times and issues such as tenant improvements and façade treatments haye been further clarified. The Chamber also requested staff to reconsider the recommendation to include land yalues only in the 25 percent calculations for properties oyer 100,000 square feet. The Chamber and staff both ran separate calculations that resulted in no change in the staff recommendation on this particular issue. Existing Code Requirements The code currently addresses street frontage improyeme"ts in FWCC Chapter 22, Articl.'. XVI, "Improvements' (the applicable development standards of Sections 22-1523 through 22-1528 are attached in Exhibit I). FWCC Section 22-1473 indicates when public improvements must be installed. This section states that applicants must provide the improvements required by Article XVI if the activity requires a deyelopment pennit. Two exceptions are established: L If the proposed improvements in any 12-month period do not exceed 25 percent of the assessed or appraised value of all structures on the subject property, or 2- If, within the immediately preceding four years, public improyements were installed as part of any subdivision or discretionary land use approved under the code. The balance of the article delineates with specificity the improvements that must be installed. It is important to note that the improvement requirements and the two exemptions (above) are applicable within all zoning districts within the City- In practice however, it is in the commercial areas that pre- existing deficiencies are the most acute. Regulatory Basis and Issues In promoting the public interest, a community must strive to balance the needs of both its property owners and the general public. It is in the public interest to require business to expand the tax base. It is also in the public interest to require from a property owner a fair investment in the infrastructure that brings business to a commercial property. Comparison and Evaluation ofThrcsholds for Washington CHies The following chart shows a comparison of various local jurisdictions and their methods of extracting improvements associated with pre-existing development. PC StalT Report Page 3 of 14 25% Trigger for Improvements City Trigger Permit Valuation Comment Auburn 50% y Value of structure, additions, Deferral pennitted but must alterations, repairs. execute agreement to insure participation in future LID Bellevue 100% Y Replacement value of structure over Deferral pennitted but must three years. Additions, alterations, execute agreement to insure repair. participation in future LID. Everett 50% Y Current market value one-yeat period. Deferral pemlitted but must Additions, alterations, repair. execute agreement to insure participation in future LID. Issaquah 25% Y Maintenance: ICBO value. Additions, alterations, repair. Alterations: greater than 75% must meet development standards. Additions, alterations, repatr. Kent $20,000 Y Except for buildings on lots old code. Deferral pennitted but must Additions, alterations, repair. execute agreement to insure participation in future LID. Puyallup $60,000 Y Any two-year period. Additions, alterations, repair. Redmond 20% of Y Increase of floor area. Additions, '. Deferral pennitted but area alterations, repair. participation in future LID. 50% of Alterations or repair greater than 50 structure percent of structure. Renton $50,000 Y Additions, alterations, repair of structure. Sea-Tac $75,000 Y Additions, alterations, repair of structure. Tumwater 25% Y Current market value one-year period. Additions, alterations, repair. As shown, there is a lack of consistency between jurisdictions in establishing a threshold for frontage improvements. In addition, there are a variety of measures used as "triggers." Whereas 25 percent of assessed valuation is used by Mt. Vernon, a 50 percent factor appears to be more widely used. In teons of the valuation method, most use an assessed value of the structure and/or land. Using the value of the structure appears to be more general. However, some use a dollar-figure over a particular period oftimc. Although there is a general lack of consistency noted in the sample, all of the jurisdictions are similar in linking any waiver or deferral of improvement requirements to executing an agreement with the subject municipality to enter into a "no protest" agreement toward the future formation of a Local Improvement District (LID). Analysis of the Task Force Recommendations Cities have broad statutory authority to require basic levels of street improvements as a condition of building permit issuance. The challenge of orchestrating streetscape improvements in a manner that is not haphazard and is cost-effective for both the city and property owner is not easy. 11lere is no obvious, accepted, or consistent agreement among municipalities as to how to accomplish this (see comparison matrix, above). Perhaps the only way to assess the effectiveness of one threshold or valuation method over another would be to evaluate the relative function and appearance of each individual city, or the economic effect on landowners who have provided the required frontage improvements. This would be difficult to measure, and highly subjectiye to evaluate. In addition, the results of such analysis would not likely be transferable due to the unique circumstances associated with each community. PC Staff Report Page 4 of 14 25% Trigger for Improvements As such, each community must determine for itself the right balance between facilitating growth and discouraging it. The EYC task force has made a significant effort to address this issue in a balanced manner. Their five recommendations arc discussed below. 1. The 25% trigger shall remain. Analysis: Some municipalities have a 50 percent trigger, some a dollar amount, and some have no requirement at all. There are a number of factors that must be weighed in adopting a threshold for "fair share improvements." The initial goal is to construct needed street improvements; secondarily is how those improvements will be paid for and how soon they must be done. Additionally, the municipality must decide if some improvements are excluded (currently, electrical, plumbing, SEPA, Use Process, Preapplication, and Site Plan Review are excluded). There must be a firm and rational basis for excluding these elements. In reviewing the goal of establishing a threshold for needed improyements balanced with the need of the municipality to provide for responsible economic growth while promoting public safety, it must be acknowledged that there is no perfect solution. If one of the goals is to incrementally Foyide for needed ;'etrofit improvements, then the City may wish to continue to use the 25% trigger; however, this will likely result in fewer improvements and those occurring in a patchwork fashion. If the goal is to address deficiencies in a more comprehensive manner, the City should consider enacting LID's or establishing a Transportation Benefit ~istrict (T80), which would provide for more orderly improvements with costs apportioned to all of the adjoining businesses. 2. Total assessed value of land and improvements to determine the threshold. Analysis: If both land and structures are included, there will be a higher dollar amount target or threshold that must be reached to trigger improvements. Consequently, the landowner could make more improvements than under the 25 percent threshold if the value was calculated on only the assessed value of the structure. The result would be that fewer required frontage improvements would be triggered. 3- Interior tenant improvements to be excluded from trigger. Analysis: Tenant improvements are improvements made within the interior of the building. They do not include building additions. Arguably, interior tenant improvements do not increase demand on surrounding streets. Howeyer, it is fair to say that businesses make improvements to increase their volume and profitability. If a business is successful, it is likely that their customer base will grow. Most of the municipalities reviewed did not make this exception explicit in their code. Indced, seven out of the eight municipalities specifically included alterations or remodeling. Occasionally, a tenant improvement can include a change to increase floor area, such as a mezzanine. In these rare instances, additional traffic can be generated. In these circumstances it is fair to potentially require street improvements if needed. 4. All frontage improvements to be absorbed by landowner, based on calculation of the City's proportioned amonnt excluding federal, state, and county contributions. PC Starr Report l'age50rl4 25% Trigger for Improvements Analysis.. ^ transportation system for the City is planned within the comprehensive plan. This network of streets is implemented through improvements required at the time of development and through the City's six-year Transportation Improvement Plan (TIP). Every year this plan is reviewed, updated, and approved by the City Council. The Public Works Department utilizes the TIP to apply for state and federal grants to match the City's funds for street improvements. Should the City obtain funding from federal or state sources, the landowner should not be additionally assessed for improvements to be provided through those sources. In cases where funding is obtained, the property owner should contribute a proportionate share toward establishing any remaining unfunded improvements. s- Landowner to be given the opportunity to spread the costs of the assessment .over time, when practical. Analysis: This would apply only to a LID or TBD assessment, as otherwise a public entity would be loaning money to a private entity. Article VIII, Section 7 ofthe Washington Constitution specifically prohibits this, and reads as follows: "No county, city, town or other municipal corporation shall hereafter give any money, or property, or loan its money, or credit to or in aid of any indiyidual, association, company or corporation, except for the necessary support of the poor and infirm, or become directly or indirectly the owner of any stock in or bonds of any association, company or corporation." This provision of the state constitution actually contains the following four separate prohibitions that are relevant: I) a prohibition against gifts of money; 2) a prohibition against gifts of property; 3) a prohibition against loans of money; and 4) a prohibition against the lending of municipal credit. This is why the Legislature enabled the process as defined in RCW 35.43 through 35.56. Analysis of FWCC-EVC Recommendations: Case Studies Matrix I (Exhibit 4) analyzes the recommendations as proposed by the Task Force using two recent projects (Sears and Key Bank). The current code requirements are included to establish a baseline reference. In the case of Sears, street improvements were not required under the existing code. If the recommended revisions are adopted, it is likely that a larger project, such as Sears, would not exceed the recommended trigger and consequently would not have to make improvements. The proposed Key Bank project was smaller in scale. Under both the existing and proposed trigger mechanisms, street improvements would be required. It is evident that smaller or less valuable properties will be the ones most likely to provide improvements under either scenario. Alternative Strategies to be Considered Several alternative strategies can be used to address substandard streets, and should be considered. These approaches tend to address resolving substandard conditions for multiple sites or larger areas. The general advantages of cumulatively addressing deficiencies are shared cost, economy of scale (in some cases), opportunities to integrate the design and construction of improvements, the ability to spread costs over time, and the avoidance oCthe discontinuity typically associated with PC StaIT Report l'age6ofl4 25% Trigger for Improvements incremental site-by-site redevelopment. The general disadvantages of these approaches are the need to involve multiple property owners and the procedural hurdles associated with implemcnting the strategy. The following altcrnativc strategies may be applicablc: I. "RecovelY or Latecomers Agreement." Have the property owners construct all thc street improvements in his/her block and establish a "recovery contract'" under Chapter 35.72 RCW (Exhibit 5). 2. "Sidewalk Statutes." Use the "sidewalk statutes,,2 to construct street improvements (Chapters 35.68 and 35.70 RCW) (Exhibit 6). 3. LID. Fonning a local improvement district (LID)' 4. Improvements Provided by City. Constructing the improvem"nts with City and/or grant funds.' 5- Eslablish Transportation Benefit Districts (FBD). A TBD is not so much a revenue source as it is a funding mechanism by which infrastructure projects can be planned, prioritized, funded, and built by either a local govemmenvl entity on its own or in partnership with other stakeholders. RCW 35_21_2255 gives the legislative authority of a city the power to establish a TBD for the purpose of acquiring, construct, improving, providing, and funding any city street. RCW 36_736 describes the process and methods of payment for the district. In essence the district is a, "...quasi-municipal corporation, an independent taxing authority'" as allowed by the state constitution. Significant of , Chapter 35.72 RCW allows a city to enter into a recovery contract or latecomers agreement with any property owner to provide for teimbursement for street improvements installed by the property owner, which also benefit other properties in the area. A city must, however, have an ordinance in place that requires the street improvements as a condition of property development. A city may, if it participates in the improvement, be reimbursed for its share of the improvement costs in proportion to the benefit received by the specific properties included in the recovery contract area. In 1997, the Legislature amended this statute to allow a county, city, or town to create an assessment rei"bursement area on its own initiative, without the porticipation of a private property owner, finance the costs of the road or st.,et improvements, and become the sule beneficiary of the reimbursementS that arc contributed. 'Three chapters, 35.68 RCW, 35.69 RCW, and 35.70 RCW, provide cities and towns with the authority to require property owners abutting a public street to construct sidewalk improvementS or, if the property owners refuse, to construct the improvementS itSelf and assess the costs to them. Each of the statutes has a slightly different approach to the issue and must be read carefully to make sure that all procedures particular to that statute have been followed. All three statutes refer to limitations in RCW 35.69.020: a) an abutting property owner cannot be charged more than 50 percent of the valuation of the property, exclusive of improvements; and b) an abutting property owner cannot be charged if action by the city caused deterioration or damage or if the deterioration or damage was caused by failure of the city to enforce its ordinances. } Local Improvement Districts (LIDs) are a means of assisting property owners in financing needed capital improvements through the fom1ation of spccial assessment districts. Special assessment districts allow improvementS to be financed and paid for over a period of time through assessments on the benefiting properties. They are similar 10 assessment districtS that are created under the sidewalk statutes, but are not as limited in the scope of improvementS (type and geographical area) that can be accomplished, nor arc they subject to the limitations of RCW 35.69.020. They arc subject, however, to approval (or more COITectly, non-protest) by the property owners, whereas the sidewalk statutes are not. ßasic LID processes are in Chapters 35.43 RCW through 35.56 RCW. Cities which make extensive use of LIDs to construct neighborhood improvementS include Tacoma. Spokane, and Everett. Each Washington city and town should have on file a copy of the newly published Washington Siole Loco! Improvement District Mannat, eourth Edition (A WC. APW A, and MRSC). This manual provides much information on fonnation, administration, and closeout of LIDs. . Cities and towns arc eligible for a number of grant and loan programs for their share of the costs of participating with property owners in construction of improvements. , Attached as Exhibit 7. 6 Attached as Exhibil 8. 1 RCW 36.73.040, Generot Powers a/District PC StalTReport 25% Trigger for Improvements Page 7 of 14 this method of funding, the city need only find that the action of establishing the district is in the public interest and adopt an ordinance. Once established, the city may Icyy an ad valorem tax, or issue general obligation bonds to pay for the improvements.8 Analysis of Alternative Strategies The adopted 25% trigger is dependent on redevelopment or expansion as a means of remedying existing deficiencies. Practically, needed improvements will likely be "stretched out" over a period of many years. The incremental nature of redevelopment will at best result in a patchwork pattem of frontage improvements. Although most of these strategies to retroactively provide improvements place the full initial financial burden on the developer, some jurisdictions are eager for groWth and subsidize the construction, proyide labor or materials, or partially reimburse the developer. In the cases of LID's (discussed below) the assessing authority may subsidize the project by assessing less than the full cost of the projeet- The following matrix describes the altemative strategies: Allows property owner to make improvements and be reimbursed by other property owners benefiting. City may be reimbursed for its share in proportion to benefit received. City may also create an assessment reimbursement area on its own. Sidewalks Statutes City has authority to require sidewalk improvements, or can construct and assess the costs to property owners. Local Improvement Districts Allows improvements to be financed and paid for over a period of time through assessments of benefiting properties. Municipally Constructed Improvements City constructs improvements to remedy existing deficiencies. . RCW 36.73.060 & RCW 36.73.070 an that street improvements as a condition of property (re)development. City can make improvements on its own and become the sole beneficiary of reimbursements that are contributed when triggers are reached. Requires the City provide the costs ofthe improvements "up front," which may be cost prohibitive. Approval by property owners not required. The property owner cannot be charged more than 50 percent of the valuation of the property, exclusive of improvements. Applies to sidewalks only. Problems may arise if sidewalks are improved and streets are not. Would require coordination with other street work. Subject to approval by the property owners. Generally used by larger municipalities. An expensive and time-consuming process if the district is not approved by Ole property owners. A fair system of cost sharing, and may be considered less of an initial impact as costs are spread out over a long period of time. Costs associated with the project are borne by the whole community. Improvements must be detennined to be in the public interest. PC Staff Report Page 8 of 14 25% Trigger for Improvements Creates an independent taxing authority. A funding mechanism for improvements built either by the City or in partnership with other stakeholders. . Strategy Transportation llcncfit Districts Numerous funding options available. Not a widely used option. Criteria for Determining an Appropriate Strategy for Federal Way In order to detennine the most appropriate strategy-for Federal Way, it is useful to establish a set of evaluating criteria- As a precursor to the deyelopment of criteria, it is important to establish the local context, which should reflect the unique conditions found in the community- The local co.ntext can be established thorough the identification of: 1. The general degree of existing building development; 2. 111e current leyel of pre-existing street improvements; 3. The current circumstances under which exemptions, yariances or waivers for retroactiye street improvements are granted; and 4. The ai\owable alternatives to the construction of improyements. After the local context is established, the following criteria should be used to eyaluate the alternatiyes: 1. Will the proposed strategy selVe as a significant disincentive for desired economic development? What is the most appropriate balance between benefit to the landownèr and the public? 2. How quickly and consistently does the City want the retroactive street improyements to be done? 3. Will the proposed strategy create a haphazard, patchwork of improyements? 4. How much should the City contribute towards remedying current deficiencies? 5. How much of a leadership role in facilitating these improvements does the City wish to take? A detailed analysis of the criteria questions shown above was perfonned, as well as a review of the recommendations related to specific application in the City of Federal Way; taking into consideration the perspectives, and concerns of the City as well as the business community. The analysis is attached as Exhibit 9, "Analysis: Local Context" and "Analysis: Criteria." Recommendations In order to prepare relevant, balanced recommendations this report has: 1. Reviewed the existing code in comparison with other (local and adjacent) municipalities- PC Staff Report 25% Trigger for Improvements Page 9 ofI4 2. Analyzed the legally available tools for providing improvements. 3. Analyzed data provided by the City relating to cost associated with typical projects. 4. Applied proposed strategies to selected local projects as a case study. 5. Evaluated the effectiveness of each of the proposed strategies. 6. Analyzed the goals of the City as identified in the comprehensive plan to transportation infrastructure, economic deyelopment, and community character. As discussed above, there is no perfect solution, but recommendations are proposed by focusing on the need for an ordered, comprehensive, and consistent method of required improvements based upon a fair cost sharing. "Wireless Transmission Faeilities Any improvement issues associated with wireless communications would follow the requirements of FWCC Section 22-966, "Personal Wireless Service Facilities," and as such should be exempted from the requirements described herein. ~ Summary 1. The 25% trigger shall be unchanged. Analysis: Although municipalities differ in using various thresholds9 and it is widely acknowledged there is no perfect solution, the continued use of the 25% trigger appears to be a reasonable "middle ground"- It represents neither the highest nor the lowest threshold, and it would not appear to create a disincentive for improyements. Identifying exemptions and adding other factors in the 25 percent calculation will result in fewer requirements for business expansion. 2. Valuation of properties. The total assessed value of both land and improvements shall determine the threshold. Excepting that ifthe property is less than 100,000 square feet in size the assessed or appraised value of structures and property shall be used to determine the 25 percent ofthe assessed or appraised value. lethe property is greater than 100,000 square feet in size, the assessed or appraised value of structures only shall be used. Analysis: Our task was to develop a fair and equitable "cut-off' or base line below which both structures and property values would be used to determine the 25 percent calculation, and aboye which the value of structures only would be used in the 25 percent calculation. As demonstrated in the case studies'o matrix, and further described in the "Analysis of FWCC-EYC Recommendations: Case Studies" section above, the 'proposed 100,000 square footage trigger would reversc the current disincentive to smaller business and more equitably distribute the cost of improyements to both large and small businesses based upon their impact to the infrastructure. As shown in the case studies, larger businesses with greater monetary value have rarely reached the trigger. 9 See, "Comparison and Evaluation or Thresholds ror Washington Cities," above. 10 Sec Exhibit 4,. "Analysis or FWCC-EVC Task Forec Recommendations."' PC StalTReport Page 10 of 14 25% Trigger for Improvements In order to demonstrate the differences between lot size, frontage, and property value, we organized 115 subject parcels into categories based on lot size for analysis. The categories ranged from lots less than 10,000 square feet to lots over 750,000 square feet. The number of lots in each category, along with the average footage of street frontage, were plotted to detennine any correlation between lot size and frontage (see Average Frontage Per Lot Size graph in Exhibit 10). The average frontage increased with the increase in lot size, with the largest frontages in the 70,000 - 750,000 square foot range. Land and structures values were then averaged and plotted within each lot size category (see LandlBuilding Value Per Lot Size graph in Exhibit 10). Value increased gradually with increases in lot sizes until the 100,000 - 750,000 square foot lot size category was reached. Significantly, average property value increased dramatically beyond the. 100,000 square foot lot range- This became the definitive baseline, and consequently, was a logical threshold. The City's Geographical Infonnation System identifies 19,644 parcels within the City limits. Approximately 3.7 percent, or 731, haye more than 100,000 square feet. When considering only the nonresidential parcels, there are 932 parcels, 227 (24 percent) of which are Oyer 100,000 square feet. Although some inequities are unayoidable, the proposed threshold offers a reasonable and rational approach for the smaller business owner. If both land and structures are included, there will be a higher dollar amount target that must be reached to trigger improyements, thus they would not be unfairly penalized as the landowner could make more improyements than if the yalue was calculated on only the assessed yalue of the structure- Conyersely, the larger landowner, who could make considerable improvements under existing regulations before reaching the threshold, would be required, using the trigger yalue of the structure only, to contribute fair share." In other words, the threshold allows smaller property owners to further develop and improve their property without the disincentiye of required costly street frontage improyements, thereby achieving the goal of not continuing or creating disincentiyes, but achieving a fair and equitable growth enyironment. The utilization of the property square footage threshold allows reasonable redevelopment, upgrades, and/or expansion, but recognizes the obligation of a property owner who benefits from improvements to his property to participate in mitigating the increased impacts to the existing infrastructure- 3- Tenant improvements are exempted, excepting those improvements that increase the floor area. Analysis: There is a direct correlation between improyements that increase the size or intensity as measured by increased traffic trip generation, and the impact on the surrounding road network. In order to prevent unforeseen inefficiencies in a public system it is rational, and prudent, to require that expansion of use requires a requisite "fair share" contribution. TIle proposed exemptions allow for redevelopment, upgrades, and/or expansions that do not allow the traffic-generating intensity of the II Sec Exhibit 4, "Analysis ofrWCC-EYC Recommendations: Case SlUdies." PC StaffRcport Page II ofl4 25% Trigger for Improvements use to incrcasc significantly. Howcvcr, othcr cxpansions that do increase thc tramc- gcnerating intcnsity would remain subje~t to the 25 percent provision. 4. All strcct f,'ontagc improvcments, to be absorbed by the landowner, shall be calculated based on the city's proportioned amount excluding federal, state, and county contributions. Analysis: See "Analysis of Task Force Recommendations," above. Should the City obtain funding from federal or state sources, the landowner will not be additionally assessed for improvements to be provided through those sources. In cases where funding is obtained, the property owner should contribute a proportionate share toward establishing any remaining unfunded improvements if the 25 percent threshold is triggered. 5. The law does not permit that the landowner shall be given the opportunity to spread the cost of the assessment over time, when practical. Analysis: Although utilities possess the ability to charge fees for the use of their infrastructure, frontage and road systems do not legally posses this ability." 6. Staff is recommending an additional exemption of façade improvements. Analysis: Improving the front ofthe building does not in itself impact traffic. When façade improvements are proposed, the City's design guidelines may also require other site improvements, such as landscaping or parking. The recommended language for this code amendment waives the façade improvement and any additional site improvements required as part of the facade improvement from the 25 percent calculation. II REASON FOR PLANNING COMMISSION ACTION FWCC Chapter 22, "Zoning," Article IX, "Process VI Review," establishes a process and criteria for zoning code text amendments. Consistent with Process VI reyiew, the role of the Planning Commission is as follows: To review and evaluate the zoning code text regarding any proposed amendments; To determine whether the proposed zoning code text amendment meets the criteria provided by FWCC Section 22-528; and To forward a recommendation to City Council regarding adoption of the proposed zoning code text amendment. III PROCEDURAL SUMMARY May 16,2001: Official request(s) to City Council to revicw 25 percent threshold improvements " See, "Analysis orTask Force ReC()mmendations," above. PC Staff Report Pagcl2oft4 25% Trigger for Improvements October 13,2001: October 29, 2001: December 5, 2001: January 2002: February 2002: IV DECISIONAL CRITERIA Determination of Nonsignificancc pursuant to State Environmental Policy Act (SEPA) End ofSEPA Comment Period Planning Commission Meeting Proposed Land Userrransportation Committee Meeting Proposed first and second reading of Ordinance by full City Council 'FWCC Section 22-528 proyides criteria for zoning text amendments. The following section analyzes the compliance of the proposed zoning text amendment with the criteria provided by FWCC Section 22-528. The City may amend the text of the FWCC only if it finds that: 1. The proposed amendment is consistent with the applicable provisions of the comprehensive plan. The proposed FWCC text amendments are consistent with, and substantially implement, the following Federal Way Comprehensive Plan goals and policies: LUGi LUPl LUG6 improve the appearance andfunction of the built environment. Integrate and coordinate construction of public infrastructure with private development 10 minimize costs wherever possible. Transform Commercial Business areas into vital, attractive, mixed- use areas that appeal to pedestrians and enhance the community's image. 2- The proposed amendment bears a substantial relationship to public health, safety, or welfare. The proposed FWCC text amendments will result in an improyed environment by providing for upgrading of substandard streets through a fair and equitable process. Substandard street pose function and public safety-related risks to the community, such as the lack of pedestrian continuity, the absence of access control, uncontrolled parking configurations, loss of opportunities for coordinated storm water treatment and conveyance, and the lack of consistent and/or appropriate street lighting, which have a direct relationship to the public health, safety, and welfare. 3. The proposed amendment is in the best interest of the residents oCthe city. The proposed FWCC text amendment will enhance the community and will contribute to economic vitality, through a fair and equitable means of assessing adjoining property owners for their fair share of cost, resulting in increased efficiency and effectiveness of City resources. PC Sl3ffReport Page 13 of 14 25% Trigger for Improvements v PLANNING COMMISSION ACTION Consistent with the provisions ofFWCC Section 22-539, the Planning Commission may take the following actions regarding the proposed zoning code text amcndments: I. 2. 3. 4. Recommend to City Council adoption of the FWCC text amendments as proposed; Modify the proposed FWCC text amendments and recommend to City Council adoption of the FWCC text amendments as modified; Recommend to City Council that the proposed FWCC text amendments not be adopted; or Forward the proposed FWCC text amendments to City Council without a recommendation. VI STAFF RECOMMENDATION The following motion is suggested: Move to recommend to the City Council for adoption of the proposed FWCC text amendments relating to 25% Frontage Improvements. (If changes occur as a result of Planning Commission deliberations add, "---as amended by the Planning Commission.") VII EXHIBITS Exhibit I: Exhibit 2: Exhibit 2a: Exhibit 3: Exhibit 4: Exhibit 5: Exhibit 6: Exhibit 7: Exhibit 8: Exhibit 9: Exhibit 10: Exhibit II: Exhibit 12: FWCC Chapter 22, Article XVI. "Improvements," Sections 22-1471 to 15.44 Correspondence from Federal Way Chamber, October 11, 2000 Correspondence from Federal Way Chamber, May 16,2001, to Federal Way Planning Commission Memorandum from Cary M. Roe, P.E_, Public Works Director, Regarding Street Frontage Policies, Memorandums, Spreadsheets IdentifYing Parcels, Land Value, etc. Analysis of FWCC-EV 25% Task Force Recommendations RCW 35.72.0 I 0-{)40 RCW 35.68_010-{)80 RCW 35.21.225-315 RCW 36_73_030-900 Analysis: Local Context and Analysis: Criteria LandfBuilding Value Per Lot Size Graph Mcmorandum to Planning Commission, Follow Up Questions from August Workshop Draft Ordinance with Attachment of Proposed Code Rcvisions PC S13tfReport IIDOCUMEIffi2W. Triesa Am""'m""""'" PC "" SuIT""""""", Page 14 of 14 25% Trigger for Improvements