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Council PKT 02-17-2004 Regular æu-I~ I ~ Federal Way City Council Meeting AGENDA CO UN CILMEMBERS Dean McColgan, Mayor Jeanne Burbidge Jack Dovey Eric Faison Jim Ferrell Linda Kochmar Mike Park CITY MANAGER David H. Moseley Office of the City Clerk February 17, 2004 I I. II. III. a. b. c. d. e. f. g. h. 1. IV. V. AGENDA FEDERAL WAY CITY COUNCIL Regular Meeting Council Chambers - City Hall February 17,2004 - 7:00 p.m. (www.cityoffederalway.com) * * * * * CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE PRESENTATIONS Proclamation/Literacy Month Human Services Commission Introductions/Certificates of Appointment Human Services Commission! Appreciation Plaque (outgoing commissioner) Officer of the Year Police Support Services Association Award PSO Achievement Certificate Swearing-In Ceremony/Police Officers Introduction of New Employees/City Manager Emerging Issues/City Manager 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 and state your name for the record. PLEASE LIMIT YOUR REMARKS TO THREE (3) MINUTES. The Mayor may interrupt citizen comments that continue too long, relate negatively to other individuals, or are otherwise inappropriate. CONSENT AGENDA Items listed below have been previously reviewed by a Council Committee of three members and brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. b. Minutes/February 3, 2004 Regular Meeting Vouchers Over please. . . I c. d. e. f. g. h. 1. J. k. 1. m. VI. VII. VIII. IX. X. Preliminary Quarterly Financial Report/December 2003 Grant Funding for Transportation Improvement Projects 8th Ave So at So 3lih St Signal Improvement ProjectlFinal Project Acceptance & Authorization to Release Retainage Litter Removal Contract Police Evidence Building 457 Deferred Compensation Plan Changes - Resolution Proposed VoiceStream (T-Mobile) Site Lease Agreement/Panther Lake Armstrong and Thompson Properties/Approval of Preliminary Design Kenneth Jones Pool Fees and Charges Community Center 2% for Public Art Program Reebok Contract CITY COUNCIL BUSINESS Agreement between Central Puget Sound Regional Transit Authority and City of Federal Way for Future Development of Transit-Oriented Development at the Federal Way Transit Center (itempostponedfrom January 20, 2004 Regular Council Meeting) CITY COUNCIL REPORTS CITY MANAGER REPORT EXECUTIVE SESSION Potential LitigationlPursuant to RCW 42.30.110(1 )(i) ADJOURNMENT * * THE COUNCIL MA Y 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" -- I MEETING DATE: February 17,2004 ITEM# ~¿L) CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES CATEGORY: BUDGET IMP ACT: ~ CONSENT 0 RESOLUTION 0 CITY COUNCIL BUSINESS 0 ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ATTACHMENTS: Draft minutes ofthe City Council regular meeting held on February 3,2004. SUMMARYIBACKGROUND: Official City Council meeting minutes for permanent records pursuant to RCW requirements. CITY COUNCIL COMMITTEE RECOMMENDATION: nla PROPOSED MOTION: I move approval of the minutes of the City Council regular meeting held on February 3,2004. CITY MANAGER APPROVAL: ~....... (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 T ABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 FEDERAL WAY CITY COUNCIL Council Chambers - City Hall February 3, 2004 - 7:00 p.m. Regular Meeting Q\t~~"\ Minutes 1. CALL MEETING TO ORDER Mayor McColgan called the regular meeting of the Federal Way City Council to order at the hour of7:05 p.m. Councilmembers present: Mayor Dean McColgan, Deputy Mayor Linda Kochmar, Councilmembers Jack Dovey, Eric Faison, Jim Ferrell, and Mike Park. Staff present: City Manager David Moseley, City Attorney Pat Richardson, and Deputy City Clerk Stephanie Courtney. Mayor McColgan excused Councilmember Burbidge absence. II. PLEDGE OF ALLEGIANCE Merle Pfiefer, a local business owner, led the flag salute. COUNCILMEMBER DOVEY MOVED TO AMEND TONIGHTS AGENDA TO ADD "SOUND TRANSIT -TRANSIT CENTER DISCUSSION" UNDER COUNCIL BUSINESS ITEM (B); COUNCILMEMBER FERRELL SECOND. The motion passed as follows: Burbidge Dovey Faison Ferrell excused yes yes yes Kochmar McColgan Park yes yes yes III. PRESENTATIONS a. Steel Lake Management District Committee IntroductionslCertificates Councilmember Dovey read and presented the certificates of appointment to Steel Lake Management District Committee members Margaret Reyhner, Tom Dezutter, Monte Decker, Monica Nelson, Bill Linehan, and Robert Sowders. Those members who were not in attendance will receive their certificates at the their next Committee meeting. Federal Way City Council Regular Meeting Minutes February 3, 2004 - Page 2 of 7 b. Arts Commission Introductions/Certificates Mayor McColgan read and presented certificates of appointment to Arts Commissioners Lana Bostic, Lori DeVore, Iris Marshall, Fran Voiles, Louise Koetters, and Rose Johnson. Those commissioners and alternate commissioner who were not able to attend tonight will be given their certificates at the next Commission meeting. c. Arts Commission! Appreciation Plaque (outgoing commissioner) Mayor McColgan recognized former Arts Commissioner Alan Smith and presented him with a plaque of appreciation for all his service and dedication to the community through his many years on the Arts Commission. Mr. Smith thanked Mayor McColgan and the Council for their support and noted it was a pleasure working on the commission; he further encouraged citizens to volunteer. d. Introduction of New EmployeeslCity Manager City Manager David Moseley announced there were no new employees to introduce. e. Emerging Issues/City Manager City Manager David Moseley noted there were no emerging issues to discuss tonight. IV. CITIZEN COMMENT Casey Treat, urged Council to move forward in approval of the new Christian Faith Center project. He noted there have been many delays and cost increases during the application of this project. Jim Prinzing, General Manager of Marie Calendar's Restaurant in Federal Way, spoke against the downtown Transit Center project. Bob Rawlings, spoke in support of the Oversized Vehicles Ordinance on tonight's agenda, and thanked Community Development Administration Assistant Tina Piety for all her work in contacting citizens regarding this issue. Marie Sclacqua, spoke in support of the Oversized Vehicle Ordinance on tonight's agenda and commended Code Compliance Officer Martin Nordby, the Planning Commission and City Council for their review of this item. Federal Way City Council Regular Meeting Minutes February 3, 2004 - Page 3 of 7 Scott Chase, spoke in support of the Oversized Vehicle Ordinance on tonight's agenda, he was pleased with the great deal of participation and input for the citizens on the wording or the ordinance. Stacy Keen, noted as a resident and small business owner, she strongly urges the Council to reconsider the Transit Center location, and not place it in a downtown, retail center. Dan Casey, opposes the Federal Way Transit Center in the downtown core, and asked the City Council to be firm with Sound Transit and the agreement made with the Transit Oriented Development (TOD). Kathy Nulsin, homeowner in Chelsea Court, spoke in opposition to the Transit Center location; she noted there would be increased traffic, noise, and pollution in her neighborhood due to the Transit Center. Dave McKenzie, spoke in opposition to allow the Christian Faith Center to build at the proposed site. Cindy Yohann, strongly disagrees with statements made regarding the Transit Center, and the assumption that traffic levels wouldn't have a significant increase. She asked the Council to reconsider the location. H. David Kaplan, read a letter he sent to the editor to clarify misinformation regarding a Twin Lakes Detention pond facility. He noted the detention pond would be AT Twin Lakes and not FOR Twin Lakes. v. CONSENT AGENDA a. b. Minutes/January 20, 2004 Regular Meeting -Approved Council Bill #337/0versize Commercial Vehicles Code Amendment- Enactment Ordinance-Approved Ordinance #04-457 Council Bill #338/Code Amendment Updating Chapter 6, Criminal Code- Enactment Ordinance-Approved Ordinance #04-458 City Hall 2% for Art-Artist Selection-Approved c. d. DEPUTY MAYOR KOCHMAR MOVED APPROV AL OF THE CONSENT AGENDA AS PRESENTED; COUNCILMEMBER PARK SECOND. Councilmember Dovey pulled item (b)/Council Bill #337/0versized Commercial Vehicles Code Amendment/Enactment Ordinance. Federal Way City Council Regular Meeting Minutes February 3, 2004 - Page 4 of 7 The main motion to approve Consent Agenda items (a), (c), and (d), passed as follows: Burbidge Dovey Faison Ferrell excused yes yes yes Kochmar McColgan Park yes yes yes Consent Agenda Item (b)/ Council Bill #337/0versized Commercial Vehicles Code AmendmentlEnactment Ordinance: Councilmember Dovey stated he was still against this ordinance and believes it is over legislating. COUNCILMEMBER PARK MOVED APPROV AL OF COUNCIL BILL #337/0VERSIZED COMMERCIAL VEHICLES CODE AMENDMENT AS PRESENTED; COUNCILMEMBER FAISON SECOND. The motion passed 5-1 as follows: Burbidge Dovey Faison Ferrell excused no Kochmar McColgan Park yes yes VI. CITY COUNCIL BUSINESS a. Human Services Commission Appointments yes yes yes Councilmember Ferrell thanked the many applicants who took time to apply and be interviewed for the Commission. He was pleased with the quality of applicants, and encouraged citizens to become involved. COUNCILMEMBER FERRELL MOVED TO APPOINT RON SECRETO, LEONARD WILLIAMS, AND JULIE GRANT AS HUMAN SERVICES COMMISSIONERS AND TO FURTHER APPOINT NANCY ROBERTSON, ROGER FREEMAN, AND DEANNA HEINRICH AS ALTERNATE COMMISSIONERS; COUNCILMEMBER PARK SECOND. The motion passed as follows: Burbidge Dovey Faison Ferrell excused yes yes yes Kochmar McColgan Park yes yes yes Federal Way City Council Regular Meeting Minutes February 3, 2004 - Page 5 of 7 b. Sound Transit - Letter to Sound Transit Board Councilmember Dovey read aloud a draft letter to John Ladenburg, Chair of the Sound Transit Board. The letter notes concerns raised by citizens and requests a meeting with the Sound Transit Board to discuss such matters. COUNCILMEMBER DOVEY MOVED APPROVAL OF THE DRAFT LETTER TO BE SIGNED AND SENT TO THE SOUND TRANSIT BOARD; COUNCILMEMBER PARK SECOND. Councilmember discussed the need to talk with the Sound Transit Board to discuss issues in a constructive manner, and have further collaborative discussions in moving forward. Councilmember noted the Transit Oriented Development is on the February 1 ih Council Agenda and it would be preferred to speak with the Board prior to that meeting. The motion passed unanimously as follows: Burbidge Dovey Faison Ferrell excused yes yes yes Kochmar McColgan Park yes yes yes VII. CITY COUNCIL REPORTS Councilmember Ferrell thanked the applicants for the Human Services Commission vacancies. He thanked all the volunteers who are waiving signs in support of the school levy; and thanked Dave Kaplan for his response in the newspaper on the misinformation of the Twin Lakes Retention Pond. Councilmember Park had no report this evening. Councilmember Dovey thanked the citizens who came to voice their opinions at tonight's meetings. Councilmember Faison noted as Chair of the Finance/Economic Development/Regional Affairs Committee, where the committee traditionally meets once a month, a second meeting has been added to focus mainly on Economic Development. He also noted there will be community meetings in neighborhoods, anyone interested should call the City Managers Office for details. Deputy Mayor Kochmar noted she will be attending the Airport Communities Coalition meeting, and reported her attendance at the A WC Conference in Olympia where Federal Way City Council Regular Meeting Minutes February 3, 2004 - Page 6 of 7 Councilmembers met with legislators to discuss issues affecting our community. She encouraged citizens to attend some of the upcoming events in the community. Mayor McColgan noted he and fellow Councilmember met with State Legislators to discuss among other issues, Sales Tax Streamlining which would realize internet sales and "ship to" sales. He reported the city is loosing sales tax revenue from both of these types of sales, and would like to see more discussion on this item. He also noted he would be delivering the State of the City Address tomorrow at the Chamber luncheon, where he will report on the new projects and challenges. VIII. CITY MANAGER REPORT City Manager David Moseley reported on behalf of Councilmember Burbidge, the next meeting of the Parks, Recreations, Human Services, Public Safety Committee meeting would be February 8th at 5:00 p.m. at City Hall. He also noted the next Land Use/Transportation Committee would be rescheduled, due to the holiday, to February 1 ih at 5:30 p.m. before the regular Council meeting. Mr. Moseley noted his attendance at the A WC conference in Olympia, he thanked Senator Eide, and Representative Miloscia and Representative Priest for taking time out of their busy schedules to meet and discuss Council's concerns with them. He encouraged everyone to attend the Human Services Commission Forum on February 23rd at 4:00 p.m. at the Northwest Church on 21 5t Ave. City Manager David Moseley encouraged citizens to attend a public meeting with Norie Sato, the chosen artist for the public art for the new City Hall and Community Center. The meeting will be held February 8th at 7:00 p.m. in Council Chambers. He further reminded Council the need for Executive Session for the purpose of discussing Potential LitigationlPursuant to RCW 42.30.110(1 )(i); and Property Acquisition/Pursuant to RCW 42.30.110(1 )(b); for approximately thirty minutes with no action anticipated. IX. EXECUTIVE SES SI ON At 7:57 p.m. Mayor McColgan announced the Council would recess into Executive Session for the purpose of discussing Potential Litigation/Pursuant to RCW 42.30.110(1 )(i); and Property Acquisition/Pursuant to RCW 42.30.110(1 )(b); for approximately thirty minutes with no action anticipated. a. Potential LitigationlPursuant to RCW 42.30.110(1 )(i) Federal Way City Council Regular Meeting Minutes February 3, 2004 - Page 7 of 7 b. Property Acquisition/Pursuant to RCW 42.30.110(1 )(b) Council returned to Chambers at 8: 19 p.m. x. ADJOURNMENT There being no further business to come before the Federal Way City Council, the Mayor adjourned the regular meeting at 8: 19 p.m. Stephanie Courtney, CMC Deputy City Clerk MEETING DATE: \:3-~ I 7 laHul"y 21,2004 ITEM# :IZ:~) CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: VOUCHERS CATEGORY: BUDGET IMPACT: ~ CONSENT 0 RESOLUTION 0 CITY COUNCIL BUSINESS 0 ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $2,496,696.82 $2,496,696.82 $ ATTACHMENTS: VOUCHER LIST SUMMARYIBACKGROUND: I, the undersigned, do hereby certify under penalty of perjury that the materials have been furnished, the services rendered, or the labor perf¡ ed as described herein and that the claims are just and due obligations against the City of Federal ay, W shingto d t m authorized to authenticate and certify said claims. CITY COUNCIL COMMITTEE RECOMMENDATION: Approve attached vouchers pursuant to RCW 42.24 PROPOSED MOTION: I move approval of Vouchers. CITY MANAGER APPROVAL: ~f (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 - 05/1012001 CITY OF Federal Way MEMORANDUM Date: January 21, 2004 To: Finance, Economic Development & Regional Affairs Committee From: Via: Tho Kraus, Finance Manager David Moseley, City Manager Subject: Vouchers Action Requested: Accept the vouchers and forward to the Feb 17, 2004 Council meeting for approval. ÁPPROV AL OF COMMITTEE ACTION: k:\fin\acctspay\checkrun\mfr cover.doc (;1 apChkLst 12/17/2003 6:21 :32PM Bank: key us bank Check # Date Vendor C~1)lJ3 ) Final Check List CITY OF FEDERAL WAY Page: 1 Invoice 176579 12/15/2003 007238 PETTY CASH: JURY FEES 12/15/03 Voucher: 176579 176580 12/16/2003 002024 PETTY CASH-WITNESS FEES 12/15/03 Voucher: 176580 176581 12/17/2003 006241 PETTY CASH-POLICE DEPT PS-12/8/03 Voucher: 176581 176582 12/18/2003 002899 ADOLFSON ASSOCIATES INC2003005-006 Voucher: 176582 2003005-005 (j) 176583 12/18/2003 000007 BOISE OFFICE SOLUTIONS 792958 Voucher: 176583 686136 ~ 686809 825450 685690 857079 596389 567255 856987 BOOKS 176584 12/18/2003 007788 BORDERS BOOKS & MUSIC Voucher: 176584 176585 12/18/2003 000414 CAFE PACIFIC CATERING IN 7475 Voucher: 176585 176586 12/18/2003 005208 COMMERCIAL CARD SERVI NOV 2003 Voucher: 176586 176587 12/18/2003 000063 CORPORATE EXPRESS OFF NOV 2003 Voucher: 176587 176588 12/18/2003 005253 US BANCORP Voucher: 176588 176589 12/18/2003 005254 U S BANCORP Voucher: 176589 176590 12/18/2003 006853 WAHl, PRAN Voucher: 176590 520662 12/16/2003 000061 WA STATE REVENUE DEPAR 601-223-5385 Voucher 520662 NOV 2003 NOV 2003 CA 76065 Inv Date Description 12/15/2003 PETTY CASH- JURY FEES 12/15/2003 MSF- WITNESS FUND PETT 12/9/2003 PS-REIMB:VANCOUVER BEN 11/13/2003 PK/PL-10/9 WTLND BIOL SVC 11/13/2003 PK/PL-9/18-WTLND BIOLST S 11/17/2003 NOVEMBER 2003 BOISE OF 11/10/2003 NOVEMBER 2003 BOISE OF 11/10/2003 NOVEMBER 2003 BOISE OF 11/19/2003 NOVEMBER 2003 BOISE OF 11/10/2003 NOVEMBER 2003 BOISE OF 11/20/2003 NOVEMBER 2003 BOISE OF 11/4/2003 NOVEMBER 2003 BOISE OF 11/3/2003 NOVEMBER 2003 BOISE OF 11/20/2003 NOVEMBER 2003 BOISE OF 12/16/2003 CM-2003 DIVERSITY COMM B 12/15/2003 PWA-12/18 CATERING SVCS 11/28/2003 MSF-NOV03-CITY VISA CHAR 11/30/2003 NOV 2003 CORP EXPRESS 0 12/5/2003 (NOV03) CITY VISA CHARGE 12/5/2003 PS-(NOV03)CITY VISA CHARC 11/24/2003 MC-(11/24/03)INTERPRETER : 12/16/2003 MSF-NOV03-REMIT B&O TAX Amount Paid 315.29 333.04 183.49 2,875.29 674.71 70.18 44.86 25.75 25.63 15.03 12.46 3.40 2.15 -12.19 1,039.00 174.88 4,351.03 3,081.69 1,630.17 815.12 120.00 13,888.08 Check Total 315.29 333.04 183.49 3,550.00 187.27 1,039.00 174.88 4,351.03 3,081.69 1,630.17 815.12 120.00 13,888.08 Page: 1 apChkLst 12/17/2003 6:21 :32PM Final Check List CITY OF FEDERAL WAY Page: 2 Sub total for us bank: 29,669.06 Q -e:. Page: 2 apChkLst 12/17/2003 6:21:32PM Final Check List CITY OF FEDERAL WAY Page: 3 13 checks in this report. Grand Total All Checks: 29,669.06 ()1 V, Page: 3 apChkLst 12/17/2003 6:21:32PM Final Check List CITY OF FEDERAL WAY Page: 4 Void Checks Bank code: key (none) Q ç' Page: 4 apChkLst 12/31/2003 11 :20:35AM (~oO3) Final Check List CITY OF FEDERAL WAY Page: 1 Bank: key us bank 176591 12/18/2003 000120 PUGET SOUND CLEAR AIR A 200300012 Voucher: 176591 176592 12/19/2003 002807 SADRI, MEHDI Voucher: 176592 176593 12/23/2003 002024 PETTY CASH-WITNESS FEES 12/22/03 Voucher: 176593 176594 12/23/2003 007238 PETTY CASH: JURY FEES 12/22/03 Voucher: 176594 176595 12/23/2003 000302 KING COUNTY RECORDS&EL 02-53712 Voucher: 176595 ~ 176596 12/31/2003 005659 A HIGHER PLANE \) ) Voucher: 176596 ......J 176597 12/31/2003 000332 ABC LEGAL MESSENGERS I 0071379-1 Voucher: 176597 176598 12/31/2003 007177 ABLE COMMUNICATIONS Voucher: 176598 176599 12/31/2003 004234 ABT TOWING OF FEDERAL W7705 Voucher: 176599 176600 12/31/2003 001856 ACTION SERVICES CORPORJ46758 Voucher: 176600 176601 12/31/2003 000109 ACTIVE SECURITY CONTROL 13402 Voucher: 176601 176602 12/31/2003 007318 ADVANCED SAFETY & FIRE S 106141 Voucher: 176602 176603 12/31/2003 005567 ALBRECHT & COMPANY Voucher: 176603 176604 12/31/2003 007720 AMDAHL, DREW EXCEL 2 &3 Voucher: 176604 12/11/03 176605 12/31/2003 003645 AMERICAN JANITORIAL SVC 3150 Voucher: 176605 3151 3152 01139A 01405A Check # Date Vendor 176606 12/31/2003 003129 AMS LASER SUPPLY Voucher: 176606 Invoice SADRI 12/10/03 CA 31202 641208 Inv Date Description Amount Paid Check Total 11/20/2003 PWST:CLEAN AIR ASSMNT # 150.00 150.00 12/19/2003 MIS-LODGING-NOV INAAU C 1,039.59 1,039.59 12/22/2003 MSF-DEC 03 WITNESS FUN 464.20 464.20 12/22/2003 PETTY CASH- DEC 03 JURY F 484.78 484.78 10/24/2003 CD-KC RECORDING FEE WE: 104.00 104.00 12/10/2003 PRCS-KLCC GYM FLOOR SV 1,520.40 1,520.40 11/28/2003 LAW-MONTHLY SRV CHRG; I 96.00 96.00 12/3/2003 MC-(11/26-12/3)/NTERPRETE 608.00 608.00 12/9/2003 MSFLT --#250 TOWING SVCS 97.92 97.92 11/30/2003 AGOO-6C:(NOV03)STRT SWPt 2,961.20 2,961.20 12/11/2003 PKCP-LOCKSMITH SVCS 76.50 76.50 12/18/2003 PS-RECHARGE & MAINT EXT 50.86 50.86 12/11/2003 PS-VOLUNTEER SHIRTS 835.14 835.14 12/23/2003 MSF-EXCEL 2 & 3 CLASS RE 338.00 12/23/2003 MSF-12/11/03 PBLC FIN WRK: 100.00 438.00 12/7/2003 AGOO-50A:(NOV03) DBC JNT 4,562.34 12/7/2003 AGOO-50A:(NOV03) KFT JNTR 897.90 12/7/2003 AGOO-50A:(DEC03)PKM JNTR 547.50 6,007.74 12/9/2003 MSDP-PRINTER TONER 672.17 12/12/2003 MS/PS-PRINTER TONER- 555.80 1,227.97 Page: 1 apChkLst 12/31/2003 11 :20:35AM Final Check List CITY OF FEDERAL WAY Page: 2 Bank: key us bank (Continued) Check # Date Vendor Invoice 176607 12/31/2003 007823 ANDERSON, MABEL Voucher: 176607 176608 12/31/2003 005501 ANDREWS, AMY Voucher: 176608 176609 12/31/2003 005715 ARCH WIRELESS HOLDINGS IM6163838L Voucher: 176609 176610 12/31/2003 005822 ARMOR HOLDINGS FORENS F03-355821 Voucher: 176610 F03-358491 176611 12/31/2003 001233 AT&T BUSINESS SERVICE 051282815501 Vouche~ 176611 176612 12/31/2003000075 AT&T WIRELESS SERVICES 120405718 í:"""\ Voucher: 176612 \J J 176613 12/31/2003 000075 AT&T WIRELESS SERVICES 126837633 ~ Voucher: 176613 176614 12/31/2003 000575 ATTORNEYS' INFORMATION £58338 Voucher: 176614 176615 12/31/2003 004408 B HENRY SHOE REPAIR 1 Voucher: 176615 1113 176616 12/31/2003004128 BAGNELL INC 6115 Voucher: 176616 6359 176617 12/31/2003 002386 BAN HEGYI / PAWLAK, SUSANCA30901 Voucher: 176617 176618 12/31/2003 007479 BARKER RINKER SEACAT 4966 Voucher: 176618 176619 12/31/2003 000792 BARRY'S TRUCKING & LAND 165907 Voucher: 176619 176620 12/31/2003 007762 BEGINFINITE INC Voucher: 176620 176621 12/31/2003 002945 BEVERLY'S HAPPY KEYBOAR 12/7/03 Voucher: 176621 176622 12/31/2003 003440 BILL HATCH SPORTS Voucher: 176622 176623 12/31/2003 007809 BLACKNER, DONALD L Voucher: 176623 145083 CA31577 4654 93407 -00 94058-00 518718 Inv Date Description Amount Paid Check Total 12/19/2003 PKRCS-REFUND-RECREATI 5.00 5.00 12/16/2003 MC-(12/16/03)INTERPRETER: 40.00 40.00 12/2/2003 MSTEL-12/03/03-1/02/04 PAG 728.47 728.47 11/25/2003 PS-CRIME SCENE SUPPLIES 685.95 12/2/2003 PS-CRIME SCENE SUPPLIES 57.85 743.80 12/1/2003 MSTEL-LONG DISTANCE SV 24.18 24.18 12/2/2003 MSTEL-CELL AIR TIME- 356.63 356.63 12/12/2003 MSTEL-CELL AIR TIME- 26.00 26.00 11/30/2003 LAW-MONTHLY SRV CHRG; I 25.88 25.88 9/29/2003 PS-MOTORCYCLE BOOT REF 196.41 11/3/2003 PS-MOTORCYCLE BOOT REF 55.40 251.81 10/10/2003 CDED - PRINTING OF 1500 E 202.32 12/5/2003 PKKFT-PRINT PROGRAMS:H( 190.67 392.99 12/15/2003 MC-(12/15/03)INTERPRETER: 35.00 35.00 12/3/2003 AG03-73A:(11/03)COM CTR P 22,091.30 22,091.30 11/3/2003 PKMT/356TH PARKING LOT t\¡ 750.72 750.72 11/26/2003 MSDP-ALL GWAVA ENTERPR 4,514.40 4,514.40 12/7/2003 PKKFT-TUNE PIANO:HOLIDA 145.00 145.00 12/19/2003 PRCS-ATHLETIC SUPPLIES/ 185.92 12/19/2003 PRCS-ATHLETIC SUPPLIES/ 170.42 356.34 10/13/2003 PKMT-REIMB DON BLACKNEI 490.54 490.54 Page: 2 apChkLst 12/31/2003 11:20:35AM Final Check List CITY OF FEDERAL WAY Page: 3 Bank: key us bank (Continued) Check # Date Vendor Invoice 176624 12/31/2003 001630 BLUMENTHAL UNIFORM CO I 335025 Voucher: 176624 329643 334748 324471 334488 340334 337315 340077 334885 340350 340351 337382 336434 337622 336266 326372 337304 336432 339381 339772 335659 339382 338846 EMPLOY REIM ÇJ -i) 176625 12/31/2003 007820 BOOSER, DEBBIE Voucher: 176625 176626 12/31/2003 007776 CAFE DE PARIS Voucher: 176626 176627 12/31/2003 000414 CAFE PACIFIC CATERING IN Voucher: 176627 9262 7474 7457 7456 176628 12/31/2003 002351 CASCADE MOBILE MIX CONC17260 Voucher: 176628 176629 12/31/2003 005573 COW GOVERNMENT INC Voucher: 176629 KV61412 Inv Date Description 11/25/2003 PS-UNIFORMS & ACCESSORI 11/25/2003 PS-UNIFORMS & ACCESSORI 12/16/2003 PS-UNIFORMS & ACCESSORI 11/25/2003 PS-UNIFORMS & ACCESSORI 12/5/2003 PS-UNIFORMS & ACCESSORI 12/17/2003 PS-UNIFORMS & ACCESSOR! 12/17/2003 PS-UNIFORMS & ACCESSORI 12/16/2003 PS-UNIFORMS & ACCESSORI 11/25/2003 PS-UNIFORMS & ACCESSOR' 12/17/2003 PS-UNIFORMS & ACCESSORI 12/17/2003 PS-UNIFORMS & ACCESSORI 12/17/2003 PS-UNIFORMS & ACCESSORI 12/5/2003 PS-UNIFORMS & ACCESSORI 12/3/2003 PS-UNIFORMS & ACCESSORI 11/24/2003 PS-UNIFORMS & ACCESSORI 12/16/2003 PS-UNIFORMS & ACCESSORI 12/16/2003 PS-UNIFORMS & ACCESSORI 12/5/2003 PS-UNIFORMS & ACCESSORI 12/17/2003 PS-UNIFORMS & ACCESSORI 12/17/2003 PS-UNIFORMS & ACCESSORi 11/25/2003 PS-UNIFORMS & ACCESSORI 12/17/2003 PS-UNIFORMS & ACCESSORI 12/16/2003 PS-UNIFORMS & ACCESSORI 12/19/2003 MC-12/8/03-12/12/03 PER DI 12/17/2003 PRCS-FOOD-ARTS COMMISS 12/11/2003 CC-MARY GATES FAREWEL 12/9/2003 PKDBC-CATERING SVCS DA 12/9/2003 PKDBC-CATERING SVCS DA 12/10/2003 PKM-CONCRETE FOR PARK 12/9/2003 MSDP - WESTWAY LlGHTEI Amount Paid 854.68 652.80 652.80 497.22 431.94 420.89 211.40 117.18 100.00 100.00 . 100.00 91.88 90.25 89.60 81.55 48.96 24.48 16.32 14.14 14.14 10.83 7.07 3.48 199.80 . 180.99 2,698.49 190.40 63.14 293.76 538.93 Check Total 4,631.61 199.80 180.99 2,952.03 293.76 538.93 Page: 3 apChkLst 12/31/2003 11:20:35AM Final Check List CITY OF FEDERAL WAY Page: 4 Bank: key us bank (Continued) 176630 12/31/2003 004359 CENTURY SQUARE SELF-S 5371 Voucher: 176630 176631 12/31/2003 001481 CH2M HILL NORTHWEST INC 3448229 Voucher: 176631 176632 12/31/2003 005712 CHANG, JENNY CA30088 Voucher: 176632 CA78578 176633 12/31/2003 007443 CITIES INSURANCE ASSO OF 3873 Voucher: 176633 3846 3858 3887 3851 3898 \}') 3862 .-. 176634 12/31/2003 000142 CITY OF FED WAY-ADVANCE CK# 2099 0 Voucher: 176634 176635 12/31/2003 000951 CITY OF FEDERAL WAY Voucher: 176635 176636 12/31/2003 006380 CITY OF VANCOUVER Voucher: 176636 176637 12/31/2003 002640 CLASS SOFTWARE SOLUTIO M10383 Voucher: 176637 176638 12/31/2003 000650 COASTLINE TRACTOR Voucher: 176638 176639 12/31/2003 003752 COASTWIDE SUPPLY DBA Voucher: 176639 Check # Date Vendor 176640 12/31/2003 001127 COMMUNITY HEALTH CENT Voucher: 176640 176641 12/31/2003 002863 COMPLETE COLLISION CEN Voucher: 176641 Invoice 1FW AG03-102#5 109221 IN92154 T1296489 T1296489-3 T1296489-2 T1299858 T1296489-1 W1299427 1 QTR2003 2QTR2003 3QTR2003 4394 4457 Inv Date Description 12/16/2003 SWR-6 MONTHS STORAGE R 12/17/2003 AG03-152:(11/03) PAC HWY S 12/9/2003 MC-(12/9/03)INTERPRETER S 12/12/2003 MC-(12/12/03)INTERPRETER : 10/22/2003 MSR-DED REIMB 9/4/03 PIL 8/29/2003 MSR-DED REIMB 7/31/03 KE 9/25/2003 MSR-DED REIMB-9/4/03 PIL 11/4/2003 MSR-DED REIMB 10/15/03 W 9/15/2003 MSR-DED REIMB 7/31/03 KE 11/20/2003 MSR-DED REIMB 9/4/03 PIL 10/2/2003 MSR-DED REIMB 7/31/03 KE 12/3/2003 PS-DEC03-PRCT HMCD CN'F- 11/5/2003 AG03-194-RET HELD-FULLE 11/7/2003 AG03-102-RET HELD-MT ELE 12/9/2003 PS-RJUNKER TACTICAL LDR 11/1/2003 MSDP/PARKS: CLASS SOFTV' 12/9/2003 MSFL T-REPAIR/MAINT SVCS 12/9/2003 PRCS-KJP JANITORIAL SUP 12/12/2003 PRCS-KJP JANITORIAL SUP 12/11/2003 PRCS-KJP JANITORIAL SUP 12/18/2003 PKCHB-JANITORIAL SUPPLI 12/10/2003 PRCS-KJP JANITORIAL SUP 12/17/2003 MC-JANITORIAL SUPPLlES- 9/4/2003 AG03-188: 1 QTR2003-PRIMA 9/4/2003 AG03-188:2QTR03-PRIMARY I 10/16/2003 AG03-188:3QTR03-PRIMARY , 10/28/2003 MSR-LST DT 9/28/03 FILE#O 11/25/2003 MSR-LST DT 11/18/03 FILE # Amount Paid 577.50 13,616.44 35.00 35.00 3,078.26 2,750.00 1,000.00 1,000.00 209.63 117.85 83.50 364.40 8,980.00 8,511.10 50.00 109.37 286.38 241.48 173.91 127.32 122.15 109.37 20.80 3,975.00 3,975.00 3,975.00 1,365.98 141.98 Check Total 577.50 13,616.44 70.00 8,239.24 364.40 17,491.10 50.00 109.37 286.38 795.03 11,925.00 1,507.96 Page: 4 apChkLst 12/31/2003 11 :20:35AM Final Check List CITY OF FEDERAL WAY Page: 5 Bank: key us bank (Continued) Check # Vendor Date Invoice 176642 12/31/2003 004395 CONSOLIDATED ELECTRICA 0220-427642 Voucher: 176642 176643 12/31/2003 007816 COREY, PHD PC, DAVID M. 1167 Voucher: 176643 176644 12/31/2003 000721 CORLISS RESOURCES INC Voucher: 176644 176645 12/31/2003 005131 COSCO FIRE PROTECTION I Vouche~ 176645 176646 12/31/2003 700958 . CRORY, GEORGE P Voucher: 176646 176647 12/31/2003 007760 CULTURAL DVLPMT AUTHOR4CDA03006 \:j') Voucher: 176647 ..-. 176648 12/31/2003 007813 CUSTOM SPECIALITES COMF12636 - Voucher: 176648 176649 12/31/2003 007552 D J IMPRINTS Voucher: 176649 176650 12/31/2003 000939 DANONE WATERS OF NORT 6528264-15 Voucher: 176650 6630496-15 6530938-15 6528256-15 6528259-15 199 17665112/31/2003007397 DAVID A CLARK ARCHITECT Vouche~ 176651 176652 12/31/2003 007504 DCG II, LLC Voucher: 176652 176653 12/31/2003 006156 DESTINATION WIRELESS Voucher: 176653 0053117 0054657 0054035 0054036 18089 03-44460 00212383 5037201 8666 11016 8322 9264 8724 176654 12/31/2003 005341 DODD, ESCOLASTICA ROSA CA26845 Voucher: 176654 CA74964 CA30398 Inv Date Description 12/15/2003 PKJP-ELECTRICAL SVC 12/2/2003 PS-PSYCHOLOGICAL FITNE 12/1/2003 PWS-CONCRETE SUPPLIES 12/15/2003 PWS-CONCRETE SUPPLIES 12/9/2003 SWM-CRUSHED ROCK 12/9/2003 SWM-CRUSHED ROCK 9/21/2003 PKKFT-SPRINKLER SYSTEM. 12/8/2003 PS-REFUND TRAFFIC SCHOC 10/20/2003 PRCS-9/18/03-1 0/17/03-2% A 10/3/2003 PS-SAFE NEIGHBORHOOD H 12/1/2003 PRCS- UNIFORMS & CLOTHI 11/1/2003 PKDBC-WTR/CL RNTL ACCT 11/6/2003 PKJP- WTR CLR RNTL ACCTi 11/1/2003 PKRCS-WTR/CL RNTL ACCT 11/1/2003 PKKFT-WTR/CL RNTL ACCT# 11/6/2003 PKCP-WTR/CLR RNTL ACCn 12/11/2003 AG03-158-ARCH DSGN SVCS 12/11/2003 PWSCIP-LiGHT POLE RELOC 11/14/2002 PS-PHONE EQUI/REPAIR 11/14/2003 PS-PHONE EQUI/REPAIR 9/18/2002 PS-PHONE EQUI/REPAIR 2/12/2003 PS-PHONE EQUI/REPAIR 11/22/2002 PS-PHONE EQUI/REPAIR 12/9/2003 MC-(12/9/03)INTERPRETER S 12/12/2003 MC-(12/12/03)INTERPRETER : 12/16/2003 MC-(12/16/03)INTERPRETER : Amount Paid 20.39 2,237.50 308.72 245.13 54.40 54.40 228.48 75.00 2,640.00 212.47 632.28 138.89 31.11 12.79 10.44 6.00 263,520.08 2,493.59 113.35 50.00 35.00 30.00 20.00 140.00 90.00 80.00 Check Total 20.39 2,237.50 662.65 228.48 75.00 2,640.00 212.47 632.28 199.23 263,520.08 2,493.59 248.35 310.00 Page: 5 apChkLst 12/31/2003 11:20:35AM Final Check List CITY OF FEDERAL WAY Page: 6 Bank: key us bank (Continued) Check # Vendor Date Invoice ÇJ _. ~ 176655 12/31/2003 007827 DOWBIGGIN, CHRISTINE M 03-44427 Voucher: 176655 176656 12/31/2003 005842 DPK INC Voucher: 176656 176657 12/31/2003 007612 DRAKE, WILLIAM E Voucher: 176657 176658 12/31/2003007735 DYNAMIC TECHNOLOGIES I 004477 Voucher: 176658 176659 12/31/2003 000570 EAGLE TIRE & AUTOMOTIVE (1031238 Voucher: 176659 1031229 1031228 1031129 1031050 1031128 1031378 1031219 1031393 1031056 1031214 1031035 1031409 1031263 176660 12/31/2003 007585 EARTH TECH ENTERPRISES 1113003 Voucher: 176660 1028035 176661 12/31/2003001294 ECONOMIC DEVELOPMENT C11/19/03 Voucher: 176661 176662 12/31/2003 000343 ELEPHANT CAR WASH Voucher: 176662 176663 12/31/2003004905 ELSASSER, DENNIS Voucher: 176663 176664 12/31/2003 007811 EL Y A, DONALD Voucher: 176664 176665 12/31/2003007283 EMERALD AIRE INC Voucher: 176665 AG03-101#5 26699768 200 47050 JURY REIMB 44259 45268 Inv Date Description 12/8/2003 PS-REFUND TRAFFIC SCHOC 12/15/2003 AG03-101:(11/03) PAC HWY H 12/16/2003 PS-REIMB:UPS SHIPPING CO 12/2/2003 PS-LLEBG 2001-0CEAN RACf 12/13/2003 MSFL T-REPAIRS/TIRES 12/13/2003 MSFL T-REPAI RS/TI RES 12/13/2003 MSFL T-REPAIRS/TIRES 12/9/2003 MSFL T-REPAIRS/TIRES 12/4/2003 MSFL T-REPAIRS/TIRES 12/9/2003 MSFL T-REPAIRS/TIRES 12/22/2003 MSFL T-REPAIRS/TIRES 12/13/2003 MSFL T-REPAIRS/TIRES 12/22/2003 MSFL T -REPAI RS/TI RES 12/5/2003 MSFL T-REPAIRS/TIRES 12/12/2003 MSFL T-REPAIRS/TIRES 12/4/2003 MSFL T-REPAIRS/TIRES 12/23/2003 MSFL T-REPAIRS/TIRES 12/16/2003 MSFL T-REPAIRS/TIRES 12/1/2003 AG03-145:(DEC03)LNDSCP M 11/1/2003 AG03-145:(NOV03)LNDSCP M 12/9/2003 MC-MICHAEL PARK CONF. R 11/30/2003 PS-CAR WASH SERVICE 12/22/2003 PS-REIMB:FOOD:EXPLORER 12/17/2003 MC-JURY REIMB 12/17/03 & 1 7/3/2003 PKCHB/REPAIR HVAC;- 12/15/2003 CITYHALL-DEC03-HVAC SER Amount Paid 75.00 351,904.86 51.37 36,823.00 730.57 445.81 225.86 223.46 194.21 180.46 124.24 118.08 103.27 38.84 36.97 30.44 20.12 18.49 436.28 436.28 50.00 173.10 53.28 23.60 633.61 1 30. 56 Check Total. 75.00 351,904.86 51.37 36,823.00 2,490.82 872.56 50.00 173.10 53.28 23.60 764.17 Page: 6 apChkLst 12/31/2003 11 :20:35AM Final Check List CITY OF FEDERAL WAY Page: 7 Bank: key us bank (Continued) 176666 12/31/2003 002867 ENCHANTED PARKS INC Voucher 176666 176667 12/31/2003 000730 ENTRANCO INC Voucher: 176667 176668 12/31/2003 007803 EOD PERFORMANCE INC 040150 Voucher: 176668 176669 12/31/2003 000328 ERNIE'S FUEL STOPS (DBA) Voucher: 176669 176670 12/31/2003 002227 ETTINGER, ROBERT Voucher: 176670 176671 12/31/2003 004840 EVAC-EMERGENCY VEHICLE 102719 Voucher: 176671 102758 102759 145229 Check # Date Vendor ()) - VJ 176679 12/31/2003 002664 FLEX-PLAN SERVICES INC Voucher: 176679 176680 12/31/2003 001299 FORD GRAPHICS Voucher: 176680 Invoice 02-39430 45427 Inv Date Description 12/15/2003 PW-RFND BOND REL# PR 9/18/2003 PW-EXP:FED WAY TRANSIT ( 10/20/2003 PS-EQUPM DUAL INITATOR ( 0148660 12/11/2003 PS-(12/1 - 12/11) FUEL FOR V 962805 12/11/2003 MSFL T-FUEL FOR VEHICLES MILEAGE REIM 12/3/2003 PKDBC-9/12/03-12/3/03 MILE Amount Paid 3,678.25 250.70 432.50 3,813.84 1,124.12 143.75 133.06 83.23 47.87 100.00 615.00 1,529.12 14.16 14.16 14.16 14.16 59.10 345.00 168.24 106.24 86.32 333.50 292.10 422.88 309.74 Check Total 3,678.25 250.70 432.50 4,937.96 143.75 264.16 100.00 615.00 1,529.12 56.64 59.10 345.00 360.80 625.60 732.62 176672 12/31/2003 007824 EVANS, RICK Voucher: 176672 176673 12/31/2003 001748 EVERSON'S ECONO-VAC INC 026077 Voucher: 176673 176674 12/31/2003 007082 EXPANETS Voucher 176674 176675 12/31/2003 001297 FACILITY MAINTENANCE CO 137-012 Voucher: 176675 136-012 135-012 134-012 176676 12/31/2003 000217 FEDERAL EXPRESS CORPOR4-990-96525 Voucher: 176676 176677 12/31/2003 000229 FEDERAL WAY CHAMBER CO330 Voucher: 176677 176678 12/31/2003 004270 FEDERAL WAY MIRROR Voucher 176678 25108758 005256 005247 005186 52606 51622 2532797A 2536118 11/25/2003 PS-MISC REPAIR/SUPPLIES 12/10/2003 PS-MISC REPAIR/SUPPLIES 12/10/2003 PS-MISC REPAIR/SUPPLIES 12/22/2003 PKRCS-REFUND-RECREA TI 12/20/2003 PKM--STORM DRAIN CLEANI 12/4/2003 MIS-11/30/03-12/30/03 PBX MJ 12/15/2003 AG01-59A:(DEC03) PKS LND 12/15/2003 AG01-59A:(DEC03) PKS LND 12/15/2003 AG01-59A:(DEC03) PKS LND 12/15/2003 AG01-59A:(DEC03) PKS LND 12/5/2003 MSDP-DELIVERY SERVICES 12/17/2003 CM-FW MAP ADVERTISING 12/10/2003 MSGAC- NEWSPAPER ADS- 12/6/2003 CDPL-LEGALS- 11/12/2003 SWR- NEWSP ADS/LEGALS- 11/26/2003 MSHR-NOV 03 FLEX PLAN A 10/21/2003 MSHR-OCT 03 FLEX PLAN A 12/5/2003 PWTR-PRINTING SERVICES I 11/21/2003 PWSWM- RFB 03-111; PRI Page: 7 apChkLst 12/31/2003 11:20:35AM Final Check List CITY OF FEDERAL WAY Page: 8 Bank: key us bank (Continued) Check # Date Vendor Invoice 176681 12/31/2003 001669 FOSTER PEPPER & SHEFELM761599 Voucher: 176681 176682 12/31/2003 006028 FREEBORN LAW OFFICES P 12/15/03 Voucher: 176682 176683 12/31/2003 002870 FREEWAY TRAILER SALES I 026904 Voucher: 176683 176684 12/31/2003 007404 FULLER, MICHELLE M CA20551 Voucher: 176684 CA28002 176685 12/31/2003 004566 G&M HONEST PERFORMANC59062 Voucher: 176685 176686 12/31/2003 004578 GENE'S TOWING INC Voucher: 176686 ()) 176687 12/31/2003 002574 GRAHAM & DUNN, P.C. 211843 <:-- Voucher: 176687 ~ 176688 12/31/2003 007828 GUZMAN MARTINEZ, JOSE L 03-44447 Voucher: 176688 . 176689 12/31/2003 004204 HARTL P.S., COLLEEN A Voucher: 176689 176690 12/31/2003 007825 HAYMOND, MICHELE Voucher: 176690 176691 12/31/2003 007814 HINDI, ROBERT C Voucher: 176691 176692 12/31/2003 003256 HURLEY ENGINEERING COM B030800 Voucher: 176692 MD30781 176693 12/31/2003 001308 HUTTON, JOHN R DEC2003 Voucher: 176693 176694 12/31/2003 007806 I DEAL LLC Voucher: 176694 176695 12/31/2003 000016 IKON OFFICE SOLUTIONS 16604433 Voucher: 176695 16604434 176696 12/31/2003 002137 INLAND FOUNDRY SALES, IN 1477 Voucher: 176696 1554 1478CR 176697 12/31/2003 000223 INSTITUTE OF TRANSP ENGII223647 Voucher: 176697 253279 (ADJ) 12/15/03 145082 259 10002161A Inv Date Description Amount Paid Check Total 11/26/2003 AG02-95A:(OCT-NOV03)LEG 4,510.54 4,510.54 12/15/2003 MC-12/15/03 PRO TERM JUD 75.00 75.00 12/12/2003 MSFL T-VEHICLE REPAIRS/S 19.48 19.48 12/12/2003 MC-(12/12/03)INTERPRETER: 100.00 11/6/2003 MC-(11/6/03)INTERPRETER S 60.00 160.00 12/19/2003 MSFL T-REPAIR SUPPLIES 81.75 81.75 11/30/2003 MSR-TOWING-LST DT 11/3 10.91 10.91 12/18/2003 AG99-143D-NOV03-LGl SVC 1,230.81 1,230.81 12/17/2003 PS-REFUND TRAFFIC SCHOC 75.00 75.00 12/15/2003 MC-12/15/03 PRO TERM JUD 100.00 100.00 12/19/2003 PKRCS-REFUND-RECREATI 25.00 25.00 10/24/2003 PS-HINDI BATON CAP 130.00 130.00 12/16/2003 PKDBC-REPAIR BOilER 12/ 211.95 11/28/2003 PKDBC-REPAIR BOILER (11 211.95 423.90 12/22/2003 MSHR-(DEC03)SPIRIT AWAR 50.00 50.00 10/31/2003 PKlADM-COMMUNITY CENTE 1,500.00 1,500.00 12/5/2003 MSMD-(11/5-12/5/03)COPIES r 1,603.95 12/5/2003 MSDP 11/5-12/5/03 FAX MAC 199.25 1,803.20 11/24/2003 SWM-VANED GRATE 964.00 12/16/2003 SWM-VANED GRATE 146.88 11/24/2003 SWM-VANED GRATE -412.00 698.88 10/24/2003 PWTR-ZUKOWSKI; 2004 AN 224.00 224.00 Page: 8 apChkLst 12/31/2003 11:20:35AM Final Check List CITY OF FEDERAL WAY Page: 9 Bank: key us bank (Continued) Check # Date Vendor Invoice 176698 12/31/2003 003275 INTOXIMETERS INC Voucher: 176698 176699 12/31/2003 003211 IRON MOUNTAIN/SAFESITE I K011040 Voucher: 176699 176700 12/31/2003 005893 J & K PLUMBING INC Voucher: 176700 176701 12/31/2003 000799 JET CHEVROLET Voucher: 176701 176702 12/31/2003 007157 JONES & STOKES ASSOCIATI001~259 Voucher: 176702 0017260 176703 12/31/2003 005934 K P TRANSLATION SERVICE CA29951 Voucher: 176703 CA30387 CA29648 37-1 133332 5503 CTCS71785 ()) ~ 176704 12/31/2003 004397 KDD & ASSOCIATES PLLC Voucher: 176704 176705 12/31/2003 004765 KELLER, JAMES Voucher: 176705 176706 12/31/2003 005593 KETTELLS, TOM Voucher: 176706 176707 12/31/2003 007433 KING COUNTY DEPT OF TRA 35601 Voucher: 176707 176708 12/31/2003 000125 KING COUNTY FINANCE DIV 1281277 Voucher: 176708 176709 12/31/2003 001898 KING COUNTY FINANCE OFF 7330156 Voucher: 176709 176710 12/31/2003005568 KING COUNTY FLEET ADM DI202137 Voucher: 176710 202138 176711 12/31/2003 003898 KING COUNTY RADIO 303000 Voucher: 176711 40874 40819 40873 176712 12/31/2003 003137 KING COUNTY-TREASURY DI 926500029000 Voucher: 176712 6899930033 12/5/03 Inv Date Description 12/6/2003 PS-POLICE DEPT BREATHAL 11/30/2003 MSC- RECORDS STORAGE S 12/4/2003 PKDBC-REPAIR TOILET IN W 12/10/2003 MSFL T-REPAIR SERVICES 12/11/2003 AG03-190:(11/03)CITY CTR P 12/11/2003 AG03-146:(11/03)PLN ACTN/E 12/16/2003 MC-(12/16/03)INTERPRETER : 12/9/2003 MC-(12/9/03)INTERPRETER S 12/10/2003 MC-(12/10/03)INTERPRETER : 11/10/2003 PW-EXPR:WALLGREENS,LN 12/11/2003 PS-REPLACE MOTORCYCLE 12/5/2003 PS-T KETTELLS REIMB:RAN( 12/4/2003 AG03-204:2003/2004 CTR 1M 11/24/2003 AG03-161 :(DEC03)-I-NET SV 11/24/2003 CD/HS-3QTR03-LIQUOR EXC 12/2/2003 PKM-BOLLARD SUPPLIES 12/2/2003 SWMCIP-NOV 03 EROSION C 11/30/2003 MSTEL-RADIO SERVICES - 11/25/2003 MSTEL-RADIO SERVICES - 11/25/2003 MSTEL-RADIO SERVICES - 11/25/2003 MSTEL-RADIO SERVICES - 6/27/2003 SWM-926500-0290-00 PROPE Amount Paid 385.93 992.94 229.74 84.86 6,943.67 1,207.24 144.50 104.50 104.50 548.15 50.05 70.00 5,901.06 800.00 4,019.30 563.15 263.96 4,485.00 89.00 47.82 45.42 2,148.00 Check Total - 385.93 992.94 229.74 84.86 8,150.91 353.50 548.15 50.05 70.00 5,901.06 800.00 4,019.30 827.11 4,667.24 2,148.00 Page: 9 apChkLst 12/31/2003 11:20:35AM Final Check List CITY OF FEDERAL WAY Page: 10 Bank: key us bank (Continued) Check # Date Vendor Invoice 176713 12/31/2003000201 KINKO'S lNG, ACCOUNT #020 515100070789 Voucher: 176713 515100070911 515100070848 515100070859 515100070788 515100070941 515100070912 176714 12/31/2003000201 KINKO'S lNG, ACCOUNT #020 515100070871 Voucher: 176714 515100070905 176715 12/31/2003 000096 LAKE HAVEN UTILITY DISTRI 822402 Voucher: 176715 2814401 835902 2049903 888002 899802 460602 824102 888103 3336101 3278301 101 5303 2984001 896402 2832301 3200201 12080316 <JJ ~ ~' 176716 12/31/2003 004052 LAW ENFORCEMENT EQUIP Voucher: 176716 176717 12/31/2003 007050 LAW OFFICES OF HAL GEIE 22 Voucher 176717 176718 12/31/2003000630 LLOYD ENTERPRISES INC 68174 Voucher: 176718 68136 176719 12/31/2003 007331 MAIL ADVERTISING BUREAU 33437 Voucher: 176719 Inv Date Description 12/8/2003 PS-PRINTING SERVICES 12/18/2003 LAW-PRINTING SERVICES- 12/12/2003 PS-PRINTING SERVICES 12/12/2003 PS-PRINTING SERVICES 12/8/2003 PS-PRINTING SERVICES 12/23/2003 PKKFT-PRINTING SVCS 12/18/2003 LAW-PRINTING SERVICES C 12/15/2003 PWS-ROW LNDSCP RFB RE 12/18/2003 CM-PRINTING OF LEGISLATI 12/17/2003 PKM- UTILITIES 12/17/2003 PKM- UTILITIES 12/17/2003 PKJP- UTILITIES 12/12/2003 PKM- UTILITIES 12/17/2003 PKM- UTILITIES 12/17/2003 PKM- UTILITIES 12/12/2003 PKM- UTILITIES 12/17/2003 PKM- UTILITIES 12/17/2003 PKM- UTILITIES 12/12/2003 PWST- UTILITIES 12/12/2003 PWST- UTILITIES 12/30/2003 PKM- UTILITIES 11/12/2003 PWST- UTILITIES 12/9/2003 PKM- UTILITIES 12/17/2003 PKM- UTILITIES 12/9/2003 PKM- UTILITIES 12/17/2003 PWST- UTILITIES 11/24/2003 PS-SAFETY EQUIPMENT 12/5/2003 AG02-125A:12/5/03 PUBLIC D 12/10/2003 PWS-TOP SOIL- 12/8/2003 PWS-PRO GRO 12/18/2003 CM-POSTAGE ONLY WINTE Amount Paid 391.04 190.65 137.36 51.68 43.52 1.35 -47.67 380.73 224.89 715.39 681 .41 612.09 301.31 215.38 208.17 157.68 110.87 103.31 85.95 76.26 28.27 19.00 16.21 15.68 14.48 14.48 2,966.23 16,544.00 31.29 26.11 5,140.00 Check Total 767.93 605.62 3,375.94 2,966.23 16,544.00 57.40 5,140.00 Page: 10 apChkLst 12/31/2003 11 :20:35AM Final Check List CITY OF FEDERAL WAY Page: 16 Bank: key us bank (Continued) Check # Invoice Date Vendor 21006 176769 12/31/2003 004523 RXLASER INC Voucher: 176769 176770 12/31/2003 006657 S C I INFRASTRUCTURE LLC AG02-58#16 Voucher: 176770 176771 12/31/2003 005949 SO TECH/SPECIAL OPERATI 1431 Voucher: 176771 176772 12/31/2003 007831 SEWELL, DAVID B Voucher 176772 176773 12/31/2003 007783 SHARE IT! INC Voucher: 176773 (":'") 176774 12/31/2003 002231 SHELDON & ASSOCIATES IN 97218 \J " Voucher: 176774 97219 \J 97226 ~ 176775 12/31/2003 005313 SHRED-IT WESTERN WASHIt\10702550 Voucher: 176775 176776 12/31/2003 000056 SIR SPEEDY PRINTING CENTI33490 Voucher: 176776 30570 176777 12/31/2003 003593 SIRCHIE FINGERPRINT LAB I 0328906-IN Voucher: 176777 176778 12/31/2003 001014 SKCSRA-SOCCER REFEREE 11/8/03 Voucher: 176778 12/19/03 176779 12/31/2003 005993 SMITH, DANIEL 14380807 Voucher: 176779 EMPL REIMB 176780 12/31/2003 004963 SOUND PUBLISHING INC 014683 Voucher: 176780 014566 014599 014742 03-44480 4383843-A Inv Date Description 11/26/2003 MDSP-MICROFINE PRINTER' 12/8/2003 AG02-5BC:PAC HWY S HOV L 11/5/2003 PS-TASER HOLSTER 12/17/2003 PS-REFUND TRAFFIC SCHOC 12/9/2003 MSDP: ASSET TRACKER 500 11/30/2003 CDENPR:(11/03)CFC WETLA 11/30/2003 CDENPR:(11/03)LAKOTA CR 11/30/2003 CDPL-ENV REV:(11/03) STAR 12/12/2003 PS-SHREDDING SERVICES 12/17/2003 PWDS-PRNTG SVC STOP W 12/11/2003 MSC-PRINTING SERVICES 12/1/2003 PS-POLICE FINGERPRINTIN 11/8/2003 AG02-40:11/8/03 SOCCER RE 12/19/2003 AG02-40:12/19/03 SOCCER R 12/17/2003 SWM-MARINE BATTERIES F 12/19/2003 PW/SWM- 4 COOLERS FIELD 11/26/2003 MSHR-JOB ADVERTISEMENT 11/10/2003 MSHR-JOB ADVERTISEMENT 11/8/2003 MSHR-JOB ADVERTISEMENT 11/28/2003 MSHR-JOB ADVERTISEMENT Amount Paid 290.00 162,224.05 323.00 75.00 799.00 3,440.00 376.96 260.00 158.40 374.32 300.55 41.13 1,BOO.00 1,190.00 165.36 108.76 380.00 141.60 70.BO 54.00 Check Total 290.00 162,224.05 323.00 75.00 799.00 4,076.96 158.40 674.87 41.13 2,990.00 274.12 646.40 Page: 16 apChkLst 12/31/2003 11 :20:35AM Final Check List CITY OF FEDERAL WAY Page: 12 Bank: key us bank (Continued) Invoice Check # Date Vendor 176737 12/31/2003 006010 OWL FENCING INC Voucher: 176737 176738 12/31/2003 000112 PACIFIC COAST FORD INC FOCS98763 Voucher: 176738 176739 12/31/2003 003843 PACIFIC HARBORS COUNCIL 12/16/03 Voucher: 176739 176740 12/31/2003 004644 PACIFIC PLANTS INC Voucher: 176740 176741 12/31/2003 000920 PAPER DIRECT INC Voucher: 176741 176742 12/31/2003 001814 PARAMETRIX INC Voucher: 176742 ~ 176743 12/31/2003 006656 PETCO ANIMAL SUPPLIES I ~ I Voucher 176743 ;;; 176744 12/31/2003 007139 PETTIE, TONI Voucher: 176744 176745 12/31/2003 001166 PETTY CASH - KLAHANEE KLCC 122203 Voucher: 176745 176746 12/31/2003 007470 PETTY CASH - MGMT. SVC. 018297 Voucher: 176746 176747 12/31/2003 002557 PETTY CASH FUND-PARKS M PKM 12/19/03 Voucher: 176747 176748 12/31/2003 006241 PETTY CASH-POLICE DEPT PS 12/22/03 Voucher: 176748 176749 12/31/2003 005682 PLF INC Voucher: 176749 176750 12/31/2003 001174 PNBOA-PACIFIC NW BASKET 11933 Voucher: 176750 176751 12/31/2003003239 POCKET PRESS PUBLISHING 19618 Voucher: 176751 176752 12/31/2003 001612 POLLARD PRINTING GROUP 164493 Voucher: 176752 64624 63856 64108 1305 39303 39804 339585610101 10-30007 03-43837 122182 Inv Date Description 12/15/2003 PKM-REPAIR FENCE 12/12/2003 MSFL T-REPAIR/MAINT SVCS 12/16/2003 PS-POLICE EXPLORERS PO~ 11/6/2003 PWS-TREES FOR STREET T 12/18/2003 PKM-WHOLESALE TREES 12/15/2003 CM-CERTIFICATES & JACKE 12/9/2003 AG02-109:11/03 CHRISTIAN F 12/9/2003 AG02-113A:(NOV03)13 AVE S 12/3/2003 PS-K9 SUPPLIES DEX PROFOFFAPP1 9/19/2003 MSHR-EDUC ASSNT/TUITI 10239 12/22/2003 PRCS-FOOD FOR YOUTH CO 12/23/2003 PW/SWM-MEETING REFRE 12/19/2003 PKM-WORK PANTS/PROCT 12/22/2003 PS-REIMB:D!=SK LOCK & KEY 11/28/2003 PS-AGENCY BLUE LABLE FE 12/8/2003 AG02-110:12/11/03 BASKETB} 12/18/2003 PS-04 WA ST CRIMNEH COD 12/4/2003 MSHR-BUSINESS CARDS 12/15/2003 MSHR-BUSINESS CARDS 10/15/2003 MSHR-BUSINESS CARDS 11/6/2003 MSHR-BUSINESS CARDS Amount Paid 1,261.00 355.78 103.60 8,368.48 1,030.34 126.90 10,026.43 1,204.67 83.70 264.60 189.45 260.14 60.99 176.59 943.00 1,280.00 412.44 254.33 226.74 184.46 160.06 Check Total 1,261.00 355.78 103.60 9,398.82 126.90 11,231.10 83.70 264.60 189.45 260.14 60.99 176.59 943.00 1,280.00 412.44 825.59 Page: 12 apChkLst 12/31/2003 11:20:35AM Bank: key us bank Check # Date Vendor Final Check List CITY OF FEDERAL WAY Page: 13 (Continued) Invoice Inv Date Description 12/28/2003 PW-RET REL AG02-52 POTE Amount Paid 25,389.87 Check Total 25,389.87 176753 12/31/2003 006218 POTELCO, INC. AG02-52 Voucher: 176753 176754 12/31/2003 000049 PRESTON GATES & ELLIS LL 18282-00020 Voucher: 176754 12/12/2003 COMM CTR BOND ISSUE CO 22,000.00 22,000.00 \)) -... ~ Page: 13 apChkLst 12/31/2003 11 :20:35AM Final Check List CITY OF FEDERAL WAY Page: 14 Bank: key us bank (Continued) Check # Date Vendor Invoice ø b 176756 12/31/2003 000051 PUGET SOUND ENERGY INC 131-066-1002 Voucher: 176756 376-488-6325 727 -469-1000 311-112-7001 250-275-5917 006-877 -3456 330-694-9979 669-650-2001 487 -650-2008 128-255-3948 458-148-1001 141-467-1006 604-130-2008 904-388-1003 536-673-1007 250-275-0389 925-940-2007 225-650-2002 525-940-2005 373-087 -1005 100-093-8728 733-930-2007 733-829-1003 720-429-1004 497-198-1008 183-469-1006 420-530-2005 638-448-1005 504-368-1005 233-930-2008 873-272-3351 177-437-1007 738-448-1003 917 -259-1001 156-140-4276 Inv Date Description Amount Paid Check Total 12/3/3003 PWT-ELECTRICTY CHARGE 11,188.38 12/17/2003 PS-ELECTRICITY CHRS 4,587.70 12/18/2003 PKDBC/KFT-ELECTRCTY CH 2,260.95 12/18/2003 PKDBC/KFT -ELECTRCTY CH 1,780.02 12/16/3003 PWT-ELECTRICTY CHARGE 663.68 12/17/2003 PWT-ELECTRICTY CHARGE 609.58 12/16/3003 PWT-ELECTRICTY CHARGE 535.70 12/16/3003 PWT-ELECTRICTY CHARGE 465.74 12/16/3003 PWT-ELECTRICTY CHARGE 352.56 12/17/2003 PWT-ELECTRICTY CHARGE 324.32 12/16/3003 PWT-ELECTRICTY CHARGE 319.97 12/16/3003 PWT-ELECTRICTY CHARGE 305.32 12/16/3003 PWT-ELECTRICTY CHARGE 276.19 12/16/3003 PWT-ELECTRICTY CHARGE 269.44 12/3/3003 PWT-ELECTRICTY CHARGE 245.88 12/17/3003 PWT-ELECTRICTY CHARGE 230.40 12/15/3003 PWT -ELECTRICTY CHARGE 212.26 12/17/3003 PWT-ELECTRICTY CHARGE 193.89 12/15/3003 PWT-ELECTRICTY CHARGE 192.93 12/16/3003 PWT-ELECTRICTY CHARGE 171.33 12/17/2003 PWT-ELECTRICITY CHRGS 168.62 12/15/3003 PWT-ELECTRICTY CHARGE 157.41 12/15/3003 PWT -ELECTRICTY CHARGE 157.20 12/17/3003 PWT-ELECTRICTY CHARGE 139.10 12/16/3003 PWT-ELECTRICTY CHARGE 132.53 12/17/3003 PWT-ELECTRICTY CHARGE 123.00 12/16/3003 PWT-ELECTRICTY CHARGE 106.12 12/3/3003 PWT-ELECTRICTY CHARGE 83.45 12/16/3003 PWT-ELECTRICTY CHARGE 79.88 12/15/3003 PWT -ELECTRICTY CHARGE 78.34 12/17/3003 PWT-ELECTRICTY CHARGE 73.95 12/17/3003 PWT-ELECTRICTY CHARGE 64.42 12/3/3003 PWT-ELECTRICTY CHARGE 62.58 12/17/3003 PWT-ELECTRICTY CHARGE 57.17 12/17/2003 PKM-FAC ELECTRCTY CHRG 52.70 Page: 14 apChkLst 12/31/2003 11:20:35AM Bank: key us bank Check # Date Vendor Final Check List CITY OF FEDERAL WAY Page: 15 (Continued) Invoice 886-203-1005 755-430-2005 252-150-2001 359-540-2003 352-691-1007 442-691-1006 342 -691-1008 657 -289-0009 176757 12/31/2003 002690 PUGET SOUND ENERGY-KE 447-269-952 Voucher: 176757 447-269-715 176758 12/31/2003 005977 PURE HEALTH SOLUTIONS I 31283 Vouche~ 176758 r:'\ 176759 12/31/2003 004502 QC GRAPHICS INC \) J Voucher: 176759 \') 176760 12/31/2003 000073 QUADRANT SYSTEMS INC 031019-1 ;...---' Voucher: 176760 176761 12/31/2003 000202 QWEST Voucher: 176761 032611-FWP 206-Z04-0609 206-T02-8674 253-815-0686 253-815-9920 253-661-9833 176762 12/31/2003 006239 RAY ALLEN MANUFACTURINC183978 Voucher: 176762 176763 12/31/2003 007707 RAYMOND HANDLING GONG 1361905 Voucher: 176763 176764 12/31/2003 002399 RECOGNITION PLUS Voucher: 176764 176765 12/31/2003 000804 ROBERT H LEWIS & ASSOCI 835-03 Voucher: 176765 . 176766 12/31/2003 007830 ROBINSON, JACKIE Voucher: 176766 176767 12/31/2003 700320 RODGERS DEUTSCH & TUR 1721049020 Voucher: 176767 176768 12/31/2003 001130 ROTARY OFFSET PRESS INC 766 Voucher: 176768 13866 03-44477 Inv Date Description 12/15/3003 PWT-ELECTRICTY CHARGE 12/15/3003 PWT-ELECTRICTY CHARGE 12/16/3003 PWT-ELECTRICTY CHARGE 12/16/3003 PWT-ELECTRICTY CHARGE 12/3/3003 PWT-ELECTRICTY CHARGE 12/3/3003 PWT-ELECTRICTY CHARGE 12/3/3003 PWT-ELECTRICTY CHARGE 12/17/3003 PWT-ELECTRICTY CHARGE 11/26/2003 AG03-172A:STRT L T INST S 3 . 11/26/2003 AG03-117:S288 ST&SR99 SI 12/10/2003 PS-BOTTLED WATER SVC 11/26/2003 MSR-GRAPHICS RPR-LST D 12/19/2003 EPSON 6000 THERMAL REC 12/4/2003 MSTEL-12/4/03-1/4/04 PHONE 12/16/2003 MSTEL-12/16/03-1/16/04 rHO 12/4/2003 MSTEL-12/4/03-1/4/04 PHONE 12/4/2003 MSTEL-12/4/03-1/4/04 PHONE 12/16/2003 MSTEL-12/16/03-1/16/04 rHO 12/16/2003 PS-BAIL OUT DOOR SYSTEM 11/12/2003 PKCHB-11/11/03-12/8/03 ELE 12/10/2003 PRCS-REC PRG TROPHY 12/16/2003 MSC-APPEARANCEITRANSC 12/8/2003 PS-REFUND TRAFFIC SCHOC 12/10/2003 PWSCIP-ROW ACQU. 02-2- 11/30/2003 PRCS- PRCS BROCHURE Amount Paid 50.73 50.50 48.46 43.91 27.32 27.32 25.69 6.35 87,100.00 52,700.00 391.68 244.80 939.00 4,581.85 541.02 84.43 64.63 62.42 529.95 480.00 97.92 199.50 100.00 750.00 4,885.01 Check Total 27,002.99 139,800.00 391.68 244.80 939.00 5,334.35 529.95 480.00 97.92 199.50 100.00 750.00 4,885.01 Page: 15 apChkLst 12/31/2003 11 :20:35AM Final Check List CITY OF FEDERAL WAY Page: 16 Bank: key us bank (Continued) Check # Date Vendor Invoice 21006 176769 12/31/2003 004523 RXLASER INC Voucher 176769 176770 12/31/2003 006657 S C I INFRASTRUCTURE LLC AG02-58#16 Voucher: 176770 176771 12/31/2003 005949 SO TECH/SPECIAL OPERATI 1431 Voucher: 176771 176772 12/31/2003 007831 SEWELL, DAVID B Voucher: 176772 176773 12/31/2003007783 SHARE IT! INC Voucher 176773 ~ 176774 12/31/2003 002231 SHELDON & ASSOCIATES IN 97218 \) '. Voucher: 176774 97219 \J 97226 ~ 176775 12/31/2003005313 SHRED-IT WESTERN WASHIt\10702550 Voucher: 176775 176776 12/31/2003000056 SIR SPEEDY PRINTING CENTI33490 Voucher: 176776 30570 176777 12/31/2003 003593 SIRCHIE FINGERPRINT LAB I 0328906-IN Voucher: 176777 176778 12/31/2003 001014 SKCSRA-SOCCER REFEREE 11/8/03 Voucher: 176778 12/19/03 176779 12/31/2003 005993 SMITH, DANIEL 14380807 Voucher: 176779 EMPL REIMB 176780 12/31/2003 004963 SOUND PUBLISHING INC 014683 Voucher: 176780 014566 014599 014742 03-44480 4383843-A Inv Date Description 11/26/2003 MDSP-MICROFINE PRINTER' 12/8/2003 AG02-58C:PAC HWY S HOV L 11/5/2003 PS-TASER HOLSTER 12/17/2003 PS-REFUND TRAFFIC SCHOC 12/9/2003 MSDP: ASSET TRACKER 500 11/30/2003 CDENPR:(11/03)CFC WETLA 11/30/2003 CDENPR:(11/03)LAKOTA CR 11/30/2003 CDPL-ENV REV:(11/03) STAR 12/12/2003 PS-SHREDDING SERVICES 12/17/2003 PWDS-PRNTG SVC STOP W 12/11/2003 MSC-PRINTING SERVICES 12/1/2003 PS-POLICE FINGERPRINTIN 11/8/2003 AG02-40:11/8/03 SOCCER RE 12/19/2003 AG02-40: 12/19/03 SOCCER R 12/17/2003 SWM-MARINE BATTERIES F 12/19/2003 PW/SWM- 4 COOLERS FIELD 11/26/2003 MSHR-JOB ADVERTISEMENT 11/10/2003 MSHR-JOB ADVERTISEMENT 11/8/2003 MSHR-JOB ADVERTISEMENT 11/28/2003 MSHR-JOB ADVERTISEMENT Amount Paid 290.00 162,224.05 323.00 75.00 799.00 3,440.00 376.96 260.00 158.40 374.32 300.55 41.13 1,800.00 1,190.00 165.36 108.76 380.00 141.60 70.80 54.00 Check Total 290.00 162,224.05 323.00 75.00 799.00 4,076.96 158.40 674.87 41.13 2,990.00 274.12 646.40 Page: 16 apChkLst 12/31/2003 11:20:35AM Final Check List CITY OF FEDERAL WAY Page: 17 Bank: key us bank (Continued) Check # Date Vendor Invoice Inv Date Description Amount Paid 176781 12/31/2003001885 SPARKS CAR CARE 12457 12/15/2003 PS-REPAIRS/SVC 406.93 Voucher: 176781 12473 12/19/2003 PS-REP AI RS/SVC 362.18 12483 12/18/2003 PS-REPAIRS/SVC 244.80 12354 11/24/2003 PS-REPAIRS/SVC 212.48 12467 12/17/2003 PS-REPAIRS/SVC 208.70 12470 12/17/2003 PS-REP AI RS/SVC 189.36 12466 12/17/2003 PS-REPAIRS/SVC 165.86 12380 12/2/2003 PS-REPAIRS/SVC 119.68 12485 12/18/2003 PS-REPAIRS/SVC 93.49 12492 12/19/2003 PS-REP AI RS/SVC 89.76 12489 12/18/2003 PS-REPAIRS/SVC 75.41 12458 12/15/2003 PS-REPAIRS/SVC 49.96 12464 12/16/2003 PS-REPAIRS/SVC 46.86 \)') 12381 12/1/2003 PS-REP AI RS/SVC 34.95 \"J 12465 12/16/2003 PS-REPAIRS/SVC 29.75 12468 12/17/2003 PS-REPAIRS/SVC 29.75 V~ 12408 12/4/2003 PS-REPAIRS/SVC 27.20 12450 12/12/2003 PS-REP AI RS/SVC 27.20 176782 12/31/2003 001618 SPEEDY AUTO & WINDOW G 1053114 12/18/2003 PS-WINDSHIElD REPAIR #64 259.73 Voucher: 176782 176783 12/31/2003 002548 SPRAGUE PEST CONTROL 198839 12/1/2003 PKDBC-PEST CONTROL SVC 92.48 Voucher: 176783 198985 12/1/2003 PKM-ST LK PEST CONTROL ~ 89.22 176784 12/31/2003006151 SPRINT SPECTRUM 0129395367-7 12/16/2003 PS-11/15/03-12/14/03 CELLUL 1,467.61 Voucher: 176784 176785 12/31/2003 007819 STATE FARM MUTUAL INS C 47-4365-170 12/8/2003 MSR-WALLBANK MED EXP # 476.00 Voucher: 176785 176786 12/31/2003 007835 STONE, SUSAN EMPL REIMB 12/19/2003 MC-PER DIEM LUNCH TRNG 168.84 Voucher: 176786 176787 12/31/2003 004864 STOP STICK 18529 11/26/2003 PS-TIRE DEFLATION DEVICE 424.13 Voucher: 176787 18643 12/11/2003 Freiqht 9.50 176788 12/31/2003 005891 SUDDEN IMAGE INC 3041 12/13/2003 PS-PHOTO SERVICES 345.15 Voucher: 176788 176789 12/31/2003 007826 TAHOMA SCHOOL DISTRICT C2651R5183 12/23/2003 PKDBC-REFUND RENTAL DE 150.00 Voucher: 176789 Check Total 2,414.32 259.73 181.70 1,467.61 476.00 168.84 433.63 345.15 150.00 Page: 17 apChkLst 12/31/2003 11 :20:35AM Final Check List CITY OF FEDERAL WAY Page: 18 Bank: key us bank (Continued) 176790 12/31/2003 007832 TANNICH, MICHAEL J Voucher: 176790 176791 12/31/2003 000873 TARGET STORES DIVISION, .A1103689741 Voucher: 176791 1103689742 176792 12/31/2003 007821 TERHUNE HOMES 02-35481 Voucher: 176792 176793 12/31/2003002819 THE FINISHING TOUCH Voucher: 176793 176794 12/31/2003 004012 THOMPSON PUBLISHING GR 805522778 Voucher: 176794 1293205 176795 12/31/2003 000581 TOOL TOWN INC 37757-37759 Voucher: 176795 37697 37687 3941050 F80F48503 F6588V503 00564161N 0042700-IN 0056347 -I N 0056380-1 N 0056484-in 176802 12/31/2003007815 USAA UNITED SERVICE AUT FURNITURE Voucher: 176802 176803 12/31/2003 007833 UTSCH, JANETTE R Voucher: 176803 176804 12/31/2003 001124 VERIZON WIRELESS Voucher: 176804 Check # Vendor Date f'\ 176796 12/31/2003 005321 . TOSCO/FLEET SERVICES \J J Voucher: 176796 tJ 176797 12/31/2003 007757 TREBRON COMPANY INC .::c Voucher: 176797 176798 12/31/2003 001436 TREE RECYCLERS Voucher: 176798 176799 12/31/2003 005749 TUMBIC, RUSLAN Voucher: 176799 176800 12/31/2003 003837 UNITED PARCEL SERVICE Voucher: 176800 176801 12/31/2003 007357 UNITED REPROGRAPHICS Voucher: 176801 Invoice 03-44498 6869 35710 31223 CA31830 03-44414 1826750088 Inv Date Description 12/30/2003 PS-REFUND TRAFFIC SCHOC 12/19/2003 PKRCS-PRESCHOOL SUPPL 12/19/2003 PKRCS-PRESCHOOL SUPPL 12/10/2003 PWS-RFND ROW PRMT #0 12/3/2003 PKDBC-REPAIR ROLLER BL 11/25/2003 LAW-RCWA PP 2004 & INDE 11/18/2003 LAW-1 SET OF CT RULES 12/23/2003 PKM-REPAIR & MAINT TOOL 12/12/2003 PKM-2 TON SHOP CRANE 12/11/2003 PKM-GRINDING WHEELS/DRI 12/6/2003 PS--VEHICLES FUEL-BRIAN V 12/9/2003 MSDP-ALL AV SHOPHOS AN 12/24/2003 PKM-12/17-12/24/03 TREE CL 12/16/2003 MC-( 12/16/03)1 NTERPRETER : 12/13/2003 PS-DOCUMENT DELIVERY S 12/13/2003 PS-DOCUMENT DELIVERY S 11/25/2003 CM-PRINTING, BINDING OF A 11/17/2003 CM-COPYING, PRINTING OF ¡ 11/17/2003 CM-COPYING, PRINTING OF ¡ 11/19/2003 CM-COPYING, PRINTING OF ¡ 12/5/2003 CM-COPYING OF ARCHITEC 12/14/2003 PKMT-63 GUNLOCKE STACK 12/8/2003 PS-REFUND TRAFFIC SCHOC 12/6/2003 MSTEL-CELL AIR TIME Amount Paid 75.00 74.64 38.00 961.00 76.16 1,293.49 100.81 1,799.37 174.03 70.70 98.86 6,974.08 4,297.60 52.50 9.85 7.61 78.27 47.34 47.33 44.06 8.16 4,472.12 75.00 124.05 Check Total 75.00 112.64 961.00 76.16 1,394.30 2,044.10 98.86 6,974.08 4,297.60 52.50 17.46 225.16 4,472.12 75.00 124.05 Page: 18 apChkLst 12/31/2003 11 :20:35AM Final Check List CITY OF FEDERAL WAY Page: 19 Bank: key us bank (Continued) Check # Vendor Invoice Date 176805 12/31/2003 001061 WA STATE AGRICULTURE D 2121 Voucher: 176805 176806 12/31/2003 000094 WA STATE AUDITOR'S OFF I L47499 Voucher: 176806 176807 12/31/2003 001033 WA STATE DEPT OF LlCENS 232010019851 Voucher: 176807 176808 12/31/2003 004339 WA STATE DEPT OF PERSON38359 Voucher: 176808 176809 12/31/2003 000340 WA STATE INFORMATION S 2003110218 Voucher: 176809 176810 12/31/2003 000851 WA STATE PATROL T0400020 Voucher: 176810 T0400026 ~ 10305611 \.) J 10307500 (;:.J 176811 12/31/2003 007810 WASHINGTON, WADE LONG JURY REIMB \J 'I Voucher: 176811 176812 12/31/2003 000783 WASTE MANAGEMENT 49695 Voucher: 176812 176813 12/31/2003 000802 WCMA-WA CITY MANAGEME WCMA 04 Voucher: 176813 WCMA 2004 176814 12/31/2003 002567 WEARGUARD 52603358-1 Voucher: 176814 176815 12/31/2003 005565 WELCOME COMMUNICATIO 3257 Voucher: 176815 176816 12/31/2003 003500 WESCOM COMMUNICATIO 14158 Voucher: 176816 176817 12/31/2003 000197 WEST COAST WIRE ROPE 398231 Voucher: 176817 176818 12/31/2003 006116 WEST GROUP PAYMENT CE 805524572 Voucher: 176818 176819 12/31/2003 002087 WHITMAN GLOBAL CARPET (22763 Voucher: 176819 22761 22762 176820 12/31/2003 005697 WORK-SPORTS & OUTDOOR 5182 Voucher: 176820 Inv Date Description 12/9/2003 PKMT-S IKERD PESTICIDE L 12/12/2003 MSF-(NOV03) AUDIT SVCS- 12/28/2003 PWS-PRF ENG RNWL-EMTEF 12/16/2003 PWDS-DOWER PRESENTA 12/2/2003 MSTEL-(NOV03} SCAN SERV 11/13/2003 PS-EMGNCY OPE TRGN 8/2 11/20/2003 PS-K9 TRGN 7/21-8/21/03 26t\1 9/5/2003 MSHR-8/03 BCKGRND CHEC 12/4/2003 MSHR-NOV 03 BCKGRND CH 12/17/2003 MC-JURY REIMB 12/17/03- 9/27/2003 SWR-FALL 03 RECYLING EV 12/12/2003 CM-D MOSELEY WCMA ANN 12/12/2003 CM-DEREK MATHESON WCt\! 12/12/2003 PWSWM-BETTERIDGE-OUT 12/5/2003 MSDP/PS - NEXTEL BATTER 12/16/2003 PS-CONTROL LED SWITCH 12/2/2003 PKM-CABLE CUTTERS/CRIM 11/25/2003 MC-WA COURT RULES 2004 I 12/8/2003 AG98-203C:(DEC03} CARPET 12/8/2003 AG03-11 :(DEC03}STLK-CRPT 12/8/2003 AG03-11 :(MTH03}CARPET C 12/12/2003 PKM-WORK WEAR/COLLINS Amount Paid 25.00 604.80 116.00 160.00 801.22 1,466.00 130.00 30.00 10.00 25.76 6,042.52 129.00 105.00 131.85 149.08 201.28 156.06 651.19 398.00 319.89 98.89 739.45 Check Total 25.00 604.80 116.00 160.00 801.22 1,636.00 25.76 6,042.52 234.00 131.85 149.08 201.28 156.06 651.19 816.78 739.45 Page: 19 apChkLst 12/31/2003 11 :20:35AM Bank: key us bank Check # Date Vendor Final Check List CITY OF FEDERAL WAY Page: 20 (Continued) 176821 12/31/2003000428 WRPA-WA REC & PARK ASS Voucher: 176821 176822 12/31/2003 000947 YOUR INC Voucher: 176822 176823 12/31/2003 007834 ZIMMERMAN, NICOLE E Voucher: 176823 ~ ~ Invoice Inv Date Description 12/30/2003 PRCS-WRPA 2004 MBSHP D Amount Paid 120.00 1,600.00 699.00 75.00 Sub total for us bank: Check Total 120.00 2,299.00 75.00 1,403,412.23 J MAYER 3026 3028 03-44422 12/20/2003 AG02-48:{DEC03) PS/JANITOf 12/20/2003 AGOO-15C:{DEC03) MC JANIT 12/17/2003 PS-REFUND TRAFFIC SCHOC Page: 20 apChkLst 12/31/2003 11 :20:35AM Final Check List CITY OF FEDERAL WAY Page: 21 232 checks in this report. Grand Total All Checks: 1,403,412.23 ()'\ \'J. :J Page: 21 apChkLst 12/31/2003 11:20:35AM Final Check List CITY OF FEDERAL WAY Page: 22 Void Checks Bank code: key Check # Date 176755 12/31/2003 c;> ~ Page: 22 apChkLst 01/15/2004 11:08:53AM Final Check List CITY OF FEDERAL WAY ~CTD3 Page: 1 Bank: key us bank Check # Date Vendor Invoice 176871 1/15/2004 000332 ABC LEGAL MESSENGERS I 0072770-1 Voucher: 176871 176872 1/15/2004 007177 ABLE COMMUNICATIONS 31204 Voucher: 176872 31106 176873 1/15/2004 001856 ACTION SERVICES CORPORP46949 Voucher: 176873 46950A 176874 1/15/2004 000109 ACTIVE SECURITY CONTROL 13392 Voucher: 176874 13410 ~ 1~ V .} 13412 ~ 176875 1/15/2004 002899 ADOLFSON ASSOCIATES INC2002007-05 ~ Voucher: 176875 176876 1/15/2004 000475 ALARM CENTERS/CUSTOM S 308821 Voucher: 176876 176877 1/15/2004 001110 AMAYA ELECTRIC Voucher: 176877 176878 1/15/2004 005287 AMERICALL COMMUNICATIO D6416 Voucher: 176878 176879 1/15/2004 007841 AMERICAN MEDICAL RESPO~470010079810 Voucher: 176879 176880 1/15/2004 001522 AMERICAN RED CROSS Voucher: 176880 176881 1/15/2004 005501 ANDREWS. AMY 12/23/03 Voucher: 176881 12/30/03 176882 1/15/2004 000190 APA-AMERICAN PLANNING A 067348 Voucher: 176882 176883 1/15/2004 002534 ARBORSCAN INC Voucher: 176883 6879-11 10000970 3834 6855 3853 3835 176884 1/15/2004 005715 ARCH WIRELESS HOLDINGS IN6163838A Voucher: 176884 176885 1/15/2004 004964 ARIA PERFORMING ARTS AUG-OCT03 Voucher: 176885 Inv Date Description 12/31/2003 LAW-LEGAL MESSENGER SE 12/22/2003 MC-INTERPERTER SVCS 12/22/2003 MC-INTERPERTER SVCS 12/31/2003 AGOO-6C:DEC03-STREET SW 12/31/2003 AGOO-6C:4QT03-STREET SW 12/1/2003 PKRCS-LOCKSMITH SVCS 12/22/2003 PS-LOCKSMITH SVCS 12/15/2003 PKRCS-LOCKSMITH SVCS 12/23/2003 PS-LOCKSMITH SVCS 12/29/2003 CD-ENPR:JUL Y03-HERITAGE 11/20/2003 PKRCS-DEC 03 ALARM MNT 11/26/2003 AG02-138:NOV03-CHB ELEC1 1/1/2004 SWM-12/03 AFTER HR CALL Amount Paid 96.00 64.00 34.00 5,922.40 4,802.00 74.19 61.43 61 .43 4.70 1,041.58 59.74 1,607.85 172.31 1,069.52 60.00 80.00 60.00 302.00 1,224.00 924.80 609.28 435.20 862.44 1,500.00 Check Total 96.00 98.00 10,724.40 201.75 1,041.58 59.74 1,607.85 172.31 1,069.52 60.00 140.00 302.00 3,193.28 862.44 1,500.00 4/3/2003 PS-R K SLAUGHTER PRISON 11/13/2003 PKJP-LiFEGUARD/SAFETY I 12/23/2003 MC-INTERPERTER SVCS 12/30/2003 MC-INTERPERTER SVCS 11/20/2003 CDA-K MCCLUNG 4/04-3/05 M 12/12/2003 PKM-HAZARDOUS TREES R 12/24/2003 PKM-HAZARDOUS TREES R 12/24/2003 PKM-HAZARDOUS TREES R 12/12/2003 PKM-HAZARDOUS TREES R 12/30/2003 MSTEL-PAGER LEASE 12/15/2003 PRCS:AUG-OCT03:CHOREO Page: 1 apChkLst 01/15/2004 11:08:53AM Final Check List CITY OF FEDERAL WAY Page: 2 Bank: key us bank Check # Date (Continued) Vendor Invoice Inv Date Description 176886 1/15/2004 003057 ASSOC OF PERMIT TECHNIC APT04JOHNSO 12/29/2003 CDL - JEFF JOHNSON APT I Voucher: 176886 APT 04 DLEE 12/29/2003 CDL - DAVID LEE AP.T, DUE APT04SKIDMO 12/29/2003 COB - GRACE SKIDMORE A APT04CIMMER 12/29/2003 CDB - KARl CIMMER APT D 030429011501 12/26/2003 MSTEL-LONG DISTANCE SV 176887 1/15/2004 001233 AT&T BUSINESS SERVICE Voucher: 176887 176888 1/15/2004 000075 AT&T WIRELESS SERVICES 10033654119 Vouche~ 176888 176889 1/15/2004 004128 BAGNELL INC Voucher: 176889 176890 1/15/2004 001604 BALL, GIGI Y Voucher: 176890 Q 176891 1/15/2004 005421 BARGER, KENNETH 12/15/03 ~ Voucher: 176891 12/22/03 12/29/03 C) 176892 1/15/2004 000792 BARRY'S TRUCKING & LAND 165912 Voucher: 176892 165913 165910 1897 6427 12/23/03 176893 1/15/2004 007467 BEERY + ELSNER LLP Voucher: 176893 176894 1/15/2004 002945 BEVERLY'S HAPPY KEYBOAR 12/19/03 Voucher: 176894 176895 1/15/2004 001630 BLUMENTHAL UNIFORM CO I 338022 Voucher: 176895 338808 325833-80CR 324970-01CR EMPL REIMB 176896 1/15/2004 Voucher: 176897 1/15/2004 Voucher: 176898 1/15/2004 Voucher: 176899 1/15/2004 Voucher: 006680 BOYLE, SHARON 176896 004919 BRATWEAR 176897 007375 BROWN AND CALDWELL 176898 007578 BULLIVANT HOUSER BAILEY 385101 176899 127407 127779 14-3584 12/27/2003 MSTEL-CELL AIR TIME- 12/19/2003 SWM-PRINTING SERVICES F 12/23/2003 MC-INTERPERTER SVCS 12/15/2003 MC-INTERPERTER SVCS 12/22/2003 MC-INTERPERTER SVCS 12/29/2003 MC-INTERPERTER SVCS 12/29/2003 PKMT-DEBRIS REMOVAL SE 12/29/2003 PKMT-DEBRIS REMOVAL SE 12/23/2003 PKMT-DEBRIS REMOVAL SE 1/2/2004 AG03-65:DEC03-PSA FOR L 12/19/2003 PKKFT-REPAIR SVC:GRAND I 12/23/2003 PS-UNIFORM CLOTHING 12/18/2003 PS-UNIFORM CLOTHING 12/2/2003 PS-UNIFORM CLOTHING 12/2/2003 PS-UNIFORM CLOTHING 12/15/2003 PRCS-COSTUME & PROP SU 12/31/2003 PS-T WILSON SPECIALIZED F 12/31/2003 PS-B SKINNER SPECIALIZED 12/22/2003 AG03-12C:NOV03 PANTHER L 12/17/2003 AG03-143A:NOV03-PSA-OL Y Amount Paid 35.00 35.00 35.00 35.00 103.67 85.76 1,991.04 35.00 45.00 45.00 45.00 1,792.20 1,713.60 472.28 14,525.99 81.60 271.84 249.53 -100.00 -282.83 149.99 554.88 184.96 570.00 82.50 Check Total 140.00 103.67 85.76 1,991.04 35.00 135.00 3,978.08 14,525.99 81.60 138.54 149.99 739.84 570.00 82.50 Page: 2 apChkLst 01/15/2004 11:08:53AM Bank: key us bank Check # Date Vendor Final Check List CITY OF FEDERAL WAY Page: 3 (Continued) 9079851 0068550 0068544 002036 CASCADIA CONSULTING GR FWHHW2003-1 176903 FWMLK2003-1 005573 COW GOVERNMENT INC KY32357 176904 001481 CH2M HILL NORTHWEST INC 3449579 176905 3440111 3447527 3449494 3449698 DEC 2003 176900 1/15/2004 000414 CAFE PACIFIC CATERING IN Voucher: 176900 176901 1/15/2004 000991 CASCADE COFFEE INC (:) Voucher: 176901 \) - 176902 1/15/2004 003093 CASCADE COMPUTER MAIN \j\:\ Voucher: 176902 "'-. 176903 1/15/2004 Voucher: 176904 1/15/2004 Voucher: 176905 1/15/2004 Voucher: Invoice 7378 7501 7482 7489 7481 7492 7490 7483 20359719 176906 1/15/2004 005507 CLIFTON, THOMAS E Voucher: 176906 176907 1/15/2004 003752 COASTWIDE SUPPLY DBA T1302890 Voucher: 176907 T1295484 176908 1/15/2004 004395 CONSOLIDATED ELECTRICA 0220-427425 Voucher: 176908 0220-427449 176909 1/15/2004 000721 CORLISS RESOURCES INC 0055124 Voucher: 176909 0055513 176910 1/15/2004 000771 COSTCO/HRS USA DEC2003 Voucher: 176910 176911 1/15/2004 007760 CULTURAL DVLPMT AUTHOR4CDA03010 Voucher: 176911 Inv Date Description 12/1/2003 DBC-CATERING SVC. 12/30/2003 DBC-CATERING SVC. 12/17/2003 DBC-CATERING SVC. 12/22/2003 DBC-CATERING SVC. 12/17/2003 DBC-CATERING SVC. 12/22/2003 DBC-CATERING SVC. 12/22/2003 DBC-CATERING SVC. 12/17/2003 DBC-CATERING SVC. 12/29/2003 MSM&D-MTG COFFEE SUPP 12/17/2003 MSDP-PRINTER MAINT 12/15/2003 MSDP-PRINTER MAINT 12/15/2003 MSDP-PRINTER MAINT 12/9/2003 AG03-203: NOV03-EDUCA TIO 12/10/2003 SWR-LABOR/MILEAGE/SUPP 12/16/2003 MSDP/ALL CFWMAIN SERVE 12/20/2003 AG03-64:(DEC03) PAC HY S H 12/10/2003 AG03-67:(OCT03) S288 ST/S 12/15/2003 AG03-67:(DEC03) S288 ST/S 12/19/2003 AG02-70:(NOV03) W HYLEBO 12/22/2003 AG03-200:NOV03-1-5 TO CITY 1/5/2004 AG03-151:DEC03-PRCS DAN 12/30/2003 PKM-GRD MNT JANITORIAL ~ 12/8/2003 PKRLS-JANITORIAL SUPPLIE 12/17/2003 PKMCHB-LlGHTING SUPPLI 12/24/2003 PKMCHB-LlGHTING SUPPLI 12/18/2003 SWMCIP-CONCRETE SUPPL 12/22/2003 SWMCIP-CONCRETE SUPPL 12/26/2003 DEC2003 COSTCO SUPPLIE 12/9/2003 PRCS-NOV03-2% ART PROPC Amount Paid 1,147.36 307.68 275.45 170.00 143.16 114.80 101.52 26.28 119.25 652.80 255.76 220.24 1,702.50 785.01 615.57 33,274.36 26,689.40 24,725.16 11,815.21 4,841.66 196.00 500.01 162.96 38.05 9.14 336.08 50.27 203.91 2,320.00 Check Total 2,286.25 119.25 1,128.80 2,487.51 615.57 101,345.79 196.00 662.97 47.19 386.35 203.91 2,320.00 Page: 3 apChkLst 01/15/2004 11 :08:53AM Final Check List CITY OF FEDERAL WAY Page: 4 Bank: key us bank 176912 1/15/2004 007552 D J IMPRINTS Voucher: 176912 176913 1/15/2004 000854 D J TROPHY Voucher: 176913 176914 1/15/2004 000168 DAILY JOURNAL OF COMMER3148737 Voucher: 176914 3149144 176915 1/15/2004 000939 DANONE WATERS OF NORT 6528273-15 Voucher: 176915 176916 1/15/2004 005341 DODD, ESCOLASTICA ROSA Voucher: 176916 Check # Date Q 176917 1/15/2004 \.}J Voucher: ~ 176918 1/15/2004 Voucher: 176919 1/15/2004 Voucher: (Continued) Vendor Invoice 00212493 00212480 12/31/03 12/23/03 12/30/03 12/22/03 12/29/03 9150 001432 DON SMALL & SONS OIL DI 176917 007277 DOOLEY ENTERPRISES INC 35261 176918 005842 DPK INC 176919 20:AG01-63 Inv Date Description 12/17/2003 PRCS- UNIFORMS & CLOTHI 12/16/2003 MSC-NAMES PLATES/PLAQ 11/29/2003 SWMCIP-11/22&11/29 BID F 12/11/2003 PW-REQ FOR BID 312/14 ST ~ 11/1/2003 PKRLS-WTR/CLR RNTL ACC 12/31/2003 MC-INTERPERTER SVCS 12/23/2003 MC-INTERPERTER SVCS 12/30/2003 MC-INTERPERTER SVCS 12/22/2003 MC-INTERPERTER SVCS 12/29/2003 MC-INTERPERTER SVCS 12/29/2003 PKM-STL LK ANNEX FUEL - 12/22/2003 PS-EQUIPMENT 12/23/2003 AG01-63E:23RD S RDWY 1M Amount Paid 260.63 165.08 625.60 605.20 23.89 190.00 100.00 100.00 80.00 80.00 290.60 320.00 12,002.20 Check Total 260.63 165.08 1,230.80 23.89 550.00 290.60 320.00 12,002.20 Page: 4 apChkLst 01/15/2004 11:08:53AM Final Check List CITY OF FEDERAL WAY Page: 5 Bank: key us bank 45552 45554 45553 176925 1/15/2004 004344 EMERGENCY FEEDING PRO 4QTR2003 Voucher: 176925 176926 1/15/2004 007847 EMICK HOWARD & SEIBERT 102-51238 Voucher: 176926 Check # Date 176920 1/15/2004 Voucher: ()) \.¡"J V'J 176921 1/15/2004 Voucher: 176922 1/15/2004 Voucher: 176923 1/15/2004 Voucher: 176924 1/15/2004 Voucher: (Continued) Vendor Invoice Inv Date Description 7/21/2003 PS-REPAIRS/SVC/TIRES 12/4/2003 PS-REP AIRS/SVC/TI RES 11/25/2003 PS-REPAIRS/SVC/TIRES 11/26/2003 PS-REPAIRS/SVC/TIRES 11/26/2003 PS-REPAIRS/SVC/TIRES 12/9/2003 PS-REPAIRS/SVC/TIRES 12/2/2003 PS-REPAIRS/SVC/TIRES 12/29/2003 PS-REPAIRS/SVC/TIRES 12/11/2003 PS-REPAIRS/SVC/TIRES 11/25/2003 PS-REPAIRS/SVC/TIRES 12/2/2003 PS-REPAIRS/SVC/TIRES 12/10/2003 PS-REPAIRS/SVC/TIRES 11/26/2003 PS-REPAIRS/SVC/TIRES 12/3/2003 PS-REPAIRS/SVC/TIRES 12/18/2003 PS-REPAIRS/SVC/TIRES 12/10/2003 PS-REPAIRS/SVC/TIRES 12/11/2003 PS-REPAIRS/SVC/TIRES 12/8/2003 PS-REPAIRS/SVC/TIRES 12/1/2003 PS-REPAIRS/SVC/TIRES 12/1/2003 PS-REPAIRS/SVC/TIRES 12/11/2003 PS-REPAIRS/SVC/TIRES 11/29/2003 PS-REPAIRS/SVCITIRES 12/10/2003 AG03-202: NOV03-COMM CT 12/18/2003 MSR-LS DT 12/17/03 FILE#03 1/7/2004 MC-PRO TEM JUDGE Amount Paid 1,678.47 364.30 313.43 274.99 264.45 229.36 217.51 157.55 154.59 124.24 105.96 82.79 70.79 38.84 38.84 28.84 28.84 26.57 20.12 18.49 18.49 13.32 10,293.00 574.95 125.00 653.89 351.42 109.89 1,250.00 382.50 Check Total 4,270.78 10,293.00 574.95 125.00 1,115.20 1,250.00 382.50 000570 EAGLE TIRE & AUTOMOTIVE (1028092 176920 1031040 1030866 1030897 1030883 1031146 1030981 1031490 1031180 1030860 1030993 1031155 1030904 1031010 1031303 1031154 1031172 1031110 1030975 1030955 1031173 1030930 72378-287907 001879 EARTH TECH INC 176921 003948 EDGEWOOD FIREPLACE SH 10680 176922 005639 ELLINGTON, THOMAS MARK 12/22/03 176923 007283 EMERALD AIRE INC 176924 12/29/2003 CITYHALL-DEC03-HVAC SER 12/29/2003 KLCC-DEC03-HV AC SVCS 12/29/2003 PKMT -DEC03-HV AC SVCS 12/17/2003 AGO3-106-4QT03-EMERG FE 12/31/2003 CD-RFND PREAPPL FEE 03- Page: 5 apChkLst 01/15/2004 11:08:53AM Final Check List CITY OF FEDERAL WAY Page: 6 Bank: key us bank (Continued) Check # Date Vendor 176927 1/15/2004 002867 ENCHANTED PARKS INC Voucher: 176927 176928 1/15/2004 001046 EQUIFAX CREDIT INFORMATI7569570 Voucher: 176928 176929 1/15/2004 000328 ERNIE'S FUEL STOPS (DBA) 0149791 Voucher: 176929 176930 1/15/2004 006412 ESP PRINTING Voucher: 176930 176931 1/15/2004 001748 EVERSON'S ECONO-VAC INC026142 Voucher: 176931 025800 025801 176932 1/15/2004 001297 FACILITY MAINTENANCE CO 138-012 C"'\ Voucher: 176932 \J . 176933 1/15/2004 000217 FEDERAL EXPRESS CORPOR1-540-51683 '-.)j Voucher: 176933 1-540-18908 .J:.., 176934 1/15/2004 001276 FEDERAL WAY COMMUNITY (TEG AWARD ... Voucher: 176934 176935 1/15/2004 005241 FEDERAL WAY HARMONY KI 8/12/03 Voucher: 176935 176936 1/15/2004 004270 FEDERAL WAY MIRROR Voucher: 176936 Invoice 02-50048 105606 005219 005238 005248 005246 005282 005274 005275 005178 005268 005273 005258 176937 1/15/2004 700131 FEDERAL WAY MISSION CHUC2744R5194 Voucher: 176937 176938 1/15/2004 001183 FEDERAL WAY PUBLIC SCHO01-43280 Voucher: 176938 01-42824 Inv Date Description 12/31/2003 CDPL-RFND 02-101373-00 E 12/23/2003 PS-12/03 CREDIT REPORTS 12/31/2003 PS-FUEL FOR VEHICLES 12/30/2003 SWR-MUL TI-FAMIL Y OPTIO 12/30/2003 AG03-75:DEC03-SWM INFRS 11/30/2003 AG03-75:NOV03-SWM INFRS 11/30/2003 SWM-VACUUM/JET RODDIN 12/15/2003 AG01-52A:(DEC03) DBC LND 1/2/2004 MS/PS-12/30/03 DELIVERY S 12/26/2003 MSF-DELIVERY SERVICES 12/31/20032003 2ND ROUND TEG AWAR 12/19/2003 AG03-180:4/29,7/15,8/12/03-V 11/26/2003 SWM- NEWSP ADS/LEGALS- 12/3/2003 SWM-NEWSP ADS/LEGALS- 12/6/2003 PWA-NEWSPAPER ADS 12/6/2003 MSMD-COMCAST RNWL PB 12/20/2003 CDPL-LEGALS- 12/17/2003 CDPL-LEGALS- 12/17/2003. CDPL-LEGALS- 11/15/2003 CDL - LEGAL AD FOR CALIBU 12/13/2003 CDPL- LEGALS- 12/17/2003 PS-RFQ PRISONER TRANSP 12/10/2003 PS-RFQ PRISONER TRANSP 1/8/2004 PKDBC-REFUND RENTAL DE 12/31/2003 CDPL-RFND 0.1-101536-00 E 12/31/2003 CDPL-RFND 01-104844-00 E Amount Paid 222.76 21.11 5,875.30 1,214.21 12,992.36 2,317.06 1,172.78 28.30 39.10 24.20 8,000.00 400.00 212.48 212.48 199.20 174.48 102.92 99.60 99.60 79.68 79.68 39.84 39.84 106.48 1,500.08 775.67 Check Total 222.76 21.11 5,875.30 1,214.21 16,482.20 28.30 63.30 8,000.00 400.00 1,339.80 106.48 2,275.75 Page: 6 apChkLst 01/15/2004 11:08:53AM Bank: key us bank Check # Date Vendor Final Check List CITY OF FEDERAL WAY Page: 7 (Continued) 176939 1/15/2004 001893 FEDERAL WAY SCHOOL DIS SIF-DEC 2003 Vouche~ 176939 176940 1/15/2004 007547 FEDERAL WAY SENIOR CEN 4QTR2003 Voucher: 176940 176941 1/15/2004 007843 FEDERAL WAY SYMPHONY OTEG AWARD Voucher: 176941 176942 1/15/2004 006406 FERNANDEZ. FERNANDO CBI EXAM Voucher: 176942 176943 1/15/2004 005213 FIFE PRINTING Voucher: 176943 r"'\ 176944 1/15/2004 004910 FILETEX LLC \J ' Voucher: 176944 \j~ 176945 1/15/2004 001686 FIRST CHOICE BUSINESS MAO0110651 \.'\ Voucher: 176945 176946 1/15/2004 002664 FLEX-PLAN SERVICES INC 53453 Voucher: 176946 176947 1/15/2004 005857 FOILMASTER DESIGNS Voucher: 176947 176948 1/15/2004 001669 FOSTER PEPPER & SHEFELM764419 Voucher: 176948 764416 176949 1/15/2004 007849 FRANCISCO, AL C2523R5195 Vouche~ 176949 176950 1/15/2004 007543 FRANK COLUCCIO CONTRUCAG03-70#5 Voucher: 176950 176951 1/15/2004 003118 GALLS INC Voucher: 176951 176952 1/15/2004 003841 HEAD-QUARTERS PTS Voucher: 176952 176953 1/15/2004 700830 HOME DEPOT Voucher: 176953 Invoice 15792 03-1226 5043 567484330 568438170 565740280 565740280 CR 22148639 8490 01-21811 Inv Date Description 12/31/2003 MSF-(DEC03) SCHL IMPACT F 1/2/2004 AG03-109:4QT03-FW SC ADU Amount Paid 23,364.00 3,241.50 2,750.00 160.00 68.18 53.92 471.97 308.30 50.27 128.88 85.25 300.00 148,050.01 99.56 52.36 18.77 12.50 -182.80 259.00 1,267.97 Check Total 23,364.00 3,241.50 2,750.00 160.00 68.18 53.92 471.97 308.30 50.27 214.13 300.00 148,050.01 0.39 259.00 1,267.97 12/31/2003 2003 2ND ROUND TEG AWAF< 12/17/2003 CDA - BLDG INSP EXAM COM 12/19/2003 MC-PRINTING SERVICES 12/10/2003 CDA - COLORCODED LASERI 11/30/2003 MSMD-NOV03-COPIER RPR 1/2/2004 MSHR-DEC 03 FLEX PLAN A 12/8/2003 PRCS-RED FOIL ON WHITE- 12/31/2003 AG02-95A: DEC03-LGL SVCS- 12/31/2003 AG02-95A:DEC03-LGL SVCS- 1/8/2004 PKDBC-REFUND RENTAL DE 11/30/2003 AG03-70A:(NOV03)S 288@SR 11/5/2003 PS-POLICE CLOTHING/EQUIF 12/30/2003 PS-POLICE CLOTHING/EQUIF 8/1/2003 PS-POLICE CLOTHING/EQUIF 7/31/2003 PS-POLICE CLOTHING/EQUIF 6/28/2003 PS-CREDIT MEMO ACCT#221 1/1/2004 AG01-109A:PKM SANITATIO 12/31/2003 CDPL-RFND 93-1018 EXP PL I Page: 7 apChkLst 01/15/2004 11:08:53AM Final Check List CITY OF FEDERAL WAY Page: 8 Bank: key us bank Check # Date Vendor Invoice 176954 1/15/2004 002477 HOME DEPOT-DEPT 32-250 4021020 Voucher: 176954 7030407 4021038 4020125 1032473 9020704 1021763 4561816 4020124 8020920 1582121 6022367 1582119 8210787 1582120 3021139 5021497 0580341 007812 HUCKELL/WEINMAN ASSOC 1330001 '176955 003560 HUNTERS TREE SERVICE 1309 176956 001431 ICON MATERIALS INC 176957 005757 INSTITUTE FOR FAMILY DVLF4QTR2003 176958 005156 ISCO INC 176959 005025 J&R COMMERCIAL JNTR SVC 2011 176960 2012 007157 JONES & STOKES ASSOCIAT!O016849 176961 ~ (N (;" 176955 1/15/2004 Voucher: 176956 1/15/2004 Voucher: . 176957 1/15/2004 Voucher: 176958 1/15/2004 Voucher: 176959 1/15/2004 Voucher: 176960 1/15/2004 Voucher: 176961 1/15/2004 Voucher: (Continued) 339573 37393000 Inv Date Description 12/29/2003 DEC 03 - SUPPLIES 12/26/2003 DEC 03 - SUPPLIES 12/29/2003 DEC 03 - SUPPLIES 12/19/2003 DEC 03 - SUPPLIES 12/22/2003 DEC 03 - SUPPLIES 12/24/2003 DEC 03 - SUPPLIES 12/12/2003 DEC 03 - SUPPLIES 12/19/2003 DEC 03 - SUPPLIES 12/19/2003 DEC 03 - SUPPLIES 12/5/2003 DEC 03 - SUPPLIES 12/12/2003 DEC 03 - SUPPLIES 12/17/2003 DEC 03 - SUPPLIES 12/12/2003 DEC 03 - SUPPLIES 12/15/2003 DEC 03 - SUPPLIES 12/12/2003 DEC 03 - SUPPLIES 12/30/2003 DEC 03 - SUPPLIES 10/29/2003 DEC 03 - SUPPLIES 12/23/2003 DEC 03 - SUPPLIES 12/31/2003 AG03-207:CONSOLIDATED H Amount Paid 835.58 509.63 263.83 146.49 129.55 118.59 111.16 67.58 47.77 42.70 27.87 24.69 24.66 18.44 15.20 13.81 11.40 8.43 3,571.20 462.40 374.65 7,243.39 157.12 1,797.00 915.00 2,215.21 Check Total 2,417.38 3,571.20 462.40 374.65 7,243.39 157.12 2,712.00 2,215.21 12/22/2003 SWM-331ST & 20TH TREE S 12/22/2003 PWS-STREET REPAIR MTN- 1/5/2004 AG03-1 07B:4QT03-P ARENTS 12/12/2003 SWM-EQUIPMENT USED TO I 1/1/2004 AGOO-51C:(DEC03) CHB JAN 1/1/2004 AGOO-14C:(DEC03)KLCC JNT 11/12/2003 AG02-136:0CT03-POTENTIA Page: 8 apChkLst 01/15/2004 11 :08:53AM Bank: key us bank Check # Date Vendor Final Check List CITY OF FEDERAL WAY Page: 9 (Continued) Invoice 176962 1/15/2004 005934 K P TRANSLATION SERVICE 12/17/03 Voucher: 176962 12/22/03 12/22/03 12/30/03 11/18/03 176963 1/15/2004 002679 KANG, SAI C Voucher: 176963 176964 1/15/2004 007807 KEEP IT CLEAN RECYCLING 819964 Voucher: 176964 176965 1/15/2004 001259 KING COUNTY CRIME VICTIM DEC 2003 Voucher: 176965 176966 1/15/2004 000125 KING COUNTY FINANCE DIV 1283463 C\ Voucher: 176966 1280844 \} ~ 176967 1/15/2004 000564 KING COUNTY PET LICENSE DEC 2003 \J Voucher: 176967 -.I 176968 1/15/2004 003898 KING COUNTY RADIO Voucher: 176968 176969 1/15/2004 000302 KING COUNTY RECORDS&EL03-101318 Voucher: 176969 176970 1/15/2004 000201 KINKO'S lNG, ACCOUNT #020 515100070981 Voucher: 176970 515100070995 515100070982 515100070818 176971 1/15/2004 000201 KINKO'S lNG, ACCOUNT #020515100070918 Voucher: 176971 176972 1/15/2004 001160 KUKER-RANKEN INC Voucher: 176972 176973 1/15/2004 Voucher: 176974 1/15/2004 Voucher: 176975 1/15/2004 Voucher: 003399 KVASNYUK, NIKOLAY 176973 000096 LAKEHAVEN UTILITY DISTRI 176974 701250 LAKEHAVEN UTILITY DISTRI 176975 303085 264677-001 264677 -003 264677 -002 265307 -000 DEC 03 3088801 01-42271 Inv Date Description 12/22/2003 MC-INTERPERTER SVCS 12/23/2003 MC-INTERPERTER SVCS 12/22/2003 MC-INTERPERTER SVCS 1/2/2004 MC-INTERPERTER SVCS 11/18/2003 MC-INTERPERTER SVCS 11/26/2003 SWR-NEIGHBORHOOD CLE 12/31/2003 MSF-DEC 03 REMIT CRIME V 12/16/2003 PWT-(NOV03)DISC INVSTGT 11/18/2003 PWT-(OCT03)DISC INVSTGT 12/31/2003 MSF-DEC 03 KC PET FEES R 12/31/2003 MSTEL-RADIO SERVICES- 12/31/2003 PW-RCRDNG FEE-02-005 12/31/2003 LAW-PRINTING SERVICES- 12/31/2003 PS-PRINTING SERVICES 12/31/2003 PS-PRINTING SERVICES 12/7/2003 PKRCS-PRINTING SVCS- 12/19/2003 CDPL - PM STUDY COPIES 12/12/2003 MSGIS - 24 LB PREMIUM CO 12/12/2003 C1806A BLACK INK FOR HP2 12/9/2003 MSGIS - 24 LB PREMIUM CO 12/17/2003 MSGIS-CREDIT 24LB PREMIU 12/16/2003 MC-INTERPERTER SVCS 12/17/2003 PWS-WATER SVCS- 12/31/2003 CDPL-RFND 01-104254-00 E Amount Paid 344.50 184.50 104.50 104.50 45.00 1,044.00 1,185.86 11,460.25 6,485.71 612.00 4,485.00 144.00 725.15 163.20 128.71 19.45 118.85 703.29 296.21 137.04 -126.63 160.00 36.29 3,456.46 Check Total 738.00 45.00 1,044.00 1,185.86 17,945.96 612.00 4,485.00 144.00 1,036.51 118.85 1,009.91 160.00 36.29 3,456.46 Page: 9 apChkLst 01/15/2004 11:08:53AM Final Check List CITY OF FEDERAL WAY Page: 10 Bank: key us bank (Continued) Check # Date Vendor Invoice 176976 1/15/2004 004052 LAW ENFORCEMENT EQUIP 12200306 Voucher: 176976 176977 1/15/2004 005668 LAW OFFICES OF DESMOND DEC2003 Voucher: 176977 176978 1/15/2004 007050 LAW OFFICES OF HAL GEIE AG02-125#23 Voucher: 176978 176979 1/15/2004 003157 LES SCHWAB TIRE CTRS OF '254336 Voucher: 176979 176980 1/15/2004 000630 LLOYD ENTERPRISES INC Voucher: 176980 176981 1/15/2004 005339 LOWE'S HIW INC Voucher: 176981 68294 68295 002434599871 002436370542 002436070442 002436570639 002435270171 002433899537 002433799502 002435370187 002436270508 002433899539 002431198305 002435270173 002435070066 002433799508 002435870411 002435770353 176982 1/15/2004 007805 MAC DONALD-MILLER FACIL 20344072 Voucher: 176982 176983 1/15/2004 004431 MADRONA PLANNING DVLP 00002878 Voucher: 176983 176984 1/15/2004 001004 MAILMEDIA INC Voucher: 176984 176985 1/15/2004 007661 MARATHON WOOD RECOVE 0457147925 Voucher: 176985 0457147928 ø ~~ Cò 41509 Inv Date Description 12/18/2003 PS-SAFETY EQUIPMENT 12/31/2003 AG01-62B:DEC03-PUBLIC DE 12/31/2003 AG02-125A:DEC03-PUBLIC 0 12/16/2003 MSFL T-TIRES 12/22/2003 PKM-STONE/GRAVEL SUPPL 12/19/2003 SWM-CLASS A ROCK 12/11/2003 DEC 03 -SUPPLIES 12/29/2003 DEC 03 -SUPPLIES 12/26/2003 DEC 03 -SUPPLIES 12/31/2003 DEC 03 -SUPPLIES 12/18/2003 DEC 03 -SUPPLIES 12/4/2003 DEC 03 -SUPPLIES 12/3/2003 DEC 03 -SUPPLIES 12/19/2003 DEC 03 -SUPPLIES 12/28/2003 DEC 03 -SUPPLIES 12/4/2003 DEC 03 -SUPPLIES 11/7/2003 DEC 03 -SUPPLIES 12/18/2003 DEC 03 -SUPPLIES 12/16/2003 DEC 03 -SUPPLIES 12/3/2003 DEC 03 -SUPPLIES 12/24/2003 DEC 03 -SUPPLIES 12/23/2003 DEC 03 -SUPPLIES 12/23/2003 PKCHB-LABORITRUCK CHA 12/22/2003 CD-EXPR:WALGREEN'S DRU 11/25/2003 PRCS-RECREATION BROCHt 9/30/2003 SWR-WOOD FROM RECYC 10/16/2003 SWR-WOOD FROM RECYC Amount Paid 50.27 1,650.00 9,233.00 136.00 297.86 62.02 653.93 624.33 461.37 290.19 127.68 102.74 72.94 54.31 53.11 53.08 23.85 19.06 18.21 15.33 8.58 6.97 435.20 415.20 1,085.77 420.80 53.00 Check Total 50.27 1,650.00 9,233.00 136.00 359.88 2,585.68 435.20 415.20 1,085.77 473.80 Page: 10 apChkLst 01/15/2004 11:08:53AM Final Check List CITY OF FEDERAL WAY Page: 11 Bank: key us bank (Continued) Invoice Check # Date Vendor 176986 1/15/2004 005406 MAYBERRY, MITCHEL Voucher: 176986 176987 1/15/2004 001234 MCCARTHY CAUSSEAUX RO 9025-00M-138 Voucher: 176987 176988 1/15/2004 004182 MCDONOUGH & SONS INC 131981 Voucher: 176988 176989 1/15/2004 007804 MICROFIBER CLEANING PRO 1049 Voucher: 176989 176990 1/15/2004 003740 MITY-LiTE INC Voucher: 176990 176991 1/15/2004 006388 MOE, AARON r::'\ Voucher: 176991 ~' 176992 1/15/2004 003352 MOTOROLA INC U..J Voucher: 176992 ~- \ 176993 1/15/2004 004419 MUSCO SPORTS LIGHTING L 107965 Voucher: 176993 176994 1/15/2004 001902 MYERS MASTER LAWN CAR 679 Voucher: 176994 678 176995 1/15/2004 001052 NAPA AUTO PARTS 735080 Voucher: 176995 735219 176996 1/15/2004 003167 NATIONAL ASSOC PARLIAME C GREEN Voucher: 176996 DEC 2003 414424 EMPL REIMB WO646788 Inv Date Description Amount Paid Check Total 12/17/2003 AG03-28: PKRCS-MARTIAL A 1,702.86 1,702.86 12/31/2003 AG96-148B:(DEC03)HEARIN 330.00 330.00 12/31/2003 AG01-95A:PKNG LOT VACUUI 1,125.42 1,125.42 12/11/2003 PRCS-FLAT MOP HARDWAR 85.41 85.41 12/24/2003 PKKFT-FOLDING TABLES 3,948.00 3,948.00 12/23/2003 PRCS-COFFEE POT/HLDY L 169.09 169.09 12/12/2003 MSDP/PS - MOTOROLA VRM 408.00 408.00 12/29/2003 PKM-CELEBRA TION PK SPO 9,220.80 9,220.80 12/30/2003 AG01-66A:(DEC03)PKS LNDS 98.78 12/30/2003 AG01-66A:(DEC03)CH LNDSC 10.51 109.29 12/30/2003 MSFL T-REPAIR SUPPLIES 22.84 12/31/2003 MSFL T-REPAIR SUPPLIES 17.37 40.21 1/13/2004 MSC-C GREEN 2004 ASSOC [ 70.00 70.00 Page: 11 apChkLst 01/15/2004 11:08:53AM Final Check List CITY OF FEDERAL WAY Page: 12 Bank: key us bank (Continued) Check # Date Vendor Invoice 176998 1/15/2004 Voucher: 000043 NEW LUMBER & HARDWARE 164109 176998 163959 164072 163990 163822 164046 164244 164710 164708 163399 164329 164285 164289 164638 164077 164125 164537 164516 164678 163547 163499 163588 163837 163099 164052 164637 164505 164749 164532 163057 164487 164675 163855 164000 164592 GJ ,...C. d Inv Date Description Amount Paid Check Total 12/11/2003 PKM-SUPPLIES 99.40 12/8/2003 SWM-SUPPLIES 49.92 12/10/2003 PWST-SUPPLIES 48.86 12/9/2003 SWM-SUPPLIES 47.78 12/4/2003 PWS-MAINT TOOLlSUPPLIE 45.02 12/10/2003 PWST-SUPPLIES 39.16 12/16/2003 PWST-SUPPLIES 39.16 12/30/2003 PKM-SUPPLIES 36.39 12/30/2003 PKM-SUPPLIES 34.83 11/21/2003 PKM-SUPPLIES 34.36 12/17/2003 PRCS-SUPPLIES 31.20 12/16/2003 PKM-SUPPLIES 29.81 12/16/2003 PKM-SUPPLIES 28.97 12/29/2003 PRCS-SUPPLIES 28.55 12/10/2003 PKM-SUPPLIES 28.49 12/11/2003 PKM-SUPPLIES 26.87 12/23/2003 PWST-SUPPLIES 26.48 12/22/2003 PKM-SUPPLIES 26.43 12/30/2003 PRCS-SUPPLIES 23.49 11/25/2003 PKM-SUPPLIES 23.25 11/24/2003 PKM-SUPPLIES 20.53 11/26/2003 PKM-SUPPLIES 20.53 12/4/2003 PKM-SUPPLIES 18.58 11/13/2003 PKM-SU PPLI ES 17.60 12/10/2003 PKM-SUPPLIES 16.64 12/29/2003 PWST -SUPPLI ES 14.63 12/22/2003 PKM-SUPPUES 12.99 12/31/2003 SWM-SUPPLIES . 11.30 12/23/2003 PKM-SUPPUES 10.38 11/12/2003 PKM-SUPPLIES 10.28 12/22/2003 SWM-SUPPLIES 10.27 12/30/2003 SWM-SUPPLIES 9.20 12/4/2003 PKM-SUPPLIES 7.78 12/9/2003 PKM-SUPPLIES 7.19 12/26/2003 SWM-SUPPLIES 6.35 Page: 12 apChkLst 01/15/2004 11 :08:53AM Bank: key us bank Check # Date Vendor Final Check List CITY OF FEDERAL WAY Page: 13 (Continued) Invoice 164602 164485 164051 164258 162460 164424 164250 164520 163869 CREDIT DECEMBER 03 S 1134642000 326612 400102318025 176999 1/15/2004 000089 NEWS TRIBUNE Voucher: 176999 ?¿.. 177000 1/15/2004 004701 NEXTEL COMMUNICATIONS Voucher: 177000 177001 1/15/2004 000784 NORTH AMERICAN COMMUNIIE047982 Voucher: 177001 177002 1/15/2004 003736 NORTHWEST TOWING INC 8550 Voucher: 177002 177003 1/15/2004 003529 OCCUPATIONAL HEALTH SE 96637-001 Voucher: 177003 177004 1/15/2004 702027 OFFICE OF JUSTICE PROGRPRFND LLEBG Voucher: 177004 177005 1/15/2004 002623 OFFICEMAX CREDIT PLAN Voucher: 177005 177006 1/15/2004 Voucher: 177007 1/15/2004 Voucher: 177008 1/15/2004 Voucher: 177009 1/15/2004 Voucher: 6232J353 36649586 2558J346 32448586 007444 ORCA PACIFIC INC 008926 177006 008964 000504 ORIENTAL GARDEN CENTER 028700 177007 028741 005741 OUTCOMES BY LEVY DEC 2003 177008 000112 PACIFIC COAST FORD INC FOCS96795 177009 Inv Date Description 12/26/2003 SWM-SUPPLI ES 12/22/2003 PRCS-SUPPLIES 12/10/2003 PKM-SUPPLIES 12/16/2003 SWM-SUPPLIES 10/29/2003 PKM-SUPPLIES 12/19/2003 PRCS-SUPPLIES 12/16/2003 PKM-SUPPLIES 12/22/2003 PKM-SUPPLIES 12/5/2003 PKM-SUPPLIES 12/16/2003 PKM-FACILITIES REPAIR SU 12/28/2003 MSHR-DEC 03 JOB ADS- 12/2/2003 CDL-LEGAL NOTICE FOR AV 12/21/2003 CM-04 NEWSPAPER SUB C 12/29/2003 MSTEL-CELLULAR AIRTIME 12/19/2003 MSDP/PS AVAYA 4606 IP PH 11/2/2003 PS-TOWING SERVICES 12/30/2003 PS-AUDIOMETRIC SCREEENI 12/31/2003 MSF-RETURN OF UNSPENT ~ 12/19/2003 PWDS-OFFICE SUPPLIES 12/26/2003 PKM-OFFICE SUPPLIES 12/12/2003 PKM-OFFICE SUPPLIES 12/26/2003 PKM-OFFICE SUPPLIES 12/19/2003 AG03-154:CHEMICAL SVCS- 12/22/2003 AG03-154:CHEMICAL SVCS- 12/22/2003 PKCP-REPAIR/MAINT SUPPL 12/23/2003 PKM-REPAIR/MAINT SUPPLI 12/31/2003 AG01-9F:DEC03 LEGISLATIV 10/21/2003 PS-TRAFFIC ACCIDENT INVE Amount Paid 6.20 4.34 3.95 3.91 3.53 2.60 1.86 1.56 0.84 -12.14 1,317.96 217.92 138.00 6,824.96 653.89 286.69 25.00 66,005.68 326.39 271.99 24.55 10.87 222.77 179.53 775.07 35.21 3,972.77 173.64 Check Total 959.32 1,673.88 6,824.96 653.89 286.69 25.00 66,005.68 633.80 402.30 810.28 3,972.77 173.64 Page: 13 apChkLst 01/15/2004 11:08:53AM Final Check List CITY OF FEDERAL WAY Page: 14 Bank: key us bank (Continued) Check # Date Vendor 177010 1/15/2004 002379 PACIFIC TOPSOILS INC Voucher: 177010 Invoice 58014 58602 58686 58610 58676 56871 56857 56847 56859 56878 56874 W04401390101 GJ 177011 1/15/2004 000920 PAPER DIRECT INC L. Voucher: 177011 ~ 177012 1/15/2004 007850 PARTNER, ROB GERALD JR PARTNER \ Voucher: 177012 177013 1/15/2004 007848 PATRICK, SHANE Voucher: 177013 177014 1/15/2004 007844 PBC INC Voucher: 177014 177015 1/15/2004 005293 PEOPLE'S TRANSLATION SE 3350 Voucher: 177015 177016 1/15/2004 003386 PEREZ, RICK Voucher: 177016 177017 1/15/2004 002557 PETTY CASH FUND-PARKS M PKM 1/6/04 Voucher: 177017 177018 1/15/2004 005583 PRAXAIR DISTRIBUTION INC 125031 Voucher: 177018 177019 1/15/2004 000049 PRESTON GATES & ELLIS LL 608715 Voucher: 177019 608715 . 604033 607078 PATRICK,S 02-49364 EMPL REIMB Inv Date DescriDtion 11/19/2003 PWS-SAN DY LOAM/DRY SO 12/15/2003 PWS-SANDY LOAM/DRY SO 12/16/2003 PWS-SANDY LOAM/DRY SO 12/15/2003 PWS-SANDY LOAM/DRY SO 12/16/2003 PWS-SANDY LOAM/DRY SO 10/17/2003 SWM-SANDY LOAM DUMP F 10/17/2003 PWS-SANDY LOAM/DRY SO 10/17/2003 PWS-SANDY LOAM/DRY SO 10/17/2003 PWS-SANDY LOAM/DRY SO 10/17/2003 PWS-SANDY LOAM/DRY SO 10/17/2003 PWS-SANDY LOAM/DRY SO 12/19/2003 PS-OFFICE SUPPLIES 12/17/2003 MC-JUROR FEE: 12/17/03 1/7/2004 PKRCS-REFUND RENTAL DE Amount Paid 108.42 107.39 90.35 90.35 90.35 89.40 89.40 89.40 89.40 89.40 89.40 43.93 20.00 190.00 368.28 91.56 271.44 39.34 8.70 6,705.76 3,189.40 1,068.24 738.50 Check Total 1,023.26 43.93 20.00 190.00 368.28 91.56 271.44 39.34 8.70 11,701.90 12/31/2003 CDPL-RFND 02-102451-00 E 12/9/2003 MC-INTERPERTER SVCS 12/31/2003 PWTR-PARKING ITE CONF 8 12/31/2003 PKM-DAIL Y REMINDER FOR I 12/20/2003 PKM-WELDING SUPPLIES 12/31/2003 AG02-137:NOV03-CLASS AC 12/31/2003 AG02-73A:NOV03-LGL SVCS- 11/17/2003 AG02-124B:OCT03-LEGAL S 12/15/2003 AG02-124B:NOV03-LEGAL S Page: 14 apChkLst 01/15/2004 11:08:53AM Final Check List CITY OF FEDERAL WAY Page: 15 Bank: key us bank Check # Date Vendor Invoice 177020 1/15/2004 000051 PUGET SOUND ENERGY INC 156-140-2114 Voucher: 177020 411-836-4779 398-842-1008 128-255-2015 483-657 -3297 888-389-1007 017-470-1375 625-940-2003 411-836-9315 993-440-2000 996-289-0001 190-977 -0008 895-405-1002 652-017-1007 128-255-9812 753-129-1008 736-169-1004 472-400-1005 889-288-1007 786-203-1007 004-919-1000 250-275-4910 357-656-6131 017 -470-5400 121-220-2004 699-699-1003 221-220-2002 447-269-431 G> -C. \..r-J 177021 1/15/2004 Voucher: 177022 1/15/2004 Voucher: 177023 1/15/2004 Voucher: (Continued) 002690 PUGET SOUND ENERGY-KE 177021 007708 PZCS CONSTRUCTION MANANOV-DEC03 177022 006394 QUADRANT CORPORATION 02-51717 177023 Inv Date Description 12/19/2003 PKM-NOV03-FAC ELECTRCT 12/19/2003 PWTR-ELECTRICfTY CHARG 12/17/2003 PKRCS-ELECTRICITY CHGS 12/18/2003 PWTR-ELECTRICITY CHARG 12/18/2003 PWTR-ELECTRICITY CHARG 12/17/2003 MC-ELECTRICITY CHRGS 12/16/2003 PWTR-ELECTRICITY CHARG 12/19/2003 PWTR-ELECTRICITY CHARG 12/19/2003 PWTR-ELECTRICITY CHARG 12/18/2003 PWTR-ELECTRICITY CHARG 12/19/2003 PWTR-ELECTRICITY CHARG 12/18/2003 PWTR-ELECTRICITY CHARG 12/19/2003 PWTR-ELECTRICITY CHARG 12/19/2003 PWTR-ELECTRICITY CHARG 12/18/2003 PWTR-ELECTRICITY CHARG 12/18/2003 PWTR-ELECTRICITY CHARG 12/18/2003 PWTR-ELECTRICITY CHARG 12/19/2003 PWTR-ELECTRICITY CHARG 12/19/2003 PWTR-ELECTRICITY CHARG 12/19/2003 PWTR-ELECTRfCITY CHARG 12/17/2003 SWM-ELECTRICITY CHRGS- 12/18/2003 PWTR-ELECTRICITY CHARG 12/17/2003 PWTR-ELECTRICITY CHARG 12/17/2003 PWTR-ELECTRICITY CHARG 12/19/2003 PWTR-ELECTRICITY CHARG 12/18/2003 PWS-ELECTRICITY CHRGS - 12/19/2003 PWTR-ELECTRICITY CHARG 11/26/2003 AG02-116:HWY99 PH2 PSE # 12/28/2003 AG03-189:(11-12/03)CSTR CN 12/31/2003 CDPL-RFND 01-100739-00 E Amount Paid 21,544.14 2,586.26 1,679.89 764.83 373.49 347.76 288.92 288.49 238.91 211.89 172.90 171.55 151.56 137.11 113.48 104.69 71.02 71.02 58.57 53.43 39.80 27.64 23.37 11.91 6.58 5.84 5.84 104,231.00 3,444.00 457.80 Check Total 29,550.89 104,231.00 3,444.00 457.80 Page: 15 apChkLst 01/15/2004 11:08:53AM Final Check List CITY OF FEDERAL WAY Page: 16 Bank: key us bank Check # Date Vendor 177024 1/15/2004 006860 QUIGG BROS INC Voucher: 177024 (Continued) Invoice 207444 207431 207447 2539469943 2539427800 08422 177025 1/15/2004 000202 QWEST Voucher: 1770:¿5 177026 1/15/2004 007838 RAINIER NURSERY LLC Voucher: 177026 177027 1/15/2004 007845 RAINIER PACIFIC BANK Voucher: 177027 r---.. 177028 1/15/2004 006073 REGAN, WILLIAM \). J Voucher: 177028 ;Co 177029 1/15/2004 006873 REGENCY CLEANERS -'- Voucher: 177029 '177030 1/15/2004 002120 RESTAURANT APPLIANCE S 1014465-IN Voucher 177030 177031 1/15/2004 007399 RHODERDRON SPECIES FO TEG AWARD Voucher: 177031 177032 1/15/2004 003469 ROAD WARRIORS INC Voucher: 177032 177033 1/15/2004 000804 ROBERT H LEWIS & ASSOCI 698/03 Voucher: 177033 177034 1/15/2004 000518 SAFETY & SUPPLY COMPAN 866651-1 Voucher: 177034 177035 1/15/2004 007846 SBI DEVELOPMENT Voucher: 177035 177036 1/15/2004 000790 SEATTLE POST-INTELLIGENC50680432 Voucher: 177036 177037 1/15/2004 007851 SEEBURGER, WILLIAM JR SEEBURGER Voucher: 177037 177038 1/15/2004 005340 SENIOR SERVICES OF SEAT NOV 2003 Voucher: 177038 DEC 2003 02-51577 02-46081 DEC 2003 110407 02-51903 Inv Date Description 12/18/2003 PWST-INBOUND-CONCRETE 12/16/2003 PWST-INBOUND-CONCRETE 12/19/2003 PWST-INBOUND-CONCRETE 12/16/2003 MSTEL-12/16/03-1/16/04 PHO 12/25/2003 MSTEL-12/25/03-1/25/04 PHO 12/29/2003 PKM-FLOWERS & PLANTS 12/31/2003 CDPL-RFND 03-101179-00 E 12/31/2003 PWS-RFND ROW PRMT #0 12/31/2003 AG02-98:(DEC03)PS DRY CL 11/18/2003 PRCS-DISHWASHER 200B S 12/31/2003 2003 2ND ROUND TEG AWAF< 11/24/2003 PWST-TRAFFIC CONTROL S 1/5/2004 MSC-10/27/03 APPITRANSCRI Amount Paid 137.76 132.36 59.70 61.83 30.31 451.03 3,770.80 300.00 2,673.29 129.75 2,815.00 1,071.00 302.50 598.40 150.00 39.00 24.32 319.00 290.00 Check Total 329.82 92.14 451.03 3,770.80 300.00 2,673.29 129.75 2,815.00 1,071.00 302.50 598.40 150.00 39.00 24.32 609.00 12/18/2003 SWM-CHEETAH 5500 HIGHT 12/31/2003 CDPL-RFND 99-101321-00 E 12/22/2003 PS-13 WKS NEWSPAPER SU 12/15/2003 MC-J U ROR FEE: 12/15-16/03 11/30/2003 PRCS-NOV03-SR MEAL PRO 12/31/2003 PRCS-DEC03-SR MEAL PRO Page: 16 apChkLst 01/15/2004 11:08:53AM Final Check List CITY OF FEDERAL WAY Page: 17 Bank: key us bank (Continued) Check # Date Vendor Invoice 1210/8749 1203/1622 1126/2732 1217/7724 1224/6065 177040 1/15/2004 005761 SIR SPEEDY PRINTING #090533490 Voucher: 177040 33677 177041 1/15/2004 000056 SIR SPEEDY PRINTING CENTI30570 Voucher: 177041 30640 177042 1/15/2004 007308 SOUND CHRISTIAN FELLOW~C2713R5193 Voucher 177042 ~ 177043 1/15/2004 000723 SOUND RESOURCE MGMT G FWA-010 \1 ~ Voucher: 177043 ...¡: 177044 1/15/2004 001885 SPARKS CAR CARE \J) Voucher: 177044 12512 12546 12530 12494 12529 12477 12493 12360 177045 1/15/2004 001618 SPEEDY AUTO & WINDOW G 1053113 Voucher: 177045 177046 1/15/2004 002548 SPRAGUE PEST CONTROL 198894 Voucher: 177046 177047 1/15/2004 003735 ST FRANCIS HOSPITAL Voucher: 177047 177048 1/15/2004 003307 STERICYCLE INC Voucher 177048 177049 1/15/2004 005921 STL SEATTLE Voucher: 177049 177050 1/15/2004 007710 SUPERIOR LINEN SERVICE Voucher: 177050 177051 1/15/2004 004637 SWINGWERK GOLF INSTR Voucher: 177051 177039 1/15/2004 001988 SERVICE LINEN SUPPLY Voucher: 177039 02-45155 02-43744 0002581772 58015821 414546 418510 FALL 2003 Inv Date Description 12/10/2003 PKRLS-LiNEN SERVICES AC 12/3/2003 PKRLS-LiNEN SERVICES AC 11/26/2003 PKRLS-LiNEN SERVICES AC 12/17/2003 PKRLS-LiNEN SERVICES AC 12/24/2003 PKRLS-LiNEN SERVICES AC 12/17/2003 PWDS-PRINTING SVCS-STO 12/15/2003 CDB-CITIZEN ACTION COMPI 12/11/2003 MSC-PRINTING SERVICES 12/29/2003 MSC-PRINTING SERVICES 1/8/2004 PKDBC-REFUND RENTAL DE 12/30/2003 AGOO-154A: SOL WST/RECY C 12/23/2003 PS-REPAIR/SVC 12/31/2003 PS-REPAIR/SVC 12/31/2003 PS-REPAIR/SVC 12/19/2003 MSFTL-AG03-157 VHCS MNT 12/29/2003 PS-REPAIR/SVC 12/18/2003 PS-REPAIR/SVC 12/19/2003 MSFTL-AG03-157 VHCS MNT 11/25/2003 PS-REPAIR/SVC 12/18/2003 MSR-LS DT 12/17/03 FILE #0 12/1/2003 PKRLS-PEST CONTROL SVC 12/31/2003 PW-RFND EXP RVW #01-1 12/31/2003 PW-RFND EXP RVW #00-1 12/16/2003 PS-WASTE DISPOSAL FEES 12/20/2003 SWM-LABORA TORY TESTI 12/2/2003 PRCS-FLOOR MAT RENTAL ~ 12/16/2003 PRCS-FLOOR MAT RENTAL :: 11/28/2003 AG02-39:FALL 2003 -GOLF L Amount Paid 19.03 19.03 19.03 19.03 19.03 374.32 343.20 300.55 135.53 150.00 1,215.00 439.60 391.29 275.82 51.35 50.11 46.13 27.20 17.88 618.10 52.22 2,556.70 2,211.04 10.96 420.00 45.05 45.05 1,035.00 Check Total 95.15 717.52 436.08 150.00 1,215.00 1,299.38 618.10 52.22 4,767.74 10.96 420.00 90.10 1,035.00 Page: 17 apChkLst 01/15/2004 11:08:53AM Final Check List CITY OF FEDERAL WAY Page: 18 Bank: key us bank (Continued) 177054 1/15/2004 000588 TACOMA PUBLIC UTILITIES Voucher: 177054 177055 1/15/2004 001601 TAK INC Voucher: 177055 177056 1/15/2004 007852 TALOR, CATHY Voucher: 177056 177057 1/15/2004 005434 TELEVISION EQUIPMENT 7294 Voucher: 177057 ~ 177058 1/15/2004 006746 THE MUSEUM OF FLIGHT 530711 ~ Voucher: 177058 c;-- 177059 1/15/2004 001424 THYSSENKRUPP ELEVATOR 1748188 Voucher: 177059 748187 177060 1/15/2004 007381 TOM MATSON DODGE DOCS229224 Voucher: 177060 177061 1/15/2004 001267 TOP FOODS HAGGEN INC Voucher: 177061 Check # Vendor Date 177052 1/15/2004 006655 SZPEK, JOSEPH Voucher: 177052 177053 1/15/2004 005215 TAB NORTHWEST Voucher: 177053 177062 1/15/2004 001436 TREE RECYCLERS Voucher: 177062 177063 1/15/2004 003837 UNITED PARCEL SERVICE Voucher: 177063 Invoice 0707272-IN 11-13827 12-14327 12-14370 100048250 6339 320802 338172 332539 332523 31231 000F6588V513 000F80F48513 000F6588V523 005019 UNITED RENTALS NORTHWE37357282-001 177064 37294214-002 37774870-002 37861115-001 177064 1/15/2004 Voucher: Inv Date Description 12/10/2003 CDB-ANSI A 117.1-98 ACCES 12/22/2003 PS-OFFICE EQUIPMENT/SUP 12/24/2003 PS-OFFICE SUPPLIES 12/31/2003 PS-OFFICE SUPPLIES 12/24/2003 PKDBC/KFT-PUBLIC UTI LIT 12/31/2003 CM-WINTER 03/04 NEWSLET 12/30/2003 NMF-PRJ:ENGLISH GARDEN~ 11/18/2003 PS-TELEPHONE HEADSETS 10/11/2003 PRCS- REC INC TRIP 12/16/2003 AG03-199:DEC03-NEW CH E 12/16/2003 AG03-199:NOV03-NEW CH E 12/31/2003 PS-#523 BRAKE INSPECTIO 12/16/2003 PKRCS-PROGRAM SUPPLIE 12/19/2003 PKRCS-PROGRAM SUPPLIE 12/31/2003 PKRCS-PROGRAM SUPPLIE 12/31/2003 PKM-TREE CLEARING SERV 12/20/2003 PS-DOCUMENT DELIVERY S 12/20/2003 PS-DOCUMENT DELIVERY S 12/27/2003 PS-DOCUMENT DELIVERY S 12/3/2003 PWS-REPAIR/MAINT SUPPL 12/5/2003 PWS-REPAIR/MAINT SUPPL 12/17/2003 PKCP-EQP RENTALISUPPLI 12/19/2003 PWS-REPAIR/MAINT SUPPL Amount Paid 28.01 4,830.72 194.25 25.97 326.91 3,048.58 370.48 656.80 88.00 139.68 119.68 51.41 170.28 93.81 7.56 3,264.00 16.54 12.67 7.61 806.54 248.06 196.53 29.00 Check Total 28.01 5,050.94 326.91 3,048.58 370.48 656.80 88.00 259.36 51.41 271.65 3,264.00 36.82 1,280.13 Page: 18 apChkLst 01/15/2004 11:08:53AM Final Check List CITY OF FEDERAL WAY Page: 19 Bank: key us bank (Continued) Check # Date Vendor 177065 1/15/2004 007357 UNITED REPROGRAPHICS Voucher: 177065 Invoice GJ .-C --...j 0056999-1 N 0042702-IN 0O56979-IN 0058003-1 N 0057073-1 N 0056998-1 N 0058002-IN 0054170-IN 0057083-IN 0057039-IN 0057009-IN 0054169-IN 0056989-IN 0057095-IN 0057010-IN 0057067-IN 0057050-IN 0057000-IN 0057090-IN 0057115-IN 177066 1/15/2004 007842 UNIVERSITY OF PUGET SOUHEG AWARD Voucher: 177066 177067 1/15/2004 001805 VADIS NORTHWEST Voucher: 177067 177068 1/15/2004 003563 VALLEY COMMUNICATIONS COO01892 Voucher: 177068 177069 1/15/2004 000294 VILMA SIGNS Voucher: 177069 177070 1/15/2004 007243 VISIBLE Voucher: 177070 177071 1/15/2004 003528 WA STATE CRIMINAL JUSTI 2003-0454 Voucher: 177071 177072 1/15/2004 001033 WA STATE DEPT OF LlCENS 232010027057 Voucher: 177072 00013572 1205 251253865 Inv Date Description 12/15/2003 CM-PRINTING, BINDING OF A 12/24/2003 CM-NEW CITY HALL DESIG 12/11/2003 CM-PRINTING, BINDING OF A 12/31/2003 CM-NEW CITY HALL DESIG 12/24/2003 CM-NEW CITY HALL DESIG 12/12/2003 CM-PRINTING, BINDING OF A 12/31/2003 CM-NEW CITY HALL DESIG 12/30/2003 CM-NEW CITY HALL DESIG 12/24/2003 CM-NEW CITY HALL DESIG 12/19/2003 CM-PRINTING, BINDING OF A 12/16/2003 CM-PRINTING, BINDING OF A 12/30/2003 CM-NEW CITY HALL DESIG 12/11/2003 CM-PRINTING, BINDING OF A 12/24/2003 CM-NEW CITY HALL DESIG 12/16/2003 CM-PRINTING, BINDING OF A 12/19/2003 CM-PRINTING, BINDING OF A 12/19/2003 CM-PRINTING, BINDING OF A 12/29/2003 CM-NEW CITY HALL DESIG 12/24/2003 CM-NEW CITY HALL DESIG 12/29/2003 CM-NEW CITY HALL DESIG 12/31/20032003 2ND ROUND TEG AWAF 12/31/2003 AGOO-2B:DEC03-LlTTER CNT 12/24/2003 PS-DEC 03 MDT USER FEE- 12/10/2003 PKCHB-WARNING CONSTRU 12/10/2003 MSF-W2 ENVELOPES 12/22/2003 PS-1 0/6-1 0/17/03 COLLISION I 12/31/2003 PW-ENG LICENSES RNWLS- Amount Paid 1,250.99 733.35 567.53 383.77 187.41 174.29 96.88 89.31 64.76 62.02 44.06 37.53 32.12 30.49 29.38 29.38 29.38 29.38 29.38 10.28 5,000.00 4,101.42 765.00 387.33 240.60 416.00 116.00 Check Total 3,911.69 5,000.00 4,101.42 765.00 387.33 240.60 416.00 116.00 Page: 19 apChkLst 01/15/2004 11:08:53AM Final Check List CITY OF FEDERAL WAY Page: 20 Bank: key us bank (Continued) Check # Date Vendor Invoice 177073 1/15/2004 004258 WA STATE DEPT OF LlCENS DEC2003 Voucher: 177073 177074 1/15/2004 000851 WA STATE PATROL Voucher: 177074 177075 1/15/2004 004628 WA STATE PATROL IDENTI 10307750 Voucher: 177075 177076 1/15/2004 000514 WA STATE-STATE REVENUE DEC 2003 Voucher: 177076 177077 1/15/2004 006853 WAHl, PRAN Voucher: 177077 177078 1/15/2004 000783 WASTE MANAGEMENT Voucher: 177078 \)J 177079 1/15/2004 005392 WAYNE INVESTIGATIONS 0026 .L: Voucher: 177079 . : 177080 1/15/2004 006116 WEST GROUP PAYMENT CE 805739741 C9 Voucher: 177080 177081 1/15/2004 000173 WEST PUBLISHING CORPORJ805591941 Voucher: 177081 177082 1/15/2004 005680 WILD WEST INTERNATIONAL 2899 Voucher: 177082 177083 1/15/2004 000660 WOODWORTH & COMPANY 1162159 Voucher 177083 162160 177084 1/15/2004 000428 WRPA-WA REC & PARK ASS 03-106 Voucher: 177084 177085 1/15/2004 002804 WS PACKING GROUP INC 117950 Voucher: 177085 . 177086 1/15/2004 005545 YSIINCORPORATED Voucher: 177086 177087 1/15/2004 000694 lEE MEDICAL SERVICE COMf68781851 Voucher: 177087 00021202 12/22/03 003543110559 472306 Inv Date Description Amount Paid Check Total 12/31/2003 PS-REMIT CPL FEES 528.00 528.00 12/15/2003 MSDP-(DEC03) ACCESS US 2,846.31 2,846.31 12/4/2003 PS-REMIT CPL (FINGERPRIN 265.00 265.00 12/31/2003 MSF- DEC 2003 REMIT STAT 63,870.22 63,870.22 12/22/2003 MC-INTERPERTER SVCS 115.00 115.00 12/1/2003 PWSWR-LiTTER DISPOSAL 336.13 336.13 12/31/2003 AGOO-79C:DEC03-LEGAL PR 100.00 100.00 12/25/2003 MC-WA COURT RULES 03/04 411.24 411.24 11/30/2003 MSDP-DATABASE ACCESS S 1,181.87 1,181.87 12/31/2003 PS-DEC 03 POLICE FIRING R 73.17 73.17 12/22/2003 SWM-MODIFIED AlB HOTMIX 556.93 12/22/2003 SWM-MODfFIED AlB HOTMIX 57.59 614.52 11/3/2003 PRCS-R JOHNSON MID YEA 79.00 79.00 12/16/2003 CDB - 04 SIGN REGISTRATJO 184.55 184.55 12/3/2003 SWM-WATER QUALITY EQU 180.98 180.98 12/12/2003 PKRCS-FIRST AID SUPPLIES 90.85 90.85 Sub total for us bank: 848,609.60 Page: 20 apChkLst 01/15/2004 11 :08:53AM Final Check List CITY OF FEDERAL WAY Page: 21 216 checks in this report. Grand Total All Checks: 848,609.60 G' ...c ~ Page: 21 apChkLst 01/15/2004 11:08:53AM Final Check List CITY OF FEDERAL WAY Page: 22 Bank code: key Check # Date 176997 1/15/2004 520662 12/16/2003 Q ~) ð Page: 22 apChkLst 01/02/2004 3:02:34PM ~~4) Final Check List CITY OF FEDERAL WAY Page: 1 Bank: key us bank Check # Date 176824 1/2/2004 Voucher: Vendor Invoice 000475 ALARM CENTERS/CUSTOM S 2921042-000 176824 2921041-000 4000564-000 2910038-000 21972-548378 21973-548379 21974-548380 21970-548377 2004 176825 1/2/2004 001870 BANK OF NEW YORK Voucher: 176825 176826 1/2/2004 í"'. Voucher: ~ 176827 1/2/2004 Voucher: 176828 1/2/2004 Voucher: 176829 1/2/2004 Voucher: -- 176830 1/2/2004 Voucher: 176831 1/2/2004 Voucher: 176832 1/2/2004 Voucher: 176833 1/2/2004 Voucher: 176834 1/2/2004 Voucher: 176835 1/2/2004 Voucher: 002341 CENTRAL PUGET SOUND 176826 007385 GMAC COMMERCIAL MORTG 982004776 176827 007539 IABPA(INTL ASSO OF BLD PA 2004-SHOCKLE 11/7/2003 176828 001843 MORRIS PIHA REAL ESTATE ~1024-JAN04 176829 JAN 2004 1023-JAN04 1025-JAN04 3060-JAN04 132650 004550 SOFTECH INC 176830 000308 SUBURBAN CITIES ASSOCIA 2004 SCA 176831 000341 SUNRISE SELF STORAGE A-8 (JAN04) 176832 005754 THE PERFORMANCE INSTIT L 14545196 176833 005704 VERTICAL TRANSPORTATIO VT056424X104 176834 DVT05646X 104 001061 WA STATE AGRICULTURE D 60137 176835 60141 Iny Date Description 12/20/2003 PKCP-(1QTR04) ALRM MNTR- 12/20/2003 PKCP-(1TR04)ALARM MTR/S\ 12/20/2003 PKCHB-(JAN04)ALRM MNTR ~ 12/20/2003 PKRCS-(JAN04)ALRM MNTR ~ 12/10/2003 MSF-2004 ADMIN MAINT FEE 12/10/2003 MSF-2004 ADMIN MAINT FEE 12/10/2003 MSF-2004 ADMIN MAINT FEE 12/10/2003 MSF-2004 ADMIN MAINT FEE 1/2/2004 MS-2004 REAL ESTATE SUR\ 12/16/2003 (JAN04) MRTGT PYMT PARA( PS-2004-IABPA MBSHP- BILL 1/2/2004 AG98-212B:(JAN04)PS BLDG I 1/2/2004 AG99-139A: (JAN04 )MC BLDG 1/2/2004 AG98-212B:(JAN04)PS BLDG I 1/2/2004 AG98-212B:(JAN04)PS BLDG I 1/2/2004 AG93-51:(JAN04)KLCC PARKI 11/26/2003 PS-2004 ANNUAL TECH SUrF 1/1/2004 CM-2004 SCA DUES ASSESSI Amount Paid 120.00 120.00 103.00 59.74 603.50 303.50 303.50 189.25 163.20 48,429.50 40.00 13,334.60 6,964.00 4,571.40 3,106.00 509.90 60.00 34,490.43 170.00 1,390.00 157.05 156.47 25.00 25.00 Sub total for us bank: Check Total 402.74 1,399.75 163.20 48,429.50 40.00 28,485.90 60.00 34,490.43 170.00 1,390.00 313.52 50.00 115,395.04 1/2/2004 PS-JAN04 STRG RENTAL FE 12/29/2003 PS-PFM INST TRG FEB9-11, 12/20/2003 AGOO-171:(JAN04)KLCC ELV 12/20/2003 AG01-61:(JAN04)CH ELEVATe 1/2/2004 SWM-2004 PSTCD LCNS RN 1/2/2004 SWM-2004 PSTCD LCNS RN Page: 1 apChkLst 01/02/2004 3:02:34PM Final Check List CITY OF FEDERAL WAY Page: 2 12 checks in this report. Grand Total All Checks: 115,395.04 GJ \J\ ¡-> Page: 2 apChkLst 01/02/2004 3:02:34PM Final Check List CITY OF FEDERAL WAY Page: 3 Void Checks Bank code: key (none) GJ \Jì, \.....J Page: 3 G>SL{ apChkLst 01/15/2004 9:59:31AM Final Check List CITY OF FEDERAL WAY (dOêJ4- ) Page: 1 Bank: key us bank 75.00 7sy 10,000.00 ~.oo / 60.00 /,,/ 60.00 / PKM-AFTER HR CALL-OUT S /~1 / // / 46,634.75 / Check # Date Vendor Invoice Inv Date Description 12/16/2003 MSF-NOV03-REMIT B&O TAX Amount Paid 13,888.08 12 12/31/2003 000061 Voucher: 176836 1/8/2004 Voucher: 176837 1/8/2004 11/25/2003 PS-REMIT ALIEN FIREARM 75.00 11/25/2003 PS-SEPT-OCT03-REMIT CPL I 645.00 1/7/2004 MC-D TRACY2/29-3/2/04 PRE 1/2/2004 2004 CONTRIBUTION TO AC 12/20/2003 PKKFT- 1/04-3/04 ALRM MNT \)J 176M ~\ 17684 \J) 1/1/2004 12/8/2003 2004 SERVICE FEE ~Glùt ~ 7515 7505 13 ~8 75 6 "l 07 509 7510 V 7517 7514 / 7512 7504 75 Ó8 7502 -S 5427 5426 1,904.00 1,717.92 894.94 748.00 616.26 551.70 489.60 489.60 307.56 272.28 211.50 171.45 7.16 4~ . 44.70 951.50 929.50 176844 1/15/2003 004359 CENTURY SQUAR~& Vouche~ 176844 Check Total 79.41 46,634.75 8,606.47 1,881.00 d~ ~ \ n(ßYV<:c,+Jevte OY\ ~~. Page: 1 apChkLst 01/15/2004 9:59:31AM Final Check List CITY OF FEDERAL WAY Page: 2 Bank: key us bank Check # Date Vendor 176845 1/15/2003 Voucher: 176846 1 /~ Voucher: 176847 1/15/2003 ð Voucher: 176848 1/15/2003 Voucher: (Continued) Invoice 30225 Inv Date Description 12/16/2003 MSDP-04 E-GOV ALLIANCE M Amount Paid 3,000.00 Check Total . 3,000.00 002889 CITY OF BELLEVUE 176845 003752 COASTWIDE SUPPLY DBA 176846 35 CORDI & BEJARANO INC PS 11sa47 005Ù6- ~ 176848 W1299427-1 1/2/2004 MC-JANITORIAL SUPPLlES- 41.13 176849 1/15/2003 Voucher: MC-PUBLIC DEFENDER SER MC-PUBLIC DEFENDER SER MC-2004 MEMBER DUES- MC-2004 MEMBER DU -S A MC-2004 MEMBER ES-D B MC-2004 MEM DUES-K B MC-2004 M BER DUES-A C MC-200 EMBER DUES-C F MC-2 4 MEMBER DUES-P F M -2004 MEMBER DUES-L H C-2004 MEMBER DUES-R I MC-2004 MEMBER DUES-T M MC-2004 MEMBER DUES-S S PS-REPAI RS/SCVITI RES PS-REPAIRS/SCVITIRES PS-REP AI RS/SCV/TI RES PS-REPAIRS/SCVITIRES PS-REPAIRS/SCVITIRES PS-04 ANNL BOOT ALLOW-EI 112.50 62.50 100.00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 354.57 65.23 38.84 30.44 28.84 65.27 175.00 CJ t:Jì ç 350.00 176850 1/15/2003 004905 ELSASSER, DENNIS Voucher: 176850 176851 1/15/2003 003596 HANSEN INFORMATI Voucher: 176851 176852 1/15/2003 005468 INTERNATION Voucher: 176852 176853 1/15/2003 005231 10S C Voucher: 176853 176854 1/15/2003 00~5656 Voucher: 1 54 176855 1/15/2003 00 01 KINKO'S lNG, ACCOUNT #020515100071004 Voucher: 176855 517.92 65.27 2,420.00 2,420.00 25.00 25.00 60976376 12/26/2003 MSMD-JAN04-CO 2,352.19 2,352.19 11255F 1/7/2004 PS-DETAIL SVCS #521 139.00 139.00 1/2/2004 PS-PRINTING SERVICES 113.15 113.15 Page: 2 apChkLst 01/15/2004 9:59:31AM Final Check List CITY OF FEDERAL WAY Page: 3 Bank: key us bank (Continued) 75.00 75.00 34.82 /34.82 1~ 108.64 " // /,/.e 5,504.00 5,504.00 ./' "e 12/1/2003 2004/05 SUBSCRIPT;9-WAÖVI /' 12/29/2003 MSTEL-12/29LW:1t29/04 PHO /"'/ 12/31/2003 PS~NL BOOT ALLW-J S .....// 1/15/?pe1( PS-OFFICE SUPPLIES //'"1Qj1/2003 PS- MANUAL UPDATE THRU I Check # Date Vendor Invoice Inv Date Description 176856 1/15/2003 006237 MESA POLICE EXPLORERS 04 ADV CONF 12/30/2003 PS-3/11-12/04 EXPLORER AD V cher: 176856 176857 1/1 003 003170 MODERN SECURITY SYSTE 37914 Vouche . 176857 176858 1/15/2003 1052 NAPA AUTO PARTS Vouche~ 76858 176859 1/15/2003 00308 NATIONAL LEAGUE OF CITI 20017497 Voucher: 176859 176860 1/15/2003 000512 PUG Voucher: 176860 176861 1/15/2003 000202 QWEST Voucher: 176861 G> 176862 1/15/2003 003704 STRAY, JOHN --J"'"'I Voucher: 176862 ~ 176863 1/15/2003 005215 TAB NORTHWEST Voucher: 176863 176864 1/15/2003 003885 US IDENTIFICATION MANUAL 122259 Voucher: 176864 176865 1/15/2003 001061 WA STATE AGRICULTURE D 5616,3./ Voucher: 17686590114 176866 1/15/2003 003606 WA STATE CRIME PREVENel'fWSCPA 2004 Voucher: 176866 // 176867 1/15/2003 000567 WASTATE ECOLOyVÓEPARCTR HARRIS Voucher: 176867 .// CTR GAMBLE 176868 1/15/2003 001254 WA STATE SÚRPLUS PROPE 16-1-2285 Voucher: 176868 176869 1/15/2003 006007 WALKER ACE HARDWARE 000151 Voucher: 176869 176870 1/15/2003 001427 WESTERN POWER & EQUIP J65353 Voucher: 176870 J65345 12/25/2003 PKM-JAN 04 ALARM MONITO 735359 1/2/2004 MSFL T-REPAIR SUPPLIES 1/1/2004 2004 DUES FOR NLC 01040647 2538743385 ..... 12/19/20 WS-P. FOSTER PESTICIDE I 12/19/2003 P THOMAS PESTICIDE I 11/11/2003 PS:03-0 - SCPA DUES-KIRK 1/5/2004 CD-JIM HARRIS HOW-J::° DE 1/8/2004 CD-JANE GAMBLE SHO~I\ 12/10/2003 PS-1/1/04-12/31/04 ADM FEE 1/8/2004 PKDBC-CONSTRUCTION TO 1/2/2004 1/2/2004 MSFL T-REPAIR SUPPLIES MSFL T-REPAIR SUPPLIES # Amount Paid Check Total 148.95 148.95 31.12 31.12 100.00 100.00 1,457.92 1,457.92 82.50 82.50 25.00 25.00 150.00 50.00 150.00 15.00 15.00 700.00 30.00 700.00 16.31 16.31 167.51 83.75 251.26 99,883.89 Sub total for us bank: Page: 3 apChkLst 01/15/2004 9:59:31AM Final Check List CITY OF FEDERAL WAY Page: 4 36 checks in this report. Grand Total All Checks: 99,883.89 Q \1'\ CÞ Page: 4 apChkLst 01/15/2004 9:59:31AM Final Check List CITY OF FEDERAL WAY Page: 5 Void Checks Bank code: key Check # Date 520662 12/16/2003 ~ \)~ ~ Page: 5 G&{) apChkLst 01/15/2004 3:51 :52PM Final Check List CITY OF FEDERAL WAY (? rJtJ1) Page: 1 Bank: key us bank 177088 1/15/2004 005113 ADMINISTRATOR OFFICE OF 04 JDG CONF Voucher: 177088 177089 1/15/2004 005288 AIRPORT COMMUNITIES COA33152 Voucher: 177089 177090 1/15/2004 000475 ALARM CENTERS/CUSTOM S 313634 Voucher: 177090 177091 1/15/2004 005287 AMERICALL COMMUNICATIO D6417 Voucher: 177091 177092 1/15/2004 000004 AWC-ASSOC OF WASHINGT AWC 2004 Voucher: 177092 r'\ 177093 1/15/2004 000414 CAFE PACIFIC CATERING IN 7515 \) J Voucher: 177093 7505 ~ 7513 ~ 7518 7516 7507 7509 7510 7517 7514 7512 7504 7511 7508 7502 5427 5426 30225 Check # Date _. 177094 1/1-5/2004 Voucher: 177095 1/15/2004 Voucher: 177096 1/15/2004 Voucher: 177097 1/15/2004 Voucher: Vendor Invoice Inv Date Description Amount Paid 75.00 10,000.00 60.00 79.41 46,634.75 1,904.00 1,717.92 894.94 748.00 616.26 551.70 489.60 489.60 307.56 272.28 211.50 171.45 137.16 49.80 44.70 951.50 929.50 3,000.00 41.13 112.50 62.50 Check Total 75.00 10,000.00 60.00 79.41 46,634.75 8,606.47 1,881.00 3,000.00 41.13 175.00 004359 CENTURY SQUARE SELF-S 177094 002889 CITY OF BELLEVUE 177095 003752 COASTWIDE SUPPLY DBA W1299427-1 177096 000135 CORDI & BEJARANO INC PS 1/7/04 177097 1/2/04 1/7/2004 MC-D TRACY2/29-3/2/04 PRE 1/2/2004 2004 CONTRIBUTION TO AC 12/20/2003 PKKFT- 1/04-3/04 ALRM MNT 1/1/2004 PKM-AFTER HR CALL-OUT S 12/8/2003 2004 SERVICE FEE 1/5/2004 DBC-CATERING SVC 1/5/2004 DBC-CATERING SVC 1/5/2004 DBC-CATERING SVC 1/5/2004 DBC-CATERING SVC 1/5/2004 DBC-CATERING SVC 1/5/2004 DBC-CATERING SVC 1/5/2004 DBC-CATERING SVC 1/5/2004 DBC-CATERING SVC 1/5/2004 DBC-CATERING SVC 1/5/2004 DBC-CATERING SVC 1/5/2004 DBC-CATERING SVC 1/5/2004 DBC-1/9/04 CATERING SVC 1/5/2004 DBC-CATERING SVC 1/5/2004 DBC-CATERING SVC 1/5/2004 DBC-CATERING SVC 1/2/2004 PKCP-6 MTHS A01 0 STORAG 1/2/2004 PKCP-6 MTHS AO09 STORAG 12/16/2003 MSDP-04 E-GOV ALLIANCE M 1/2/2004 MC-JANITORIAL SUPPLlES- 1/7/2004 1/7/2004 MC-PUBLIC DEFENDER SER MC-PUBLIC DEFENDER SER Page: 1 apChkLst 01/15/2004 3:51 :52PM Final Check List 'CITY OF FEDERAL WAY Page: 2 (Continued) Bank: key us bank Check # Date Vendor 177098 1/15/2004 005276 DMCMA Voucher: 177098 Invoice Inv Date Description (j) ~.. " 177100 1/15/2004 004905 ELSASSER, DENNIS t Voucher: 177100 177101 1/15/2004 003596 HANSEN INFORMATION TEC SMAR100511 10/31/2003 MS/MIS-04 HANSEN SYSTEM Voucher: 177101 177102 1/15/2004 005468 INTERNATIONAL ASSOCIATI 2004-2599M Voucher: 177102 177103 1/15/2004 005231 10S CAPITAL INC Voucher: 177103 177104 1/15/2004 005656 JIM'S DETAIL SHOP Voucher: 177104 177105 1/15/2004 000201 KINKO'S lNG, ACCOUNT #020515100071004 1/2/2004 PS-PRINTING SERVICES Voucher: 177105 177106 1/15/2004 006237 MESA POLICE EXPLORERS 04 ADV CONF 12/30/2003 PS-3/11-12/04 EXPLORER AD Voucher: 177106 177107 1/15/2004 003170 MODERN SECURITY SYSTE 37914 Voucher: 177107 177108 1/15/2004 001052 NAPA AUTO PARTS Voucher: 177108 HOFFMAN 1/1/2004 ANDERSON 1M~0~ BOOSER 1/1/2004 BRADY 1/1/2004 COLEMAN 1/1/2004 FAUCHER 1/1/2004 FAY 1/1/2004 HANSON 1/1/2004 IWAMOTO 1/1/2004 MORGAN 1/1/2004 STONE 1/1/2004 177099 1/15/2004 000570 EAGLE TIRE & AUTOMOTIVE (1031650 1/5/2004 Voucher: 177099 1031644 1/5/2004 1031587 1/2/2004 1031592 1/2/2004 1031574 1/2/2004 04 BOOT ALLW 1/5/2004 MC-2004 MEMBER DUES-G H MC-2004 MEMBER DUES-S A MC-2004 MEMBER DUES-D B MC-2004 MEMBER DUES-K B MC-2004 MEMBER DUES-A C MC-2004 MEMBER DUES-C F MC-2004 MEMBER DUES-P F MC-2004 MEMBER DUES-L H MC-2004 MEMBER DUES-R I MC-2004 MEMBER DUES-T M MC-2004 MEMBER DUES-S S PS-REP AI RS/SCV ITI RES PS-REPAI RS/SCVITI RES PS-REPAIRS/SCVITIRES PS-REP AI RS/SCV ITI RES PS-REPAIRS/SCVITIRES PS-04 ANNL BOOT ALLOW-EI 60976376 12/30/2003 PS-M LANDON 04 IACA MEME 11255F 1/7/2004 12/26/2003 MSMD-JAN04-COPIER RENT PS-DETAIL SVCS #521 735359 12/25/2003 PKM-JAN 04 ALARM MONITO 1/2/2004 MSFL T-REPAIR SUPPLIES Amount Paid 100.00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 354.57 65.23 38.84 30.44 28.84 65.27 2,420.00 25.00 2,352.19 139.00 113.15 75.00 34.82 108.64 Check Total 350.00 517.92 65.27 2,420.00 25.00 2,352.19 139.00 113.15 75.00 34.82 108.64 Page: 2 apChkLst 01/15/2004 3:51 :52PM Final Check List CITY OF FEDERAL WAY Page: 3 Bank: key us bank (Continued) Check # Date Vendor Invoice 177109 1/15/2004 003089 NATIONAL LEAGUE OF cm 20017497 Voucher: 177109 177110 1/15/2004 000512 PUGET SOUND BUSINESS J 01040647 Vouche~ t77110 177111 1/15/2004 000202 QWEST Voucher: 177111 177112 1/15/2004 003704 STRAY, JOHN Voucher: 177112 177113 1/15/2004 005215 TAB NORTHWEST Voucher: 177113 177114 1/15/2004 003885 US IDENTIFICATION MANUAL 122259 ~ Voucher: 177114 \) J 177115 1/15/2004 001061 WA STATE AGRICULTURE 0 56163 ~ Voucher: 177115 60114 \jJ 177116 1/15/2004 003606 WA STATE CRIME PREVENTI WSCPA 2004 Voucher: 177116 177117 1/15/2004 000567 WA STATE ECOLOGY DEPARCTR HARRIS Voucher: 177117 CTR GAMBLE 177118 1/15/2004 001254 WA STATE SURPLUS PROPE 16-1-2285 Vouche~ 177118 177119 1/15/2004 006007 WALKER ACE HARDWARE 000151 Vouche~ 177119 177120 1/15/2004 001427 WESTERN POWER & EQUIP J65353 Voucher: 177120 J65345 2538743385 W0536747 11-13827B Inv Date Description Amount Paid Check Total 1/1/2004 2004 DUES FOR NLC 5,504.00 5,504.00 12/1/2003 2004/05 SUBSCRIPTION/ADVI 148.95 148.95 12/29/2003 MSTEL-12/29/03-1/29/04 rHO 31.12 31.12 12/31/2003 PS-04 ANNL BOOT ALLW-J S 100.00 100.00 1/15/2004 PS-OFFICE SUPPLIES 1,457.92 1,457.92 10/1/2003 PS- MANUAL UPDATE THRU I 82.50 82.50 12/19/2003 PWS-P. FOSTER PESTICIDE I 25.00 12/19/2003 PWS-R THOMAS PESTICIDE I 25.00 50.00 11/11/2003 PS:03-04-WSCPA DUES-KIRK 150.00 150.00 1/5/2004 CD-JIM HARRIS HOW TO DE 15.00 1/8/2004 CD-JANE GAMBLE SHORELlt'I 15.00 30.00 12/10/2003 PS-1/1/04-12/31/04 ADM FEE 700.00 700.00 1/8/2004 PKDBC-CONSTRUCTION TO 16.31 16.31 1/2/2004 MSFL T-REPAIR SUPPLIES 167.51 1/2/2004 MSFL T-REPAIR SUPPLIES # 83.75 251.26 Sub total for us bank: 85,275.81 Page: 3 apChkLst 01/15/2004 3:51:52PM Final Check List CITY OF FEDERAL WAY Page: 4 33 checks in this report. Grand Total All Checks: 85,275.81 G) €" -C. Page: 4 apChkLst 01/15/2004 3:51 :52PM Final Check List CITY OF FEDERAL WAY Page: 5 Void Checks Bank code: key Check # Date 520662 12/16/2003 () ç' ".\") Page: 5 MEETING DATE: February 17,2004 ITEM# X Ø- j CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Preliminary December 2003 Quarterly Financial Report CATEGORY: BUDGET IMP ACT: ~ CONSENT 0 RESOLUTION 0 CITY COUNCIL BUSINESS 0 ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ATTACHMENTS: Preliminary December 2003 Quarterly Financial Report SUMMARY /BACKGROUND: CITY COUNCIL COMMITTEE RECOMMENDATION: Was reviewed at the Finance, Economic Development and Regional Affairs Committee at their January 27th meeting. PROPOSED MOTION: "I move for the approval of the Preliminary December 2003 Quarterly Financial Report." CITY MANAGER APPROVAL: .Mt.. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED D T ABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 CITY~ ~ Federal Way MEMORANDUM Date: January 27,2004 To: Finance, Economic Development & Regional Affairs Committee From: Via: Tho Kraus, Finance Manager David Moseley, City Manager Subject: Preliminary December 2003 Quarterly Financial Report Action Requested: Accept the Preliminary December 2003 Quarterly Financial Report and forward to the February 17th Council meeting for full Council approval. ApPROVAL OF COMMITTEE ACTION: ~ K:\FIN\M FR \MrRFE D RACCV R. DOC FI Citv of Federal Waf CITY OF A Federal Way Preliminarv December 2003 Ouarterlv Financial Report I)reliminary Quarterly Financial Report - Oecember, 2003 YTD Operating Revenues vs Operating Expenditures Thru December 55.0 50.0 - 45.0 1/1 I:: .2 40.0 ~ 35.0 fßo - 30.0 20.0 1998 1999 2000 2001 L =.- REVENUES 2002 2003 '--"'""",.- ....-It..- EXPENDITURES ","",,' L;, ,., ". 'ii,¡',:r<',' ,,"'.. " , ,'.. " "',,", ",:,y-","", ' ", '" .., ",,". " , , , , , "" ..--.------ ..-~..,,-- "-.-- '--'--~'---,.,~ .....,,---,_. ,-..,.. '-""-- The Quarterly Financial Report is intended to provide an overview of financial activity that has taken place in the reporting period. This report focuses mainly on activity incurred in the following operating funds: General, Street, Arterial Street, Utility Tax Projects, Solid Waste & Recycling, HotellMotel Lodging Tax, Paths & Trails, Surface Water Management, Debt Service, and Dumas Bay Center. The Summary of Sources and Uses (Attachment A) captures financial activity through December for the years 1998 through 2003. This is a prelinùnary year-end Quarterly Financial Report and includes activity through December 31 st. It does not include accrual activity or accounts payable invoices paid in January for 2003 activity. A final report will be issued in February, 2004 and will include accruals and any 2003 activity recorded subsequent to this report. HIGHLIGHTS Certificate of Achievementfor Excellence in Financial Reporting The City of Federal Way received the Certificate of Achievement for Excellence in Financial Reporting by the Government Finance Officers Association of the United States and Canada (GFOA) for its Comprehensive Annual Financial Report (CAFR). The certificate of achievement is the highest form of recognition in the area of governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. This is the thirteenth consecutive year that the City has achieved this prestigious award. F3 City of Federal Way Preliminary December 2003 Quarterlv Financial Report GOVERNMENTAL REVENUES General governmental operating revenue collections through December total $45.4M which is $1.9M or 4% below the ytd budget of $47.2M. Of this amount, $842K is related to Utility taxes and REET that are reserved for the payment of debt service, and $230K is related to SWM fees, leaving an $8llK unfavorable variance in Street/General Fund operations. The unfavorable GeneraUStreet Fund variance is due primarily to vehicle licensing fees and sales tax. Attachment A provides a comparison of YTD revenues by major sources for 2003 with comparative figures for the past five years. i_~> .'. <. Property Taxes Sales Tax Hotel/Motel Lodging Tax Criminal Justice Sales Tax Intergovemmental Real Estate Excise Tax Gambling Taxes Utility Taxes Court Revenue Building Pennits/Fees-CD Expedited Review Fees-CD ROW Permits/Fees-PW Expedited Review Fees-PW Licenses Franchise Fees Passport Agency Fees Recreation Fees Dumas Bay Centre Knutzen Family Theatre Interest Earnings Admin/Cash Mgmt Fees SWM Fees Refuse Collection Fees Police Services Miscellaneous/Other Sl:.l;itói¡il Ö~tj¡tiI1gR~¡j¡jii~.. Other Financing Sources tr:otal ~È1ven¡¡es& Qther S6ufces'.. REVENUE SUMMARY BY MAJOR REVENUE SOURCES Period Ending December 31, 20.0.3 ... . 2J1Ot . .ACtual. 7.215,272 $ 10,302,061 136.046 1.653,470 3,730,923 1,997.537 2.227,117 6,073,931 944.123 1,051,463 122,502 364.569 33,176 98,650 591,965 $ $~ 551,068 587.386 86,771 784.628 476,302 2,944,439 149,514 633,096 116.861 >42;872870. . 5,269,286 48;142;156 . $ 2002 Actiral 7.644.130 $ 10,773.246 129.299 1.600.854 3,545,956 2.517,473 1.926,443 6.156,679 984,757 1,488,826 188,379 299,479 47,853 157.512 616,668 - 617.179 509.554 80.308 445,160 480.748 3,087,207 187,725 699.185 129.182 44;313;863. 4.634,062 48:,~47.865$ 'f-Lf 2óo.àReili$~dBUdsàt . . ....>...........'»>~ThróJIgh Arittual< DD~térnl:Ì¡';r 7,777,226 $ 10,999.574 134.000 1,611,369 3,345.546 2.900.000 1.850,000 7,747,611 1.168,813 1.179,816 369,455 142,100 621,964 - 930,450 493,750 74,476 746,120 526,592 3,432.770 165.240 926.082 98,292 41241;24& 16,055,663 >53;296;~Q~$;> 7.777,226 $ 10,999.574 134.000 1.611,369 3,345,546 2,900,000 1.850.000 7.747,611 1,168.813 1.179,816 - 369,455 - 142.100 621,964 - 930,450 493,750 74,476 746,120 526,592 3,432.770 165,240 926,082 98,292 ..47;241;245.. 15.557,328 ..62;798;573...$.. .'. Aéti¡iils.. ......... . <Through ........ . .i)ecemþet... - 7,971.283 10,518.230 142.041 1,596,387 2,857.314 2,851.386 1,803.996 6,954,724 1,163,601 1.290,645 205.488 334.633 31,133 118,789 671,975 27.960 729,077 474,659 102,248 509.532 526.592 3,202,565 163,483 998,488 107,455 45,353;683 . 15.557,328 6~;g11;0.~1$> - - ..Vai'ìarii:~.. .. FaVorabkl(lJnfavorable) . [)olla~($) ..f?etcent(%). 194,057 2.5% (481.344) -4.4% 8.041 6.0% (14,982) -0.9% (488,232) -14.6% (48,614) -1.7% (46.004) -2.5% (792,887) -10.2% (5,212) -0.4% 110,830 9.4% 205,488 n/a (34.822) -9.4% 31,133 n/a (23,311) -16.4% 50,011 8.0% 27,960 n/a (201.373) -21.6% (19,091) -39% 27,772 37.3% (236,588) -31.7% (0) 0.0% (230.205) -6.7% (1,757) -1.1% 72,406 7.8% 9,163 9.3% i1 ;887,562) . . -4J}°Æ¡ - 0.0% .-3.0.% >(1;887,~2) . 2 City of Federal Way Preliminary December 2003 Quarterlv Financial Report Real Estate Excise Tax To date, REET of$2.9M is below the ytd budget of$2.9M by $-49K or 2%. Compared to 2002, collections are up $334K or 13%. December's receipt of $217K is $47K below the monthly estimate and ineIudes a total of 270 real estate transactions, of which 97 were tax exempt and of remaining 173, 12 were mobile home sales. The largest transactions in the current month consist of the sale of Beverly Enterprises located at 130 S 340th St, 312th1316th Shopping Center on Pac H wy S, Redondo Apts. at 28418 16th Ave S, Pizza Hut restaurant at 28815 Military Rd S, and Shogun restaurant at 31140 Pac Hwy S. REAL ESTATE EXCISE TAX REVENUES . .. . . . Year-to-date thru DØcember. . .. ....'.' , . . ...',i,.,.... <, 1998 1999 2000 2001 2002 I 2003 ! 2003 Budget Change Month Actual Actuai Actual ! Actual Actual ¡"-Budget" - ..-- Actuai----r -.- S n_r- .. " ---- Jan $ 163,211 $ 289,269 $ 103.300 $ 92,006 $ 114,439 $ 192.188 $ 307,354 $ 115,166 59.9°;' Feb 119,717 65,939 103,388 80,019 112,868 123,937 338,361 214.424 173.0% Mar 82,116 80,862 166,189 174,165 247,357 192,976 129,942 (63,034) -32.7% ~pr 166,282 203,522 166.725 124,749 152,735 208,030 193,685 (14,345) -6.9°;' May 189,860 169,610 183,110 139,014 329,252 255,322 196,095 (59,227) -23.2% Jun 270,672 162.569 182,137 230,600 255,814 284,065 219,314 (64,751) -22.8°;' Jul 295,736 278,955 323,080 154,965 162,739 312,887 271,561 (41,326) -13.2% ~ug 324.962 194,853 203,678 168,149 263,742 295,362 262.023 (33,339) -11.3% Sep 137,949 326,168 163,636 361,664 132.484 293,132 349,883 56,751 19.4% Oct 204,439 279.424 299,621 148,307 210,334 291,970 211,217 (80,753) -27.7°;' Nov 143,877 209.096 101,804 155,743 116,037 186,562 155.412 (31,150) -16.7% Dee 132,448 177,881 153,124 168,156 419,672 263,569 216,540 (47,029) -17.8% ._.,._.._._._~ .'1;997,537 $. 2,517;473 ._-. ----. ,-.-- . '~-_m . -_u_.. -:1~7~ YTD Total $ 2,231,269 i $ 2,438,148 . $ 2,149,790 $ -~--~~~~O I-~ -3.,851.38~ -~~!..~ ------. ---.. .--. .---. [-- -_u---,.. --.....-. -j-- ------- - --.. . --- 1---.-- Annual Total I $ 2,231,269 $ 2,438,148 ¡ $ 2,149,790 ! $ ! 1,997,537 . $ 2,517.473 $ 2,900,000 ! S 2,851,386 ' -yfD£sl RE Value $ 446,253,716 $ 487,629,564 $ 429,958,072 $ 399,507,302 $ 503,494,576 $ 580,000,000 $ 570,277,246 * Represents monthly historical patterns for the 2003 Adopted Budget. The following is a table of major real estate transactions (those resulting in over $1 OK in REET) that occurred through 4th quarter. Major Transactions - YTD thru 12/31/03 Taxable Sales REET Tax The Pointe at Redondo Apts, @28300 18th Ave S 15,504,500 76,747 Abam Office Bldg @ 33301 9th Ave S 6,550,000 32,423 Washington Park Office Bldg @33801 1st Way S 5,450,000 26,978 Office Bldg @31620 23rd Ave S --- 4,125,000 20,419 Charwood Mobile Home Park @ 1660 S 333rd St 3,100,000 15,345 Sea Tac Mall 37,070,000 183,497 Spectrum Business Park @1704 S 341st PI 4,500,000 22,275 Medical Office Building, Eleventh Place Center 2,750,000 13,613 Goodwill Store on Pac. Hwy. S 2,903,000 14,370 East Campus Corp Park Office Building 11,050,000 54,698 USSA office bldg on 8th Ave S, -- 7,375,571 36,509 North View Terrace Apts on SW 312th St 2,374,396 11,753 East Campus Corp Park Office Building 11,850,000 58,658 Cedar Gardens Apts on SW 337th PI. 2,242,650 11,101 Hawthorne Suites 2,512,500 12,437 Greystone Apartments -- 23,088,500 114,288 the Evergreen Lodge @31002 14th Ave S 5,876,105 29,087 Western Hill Condo @34720 2nd Lane S 3,906,000 19,335 - the Kingsbridge Apts @29645 18th Ave S 4,216,000 20,869 Beverly Enterpri~es @ 130 S 340th St 9,500,000 47,025 ------ 312th/316th Shopping Center on Pac Hwy S 5,840,000 28,908 !!,Z,!rri!ii!!iii;:¡!i!li¡Wir!!rrlJ¡!'i!!ir:]! ..,.,,'.. ¡'¡¡Ei';:¡:W:W:W:WY;U¡¡ EEE' !!'!¡¡!ii,!;:¡........ @Z; J¡$';:¡.!¡ .....:W:W'i,,!i¡!J¡. ~5 3 Citv of Federal Wav Preliminary December 2003 Ouarterlv Financial Report Sales Tax Sales tax received through December of $lO.5M is $481 K or 4.4% below the ytd budgeted amount of $IIM. 2003 ytd revenue of $10.5M is also below December 2002 ytd revenue of$1O.8M by $255K or 2.4%. The current month's receipt of$841K is below the monthly estimate of $928K by $87K or 9.4%. " , ¡", 1998 Month' "",, Actual ,Jan $ 638,862 $ Feb 949,276 Mar 714,640 f'.pr 575,597 May 655,396 Jun 769,461 ~ul 645,475 Aug 682,263 ~ep 850,295 Oet 761,561 Nav 739,326 Dee 800,018 . YTD .--- '- - I' . - -~ri~, ~J-!..__8.7_8_2.~?~ ¡-~-- Tota~" S 8,782,171 I S 'Budget is projected based on past 5 year's history " " LOCAL,RETAIL SALES TAX REVENUES" ' . . '", Yeàr-to-date thru December" ' ". ',' 1999 2000':--'.. 2001" '" , 2002". ,,'" 2003, ' 2003 Budget Change Actual Actual~ ',II) Actual ,i 'Actual Budget"" "Actual' """, S' "" '" , . ".'.- 711,432 $ 764,071 $ 794,061 $ 860,153 $ 832,623 $ 822,996 $ (9,627) -1.2% 1,013,425 1,201,953 1,152,601 1,234,151 1,226,870 1,185,480 (41,391) -3.4% 717,005 759,673 834,652 750,503 838,199 735,211 (102,988) -12.3% 633,460 764,524 729,487 730,253 758,811 745,691 (13,120) -1.7% 783,051 859,218 927,767 911,658 912,738 874,035 (38,703) -4.2% 772,812 797,833 694,540 792,402 851,533 789,466 (62,067) -7.3% 727,701 798,587 798,287 840,945 842,437 833,909 (8,528) -1.0% 855,198 928,307 879,080 1,010,404 960,618 963,561 2,943 0.3% 896,291 778,483 908,664 935,760 970,696 939,487 (31,209) -3.2% 817,021 782,049 889,821 897,820 919,426 872,821 (46,605) -5.1% 880,787 908,800 858,019 938,959 957,426 914,692 (42,734) -4.5% ~~6:762. ----- 816:.~~_--- ,., 835,08~ f--'~O'~~ - ,._~28~.~40,881 .,...~7,313)1-:9.4% .... . 9,~_~,_9~5_¥--_--.10,1_s.9.767 t S -_-.!~!~~2,O~~ I_L- 10p3~24~ .!_---~~~~'~7.4_~._S - 1~,_~~!~30 +-~_J~-!.o~f--~~ 9,664,945' S 10,159,767 ' S 10,302,061 . S 10,773,248 S 10,999,574 i S 10,518,230! Sales Tax by SIC Code Retail sales continue to remain the largest source of sales tax revenue, accounting for 64% of all sales tax collections. Ytd 2003 collection is $48K or 0.7% higher than ytd 2002. Miscellaneous trade, retail furniture, food stores, and Apparel & Accessories are down while general merchandise, Auto/Gas, Bldg. Materials, and retail eating & drinking are up. Service industries account for 13% of the total sales tax collections. On a ytd basis, service sales tax is up $17K or 1.2% from ytd 2002. The increase is mainly due to one taxpayer reported a large amusement installation for about $2M of sales in 4th quarter 2002. The late return filed by one major hotel in 2002 is also contributing to the increase in ytd collections. Construction and contracting activity, which accounts for 10% of sales tax collections, is $180K or 14.7% below year 2002 activities. This is consistent with the downward trend we are seeing in ytd building permits compared to 2002 activity. Wholesale tax, which accounts for about 5% of total sales tax collection, is $39K or 7% below year 2002 activity due an overall decline in activity. Component Group Retail Trade Services Construct/Contract Wholesaling Transp/Comm/Utility Manufacturing Government Fin/Ins/Real Estate Other I. ".! Total' COMPARISON OF SALES TAX COLLECTIONS BY SIC GROUP Year-to-date thro December 1998 i Actual; $ 5,638,913 $ 856,596 601,147 512,808 360,103 447,030 142,023 117,114 106,438 $A 1999 Actual 6,205,108 $ 917,612 984,931 535,546 397,800 269,838 142,910 116,212 94,988 $ . 2000 I 2001 ! Actual \ Actual! 6.595,604 $ 6,534,748 $ 970,113 1,130,669 1,104,115 1,146,339 651,677 601,832 388,329 407,328 122,791 134,170 141,774 147,531 110,025 106,858 75,342 92,587 '7/V '$ .,.~..., ! ._Chang~-'rom 2f?O2 $ % 47,876 0.7% 16,657 1.2% (179,607) -14.7% (39,496) -7.1% 46,562 11.9% (75,991) -40.9% (90,613) -52.1% 24,276 19.8% (4,681) -5.1% ~ 2002 i Actual i 6,666,872 $ 1,368,367 1,220,608 552,979 390,614 186,019 173,966 122,894 90,926 "'A~,$ 2003 Actual 6,714,748 $ 1,385,025 1 ,041 ,001 513,482 ~_. 437,176 110,028 83,353 147,171 86,245 $ r~ 4 Citv of Federal Wav Preliminarv December 2003 Ouarterlv Financial Report Transp/Comm/Utii 4.2% SALES TAX ACTIVITY BY SIC CODE YTD Through December 2003 Manufacturing Government 1.0% \ 0.8% FinllnslReal Estate 1.4% .. Other .1.0% Wholesaling 4.9% ..... Retail Trade 63.8% Constr/Cntract 9.9% Services 13.2% Sales Tax Activity by Area SALES TAX COMPARISON by AREA YTD Through December I ! Chg from 2002 ; I Group I 1998 1999 2000 2001 2002 2003 I $ I % I $8,782,172 I $9,664,944, $10,302,061 $10,773,246 $10,518,230 ($255.016): Total Sales Tax I $10,159,770 -2.4% S 348th Retail Block $1,477,537 $1,634.121 I $1,631,360 $1,417,368 ¡ $1,457,664 $1,443,818 ($13.845)1 -0.9% % chg from prey yr 18.6% 10.6% -0.2% -13.1% 2.8% -0.9% na na Percentage of total 16.8% 16.9% 16.1% 13.8% 13.5% 13.7% 0.2% 1.5% SeaTac Mall 994,815 1,025,153 1,030,750 987,939 895,957 828,137 ($67,820) -7.6% % chg from prey yr 6.4% 3.0% 0.5% -4.2% -9.3% -7.6% na na Percentage of total 11.3% 10.6% 10.1% 9.6% 8.3% 7.9% -0.4% -5.3% Major Auto Sales 381,330 418,203 464,949 «M05 451,404 461,264 $9,860 2.2% % chg from prey yr 8.4% 9.7% 11.2% -3.9% 1.0% 2.2% na na Percentage of total 4.3% 4.3% 4.6% 4.3% 4.2% 4.4% 0.2% 4.7% S312th to S 316th 90,939 321,566 477,146 509,6~ 518,758 543,077 $24,319 4.7% % chg from prey yr 15.2% 253.6% 48.4% 6.8% 1.8% 4.7% na na --- Percentage of total 1.0% 3.3% 4.7% 4.9% 4.8% 5.2% 0.3% 7.2% Pavilion Center 130,737 161,598 196,810 208,045 458,666 432,464 ($26,202) -5.7% % chg from prey yr 2.0% 23.6% 21.8% 5.7% 120.5% -5.7% na na Percentage oftota! 1.5% 1.7% 1.9% 2.0% 4.3% 4.1% -0.1% -3.4% Hotels & Motels 47,422 42.238 102,787 130,643 121,349 129,334 7,985 6.6% % chg from prey yr 18.3% -10.9% 143.4% 27.1% -7.1% 6.6% na na - -- Percentage oftotal 05% 0.4% 1.0% 1.3% 1.1% 1.2% 0.1% 9.2% The City's largest retail center, South 348th, which generates about 14% of the City's sales tax experienced a $14K or 0.9% decline compared to 2002. The increases in building materials and eating & drinking were offset by decreases in other businesses. SeaTac Mall is showing a $68K or 7.6% decline compared to 2002. The year-to-date tax from the Mall's department stores, which generate 61% of total Mall's sales tax, has decreased $49K or 8.8% compared to 2002. Ytd major auto sales are up $lOK or 2.2% compared to last year's ytd activity. Current month's activity is $19K or 53% below December 2002's collections due to timing difference in return process from one major auto dealer. South 31th to South 316th is up $24K or 4.7% due to a major retail general merchandise store increasing by $31K. The giant discount store tends to do better in a bad economy. Pavilion Center is down $26K or 5.7% due to the downward trend in the retail industry. Almost one-half of the declines is attributed to the center's biggest contributor which experienced a decline due to consumers lack of spending in the bad economy. Hotels & Motels year-to-date sales tax total $129K, which is $8K or 6.6% above the same period in 2002. The increase is due to increase activities at one major hotel, timing of payments at another hotel, and a new hotel opening in August 2002. rl 5 Citv of Federal War Preliminarv December 2003 Ouarterlv Financial Report SALES TAX BY AREA YTD through December, 2003 Other 63.5% ----------- SeaTac Mall 7.9% / S 348th ~ 13.7% Hotel/Motel 1.2% Pavilion Center 4.1% \'------- Major Autos 4.4% S 312th/S316th 5.2% Gambling Tax Gambling tax collection of $1.8M is $46K or 2.5% below the year-to-date budget of $1.85M. In comparison to 2002 year-to-date collections, 2003's tax collection is lower by $l22K or 6.4%. YTD collections from the top 5 largest establishments (in terms of tax revenue) have decreased $82K or 4.7% from the same period in 2002. These 5 establishments are responsible for 92% of the year-to-date tax collections. Current month's collection of $89K is $71K or 44.5% below the monthly budget estimate of $160K. This is mainly contributed by closing business of three establishments and one of which is behind the payment schedule. GAMBLING TAX REVENUE YTD Through December 2003 003 Budget Chang. Month 1998 1999 2000 2001 2002 Budget Actual $ % Jan $28,182 $90,611 $127,344 $193,344 $210,579 156,005 $ 159,323 $ 3,318 2.1% Feb 21,305 98,117 116,227 178,617 212,309 151,800 152,943 1,143 0.8% Mar 23,182 104,183 106,912 183,941 175,625 144,863 160,415 15,552 10.7% Apr 29,498 130,536 142,792 238,928 189,533 177,474 176,029 (1,445) -0.8% May 19,025 150,818 133,715 168,101 167,112 157,198 184,574 27,376 17.4% Jun 20,121 145,174 1 34,100 185,526 161,592 156,862 160,030 3,168 2.0% Jul 34,691 137,222 141,075 188,828 142,814 150,802 167,736 16,934 11.2% Aug 36,336 110,081 103,991 150,734 150,984 129,820 143,130 13,310 10.3% Sep 36,915 111,146 143,483 187,319 139,851 140,427 153,398 12,971 9.2% Oct 50,005 115,324 156,436 174,314 134,904 164,430 164,713 283 0.2% Nov 51,544 118,762 143,530 188,392 119,265 160,735 93,167 (67,568) -42.0% Dec 48,147 118,390 152,094 189,073 121,874 159,584 88,537 (71,047) -44.5% YTDTotal 398,950 1,430,362 1.601,699 2,227,117 1,926,443 ,1,850,000 1,803,996 ($46,004)1 -2.5% Total $398,950 $1,430,362 $1,601.699 $2,227,117 $1,926,443. $1;850,000 $1,803,996 ' Activity Games/Bingo Pulltabs/Punchboards Cardrooms Total GAMBLING TAX BY ACTIVITY YTD Through December "" ,,2002 Actual 2003 Actual % $ % $ 9,701 0.6% 11,052 342,939 20.7% 373,316 1,573,803 78.7% 1,419,628 Change from 2002 $ % $1,351 $30,377 ($154,175) 13.9% 8.9% -9.8% F5 6 Citv of Federal Waf Preliminary December 2003 Ouarterlv Financial Report Hotel/Motel Lodging Tax HotellMotellodging tax collections through December total $142K, which is $8K or 6% above the year-to-date budget of$134K. The increase is mainly due to timing differences in returns filed by one major hotel, increasing activities in another hotel, and a new hotel opening in August 2002. HOTEUMOTEL LODGING TAX REVENUES' . Year-ta-date thru December. ." 19~9 2000 2001 2002" ."'2003", 2003. Budget Cfiange .. .. ""'. Month . Actual .. Actual Actual Actual ' Budget' Actual,- $ "., Jan - 5,885 10,145 7,374 7,952 8,122 170 2.1% Feb - 4,578 10,977 8,359 8,105 12,316 4,211 52.0% Mar - 9,165 11,239 6,072 9,017 12,153 3,136 34.8% Apr - 7,553 11,226 7,769 9,031 11,436 2,405 26.6% May - 10,383 13,693 8,491 11,087 11.449 362 3.3% Jun 3,751 7,351 10,978 8,938 9,282 9,109 (173) -1.9% Jul 6,190 8,584 10,663 13,751 11,276 12,110 834 7.4% Aug 5,689 12,106 9,933 12,915 11,988 12,577 589 4.9% Sap 8,538 15,569 16.071 13,802 15,530 15,666 136 0.9% Oct 7,613 15,967 12.644 13,479 14,433 14,909 476 3.3% Nav 8,971 13.463 9,607 13,367 12,516 12,246 (270) -2.2% Dee 5,691 16,163 8,871 14,982 13,783 9,947 (3,836) -27.8% YTD Total... "'46.444'-' .126,767 136,046 129,299' .. 134,000- -,...;< 142,041 . ...'. 8,041 ,,6.0% Grand Total $ 46;444 $---126;767 $136,046 $ 129;299 $';134,000; $142;041 '. Table reflects cash basis accounting Utility Tax The utility tax rate increased from 5% to 6% effective February 1, 2003. The additional 1% was adopted by Council to fund new service level adjustments and is budgeted to yield an additional $1.25M. However, at this time we do not anticipate meeting budget projections due to the leveling off of utility tax, 2002's actual falling short of meeting year-end projections, and the 1 % increase not taking effect until February 1 st. Council also approved an ordinance earlier this year that would provide utility tax relief for low income seniors. The ordinance would relieve the fu116% of the utility tax to eligible citizens through a City administered "rebate" program. The first requests for reimbursement of paid 2003 (February through December) utility taxes will be due no later than April 30, 2004. Utility taxes received through December total $6.95M, which is $793K or 10% below the ytd budget total of $7.75M. However, The ytd thru December 2003 utility tax receipt is above the same period in 2002 by $798K or 13%. Month Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nay Dee 1998 Actual 432,114 $ 460,013 431,932 430,450 411,958 346,110 347,308 319,072 325,780 380,445 314,389 328,501 $ 1999 Actual 464,657 $ 480,358 470,869 491,502 475,874 388,985 389,430 370,719 394,041 435,017 426,991 412,635 UTILITY TAXES Year-to-date thru December 2000 Actual 494,362 $ 512,067 496,215 559,861 466,035 409,595 419,539 383,806 428,707 462,901 446,614 444,629 2001 Actual 559,223 $ 580,723 595,183 617,404 544,080 466,013 435,775 416,374 428,486 468,293 466,773 495,606 ! 2003 Bdgt Chang'! $ r % (70,298) -11.9% (65,447) -10.8% (151,645) -20.1% (128,899) -16.1% (29,296) -4.1% (47,697) -7.8% (56,760) -9.5% (40,496) -7.2% (33,252) -5.8% (80,898) -12.4% (73,934) -11.7% -~-~'~i---2.2% 2002; 2003 Actual ~udget iÃctual 568,968 $ 589,380 $ 519,082 $ 584,764 606,657 541,210 602,121 754,627 602,982 620,964 802,356 673,457 567,810 714,206 684,910 482,725 611,569 563,872 442,319 597,220 540,460 429,790 561,747 521,251 429,090 573,957 540,705 481,552 652,859 571,961 456,405 630,998 557,063 490,171 652,036 637,771 -- YTD;' i Total $ 4,528,073 i $ 5,201,078 $ 5,524,330 i $ 6,073,931 $ 6,156,679 ¡ $ 7,747,611 $ 6,954,724 i $ (792,887) -10.2% Annual I. ! I ! I Total $ 4,528,073 i $ 5,201,078 $ 5,524,330 i $ 6,073,931 $ 6,156,679; $ 7,747,611 $ 6,954,724 i . P1 7 Citv of Federal Wav Preliminarv December 2003 Ouarterlv Financial Report The year-to-date electricity tax includes a one-time back payment of $52K from Puget Sound Energy for the audit periods 1999 through September 2002. In June 2003, we also received a payment of$4K from Verizon Wireless for the periods 1999 thru April 2003 based on audit results by Microflex consulting firm. And in September, we received $19K from Sprint PCS for the audit period January 1999 through April 2003. Puget Sound Energy reported a sharp decrease in gas revenues due to rate decreases that took effect in September, 2002. Gas taxes are below the ytd budget of$l.lM by $307K or 27%. Electricity is below the ytd budget of$2.6M by $189K or 7%. Cable taxes are below the ytd budget of$778K by $38K or 5%. Phone taxes are below the ytd budget of$1.2M by $1l9K or 10%. Cellular phone taxes are below the ytd budget of$1.4M by $135K or 10%. Compared to ytd 2002, Electricity is up $383K or 19%, Gas is down $89K or 10%, Cable is up $140K or 23%, Phone is up $71K or 7%, and Cellular phone is up $180K or 16%. Cellular phone activities continue to out perfonn phone's since 2002. ! 1998 1999 2000 i 2001 I 2002 2003 ----- ~~3 Bu_dge_t_____..- ; ; ----- --- -.---- . ....-- ---_...---, Actual Actual Actual Actual I Actual Annual Bdgt YTD Budget Actual $ Variance % Variance Electric $ 1,840,720 $ 1,944,250 $ 1,977,055 $ 1,904,457 $ 2,006,554 $ 2,577,611 $ 2,577,611 $ 2,389,069 $ (188,542) -7.3% Gas 537.631 601,714 677,259 974,993 918,478 1,136,743 1,136,743 829,892 (306,851) -27.0% Solid Waste 299,138 329,964 341,039 362,788 394,437 452,843 452,843 471,666 18,823 4.2% Cable 445,560 476,864 521,992 591,605 600,052 778,217 778,217 739,751 (38,466) -4.9% Phone 863,612 1,069,707 1,062,954 1,093,815 981,575 1,170,968 1,170,968 1,052,313 (118,655) -10.1% Cellular 409,810 615,191 794,266 998,819 1,101,560 1,417,259 1,417,259 1,282,051 (135,208) -9,5% Pager 11,104 9,415 5,242 9,271 8,435 8,604 8,604 6,038 (2,566) -29.8% SWM 120,498 153,973 144,522 138,183 145,588 205,366 205,366 183,944 (21,421 -10.4% UTILITY TAXES Year-to-date thru December State Shared Revenue Year-to-date distribution of$4.5M is below the ytd budget of$5M by $503K or 10%. The unfavorable variance is due mainly to vehicle licensing fees offset by major increases in liquor profits tax and criminal justice high crime. STATE SHARED REVENUES Year-ta-date thru December 1998 1999 2000 I 2001 2002 ] 2003 2003 Budget Revenue Actual ! Actual Actual Actual Actual Budget' I Actual $ Var ¡ %Var ! ; , Motor Vehicle Excise Tax $ 963,678 $ 1,059,402 $ 202,556 $ - $ - $ - $ - $ - n/a City Hardship Assistance - - - - 35,064 - - - n/a Camper Excise Tax 22,046 23,048 3,837 - - - - - n/a Liquor Profits Tax -- 547,578 412,576 466,746 442,941 458,749 462,434 527,500 65,066 14.1% Liquor Excise Tax 229,988 242,698 281,352 282,016 295,100 289,887 300,207 10,320 3.6% Grim Just Low-Pop/DCD j---- 127,827 142,293 73,200 76,903 75,563 76,125 78,672 2,547 3.3% Grim Just Hgh Grime 313,551 173,087 - - 82,034 - 167,402 167,402 100.0% Equalization 384,423 433,576 24,103 - - - - - n/a Local Grim Just Sales Tax 1,360,176 1,478,343 1,632,969 1,653,470 1,600,854 1,611,369 1,596,387 (14,982) -0.9% Fuel Tax 1,725,264 1,752,670 1,735,658 1,754,967 1,809,220 1,764,379 1,751,138 (13,241) -0.8% Veh Licll Fees 656,631 687,022 733,086 690,231 775,840 752,721 18,196 (734,525) -97.6% DUI - Cities - 16,505 10,936 13,686 14,384 - 14,198 14,198 100.0% Local Govt Fin Asst. ~---=-- ~.._--, 686,126 "- 470_~_~ f-c-- _..:.- ---"""---"- I--c---- - $(503,214) n/a "$ ,- 5:ä5ó~~ ~-"-- ,'.", Total ------t$ 6,331,162 $ 6,421,221 e!--5,384.39,3 $5,146,810 $ 4,956,915 $ 4,453,701 -10.2% Change from prior yeari "'" "nlli 1,',"'", ,', 1.4% -8.9% -8.0%. " -4.4% -3.7% '" -13.5% ' 'n/a n/a . Represents monthly historical patterns (199B - 2002) for the 2003 Budget. flD 8 Cirv of Federal War Preliminarv December 2003 Ouarterlv Financial Report ROW Permits and Fees Overall Public Works permits and fees collected through December total $335K, which is $35K or 9% below the ytd budget of $369K. Right-of-way permits collected total $89K which is $94K or 51 % below the ytd budget of $183K. Plan review fees collected total $95K which is $27K or 22% below the ytd budget of $122K. Public works inspection fees of $151 K is $86K or 132% above the ytd budget of $65K. Revenues collected for expedited review total $31K and are not included in this table. , ,', " " 1998 ; '" ",;';;, Actual January $ 16,188 $ February 8.437 March 12,347 April 19,977 May 26,621 June 26,339 July 21,002 August 26,631 September 25,233 October 21,878 November 28,332 December 19,968 Year.t~at8Total " $ 252.953 $ . Annual Total' . '$ ," 252,953$ Monthly Average 21,079 1999 Actual 19.293 $ 16,802 38,782 16,286 12,147 17 ,944 10.644 23,777 10.346 14,652 18,508 38,690 237,871 $ 237,871 $ 19,823 PUBUC WORKSPERMITSIPLAN REVlEWIINSPEi(:TION FEES" ' , , ' 1998.2003' ," "'", " 2000 , 2001 2002 . Actual Actual Actual BtÏdget 23,523 $ 44,253 $ 39,039 $ 33,346 $ 17,837 29,361 13,302 26,924 22,290 12,940 11,707 27,766 22,313 23,964 23,975 38.452 45,771 32,040 51,651 34,614 24,811 37,544 17,263 31,509 13,887 29,732 14,223 27,850 21.405 49,974 36,986 32,803 22,846 22,312 21,169 26,209 17,754 17,687 11,332 24,889 19,801 25,232 17,465 28,542 8,163 39,532 41,369 36,552 , 280,401" $, ,364,569 $, 299,479$'<',369;455 $ 260,401$ ,364,569 S 299,479 $' " 369,455 21,700 30,381 24,957 30,788 2003; Actual 31,391 16,851 76,604 14,823 26,878 29,063 22,556 25.430 41,158 14,878 14.439 20,562 ,334,633 $ 27,886 ,,;' na ,2003 Budget :"\",;', $ Variance \" '" Variance $ .. (1,955) -5.9% (10,073) -37.4% 48,838 175,9% (23,629) -61.5% (7,737) -22.4% (2.445) -7.8% (5,295) -19.0% -- (7,373) -22.5% 14,949 57.0% (10,011) 40.2% --'14,103) 49.4% (15,989) 43.7% (34,822) "'. ""," ',', ;'¡;4% na C'"" "'C""':"";'i'" na ...- _.... -0- Surface Water Management Fees Storm water drainage fees collected thru December total $3.2M, which is below the annual budget of$3.43M by $230K or 6.7%. Stafflearned earlier this year that SWM fees are subject to the 1.5% state B&O tax under "Service and Other Activities" category which the City had not previously reported or remitted. We anticipate the total shortfall due to B&O tax to be around $50K by year-end. ~i) 9 City of Federal Way Preliminary December 2003 Quarterly Financial Report Court Revenue Fines and forfeitures revenue is $73K or 8% below the ytd budget total of $909K. Including probation revenue, the total collected through December amounts to $1164K which is $5K or less than 1 % below last year's collections. Probation services revenue total $328K and is $68K or 26% above the ytd budget. Ytd probation expenditures total $280K resulting in net probation revenue of $48K. Budget Month January February March April May June July August September October November December. -- Year~o-date Total. . $ Probation Services Traff Schl Adm Fee - --- Total % Change ; Probation Services '. . .YTD Total 2003 " Change from Budget thru December* Budget Actual. ,$ Var .'. $Var Revenue $ 260,000 $ 327,671 $ 67,671 26.0% Expenses 260,000 279,682 (19,682) -7.6% $ $680,000 $854,000 1998 1999 Actual Actual 60,696 $ 62,565 $ 66,750 66,562 84,382 84,643 57,631 82,673 73.420 61,106 64,260 72,121 80,666 61,536 61,751 71,255 72,313 62,059 74,540 58,199 56,501 64,346 55,893 58,863 808;801 $'/;805,928,., $ - COURT REVENUE By Month $949,700 $893,478 2000 ; 2001 ! Actual I Actual ¡ 61,809 $ 78,577 $ 83.491 70,573 83,707 74,074 74,273 77,631 75,541 82,169 73,046 73,812 71,957 59,668 97,179 71,793 71,311 67,015 60,635 62,650 71,783 52,340 65,100 45,386 889,832 $ 815,689 - 96.448 - 31,986 -..- --- $889,832 5944,123 10.4%i 6.1% $905,875 ; 2002 Actual 48,982 $ 57,256 69,769 72,609 46,487 49,004 65,189 68,659 55,775 79,013 67,344 66,133 $ ;ij'746,221;;..,S 226,465 - 12,O_~ $984,757 ! 20.7%1 $908,813 I . I 2003 2003 Budget Budget Actual S Var % Var 70,519 $ 55.490 ($15,030) -21.3% 75,843 78,815 2,972 39% 88,984 82,635 (6,349) -71% 82,372 73,723 (8,649) -10.5% 75,155 67,131 (8,024) -10.7% 73,950 77,763 3,814 5.2% 76,130 70,613 (5,517) -7.2% 80,762 57,817 (22,945) -28.4% 73,385 64,752 (8,633) -11.8% 76,892 77,681 790 1.0% 69,584 61,858 (7,726) -111% 65,237 67,652 2.415 3.7% 908,813 -- 5835:930;",($72,883).. .-S.Oõ¡ 260,000 327,671 67,671 26.0% - - - 0.0% "'1:168,813 i 51,163,60;¡-¡ (55:212) --.- -0.4% 56.6%' 28.0"1. n/al Traffic and non-parking fines total $512K and is $32K or 6% below the ytd budget, and compared to ytd 2002, collections are above by 18%. Parking infractions total $59K and is $8K or 16% above the ytd budget, and compared to ytd 2002, collections are above by 85%. DUI and other misdemeanors total $139K and is $6K or 4% below the ytd budget, and compared to ytd 2002, collections are below by 1 %. Criminal costs total $69K and is $19K or 22% below the ytd budget, and compared to ytd 2002, collections are below by 24%. :-:-':-'<.':::::-..., ."""" .." ..'.'.. :-:.:>.. .:" :'.CQURT.R'EIiEN~I::::':':<::: ,,'.::'-:.:::..:.:. .:' :..,:,:>,,;::::,;:,"';.:::':::::';:::";<:-' .:';:'.'.;.:.:...;::;...::". "...."'.".'..."""';'",,:> ;':';."':"".'.':::-:..:. :By'CatgQr:yThrQug¡':t)ec:;~inber....'::-'",'::.::::>..:::::"...'. "",.,:.":':;.:::::-::::::.;:::::;.:.::.'..';::":.; '.'. ------------------------------------------------------------------------------------~=:::::::::::::::::::~~~~::::::::::::::::::::::::=2~~~_!':~~9~(:::::: ! 2002 : Annual Budget 6,313 6,761 432,200 543,546 31.984 51.007 139,926 145,047 75,516 63,489 55,337 87,432 4,946 11,532 Civil Penalties Traffic & Non-Parking Parking Infractions DUI & Other Misd Criminal Traffic Misd Criminal Costs' Shared Court Costs I",..": ..., 'k ,.. : . Probation Services Trail Schi Adm Fee ITotal r " . ", . . C,iminal costs inctude weenel fees - - ...- ..- .- $808,801 $805,928 i 990.2%, -O.4%! 1998 6.804 546.118 32,276 87,048 45,046 67.946 23,563 1999 4,760 470,113 52.902 108.769 59.571 101,263 8.550 808,801 ,'^ft.'ftftft '. - 2000 5,466 510.574 54.151 163.025 54.564 94.612 7.439 889,832 2001 6.749 472.207 58.207 150.651 46,629 74.136 7.110 96,44?- 31.986 944.123 rl1- 226,465 12,071 260.000 YTD Budget Actual 6.761 6,278 543.546 512,043 51.007. 59,044 145.047 138.816 63.489 46.139 87,432 68.564 11.532 5,046 908,813 835,930 260,~00 _¡~7.~71 67,671 1,168.813 1.163.601 15.212) S Va. (483) (31.503) 8.037 (6,230) (17,350) (18.868) (6,487) "I. Var -7.1% .5.8% 15.8% -4.3% -27.3% -21~~ .56.2% -8.0% 26.0% 0.0% .0.4% 10 Citv of Federal War Preliminarv December 2003 Ouarterlv Financial Report GENERAL GOVERNMENTAL EXPENDITURES General governmental expenditures through December total $52.2M or 92% of the annual operating budget of $56.5M. Operating expenditures are below the ytd budget of $56.4M by $4.2M or 8%. Of the $4.2M savings, $3.2M is related to General/Street Fund, of which $1.2 is related to one-time funded program savings. It is anticipated these one-time savings will be carried forward to 2004. There are still some outstanding contract payments that will be made in January for 2003 services which will offset a portion of the remaining $2M GeneraVStreet Fund savings. _.:::- tJS&S City Council City Manager Municipal Court-Operations Management Services Civil/Criminal Legal Services Comm. Development Svcs Police Services Jail Services Parks and Recreation Public Works City Overlay Program Solid Waste HotellMotel Lodging Tax Surface Water Management Debt Service Dumas Bay Centre Knutzen Family Theatre Subtotal Operating Expenditures::: Other Financing Uses. TQtal Expenditu;è$ & QUiet U$es::: EXPENDITURE SUMMARY BY DEPARTMENT Period Ending December 31, 2003 :-: - -2001 -. - - - - -- Actual - - - $ 207,604 $ 654,896 1,043,290 1,662,975 1,167,796 3,051,482 13,024,013 1,204,696 3,089,826 3,176,155 1,358,785 355,471 48,015 1,709,298 4,498,092 557,437 159,432 :36;969;264 9,431,269 :$46;400;533 . :: 2003 R~vi:$ed 8udg~t::.- _200~ -':-:::::.:.:::-:::::-'--Through~ :Act~~V - - - _Aril\u~l. .D.eéèro~r 258,062 $ 276,050 $ 276,050 702,765 691,203 691,203 1,190,711 1,344,569 1,344,569 1,747,702 2,005,360 2,005,360 1,143,436 1,468,586 1,468,586 3,038,385 3,776,187 3,776,187 14,217,460 15,562,170 15,562,170 993,100 1,342,000 1,242,487 3,220,393 4,046,628 4,046,628 3,514,203 4,090,497 4,090,497 1,657,409 2,379,347 2,379,347 296,354 420,855 420,855 105,758 311,797 311,797 1,835,915 2,198,152 2,198,152 4,485,280 15,906,284 15,906,284 504,604 493,786 493,786 160,732 177,050 177,050 : _39,{)72;269: 56;490;52256:;391 ;009: 8,184,384 22,559,503 20,656,646 $ 47,256;653: :$ 79;1J50;O25: $77;047;655 :p.ctu<lI$.:. : :.::::V¡iriance: - - - - . rhrough i:åvorable(ÙJ1favorable} ~ceitiÌ)~r:~:$: - . - - -..Di. $ 285,303 $ (9,252) -3.4% 641,599 49,604 7.2% 1,324,522 20,047 1.5% 1,780,826 224,534 11.2% 1,209,290 259,296 17.7% 3,214,060 562,126 14.9% 14,828,569 733,601 4.7% 1,036,324 206,163 16.6% 3,536,927 509,702 12.6% 3,483,678 606,820 14.8% 1,982,367 396,980 16.7% 281,346 139,509 33.1% 82,102 229,695 73.7% 1,940,939 257.213 11.7% 15,863,046 43,238 0.3% 489,851 3,935 0.8% 190,791 (13,741) -7.8% .. 52;171:;540 4;219;469 7~5o¡. 20,656,646 - n/a $72;828;186 :$:4;219A69 -:..5~5% I'other Financing Uses are those activIties considered one time In nature. City Council City Council expenditures total $285K, which is above the ytd budget total of $276K by $9K or 3%. The unfavorable variance is due to the additional participation in Airport Coalition Communities. City Manager Activity through December total $642K, which is below the ytd budget total of $691K by $50K or 7%. The savings is due primarily to one-time funded programs which includes $30K for the City Video Update. Municipal Court Municipal Court expenditures total $1325K, which is below the ytd budget total of $1345K by $20K or 2%. Management Services Management Services expenditures through December total $1781K, which is below the ytd budget total of $2005K by $225K or 11 %. Savings can be found in election costs, personnel costs due to vacant positions in Finance, and one-time funded programs such as document imaging system, Kronos timekeeping system, Eden financial system, and web redesign/data conversion. Civil/Criminal Legal Law expenditures through December total $1209K, which is below the ytd budget total of $1469K by $259K or 18%. Savings are due to vacant positions throughout the year as well as one-time funded programs such as CDBG domestic violence and victim assistance program, DV Unit Support, outside legal counsel and public defender. r-I3 11 Citv of Federal War Preliminarv December 2003 Ouarterlv Financial Report Community Development Community Development expenditures through December total $3.21M, which is below the ytd budget total of$3.78M by $562K or 15%. Savings are due primarily to one-time funded programs of which only $170K or 23% of the $738K budget has been spent to date. These I-time program savings include neighborhood matching grant, Human Services contract, shoreline inventory, code amendments, permit process improvement, code amendments, planned action SEP A, Amanda upgrade and kiosk & storyboard. Hotel/Motel Lodging Tax Ytd expenditures total $82K and comprise of tourism enhancement grants ($25K), General Fund admin fees ($13K), events planning-Korean Cultural & Sports Festival and Women's Marathon/Sporting Event ($31K), distribution of rack cards ($6K), visitor information ($2K), signage ($2K), postcards and other ($3K). Overall revenues total $145K and are made up of hotel/motel tax ($142K), interest earnings ($3.3K), and postcard sales ($54). Police Services Police Services have expended $14.83M through December, which is below the ytd estimated budget of $15.56M by $734K or 5%. Savings are due primarily to personnel costs and one-time funded programs which include seizures and grants. As shown in the table below, salaries and benefits are below budget estimate, but are offset by overages in overtime and termination pay. One- time funded budgets total $867K, of which only 56% of the total has been expended to date. Public Safety Personnel Costs 2003 YTD ThruDecember $ Variance % Variance Annual Favorable Favorable Budget YTD Budget YTD Actual (Unfavorable) (Unfavorable) Salaries/Wages 8,843,927 8,843,927 8,356,466 487,460 5.5% P3 278,318 278,318 196,341 81,977 29.5% Temp Help 40,216 40,216 - 40,216 100.0% Overtime 255,000 255,000 557,167 (302,167) -118.5% Termination Pay - - 40,147 (40,147) nfa Benefits 2,211,460 2,211,460 1,997,164 214,296 9.7% Total Personnel Costs 11,628,921 11,628,921 11,147,285 481,635 4.1% Year-to-date Police overtime is 45% or approximately $391K below the same period last year. There is a $23K increase in overtime for contracted services and the homeland security programs. When the increase from the billable overtime is included the total overtime is decreased by 40% or around $367K for the year. Type Training Court Field Operation SOAP Other City Portion Contract or Grant Homeland Sec. Billable Grand Total PS Overtime By Type 2002 2003 83,418 26,169 38,406 52,907 635,171 336,032 33,173 2,689 77,560 59,062 867,727 476,859 $ 57,160 $ 74,953 5,355 57,160 80,308 $ 924,887 $557,167 $ (57,249) 14,501 (299,138) (30,484 ) (18,498) (390,868) $ 17,793 5,355 23,148 $(367,720) % -69% 38% -47% -92% -24% -45% 31% NA 40% -40% As shown by the month-to-month overtime comparison graph, the decrease started in February and has stayed about half of last year's spending from March through June of this year. From July through September overtime reflected similar trends to 2002, however at lower levels of expenditures. Preliminary 2003 ynd figures is $557K of total overtime costs for a reduction of 40% from the 2002 expenditures of $925K. 1=( Lf 12 Ciw of Federal Waf Preliminarv December 2003 Ouarterlv Financial Report Police Overtime Expense $120,000 ~2002 .............2003 $80,000 AI '-D-,-tIl.. .JIt:"""""""-'.'" '1IIr" $100.000 <J) ~ $60,000 U $40,000 $20.000 $0 Jan Feb Mar Apr May Jun Jut Aug Sep Oet Nov Dee Month The 2003 budget considers the elimination of the $25 court administration fee which was redirected to traffic school fee, and an additional $25 for other indirect costs. The budget also establishes a direct expenditure budget of $60K is to cover direct ongoing traffic school costs such as overtime and supplies, etc. The following is an analysis on traffic school activity. Thru December, revenues total $214K while expenditures total $59K, resulting in net revenues of$154K. Revenue ',",,"'" ' """""..' '",,:'. ,m"y":,"""","'" ",' ",.,,'" $ 2001,", ,""'20022003 97,606 $ 102.731 $ 214.100 $ Expenditures, Overtime Supplies TravelfTraining Other Charges Court Costs Capital Other Total Expend 13.274 49.724 48,011 46,438 101,698 484 59,970 26,332 484 42,696 -28,1% 82.7% 72.9% 80,6% n/a 100.0% n/a 42.0% 365 6,068 2,739 266 23,669 42.538 1,005 300 4.168 41,828 1,868 2,579 163 40,549 18.707 15,106 1,004 51,962 3,236 4,094 195 (11.413) 15.471 11,012 809 6,645 196 23,050 26,332 Rev Over I (Under) Exp $ 4,976 $ 6,651 $ 42,314 $ 51,168 $ 1,033 $ 154,130 $ 68,674 6648.0% Jail Services The table below compares activity through November as December invoices have not been paid. Jail Services is below the ytd budget of $1.24K by $206K or 17%. The annual budget of $1.34M is slightly high when compared to 2002 annual total of $1.07M. I ,Jail Services ByMonth.,:::""" ,.'m,,:" ! "¡:",,' ,', YTD thTU NO.~~~,'." ,,2003 I Chan;;"frÖ~~~dget ," ',,', ' 1998 1999' ' 2000 2001 2oo2:';".,dget 1 Actual I $ VaT,"'" Vat January! $ 60,188' $ 94,333 i $ 120,003 $ 111.723 $ 108.739 $ 104,341! $ 92,944 $ 11,397 10.9% February 65,197 90,164 128,139 116,334 112,436 108.264 86,453 21,811 20.1% March 70,915 121,485 144,080 120,793 99,516 115,827 ,9,5,'.8J49 ! ,. ' 19,978 17.2% April 65,056 125,588 138,973 129,903 84,259 112,174 104ß60 7,514 6.7% May 83,468 -- 149,750 160,082 121.097 75,907 121,090 11Q,l78'o 10,311 8.5% June 80,496 +- 150,656 124,017 121,974 74,045 113.642 108,047 5,596 4.9% July 118,741 183,945 122,690 102,848 92,830 129,861 _!.OL~Q~ - 22,560 17.4% August 107,773 163,973 108,249 94,176 91,360 118,729 95,840' 22,888 19.3% September 104,243 108,393 104,715 115,010 89,959 111,390'.. 9(9~=-----19,433 17.4% October 93,824 115,714 110,104 98.~ 79,586 104,878 86,5Q~J 18,376 17.5% November 97,7081" 113,844 114,645 72,631 84,463 102,292 ,55,~~ \, 46,298 45.3% December 91,347 111,013 101,125 88,610 78,485 99,513 - - 0.0% TIDTotaJ"T$' 947,609 T$"1;417.846$1;375,69ä-r$1~204,696'$--gg3;100$1.242,487: $ 1,036,3241 $ 206,163 16.6% Grand Total I $ 1,038,956 $ 1,528,859 $ 1,476,823 $ 1,293,306 ,$ 1,071,585 $ 1,342,000 T rt5 13 Citv of Federal Way Preliminary December 2003 Quarterlv Financial Report .... ..... . Celebration Park Operations Operating Revenue - Concession Fees Tournament Revenue' Transfer-In from Utility Tax .TOtaI. oPèt. ~ev]r.~ö&f~~~~!ée$ ;,,;:;. 2003 Actual Budget. . .. YTD December 28,000 $ 7,205 44,490 44,490 220,803 220,803 ., ;:;;;"..g:I~~;293¡ ;'}:.:;.'., '«,,272;4$)~, Salaries & Benefits Supplies Professional Services Leases/Rentals Electricity Water & Sewer Repairs & Maintenance Interfund 182,116 31,850 4,000 6,000 40,000 32,000 9,000 8,940 206,017 26,953 3,328 4,065 23,911 42,047 4,989 8,940 Rev'Over/(Un"',," . ..;'(Ib;,.; (20~613) . The revenue shown is for the full year based on booking records form youth and adult softball and soccer tournaments, filed rentals, gate fees, and light charges. Both budget and actual are accounted in rec. division and are not separated out. The budget amount is shown only for illustrative purpose. Kenneth Jones Pool Ytd pool expenditures total $255K and includes a $36K payment for the pool's continued operations under King County, This amount is net of the $76K one-time payment received from King County to be used for the operation and maintenance of the pool. Full transition of~he pool under King County operations to City staff occurred on June 23rd, Kenneth Jones Pool Annual Actual Per City's Financials Budget YTD December Operating Revenue 314,000 $ 106,911 Transfer-In from Utility Tax 300,000 148,986 ~otaì O~ Rev~_~:;:¡¡ 140,378 Salaries & Benefits Supplies 16,178 King County Parks-Interlocal Agreement 36,127 Travel & Training 1.114 Other Services & Charges 10.581 Intergovernmental 421 Capital Improvements/Maintenance 36,097 Interfund Charges 15,000 I Rev Overl(Und«)¡. The following table summarizes the pool's activity under King County's interim operations from January thru June. Revenues total $81K and expenses total $202K, resulting in a subsidy of$121K, Course Revenue Rental Revenue Point of Sale 35,762 20,158 24,841 Salaries & Benefits Supplies Utilities Other Svcs & Charges . :Pl'()tat:'..€J)èHs~.. ;". 142,902 5,644 46,317 7,336 . .202f~OO Rev Over j (Under)Sx) .11 i' . (121,439) ~ll 15 Citv of Federal War Preliminary December 2003 Quarterlv Financial Report Public Works Operations Public Works Operating expenditures are below December's ytd budget of $4.09M by $607K or 15%. Savings can be found in various one-time funded programs including, traffic impact fee analysis, LED lamp retrofit, traffic counts, setup costs for new positions, and color basketlbanner start-up costs. Also contributing to the favorable variance is the timing of contract payments and delayed hiring of the two new positions. The street systems project engineer and senior traffic engineer were hired the beginning of March. Solid Waste and Recycling Operations Expenditures are below ytd budget of$421K by $140K or 33%. Savings are attributable to timing of grant programs. Surface Water Management Operations Expenditures are below ytd budget of $2198K by $257K or 12%. Savings can be found in salaries and benefits due to the vacant SWM inspector until the first part of April, and timing of contract payments. The table below presents a year-to-date analysis of the Public Works and Surface Water Management (SWM) contracts with King County, WSDOT, and private vendors. Most ongoing maintenance takes place during the spring and summer months. Program Emergency Management Subtotal Administrative Services Contracted Engineerin~i Services' - -É.xpe~~ted PIC¡!1 Revi~w (1) ..- Subtotal Development Services Nëighborti6o( Trafii(; Safeiy:Private-Contracf' Pavement Marking Maintenance-Private Contract Access Management Retrofits Contracted Engineering Services Neighborhood Traffic Safety Traffic Maintenance-King County 2raffig~act~ee -.-.- .-. . --- Sutotal Traffic Services Street r;,bintenance - Private Coñtractors'(2) Street Maintenance - WSDOT Structure Maintenance (3) Subtotal Street Systerris"':\ . :', .:,i::.:« ... Pávement ~v'-anagement System . Sub~~t-; Ove~lay Pr~gra~ -~~. -_:-~ - ._-~ Solid Waste litter Control ---.,-,----.. ._----~.:.... ~~!!II Sol.id Waste. .. .' . .. .... Water Utility Billing - KC Watershed Tnterloca"lAgreemerit--- State Highway Maintenance - WSDOT Water Analysis Str. Sweeping, Catch Basin, Manhole & Pipes .5.§A/NPDE? Gap ~nalysis (including 1-time) ~të!1 Su ña~e Wate!Jllanågement , . ... Snow & Ice Removal Sùbtotal Snow & Ice Rern.oval Total Contractual Services: - YTD thru December Exoenditures Budget I Actual I % 7,000 $ 8o0T n- 11.4% 7,000 ¡ 800 : 11.4% ---'500r---' .__m -~-( 0.0% - 27,842 n/a 500 I .2!.,842! 5568.3% ..---.. 10.000'--- - 00% 15,000 37,453 24_~1%<>. 8,000 - 0.0% 8.000 3,690 ~ 40,000 - 0.0% 360,100 294,909 81:90/0 --- 2.~,667 __n2!,939- 97.4% 469,767 : 363,981 ! 77.5% ----247,327' -----138,26,r- 55.9% 50,036 15,624 31.2% . ,119,3Eì.!.:. ,.. 119,498 10C!.]f:oYo . . 416,730. :¡¡:¡':,,:..' ..273,386 .. 65.6\10 .- 20,000 ..- 19,?~_r!---98.9% 20,000 : 19,785 ; 98.9% ..- 48)-59:'---"', 44,3~,9' __9~:Q2: ,=1.. .48,250..'"","... 44,~._~.O% ----- >---- __~ß5~__~,021_; - 6~:?O¡o 20,524 10,181 49.6% 20,000 7,852 39.3% 13,877 2,400:¡7i% 214,840 127,179 59.2% 15,000..- 3.220 r-~!'~~ 351 ,2?~ 194,8~_~-L--~~~ 26,200 161 0.6% 26,200 161 0.6% $ 1,339,741. $ .. 925,199. 69.1% I:IIIAI Ir - I I $ --. J --... .--- .':9'... (1) Expedited plan review service expenditures have matching revenues. (2) Private Contracts for streets maintenance/traffic control ($16,687), ROW vegetation, mowing and tree maintenance ($161,000), stump grinding, irrigation services, dangerous tree removal ($10,000), small works projects ($14,000), noxious weed control ($6,000), paving inspection services ($19,640), and tree replacement ($20,000). (3) Private Contractors for sidewalk, ramps, curb and gutter maintenance ($112,696) and fences, guardrails, barriers and retaining wall maintenance ($6,671). ~l~ 16 Citv of Federal Wav Preliminarv December 2003 Ouarterlv Financial Report . FUND ACTIVITY SUMMARY . ...,.".".. . .. ...... ... Begiill1ingFtind~. .. Bataric:e at 1/1/0i3 Øerlet~/.Srrcel Fulld: s 9.567.066 S Deþt Service Fund.: (1). . 5;579;129 Special Revenue: Arterial Street Utility Tax (1) Solid Waste & Recycling Special Study (Gov. TV) Hotel/Motel Lodging Tax 2% for the Arts CDBG Paths & Trails Subtotal SpeciirJRevèil'ueFunds .. 695,572 7,872.948 162,896 106,511 182.119 28,114 5,943 51,592 ..9;105;695.. Capital Project: Municipal Facility Downtown Revitalization Unallocated 1997 Bond Proceeds Community/Senior Center/Pool Celebration Park Park Improvements Surface Water Management Transportation $iJbtotðl c~¡j;taii?i:Oj~ts.. 7,440,966 1,031,140 20,365 107,908 574,042 6,634,716 8,092,939 ..23;9tJ2;{)77. Enterprise Funds: Surface Water Management Dumas Bay Centre Operations Dumas Bay Centre Capital Knutzen Family Theatre Capital Knutzen Family Theatre Operations Subtotal EiderpriseFcirids . . .. . 487,502 162,098 99,660 >749;260. 33.195.314 S .1~;7S7;361 1,770,744 7,023,220 255,638 26,470 145,394 9,285 862,898 9,522 10,1()3,172 7,464,375 - 17,265,577 7,767 1.055,141 784,938 12,348,023 38;925;821 ............. . ..... ........ . .Expendit~tès .. 34,257.987 S ..17;916;046... 1,982,367 14,896,168 281,346 113,137 82,102 25,369 820,548 ..18;201;037... - 8,345.689 1,031,140 20,365 271,302 . . . . .. ..... . . Neth:\come . ... . . . . <nl«()t.it) .. . (1.062,673) S ...{2;12S;686} - (211,622) (7,872,948) (25,708) (86,667) 63,291 (16,084) 42,350 9,522 ....(8;097;865) - 3,208,914 474,220 304,471 1,818 180,902 <4,170,325 - 1,204.140 923,538 10,858,382 22,654,556> 2,730,705 489,851 178,429 190,791 >3;589;776< - (881,315) (1,031,140) (20,365) 16,994,276 7,767 (148,999) (138,600) 1,489,641 16,271;265 - - 478,210 (15,632) 126,042 1,818 (9,889) 58(),549 Internal Service Funds: (2) Risk Management 4,057.551 786,578 Information Systems 1,962,972 1,618,217 Mail & Duplication 140,528 220,449 Fleet & Equipment 2,119,918 1,399,259 Buildings & Furnishings 809,634 430,125 SI.iÞt(}f~"rìter~lSetVice.FlJn(ls ..9;O90;t$O3. ....4A54,fWI ...«. ...... > Tot;,ì/AlfFlJri(J$ $S7;9!!3;83Q$ .<106,636,622$ .101;t$O1;4!J.O$> (1) Utility Tax and Debt Service fund balance is reserved for the payment of debt service. (2) Internal Service fund balance is comprised of accumulated replacement reserves for the purpose of fixed asset replacement, with the exception of Risk Management, which is comprised of accumulated reserves for self-insurance and strategic reserve. t=lLJ 945,923 1,653,772 143,298 1,144,788 1,094,308 >4,982;088 < (159,345) (35,555) 77,152 254,471 (664,182) < (527,4S9) . ............ . ........... . 12J31~O03 8,504,392 . . ~;450;443 . 483,950 0 137,188 19,844 245,411 12,030 48,293 61,114 1;007;830. 6,559,652 0 (0) 16,994,276 115,674 425,043 6,496,117 9,582,580 41);173,342 965,712 (15,632) 288,140 101,478 (9,889) . .1;329;810. 3,898,206 1,927,417 217,679 2,374,389 145,452 11;:;63;14tJ. ... ..... 5;O35;lJ2$ . 63;Q28;962 17 Citv of Federal Wav :.: ...... .. . . Beginning Fund Balance $ 13,915,993 $ 17,580,138 $ Operating Revenues Property Taxes Sales Tax HotellMotel Lodging Tax Criminal Justice Sales Tax Intergovernmental Real Estate Excise Tax Gambling Taxes Utility Taxes Court Revenue Building Permits/Fees-CD Expedited Review Fees-CD ROW Permits/Fees-PW Expedited Review Fees-PW Licenses Franchise Fees Passport Agency Fees Recreation Fees Dumas Bay Centre Knutzen Family Theatre Interest Earnings Admin/Cash Mgmt Fees SWM Fees Refuse Collection Fees Police Services MiscelianeouslOther o!<11 Op~.ating.Revenues Operating Expenditures City Council City Manager Municipal Court-Operations Management Services Civil/Criminal Legal Services Comm. Development Svcs Police Services Jail Services Parks and Recreation Public Works City Overlay Program Solid Waste HotellMotel Lodging Tax Surface Water Management Debt Service Dumas Bay Centre Knutzen FamilY Theatre Total Operating Expenditures Operating Revenues over/(under) Operating Expenditures Other Financing Sources Other Financing Uses Ending Fund Balance Solid Waste Arterial Street Utility Tax Snow & Ice Removal Surface Water Management Path & Trails Strategic Reserve Debt Service Dumas Bay Centre Operations Knutzen Family Theatre Police P3 Interfund Loans Unreserved To!<1I:Endlng.Fund Balance 6.437.503 8.782.171 1.360,176 4.970.986 2,231.269 398.950 4.528.073 808.801 966.090 64.394 252.953 54,971 57.597 462,647 466.470 354,094 16.483 1.009,957 165.989 3,032,677 147.101 192.377 2.075,219 311;836;941 190,622 548,651 1.545,619 1.557,525 2.669,939 10,951,028 947,609 2.722,153 3.292,881 1,800,717 282.044 1,463.433 2.127,799 405,298 76.412 30,581,730 8,255,217 2.822.839 7.009.278 206,232 1.640.449 1.748,541 100,000 1.849,241 8.422 2.029,993 4.627,850 (14,164) 30.256 390,409 300,000 10,000 5.057,542 ~ .17,984;771 . $ 6.612.491 9.664,945 46,444 1,478,343 4,942.878 2.438,148 1.430,362 5,201,078 805,928 1,288,040 98,677 237,871 66,243 179,120 469,923 - 525,263 492,702 48,883 1,064,181 168.480 3,125,973 147,062 302,902 153,075 :-:40.989,1111. 217,998 595,744 369,031 1,728,101 1.261,989 2,768,211 11,950,812 1.417,846 3,088,798 3.307,350 1,764,443 233,635 101 1,562,123 5,307,192 487,164 147,223 36,207,761 4,781,250 5,381,056 9,312,902 273,047 1,411,641 3.435,324 100,000 793,111 17,648 2,005,408 4,537,723 18,875 72,685 439,699 300.000 10,000 5,014,384 -:18;429.544 $ Preliminarv December 2003 Ouarterlv Financial Report SUMMARY A TT ACHMENT A ':"~2~9Q 18,050,656 $ 6,976.972 10,159.767 126,767 1,632.969 4,217,599 2,149,790 1.601,699 5.524,330 889,832 1,062,094 148,175 260,401 51.501 137,180 496,418 538.930 484,865 81,144 1,315,590 170.588 3,074,347 154,365 967,328 54,164 -: 42,276,816:.' 195,431 405,195 793.644 1,613,592 1.225,375 2,969,746 12,899,772 1,375,698 3,007,220 3,150,634 1.458,054 294,540 72,298 1,533,594 4,328,241 475,759 183,280 35,982,073 6,294,743 2,818.304 6,101,206 230.142 1,110,886 4,896,519 100,000 1,520.426 28,049 2.059,491 3,684,190 1,112 52,315 317,066 300.000 10,000 6,752,302 21,062,498 $ 20,817,900 $ 7.215,272 10.302,061 136.046 1.653.4 70 3.730,923 1,997,537 2,227.117 6.073.931 944,123 1.051,463 122,502 364.569 33.176 98,650 591.965 551,068 587.386 86,771 784,628 476.302 2.944.439 149,514 633,096 116,861 42,872,870 207.604 654.896 1,043.290 1,662,975 1.167,796 3.051.482 13.024,013 1,204.696 3,089.826 3,176.155 1.358,785 355,471 48.015 1,709,298 4.498.092 557.437 159,432 36,969,264 5,903,606 5.269,286 9.431.269 247.647 1,682,419 3.845.764 100.000 (72,012) 38.543 2,160.794 7.716.235 9,012 49.956 605.119 300.000 10.000 5,866,046 22,559,523 $ ~ t- 2J) 22,799,494 $ 7.644,130 10,773,246 129.299 1,600,854 3.545,956 2,517.473 1,926,443 6.156,679 984,757 1,488,826 188.379 299,479 47.853 157,512 616,668 617,179 509,554 80,308 445,160 480,748 3,087,207 187,725 699,185 129.182 .: 44,313,803. 258,062 702.765 1,190,711 1.747,702 1,143.436 3,038,385 14,217.460 993,100 3,220.393 3,514,203 1.657.409 296,354 105,758 1,835,915 4.485,280 504.604 160,732 39,072,269 5,241,534 4.634,062 8,184,384 267,379 1.259.494 5,646.879 100,000 (176,134) 46,618 6,607,734 403 62,951 564.785 300,000 10.000 9,800,596 24.490,706 .$.. 22003R""ised Budget: . ........ ..-Tf¡iotigh~. "Arin~l: :p~c~!T\ber: 24,595,247 $ 7.777,226 10,999,574 134.000 1,611,369 3.345,546 2.900,000 1,850,000 7.747,611 1,168,813 1,179,816 369.455 142,100 621.964 930,450 493.750 74.476 746,120 526,592 3,432,770 165,240 926.082 98.292 :..47;241;246: 276,050 691.203 1.344.569 2,005,360 1,468,586 3.776,187 15,562,170 1.342,000 4.046,628 4,090,497 2,379,347 420,855 311,797 2,198,152 15,906,284 493,786 177,050 56,490,522 (9,249,277) 16,055.663 22,559.503 105.693 0 1 100,000 982,016 60,892 4,105,182 (112) 428,280 300,000 10,000 2,750,177 88;1t42;130: .$.. 24,620,497 $ 7.777,226 10.999,574 134.000 1,611,369 3.345,546 2.900,000 1,850,000 7.747.611 1.168,813 1,179,816 369,455 142.100 621.984 930,450 493.750 74.476 746,120 526.592 3.432.770 165,240 926.082 98,292 .: 47.24.1,245. 276.050 691,203 1.344.569 2,005.360 1,468,586 3.776,187 15.562,170 1,242.487 4.046.828 4,090,497 2.379,347 420.855 311.797 2.198,152 15,906,284 493.786 177.050 56,391,009 (9,149,764) 15.557.328 20,656,646 :-Actu"I,," .:i:~;¡j¡jg!t::. . :PØ<:ei!iþ$Ì::: 24,598,825 $ 7,971,283 10,518,230 142,041 1,596,387 2,857.314 2,851,386 1,803,996 6,954,724 1,163,601 1,290,645 205,488 334,633 31,133 118,789 671,975 27,960 729,077 474,659 102,248 509,532 526,592 3,202,565 163,483 998.488 107455 . '45;353'683. 285,303 641,599 1,324,522 1,780,826 1,209,290 3,214,060 14,828.569 1,036,324 3,536,927 3,483,678 1,982,367 281,346 82,102 1,940,939 15,863,046 489,851 190,791 52,171,540 (6,817,857) 15.557,328 20.656,646 137,188 483,950 0 100,000 965,712 61,114 .$. 3,450,444 (15,632) (9,889) 458,760 300,000 10,000 6,740,003 ..12;681;650. .$.: .'.... ..VarÍ3i1ce" ... : : FÍi~ii;ìiblÍi(lirifav¡);abièj : : .:Q<>II~'$:($).' :.r>¥ce~t('I.): (21,672) 194,057 (481.344) 8,041 (14,982) (488.232) (48,614) (46,004) (792,887) (5.212) 110,829 205.488 (34.822) 31,133 (23,311) 50,011 27,960 (201,373) (19,091) 27.772 (236,588) (0) (230,205) (1,757) 72.406 9163 .:(1;881563)' (9,252) 49,604 20.047 224,534 259,296 562.126 733,601 206,163 509.702 606.820 396,980 139,509 229,695 257,213 43,238 3.935 113741 4,219,469 2,331,907 nla nla nla nla nla nla nla nla nla nla n/a nla nla nla .2;310;2.34. -0.1% 2.5% -4.4% 6.0% -0.9% -14.6% -1.7% -2.5% -10.2% -0.4% 9.4% nla -9,4% nla -16.4% 8.0% nla -21.6% -3.9% 37.3% -31.7% 0.0% -6.7% -1.1% 7.8% 93% .-4..0"10 -3,4% 7.2% 15% 11.2% 177% 149% 4.7% 16.6% 12.6% 14.8% 16.7% 33.1% 73.7% 11.7% 0.0% 0.8% -7.8% 7.5% .25.5% 00% 0.0% nla nla nla nla nla nla nla nla nla nla nla nla nla nla n/a 18 Annual Pr°l:rams Minor CIP/Maior Maintenance Lake Loren, Lake Jeane, and Easter Lake HSPF modeling; Mirror LakelFisher's Bog modified outlet analysis; Panther Lake Optimization Study; 51" Ave SW Storm Drain Improvements; Other major maintenance projects 1/03 12/03 N/A N/A N/A N/A N/A N/A The project has obtained all necessary pennits and about 75% of all needed easements. The design is near 100% complete pending easement acquisition. The annual programs are used to correct deficiencies posing hazards in major conveyance systems, solve minor localized flooding problems improving water quality and habitat, reduce the liability aspects of publicly owned RID facilities, and restore lost functions and values of City's many streams and lakes. $2,079,977 304,695 Lakota Creek Restoration (two projects to be combined into one) 7/02 12/04 7102 07/02 04/03 4103 6/04 10104 RID Retrofit 6-9 ponds Lake and Stream Steel Lake survey for noxious weeds in Spring 2003; water quality improvements to discharges into Steel Lake in summer of2003. Each year a list of projects is developed for each of the following programs: - Minor CIP/Major Maintenance - RID Retrofit - Lake & Steam - WQ Improvement Projects Total: Water Oualitv Storm Drainage Hot Tape Stencil; Creek and pond temperature monitoring program; Catch basin insert evaluations K:\CIP\swmO12104.doc $226,296 192,677 )) "j -" 01/21/04 PUBLIC WORKS DEPARTMENT SWM DIVISION PROJECT STATUS REPORT Paul A. Bucich, P.E., Surface Water Division Manager W. Hylebos Channel Stabilization 6/02 Design 12/04 6/02 3/03 4/03 4/03 7/04 10/04 SW 356th Street Drainage Study/SW356th St Closed Depression Acquisition 1/99 I 12/04 I 1/99 I N/A I 12/03 I 12/03 I TBD I N/A Land Acquisition - 5/03 12/05 5/03 5/03 11/03 11/03 6/05 10/05 4/03 12/04 4/03 4/03 8/03 4/03 6/04 10/04 East Branch Lakota Creek Restoration Lakota Wetland Regional Detention Pond 11 ~ The project design is 100% complete. The project wiJl be taken to LUTC on 2/2/04 and Council on 2/1 7/04 for approval, and wiJl be advertised for bid starting on 2/2]/04. This project is funded for design, right of way acquisition, and construction. PreliminaJ}' design was completed in march 1999. Property acquisition is under way with only one parcel left to be acquired. The City is attempting to negotiate a settlement with the remaining property owner. The project design is 50% complete. The design team is proceeding with permitting and easement acquisition. The project design is 100% complete. The project has obtained aJl necessary permits. Staff is still working on mpertv acquisition. $1,211,295 225,345 $ 623,535 592,034 $1,479,997 162,518 $767,370 129,939 " '. ,'.. ., . '" . .. ...' .. " II" R!!.'" EÇ! )'IJLE II 5 312'h Street at 8'" Avenue 5 Signal , Design and Const ruction 5 312'" Street at 14:- Avenue 5 Signal Design and Construction 5314'" Street at 23": Avenue 5 Signal 1) &~ Design and Construction k:\cip\traf0104.doc PUBUC WORKS DEPARTMENT TRAFFIC DIVISION PROJECT STATUS REPORT "1.. . ~:;~~2.~í!~œ~$'~~\':}:~~f~~~::~~~~~~.~~~~E:~~~<:;.;::;~:.-~~:::;>,':- .~~A~1;:;.ÇO'~P'~þN..: :J?!:eii.m:' )I¡.nviró: '. .final",' RJ~' . .ç:qr1~t.. ., .¡. :"".. :"D"TE;"'~;"":.:"~A,~E;'~:~".;t;pesign '.P~rmit~ De~ig.'.:-..... :'..;.~ 1/01 12/03 I/O 1 1/01 3/04 5/01 1/01 4/04 5/01 N/A 12/02 N!A 6/03 NjA i 7 ¡01 I N/A 3/04 N/A 7/03 N/A 7/04 i I Rick Perez PE, Traffic E'!9ineer .. ';' . . '. . '~:'..'. ......;. AQOPTED~" 'BUDGET "~ROJEt:T.'~AT.US.. :':-':','..- :. /. .:' .~RO~.Eq:.'-~. AMOUNT, . - '-""""" ::;':~;~"':,:.;:". .:~~~G.~:.'~':. .ENCUMB. -._, Project was awarded to ton Electric in the amount of $231,445. Work began on July 14, 2003 and was completed November 2003. The project is fully funded and the construction contract was awarded to Signal Electric Inc. on January 20, 2004 in the amount of $136,197.3. This Council action also included i transferring $19,924.77 from the 8th Ave S at S 312'" Street project. Project includes $195,000 CDBG funding. The Engineering consultant has submitted 100% complete plans December 2003, There was an Open house held at the Senior housing on 23'" Avenue on July 24, 2003. 5500,000 $180,000 mo.ooo I 1- $500,000 $184,737 $0 ~ -C., 1;20/2004 II ;1 '. . '/.::...'.." '" """ . . ,,--.'.. ,". . -', .-. ".' .I'RO.ŒCT TlTlF; . : :'.. STARr. ...," .:/~:I:f:: - ., II 25,.1 .\-CI1I1C S" Ro;¡d I linp""clII,'nls. ~o 'I :111 S, ¡,,;;o ;Z~I!1. "lid S" '20lh ~Ircc' dollhle :ofl III'" 'allc> n...,.;!".,~(}W""d(",;"r"e¡ic'" :;lL!\ll.'\II>1 !I S"",h.'20thS:.e""!I,IIPI,,ccS"lIlh '01-'\. I:t:i¡¡} 1'"dcr£"'\lI1daIlJ "noc,«'"p" lh."c". t«lW"",!("""",,,""'" P"ulk Ih~II",,~ So!:lh liD\: la"", P!I3>cl ,S'>.}121I1SII"CI '0"" '24111 S,rce! !J"'I;!" ile HI' aM (',m','",.""" PUBLIC WORKS DEPARTMENT STREETS DIVISION PROJECT STATUS REPORT .,..::~~~.::\~:~~/r~ . IiR9"EC:~ED.,--:. CO~I.l'pt::nON' .R.'~' ;.' 1):ATt':.,.:.,..- ".PIU!LI" 1-'I"'~I1'O ~:"::'.':':::'::'/.:'. ~ ~ES1~'> .r~"'T~ .. .,. ':. " "'r ",~' - 'F.,stIM¡\TED,PI:tQJ~ç~'~i.\s£':, . ; . STAR]":.'.:: . SA 1 'I~ 8 'I~ ., (TEA 21. 11'1') I, 1.>."'..'.'1" Ih~II":~.~U"lhl(..IVI.""., .1 . I'h.lsc II, "" ,2.1!\ S:rcel !o S" 1.,4ell..1; Sire"~, 0,"""". /I()¡~ "wt ("'I."""""" (IT\2I.TI'I'.'\II', I S;2.\IhS"WI"ISR";JI""'Ù.' (,-(IO! 2041 :-,,\ tnt, I I . ---, 1 .. " " ~ <¡; 12112 1% 2.04 '\i'JX 2'04 (dn 12(;.1 '1,,\ I DO :-, .\ --'¡'J C)¡;¡; 'III!) ".' .'.'" :\1"""111 S"IIClIIIII. ".1-:. ~lre.1 S¿"ll'lII' \Iall"grr .' .,/:,:,:'i~~~~:,::..:.;"t;!...,. <ADOPTED . ,. ..,. PROJECT. - : "-.~ .:~ BUDG~'r:: , PRO~ECT STAT~;S '.' .' H;W '0 I . CaNST I,. .. 00, FlXAL DA'l<¡!> nc¡¡, S .\ 'j cJS ,,00 !>.Oi) ..' 12'~ ! ".~ .,I)!I II.(!) i !1(;°1 I , r.:' ." ( - .. " .. .. BU)(a::r AMO(;¡\T F.NC(;!\"~, .. .. ,:'" .' .¿:j....'-,':. "..'" ";::..r . .::. ..- , (,"I 1"";0;': "", r~IIII'I.:r"" h- I II'K. I!lr III Jonuar)' }OO~ T::,' C,">Ir.lllu\I;.I»I¡"""I,~I"V,n.1.;7C"'!I!lI¡'r"dJI..",.I¡ ru!IIpc"s"",,n ('IIY <:all. Ei:!:IIICt"!lI~ ",,::,"II.m' lOll the I""~O"' ,II:" 'JIll "de Ieg.II ,00lIIeil I> 'c"ewllI~ Ihe don"o:c!ll.I""" .111" ¡he '"hdn} IIllh,' d;1I'!I. SA 11". ,:,o,"'r"p" pr'Jlct"l W.I> """'plcl"¡ The (dy rclII.1I '" !I)!, 110111 In he COlllplclC<.1 ,,!I I!'"~ I"".ice, ,> Ihe IIlIdcr~IUII",II:r~ "I ('vcrhe,," ,,"1"1"" ""!"" I"","e e;L'C:':."'5 ú,"~,., ;2!ilh ~"cel !'"'"ec,, 21." .\ -e "lid 25'" A".. PSI. -1:lIt "ork.llo Oil :1", 1""1"'" 1/1 ,.If!} S'1'lemhcr 2')!).; :111.1 Iii.' 1""'..,', sh,,";;! he n,,::plelell h, Ih" end uJ' Fcb","" 2(¡!J~ "02 1'1", 1""10..1 " ,lIh,(;lIn",II: "",,;plc-Io TIcc cumr,,""" '', sn 111).':1>""""""'.1.(,(' 1""Jlkll~Onlhc,.lld><."pill~aIlJI'""Ò h-: 110"". hum."ed 1""1"': li!l.II C<1!11f'!C""" b C!I,! or F,'¡'ra;lI~ JOO; 7 (I: "Th.>prnIL'."-":¡;!c""'II<lIlIrllnll lhc;.oll:rac:l"'I<rWK.IIlc:. FSI"Wl,'d P"'J"c:I WlI!ple"UII b '-",elllher 2004 .11!1 11", ;""1"" "", "o,k,'J ""111 WIIIIIII"""" wnh !he POI,., Ii,. I"':"""""'II!IIIO\ L:IIIC> I'I:.I>C I-SII..'ll,hSllee,:" So :;l~,h S¡,,'," 1"<>""" :0> " eli:III;'.c Order. I "IIIU'OJ 1"°"'<1 !;.",I '"""'I'lc"oll 1$ e:1<1 III Feh"",,} 2""': J '--' ,;..\-II.U4Z 1.'12 ;,lJ1() 12.3"'.21 ~ 111.234..111] 1.1.1(0.'>010 ~. nU'41 ([J~"~,,IH)\\' ( "",,""'<11<>11' l.'I¿:;.lJ10 (lIC>lpl C,,">I"" ",,'" 12."«'.""" ([Ic,,!:n RO\\ ('<""m" "",,) II>.lMljll!/1 I IIc>"'1I RI 1\, ,\;, (""';>11""'10'") 1.,4(>.'0(, ¡( .011'::.:1;."":;' -~ 0_. ". '" ',.. .. "- '- . i ~~!i' ',," ¡ II to¡ 1'.... -" ;,:¡ ~;.:j, ::: I ""Ou . :¡ :>-'. z '. =<1'.;..; . -- ..'. ) ::;\ ,~~l.:."\"",:::: o~5.,. ~ =- =.: ' I ! . j' . I I . . ~.. : "', .. ,', ',',. "".; ., . " . 0 rn.:- "..' ~,' .' ~ .:.>:1..:\ . <IJ' . ".' ..: ".. . "', . . ~.. :. ::- '." '.~ 0 . . (0/, ': '. '" 3.;" . :.: =- . t. ," . . . ~ ... t: ""... 3= ==...... . =- 1;; Q, "-I ... :.-.. ':::'- , ..Ë>:' .'., ';."':: '0' ., , .,. ...", . . '~~"':, . . .' '. . " . . '. '~, '.', z. . ~g ¡"!-I;.:¡ í..iWl¡.. ~i~ c:::'- œ ° . . . '" 1..)." . r" . o¡.. ¡.).'.."- :'. . '. '.', ':,: - :/.~:~.:>.;; :."~ . '. 0 .~; :., ':' :",".,' : .~' t.;¡. ~ I. 5 ~'.'. :-.. .:.:.. . ~. '." Ll:':""" =- . . .,. '.. '. .." . . . ': ':". ..""..,..' .. :§: ~~ i ~ os> ~ - §,'. ~... m,. - " ~ j, ~~, ~-~::...', g~fn~= ._~ -~ ~-" . , - - §, ¡; - - ~~. iHH '!; : r:. ......-,...~ o~. - ¡¡;; ~ ~111l ~ .,. , . 2: ~, :3 ,. .-. 2 "" - .< ..' , ", ~¿ > ~ §~~ ~,~if ~;'~' ~ ~ :;:=';;;N Ê~1e j~ '" ;!: 1! § ~! ~i Þ¡¡ iJ ~~ ~ ~ :! ~ - ç H~:! ¡ ~~. 'r. ¡ :; "" ;.. j ~~ ~ £ ~~ - ~ 7. =:;~ ~< ~ ~ 5 ~ =: g §,.3 .Q~ - '0 ". -= ;:¡ .,. v. Iii ;¡ ~ il 5~.:Ê! 1m ~lil ~]j ¡ .-. .-. ;;0 = ::- ::- '" ". - -. " ~l ;¡ :: <:, -: :::g ~ ~ ¡¡ ¡j ...:.: ;:; ;¡ <::.' " ;¡: '/: :: - " -. ~ § ~ "- ~' ~L5" - .. .'< X "', or ~!1 ~ ~ ~ '!; ¡¡~ 1!:~ ,:;: ¡it 1m ¿ .,. .-. /. ~ .,. .-. ? '^. = ¿ '. 6 ;, ~ ,", .. ,. ~ ~ " 0 N ~ t;; t ~ 88 ~;; UN ;;¿;: MEETING DATE: February 17,2004 ITEM# :JL. (!) CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Grant Funding for Transportation Improvement Projects CATEGORY: ~ CONSENT 0 RESOLUTION 0 CITY COUNCIL BUSINESS BUDGET IMPACT: 0 ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ATTACHMENTS: Memorandum to the Land Use and Transportation Committee dated February 2, 2004. SUMMARYIBACKGROUND: To date, the City has received a total of $5,260,791 in grant funds for the Pacific Highway S HOV Lanes Phase III Project (Design, Right of Way, and Construction), requiring a total match of$2,607,018 from the City. This total includes $615,691 in Federal funding and $4,645,100 from the State Transportation Improvement Board. The City was not awarded grant funding for the South 356th Street (First Avenue South to Pacific Hwy) Construction Project. CITY COUNCIL COMMITTEE RECOMMENDATION: At its February 2, 2004 meeting, the Land Use and Transportation Committee made the following recommendations: . Accept the 2002 Countywide TEA21 (Federal) Grant in the amount of $615,691 for the Pacific Highway South HOV Phase III Project. Accept the 2005 Transportation Partnership Program (State Transportation Improvement Board) Grant in the amount of $4,645, 1 00 for the Pacific Highway South HOV Phase III Project. . PROPOSED MOTION: Motion to accept a total of$5,260,79l in grant funding from the 2002 Countywide TEA2l (Federal) Grant and the 2005 Transportation Partnership Program (State Transportation Improvement Board) Grant for the Pacific Highway South HOV Phase III Project. CITY MANAGER APPROVAL: ~ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 T ABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # ~ CITY OF" -7 Federal Way DATE: February 2, 2004 FROM: (, Jack Dovey, Chair I \ Land Use and Transportation Committee \ I Marwan Salloum, Street Systems Manager t~~_/ David H. ~anager Grant Fundin~o; Transportation Improvement Projects TO: VIA: SUBJECT: BACKGROUND: This memorandum provides the Council with the current status of the grant applications submitted in 2003, grant funding received to date, and required match. . Pacific Highway S HOV Phase III (S 284th St to Dash Point Rd) (Design and Right of Way and Construction Phase) . 2002 Countywide TEA21 (Federal) . 2005 Transportation Partnership Program (State) PROJECT TOTAL GRANT FUNDING REQUIRED MATCH 615,691 4,645,100 $5,260,791 83,118 2,523,900 $2,607,018 S 356th Street (1st Avenue S to Pacific Highway) (Construction Phase) . 2005 Transportation Partnership Program (State) No Grant Funding Awarded RECOMMENDATION: Staff recommends placing the following items on the February 17, 2004 Council Consent Agenda: . Accept the 2002 Countywide TEA21 (Federal) Grant in the amount of $615,691 for the Pacific Highway South HaV Phase III Project. Accept the 2005 Transportation Partnership Program (State Transportation Improvement Board) Grant in the amount of $4,645,100 for the Pacific Highway South HaV Phase III Project. . APPROVAL OF COMMITIEE REPORT: -~~ ~~ ê{Jtá, ~¿~~ -- ~Â, ~~.~. r"-'~=~--" -~._~"-~, -~,- -~- .~~..~_. ~~...~..-~.....~_.~-~_.-~~._-~.-----.J, '.j MS:kk cc: Project File Central File k:\lutc\2004\grant funding for transportation improvement project. doc MEETING DATE: February 17,2004 ITEM# ~) CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Eighth Avenue South at South 312th Street Signal Improvement Project, Final Project Acceptance and Authorization to Release the Retainage CATEGORY: BUDGET IMP ACT: [8J CONSENT 0 RESOLUTION D CITY COUNCIL BUSINESS D ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ATTACHMENTS: Memorandum to the Land Use and Transportation Committee dated February 2,2004. SUMMARYIBACKGROUND: The Eighth Avenue South at South 31th Street Signal Improvement Project, constructed by MT Electric, Inc. is complete. The final cost for the construction contract was $194,320.45; $60,575.05 below the approved construction contract budget of $254,589.50 (including contingency of $23,144.50). The memorandum to the Land Use and Transportation Committee contained a typographical error; it reported that the project was $23,144.50 below budget. That figure is the contingency amount, not the amount under budget. The numbers are reported correctly, above. ..........".'.'......""".".....""..".. CITY COUNCIL COMMITTEE RECOMMENDATION: At its February 2, 2004_meeting, the Land Use and Transportation Committee recommended acceptance of the MT Electric, Inc. Eighth Avenue South at South 31th Street Signal Improvement Construction Contract (AG No. 03-102) in the amount of$194,320.45 as complete, and authorization to release retainage. PROPOSED MOTION: Motion to accept the project as complete and authorize retainage CITY MANAGER APPROVAL: -([d- (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 T ABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # ~ CITY OF 'fT ~ Federal Way DATE: February 2, 2004 FROM: Jack Dovey, Chair Land Use and Transportation Committee Ken Miller, P.E., DepU~PUbIiC Works Director ~ David H. ~~ager Eighth Avenue South at South 312th Street Signal Improvement Project, Final Project Acceptance and Authorization to Release the Retainage TO: VIA: SUBJECT: BACKGROUND: Prior to release of retainage on any Public Works construction project, the City Council must accept the work as complete to meet State Department of Revenue and Department of Labor and Industries requirements. The final cost for the MT Electric, Inc. Eighth Avenue South at South 312th Street Signal Improvement Construction Contract (AG No. 03-102) is $194,320.45. This cost is $23,144.50 below the approved construction contract budget of $254,589.50 (including contingency). RECOMMENDATION: Staff recommends placing the following item on the February 17, 2004 City Council Consent Agenda: Acceptance of the MT Electric, Inc. Eighth Avenue South at South 312th Street Signal Improvement Construction Contract (AG No. 03-102) in the amount of $194,320.45 as complete, and authorization to release the retainage. ..,APPROVAL OF COMMITTEE REPORT: . ",."'";",, , ' .. .." "",, , , , , ' , "":,,',,"",, """" , ,,:"".,," .//7" "",, """ "~""'r£" ""',, , , "?'" /" . , ,," ' , _~~a~- .~~~~ --'~ri)_~so~:e~~~~- KM:kk cc: Project Ale Central Ale k:\lutc\2004\8th aye 5 @ 5 312th signal - final acceptance.doc ITE~~_~Cf? MEETING DATE: February 17,2004 CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Litter Removal Contract CATEGORY: BUDGET IMPACT: [g CONSENT 0 RESOLUTION 0 CITY COUNCIL BUSINESS 0 ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ATTACHMENTS: Memorandum to the Land Use and Transportation Committee dated February 2,2004. SUMMARYIBACKGROUND: The City has used Vadis to provide litter removal services for all City roads and facilities, while also assisting Surface Water Management during dry periods, since 1993. Contracting with Vadis provides useful employment to specially challenged individuals, resulting in low-cost litter control services to the City. Per the recommendation ofthe City Attorney's Office, a new contract is needed to ensure that the City's current contract provisions are included. While this type of service is not subject to competitive bidding or prevailing wage, City Purchasing Policy directs that a contract ofthis amount be approved by the City Council. The contractor's annual compensation level of $49,217 will remain unchanged for 2004, and will be funded primarily by the Solid Waste and Recycling budget, with additional funding from the Surface Water Management Fund. CITY COUNCIL COMMITTEE RECOMMENDATION: At its February 2, 2004 meeting, the land Use and Transportation Committee made the following recommendations: a. Authorize staff to develop a litter control contract with Vadis for 2004 for an amount not to exceed $49,217.00 b. Authorize the City Manager to execute the contract PROPOSED MOTION: Motion to authorize the City Manager to execute a contract with Vadis for 2004. CITY MANAGER APPROVAL: .mÛ~_.. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 T ABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # ~ CITY OF , ~ Federal Way DATE: February 2, 2004 TO: Jack Dovey, Chair Land Use and Transportation Committee FROM: Ken Miller, Deputy Public Works Director :r:: David H. Mo èy, nager Utter Rem~val' antract tYJ~ VIA: SUBJECT: BACKGROUND: Since 1993, a company known as Vadis has provided litter removal services for the City of Federal Way. Vadis provides a crew of five developmentally disabled individuals, a supervisor, and a transport vehicle to collect litter from roads and City facilities throughout Federal Way. Vadis also performs a variety of other low-skilled operations. This flexibility, in turn, provides labor cost savings to the City, while granting useful employment to specially challenged individuals. Service is scheduled so that the Vadis crew regularly removes litter and debris from all major right of ways in Federal Way, while also assisting with Surface Water Management facility clean up as needed during dry periods. Based on feedback provided by Public Works Maintenance Supervisors, and the marked reduction of litter complaints since service inception, the work provided by Vadis has represented an excellent value. Vadis also provides similar services to the Cities of Auburn and Puyallup, the Sumner School District, and the King County Library System. The contract was last updated in 2000. Per the recommendation of the City Attorney's Office, a new contract is needed to ensure that the City's current contract provisions are included. During the prior contract update, the City Attorney's Office provided an opinion that this type of service is not subject to competitive bidding or prevailing wage. However, City Purchasing Policy directs that a contract of this amount be approved by the City Council. The contractor's annual compensation level of $49,217 will remain unchanged from 2002 and 2003. Funding for this service is primarily budgeted in Solid Waste and Recycling, with additional funding from the Surface Water Management Fund. RECOMMENDATION: Staff requests that the Committee place the following recommendations on the February 17, 2004City Council Consent Agenda: a. Authorize staff to develop a litter control contract with Vadis for 2004 for an amount not to exceed $49,217.00 b. Authorize the City Manager to execute the contract APPROVAL OF COMMITTEE REPORT: . '., I ~ ~.~.....:..,...~ fi'(6.. --...".. ':::::' .. jac -Õ Vev ,-cháï¡:- ,-- ~~-- .. - -Eric F~~e:~~ ".. .. ... -- .. -"-~.--' .-.. "...-- -- - ---..-- ..-- ..-.-- ""-- ..-- -- - -..-- --- -----.. ---_..- - --- ---- .....--- -..-.. .. - - .. n- --. - -- k:\lutc\2004\litter control-vadis.doc MEETING DATE: February 17,2004 ITEM# ~ .......-..........--.......---....... CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Police Evidence Building CATEGORY: BUDGET IMP ACT: !XI CONSENT 0 RESOLUTION 0 CITY COUNCIL BUSINESS 0 ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $0.00 $50000.00 $0.00 .............-.............--..--....... ATTACHMENTS: Materials from February 3, 2004 study session .......-...-.--.-.....-.-....... ......"'...-....-.-........-.....-....... .......-...........-.........-....... SUMMARY /BACKGROUND: At its February 3, 2004 study session, City Council consensus was that staff should move forward with design of a 5,750 square foot police evidence building on the west half ofthe new city hall's north parking lot, using up to $50,000 in police asset forfeiture funds. Staff will return to the Council later this year with a design and some options for funding construction. CITY COUNCIL COMMITTEE RECOMMENDATION: N/A PROPOSED MOTION: "I move to select the west half of the new city hall's north parking lot as the location for a police evidence building, and authorize the City Manager to expend up to $50,000 in police asset forfeiture funds to design the facility." 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 Evidence Building Location Options Top three City-owned properties identified by staff that have the ability to accommodate a 5,500-6,000 square foot building. New City Hall North Parking Lot* Hauge Property French Lake Park Advantages . City owned . City owned . City owned . Excellent customer service and staff . Evidence building compatible with city . Adequate customer service and staff efficiency due to proximity to City Hall shops efficiency in terms of proximity City and Municipal Court Hall and Municipal Court . Connected to City Hall security systems . Evidence building compatible with . No demolition required Lakehaven and Fire facilities . Simpler permitting process because combined with parking lot SEP A and land use applications . Simpler construction process because portions can be combined with parking lot . Code Enforcement's "Sign jail" could be combined into facility because proximate to City Hall . Commercial zone Disadvantages . Reduces parking lot by 25-30 cars . Poor customer service and staff . Not connected to City Hall security efficiency due to distance from City Hall systems and Municipal Court . Drainage problems . Not connected to City Hall security . Significant grading required systems . Reduces park acreage and moves city . Drainage problems further from Comprehensive Plan target . Demolition of existing building(s) . Evidence building incompatible with required; possible asbestos issues current park . Limits expansion of city shops and . Separate permitting and construction maintenance yard process required . Separate permitting and construction . Residential zone process required . Significant landscape buffer required . Residential zone * Staff recommendation DAVID A. CLARK ARCHITECTS, PLLC 5,760 SF Evidence Building Pre Design Stage Tufa" It.rojt'd Costs Construction Costs ¡Building Construction Budget (See Breakdown) Created Rc\'i:,ed Related (Soft) Costs Permits (Estimate) 0.0% 334,450 $ AlE 13.4% 334,450 $ WSST 8.8% 334,450 $ Insurance 0.0% 334,450 $ Advertising, Bidding Costs $ Printing, Reimbursables $ Testing 1.0% $ Utility connections $ Archeological Review $ 2% for the Arts 0.0% 334,450 $ Survey $ Soils Engineering $ Total Soft Costs ... ... ...... .................. ... ...... ... ...... ...... ................ ...... ...... ... ..., $ 44,816 29,432 1,000 1,000 6,000 20-Jan-04 .~O.J.I" O-J $ 334,450 I 82,248 'I'otul Pro.ittt (~osts .................. ........................ .......................... ..,.............. S 416.6~)H Owner's Contingency (Building) 10.0% $ 334,450 $ Exclusions Financing Costs All Costs shown for January, 2004 33,445 DavidA Clark Architecb, PI.! J' FWEvidence Bldg CE 013004: Project Costs Printed 02/04/2004, 11 :34 AM DAVID A. CLARK ARCHITECTS, PLLC r- ;~~~e~~ ~:=nCeBuildi"-~~ --.~ I. ... Created --ZO-JaD=O4 ~---_u -- Statement'ôt:Probable Cost Revised 30-Jan-04 ITEM QUAN. ! UNIT COST I SUB TOTAL I TOTAL SPEC I 2200 ~~:~~vition - - 78 CY- 5:75-447.57 - _=-$53,039] ~ ~~: 6~~~ ~~ 1 ~:~~ 3~:~~~:~~. ~~.._-~.-- __I r- Rockeries 0 8.25 0.00 I 1-- Erosion Control 140 LF I 6.00 840.00 -! --===J l n- Layout - 11 LS ~OOO.OO ~OO.OO' ------J ~- Dust Control/Dewatering 541 LCSy 1,0008..0700 1'400740..0003 ----~-----J L Footing Backfill I 1- Mise 1 LS , ~OO.OO 400.00 i ---- -- ====~--~¡ í I~:e_~:o;:~king .--- O~IECC~y ~-_.______15055_.:4~~7 -, -- -~ O~.:~oOoo_-~=--_...=_n__-.__---- ! r~r Cut - Existing Asphalt ~~~il1g- ----, L-~ Remove Exist Asph~!!__- ~- ~::::ding --~-- :;~~,~~- i- -~ ~::~-I - ::;~~:~~t-=:-=.:: -j i 2500 ff~II;~~~~s- - 11 :H; - - 1~_~~ lO'::~:~r _~_~~4'90j L__- :Pateh Road for UtÚi~i~s ----- - 1 EA-_~2,20~~00 2,200.00 i-- -- -=-=J 1------ 4" Extruded Cone. Curb -- 0 LF ,----- 3.25 - 0.00 ~- I I-!~J:~¿~;:=::~ .== g ~ !'~11-.=- ;i:~ . 1~~-~iJ~== I' - _.-- i~~:::ade=~- ~- , 11lII~~i,--40H~1 l'~¡~:~~ 1",-~ .---- 1-- - ,Off Site StreetImProveIlle~ .. O,LS_, , __0.00 1- O.°!J., I ~~ ~I~~~ervl:e~::dmt-~ i= 3 oof LJ - 12. ~J ~~j . ¡Phone Conduit 2-4" PVC-.. i 300~,_,F_I, 16.00 4' ,,800~_~( - :~~~~~~e~ineExtension '.:=1 ~i~t 1- l'O~i:~~~ 1,OO~:~~ ~C ~~ 1 - - ¡ 3'O~~~:~~~~~ $24,295 -------- - ---- - ------ David A. Clark Architects, PLLC FW Evidence Bldg CE 013004: Detail Estimate - Building, Page 1 Printed 02/04/2004, 11 :34 AM I 1 1- - ------ i--' t-~ 1--- I 1-'-- I I-- I ¡--- I I ¡--2800 SITE AC'CESSORIES L_~ Dumpster Enclosure 1---- Bollards I L- ~-- 1 2900' LANDSCAPING ¡-- Irrigation 1----- , --- 4" topsoil ------ fine grade ._~--_._._----- . 2" mulch 1-------- .--.-.- 1-- - .Lparking island trees and g.c. - -- OlEA L - 3,000.00 -Ò:~~ $01 520rrAii_- 60:::: 0.00 - . ~~j 5200 sf: 0.00 0.00 - -, -- ~;~~. :t+. _-.n.-=---. ~:~~- .. ~:~~ f.. =1 200jsf . .--- 0.00 . '--' --------- 1.0 LS i- 720.00 720.00 - - =-~5760SFt--=: 3.20 . 18,432.00 ~--- ~I --_.- . -W..SF i.n_---- 16.00 --(U)O-...-.---i --= - -- I ---l--~- '. -- -- i-n f54~9 j . .. I' ~Wtl~-'-5:17~:~~ -- 5,~~:~~.j=--=- '-I I I 6240 ~~~~p~AIvI!I"A2E - r~ -1--- $°1 no6JINSuC\TIO~=-- - O,SF ... 4.50 1- .'- 0.00+ --1 -=- ~~l- r~o{- -- -- . 6¿3 ~~~ -- ~:~ ~ F ~:~~~.~¡ - -~ $7,83l ~njDoorISil]jPiate Chin~;nll '- 68[C~ '. L81 . 122~-- - i _Z6Ò~ASH~~q_. . .--------=f 1- ------~- ~-------- -- - ---~~~2.! 23 ¡ - - -- perimeter seedin~ repair 3300 CONCRETE -- ~- Perimeter Footings& W - --- -- -- Repair Sidewalk Interior Slab on Grade -- --- 4200 MASONRY _n- _m~__n Brick Wainscot ___n_- ------- 6100 ROUGH CARPENTRY --_... 2x4 Walls, 14' ---- ___n- I I SPEC _n- !-- I 1 - i.State'ßlent of Probable'ëosi%-:' I:: . ITEM Wet Tap- Water - domestic ------- Oil Water Separator Fire Sprinkler Vault Drain Side Sewer _n_-_---~~ Roof Drain Lines -- Perimeter Footing Drains ---- - Catch Basins _._---~ 8" stann lines inc1 ex and BF -- alls , Hardware David A. Clark Architects, PLLC QUAN. I UNIT COST ---- L__nJ__- ~f!:S 1,700.00 80!LF 8.68 ----------::-1- OlEA 2,000.00 - --- 0 EA 500.00 80 LF 19.00 260 LF I 6.00 320:LF 6.00 1 !EA 1,350.00 100 LF 16.93 Rcvised SUB TOTAL I I 1,700.00 ¡ 694.40 0.00 I 0.00 -~ 1,520.00 1,560.00 1,920.00 1,350.00 1,693.00 30-Jan-O4 ¡ I TOTAL I ----1 ----- ~n- --- --- ~ J -- FW Evidence Bldg CE 013004: Detail Estimate - Building, Page 2 Printeù 02/04/2004, 11 :34 AM 'St.iement ~fProbablc Cost'; .~. i SPEC! ITEM I I I Gutter;--~ 1=7900 CAULKING &- SEALANTS r-- . I CaulkIng I 1-----. - I 8100 I ~T~~~RS & FRAMES I.-- I 8332 COILING DOORS ï Storage Do~~ 1- ---, I L-- -- I 8700 HARDWARE 1--- Locksets-single 2 EA I 170.00 340.00 f9900;:;;~~P'kp: ete 2EA :- - _131.00- - ~. ::~~ I-,; I' ," -$8401 . 22 EEAA=T, =~~--~ 161 00"". 0000 ~ ¡__~.::M. Doors 220 00 ~ í C T D -1 EAt--- 250.00 250 00 I ~- - M~::ng- oor_=- - -¡'LS¡= -250,00 ' 250'OO~ -. -'-1 ¡-1O200' LOUVERS--~-~-T~= ~ L $500 1~:426 ~;:7 2'E~ ~~_250.00 500.00!;,. $0 I Address Sign__- - , YA F_200.00 - 0.00,--- - ~l I- 105 20 ~~:~TIN~UJ~HI3RS -1 EAE~- 50.00 By Owner' -r - .' - $0 I . I I I ~i300 ~:=1;;cr---~ TT~I~tn:--=~~~'~~ " -~ ~:~TI--= - $0 I 113120 ~~~~f~:~~t~[)~TALBTD~~oISF" u- 10040 59,904.00 uu_$59,9041 l-l~321 ~;=~~I~Fir:=- . ~760~~ =~ 4.54 26, 150A0 _==-$26,150 j 1)5300 FIRESPRINKLERS-=-- f=- i~ --- nn -== ::::_~ L ~ryS~~~~---~_u=I~--_~7~OL 0.00 0.00 ..~ Rcvised QUAN. I-I UNIT COST SUB TOTAL 30-Jan-O4 1 TOTAL I I 1921LF t~-5.85~- 1,12320 - - $400 1 LSI 400.00 400.00 ~,- I 0,00 l $0 ". :0 þ-=-~ I II 0 EAt" 285.00 EA I -- 1,575.00 Inc1 --_.~-~ $602 David A. Clark Architects, PLLC FW Evidence Bldg CE 013004: Detail Estimate - Building, Page 3 Printed 02/04/2004, 11 :34 AM .,,¡..., .,. . ,. ...,... , ..., " 'statement of Probable Cóst ::/": h'~~ Rcvised 30-Jan-O4 . I SPEC 115400 PLUMBING- --- I--~I-~O fi~~ure r~~troo~_. r---tS500 REA TIN G -~ ---- ¡-~-----~_...._--_. , Heating -- ---- ITEM QUAN. I UNIT COST SUB TOTAL I TOTAL I I I I -------.L.-------- ------ i $3,533 I -~~- -.-j-- Î 3,533.25 3,533.25 I ¡ ----~ ----r---- I ~-= $20,506 ¡ 5760 SF -¡-~ 3.5~ ~ 2~505~o.L- - - $30,240 [ 5760 sF -~ 5.25' - 30,240.00 1- -- . I I 1 EA -~-~.._--_. 16000 ELECTRICAL System, po~er, lights SU B TOTAL. . . . . . . . . . . . . . . . . . . . . . . . .. ... ... .... ...... '. . $273,9601 I 4.0% 5.0% 12.0% 273,960 ---- 273,960 298,616 10,958+- 13,698 35,834 DESIGN CaNT. 0- -- . GENERAL CONDITIONS j GENERAL caNT. OH &P I 1-- +--- -~~-- .. +--r==- -------~~_._--- 60,4 . -----0 °l'~"-~ ßlJILD.ING TO1'AL . . . . . . . . . . . . . . . . . . . . . . . . .. ... ... .... .... $334,450 David A. Clark Architects. PLLC FW Evidence Bldg CE 013004: Detail Estimate -- Building, Page 4 Printed 02/04/2004, 11 :34 AM MEETING DATE: 02/17/04 ITEM# ,~¡/ ~) CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: 457 Deferred Compensation Plan Changes CATEGORY: ~ CONSENT [8] RESOLUTION 0 CITY COUNCIL BUSINESS BUDGET IMP ACT: 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 Development/Regional Affairs Committee, including draft resolution, summary of changes and revised ICMA Retirement Corporation 457 Plan and Trust Document. ..............................' SUMMARY/BACKGROUND: A number of changes to the laws governing Section 457 deferred compensation plans became effective on January 1, 2002. The final regulations governing 457 deferred compensation plans were recently issued by the Internal Revenue Service. The attached draft resolution adopts a revised ICMA Retirement Corporation Plan and Trust Document which implements those changes. CITY COUNCIL COMMITTEE RECOMMENDATION: Move to full Council to adopt the attached draft resolution which implements changes in the laws for 457 deferred compensation plans effective January 1, 2002, and replaces Resolution 90-28 establishing a deferred compensation plan for the City, and Resolutions 97-241 and 02-357 amending the plan. PROPOSED MOTION: "I move approval ofthe FEDRAC Council Committee recommendation to adopt the attached resolution which implements changes in the laws for 457 deferred compensation plans effective January 1, 2002, and replaces Resolution 90-28 establishing a deferred compensation plan for the City, and Resolutions 97-241 and 02-357 amending the plan." CITY MANAGER APPROVAL: mV;¡Jm m..................................... (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 # City of Federal Way MEMORANDUM Date: January 12,2004 To: Finance, Economic Development and Regional Affairs Committee David MO~anager ~ Mary McDougal, Human Resources Manager~' Via: From: Subject: 457 Deferred Compensation Plan Changes Background: You may recall that a number of changes to the laws governing Section 457 deferred compensation plan changes were passed as part of the Economic Growth and Tax Relief Reconciliation Act of2001 (EGTRRA). These changes related to contribution provisions, portability provisions, and distribution provisions. Examples of key changes included an increase in the contribution limit (to $13,000 in 2004), the "catch up" limit was raised to twice the limit in effect for normal contributions, a new age 50 catch up provision was added, portability of retirement assets between retirement plans and governmental 457 plans and traditional IRAs was allowed, and there is more flexibility in taking distributions from the plan. These EGTRRA provisions were adopted by Council Resolution 02-357. The final regulations governing Section 457 deferred compensation plans were recently issued by the Internal Revenue Service, and the current resolution is a housekeeping item to incorporate the IRS final regulations related to the earlier change in the law. In most cases, the provisions are effective retroactively to January 1,2002 as specified by the regulations. An overview of the changes and the revised plan and trust document are attached for your review. 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 1, 2002, and replaces Resolution 90- CI 28 establishing a deferred compensation plan for the City, and Resolutions 97-241 and 02-357 amending the City's deferred compensation plan. APPROVAL OF COMMITTEE ACTION: CL RESOLUTION NO. DRAFT f/ ¿¡r / () '71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THE CITY'S DEFERRED COMPENSATION PLAN (AMENDS NO.90-28,97-241 and 02-357). 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 - 2 8 amended by Resolution No. 97-241 and Resolution No. 02-357 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 management 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 Section 6. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Sect ion 7. Effective Date. In accordance wi th the changes in the Internal Revenue Code, certain provisions of the code shall be effective retroactively to January I, 2002. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this day of , 2004. CITY OF FEDERAL WAY MAYOR ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, Patricia A. Richardson FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. K:\Resolution\DeferredCMP2004\2002-00S Res. # , Page 3 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 constitutionality of any other section, sentence, clause or phrase of this resolution. Res. # , Page 2 Attachment A: Overview ofRC Model 457 Plan Document Changes Note: All changes made in accordance with the final 457 regulations issued July 11, 2003, are effective retroactively to January 1,2002 (as specified by the regulations), unless noted otherwise. As your 457 deferred compensarion plan provider, ICMA-RC will take care of most additional administrative tasks associated with the regulatory changes, to the extent this is feasible. Our Employer Services Unit is available at 1-800-326-7272 to answer your questions. VI CONTRIBUTION PROVISIONS Issue Pre-Regulations Post-Regulations Implications Employer Administrative Actions Plan Document Reference Deferral Agreement Participants were required, under Employee deferral agreements for Enables the deferral of Probably none. In general, employers will Sections 4.01, 4.02 the Plan document, to enter or 457 plans must now be in place accumulated sick pay, vacation be in compliance with this rule as long as amend the Joinder Agreement prior to when compensation is pay, and back pay. they ensure employees have agreed to defer governing Plan deferrals prior to ~, not before it is ~ prior to the first day of the month during the calendar month it was to (See row immediately below for which the first deferral is remitted to become effective for compensation (See row immediately below for more details.) ICMA-RC "not vet earned" as of that month. more details.) Deferrals of Vacation Pay, Sick Plan did not permit deferral of Deferrals of accumulated vacation Allows participants to make sizable Consider adjusting administrative Section 5.03 Pay, and Back Pay accumulated vacation pay, sick pay, sick pay, or back pay contribUtions in the year of procedures associated with paying pay, or back pay. ("accumulated pay") are now termination of employment accumulated pay in order to facilitate (continued on next page) specifically permitted subject [0 assuming the conditions detailed employee deferrals of accumulated pay into the following conditions: under the "Post-Regulations" their 457 plan accounts. According to the column are met. final 457 regulations, participants may not . Participants must agree to defer accumulated pay that is paid after contribute the accumulated Since the proposed 457 they leave employment. For this reason, it pay prior [0 the date this pay regulations were released in May is expected that employers will use a new becomes payable to the 2002, many public employers administrative procedure in order to pay participant. (Participants do began facilitating the deferral of the accumulated pay of employees while J1Q! have to make this election accumulated pay by their they are still employed. Creative prior [0 the first day of the employees into 457 plan accounts procedures employers are considering for month it is payable.) as a means of helping them build this purpose are outlined in Appendix 1. Election can be made as late their tax-deferred savings. In as the month of separation if addition, since the final certain conditions are mer. regulations confirmed that participants may not defer accumulated pay that is paid after participants leave employment, 1U;)Un :wn Attachment A: Overview of RC Model 457 Plan Document Changes Note: All changes made in accotdance with the final 457 regulations issued July 11,2003, are effective rettoactively to January 1, 2002 (as specified by the regulations), unless noted otherwise. As your 457 deferred compensation plan provider, ICMA-RC will take care of most additional administrative tasks associated with the regulatory changes, to the extent this is feasible. Our Employer Services Unit is available ar 1-800-326-7272 ro answer your questions. <;\ CONTRIBUTION PROVISIONS (CONTINUED) Issue Pre-Regulations Post-Regulations Implications Employer Administrative Actions Plan Document Reference Deferralr of Vacation Pay, Sick . Participants may not defer employers have been Pay, and Back Pay (continued) accumulated pay that is paid implementing or considering the after they leave employment. implementation of new creative For example, if a participant administrative procedures which terminates employment in would allow their employees to January, bur his/her defer their accumulated leave. accumulated pay is not paid Please see the "Employer until February, this AdminiStrative Actions" column / accumulated pay may not be for more information. Jr is deferred into his/her 457 anticipated that many employers plan account in February. will continue to facilitate trus (After identifYing this practice. However, in order ro requirement in the proposed permit this, most employers will regulations, lCMA-RC urged have to change their procedures the IRS to change its position associated with paying on this issue, but despite our accumulated pay. effortS, this restrictive rule was maintained.) . Note: The final regulations do not address the deferral of severance pay, which the IRS appears to view diffirent/y than vacation pay, sick pay, or back pay. As a result, it appears that employers should not permit the deftrral by participants ;{severance pay. Attachment A; Overview ofRC Model 457 Plan Document Changes Note: All changes made in accordance with the final 457 regulations issued July 11, 2003, are effective retroactively to January 1, 2002 (as specified by the regulations), unless noted otherwise. As your 457 deferred compensation plan provider, ICMA-RC will take care of most additional administrative tasks associated with the regulatory changes, to the extent this is feasible. Our Employer Services Unit is available at 1-800-326-7272 to answer your questions. '-1 CONTRIBUTION PROVISIONS (CONTINUED) Issue Pre-Regulations Post-Regulations Implications Employer Administrative Actions Plan Document Reference Conrríbution Limit Contriburions limited to the lesser The 457 plan contribution limit Provides greater deferral Probably none. Since employers were Sections 2.07, 2.17,5.01 of $8,500 or 33 1/3 ofIncludible will now be the lesser of (1) a opportunities for lower income notified of this change to the contribution (President Bush signed this change Compensation (equivalent of 25% dolIar amount in effect for that participants. limit last year, it is believed that most have to the percentage limit into law of pre-deferral compensation). year (e.g., $13,000 in 2004) or already implemented the necessary changes last year as part of the Job 100% of "includible" to their payroll systems. If not, payroll Creation and Worker Assisrance compensation. Includible systems should be modified to apply 100% Act of2002.) Compensarion no longer has to be limit to gross compensation less any reduced by pre-tax contributions picked-up employee 401 plan to deferral plans [e.g., 401(k), contributions. (See "Post-Regulations" 403(b), 457, 125 cafeteria plans]. column.) Includible Compensation must only be reduced by mandatory pre-tax ("picked-up") employee 401 plan contributions. Catch-Up Contributions Normal retirement age ("NRA") Under a special rule, "qualified Formalizes abiliry of police and ModifY administrative procedures to Section 2.15 was required to be the same for all police and firefighters'" can fire personnel to make catch-up ensure "qualified police and firefighters" employees. designate a normal retirement age contributions earlier than other are accommodated appropriately based on ("NRA") earlier than other plan employees. the final 457 regulations. participants, but no earlier than age 40. These individuals generally can designate an NRA withour regard to the rules under their "basic plan" but not later than age 70 1/2. *This special rule is available to a "qualified police or firefighter" as defined under section 415(b)(2)(H)(ii)(I) of the Internal Revenue Code as a participant with".. .at least 15 years of service.. .as a full-time employee of any police or fire department which is organized and operated by the State or political subdivision to provide police protection, firefighting services, or emergency medical services for any area within the jurisdiction of such State or political subdivision.. .". HI;)UIl :)PH Attachment A: Overview of RC Model 457 Plan Document Changes Note: All changes made in accordance with the final 457 regulations issued July 11,2003, are effective retroactively to January 1, 2002 (as specified by the regulations), unless noted otherwise. As your 457 deferred compensation plan provider, ICMA-RC will take care of mOSt additional administrative tasks associated with the regulatory changes, to the extent this is feasible. Our Employer Services Unit is available at 1-800-326-7272 to answer your questions. 00 CONTRIBUTION PROVISIONS (CONTINUED) Issue Pre-Regulations Post-Regulations Implications Employer Administrative Actions Plan Document Reference Catch-Up Contributions Participants permirred to use 457 plan participantS may no longer Provide participants the Ensure administrative procedures allow Section 5.02(b) carch-up only once and were able use unused deferrals from a former opportuniry ro use catch-up participants ro maximize their catch-up ro used unused deferrals from employer's 457 plan ro make normal provision with multiple contributions based on the final 457 prior employers. carch-up coneriburions under rheir employers. However, it limits the regulations. currene employer's 457 plan. employee from using unused 457 plan participants may use the deferral from prior employment. normal catch-up provision under rheir Confirms that participants may cutrene employer's plan (assuming suffìciene unused deferrals are available maximize catch-up contributions. under their current plan) despire the fact they used the catch-up provision under a former employer's plan. In situations where participants are working for multiple public secror employers during the same time period, they may make catch-up contriburions under <:lch employer's plan. However, the deferral amount cannot exceed the catch-up limit for a particular rax year and rhe total amoune the participant can defer is derermined using the plan char provides the participant wirh rhe largest catch-up opportunity. For example, if a 48 year old in 2003 participates in two 457 plans and has rhe following unused deferrals: (1) Plan A - $10,000; (2) Plan B - $7,000, hefshe could defer a maximum of (1) $22,000 under Plan A ($12,000 normal contribution maximum plus $10,000 in Plan A unused deferrals) or (2) $19,000 under Plan B ($12,000 normal conttibution maximum plus $7,000 in Plan B unused deferrals). However, the maximum hefshe can defer in this siruation for rhe 2003 tax year would be $22,000. Attachment A: Overview of RC Model 457 Plan Document Changes Note: All changes made in accordance with the final 457 regulations issued JulJC 11. 2003, are effective retroactively to January 1, 2002 (as specified by the regulations), unless noted otherwise. As your 457 deferred compensation plan provider. ICMA-RC will take care of most additional administrative tasks associated with the regulatOry changes. to the extent this is feasible. Our Employer Services Unit is available at 1-800-326-7272 to answer your questions. ~ CONTRIBUTION PROVISIONS (CONTINUED) Issue Pre-Regulations Post-Regulations Implications Employer Administrative Actions Plan Document Reference "Age 50 Catch-Up" "Age 50 catch-up" provision was Confirms that participants age 50 Provides greater deferral Modify administrative procedures to Section 5.02(a) signed into law as part of the or older can make additional opportunities for participants who ensure participants may fully utilize the age Economic GroWth and Tax Relief contributions above the annual have reached age 50. 50 or normal catch-up contribution Reconciliation Act of 200 1 normal contribution limit. provision. (EGTRRA). Confirms that during the three years ending prior to "normal retirement age", participants may contribute the greater of (1) the age 50 catch-up amount or (2) the normal catch-uD amount. "Sidecar" or Deemed lRAs No specific provision relating ro Allows employers ro permit Provides employers an additional Determine whether Sidecar IRA will be made Section 9 Deemed IRk. employees ro contribute through employee benefit that could enhance available to employees. payroll deduction to a Traditional their abiliry to attract and retain or Roth IRA that is a "sidecat" to employees. Note: The Sidecar IRA provisions are the 457 plan. Participants A Sidecar IRA program also helps included in the lCMA-RC model plan investing in a Sidecar IRA may employers enhance their plan document so that employers who adopt the contribute up ro the 457 plan economics by growing the plan in mode! plan document will be adopting the contribution limit and then over three ways. First. employee Sidecar IRA provisions. However. despite and above up to the IRA contributions add to plan assets. the faCt that you adopr the Sidecar IRA contribUtion limit. For example. Second, participants can roll outside provision,s, if you do not want to make this during 2003, a 457 plan assets into their Sidecar IRA accounts. featUre ava;labJe to your employees. you do participant under the age of 50 Third. SidecariRAs help retain assets not have to implement them. Please note could contribute as much as in the employer's plan. that in order to implement a Sidecar IRA $12,000 to the 457 plan and program, employers must use ICMA-RC's The combination ofICMA-RC's EZLink plan administration system. anothet $3,000 to a Sidecar IRA. internet-based IRA Wizard and Participants age 50 or older are EZLink administration systems allow If the Sidecar IRA provision is implemented. able to make additional employers to offet Sidecar IRAs employers should make necessary changes to contributions by utilizing the "age through their payroll systems without payroll systems and procedures to remit 50 catch-up provision". adding significantly to their contributions to ICMA-RC administrative workload. ¡":\l1Il )1'11 Attachment A: Overview of RC Model 457 Plan Document Changes Note: All changes made in accordance with the final 457 regulations issued July 11, 2003, are effective retroactively to January 1, 2002 (as specified by the regulations), unless noted otherwise. As your 457 deferred compensation plan provider, ICMA-RC will take care of most additional administrative tasks associated with the regulatory changes, to the extent this is feasible. Our Employer Services Unit is available at 1-800-326-7272 to answer your questions. CONTRIBUTION PROVISIONS (CONTINUED) Issue Pre-Regulations Post-Regulations Implications Employer Administrative Actions Plan Document Reference Excess Contributions No specific provision relating to Requires "excess deferra!s" to be Formalizes excess deferra! remedy Modify administrative procedures based on Section 5.05 excess contribUtions. These distribUted "as soon as and makes more stringent than the new excess deferra! provision. amounts genera!ly remained in administratively possible" after the current practice. the plan but were required to be plan determines the amount is in taxed during the year of deferra!. excess. If excess deferra!s are not distribUted, the plan could be considered an "ineligible plan " and subject to taxation under the rules of Section 457(f). The excess deferral amount is always taxed in rhe year it was contributed to the plan and earnings are taxed in the year the excess deferral is diStribUted. 0 Attachment A: Overview of RC Model 457 Plan Document ChlUlges Note: All changes made in accordance with the final 457 regulations issued July 11, 2003, are effective retroactively to January 1, 2002 (as specified by the regulations), unless noted otherwise. As your 457 deferred compensation plan provider, ICMA-RC will take care of most additional administrative tasks associated with the regulatory changes, to the extent this is feasible. Our Employer Services Unit is available at 1-800-326-7272 CO answer your questions. -- -- WITHDRAWALS PROVISIONS Issue Pre-Regulations Post-Regulations Implications Employer Administrative Actions Plan Document Reference Loans ICMA-RC Plan document has The proposed regulations confirm Confirms a long-held ICMA-RC None. Sections 8.01 and 8.03 permitted loans on the same terms the availabiliry of participant loans position that employers may elect since 1998. under Section 457 plans. co include a Joan featUre in their 457 plan. Withdrawal Elections Prior to the passage of the The regulations confirm that ;ill Provides 457 plan participants None. ICMA-RC has implemented Section 7.01 Economic Growth and Tax Relief 457 plan participants may change with the same withdrawal systems and operational changes necessary Reconciliation Acr of 200 1 thdr payment dates/schedules. flexibility available to participants to accommodate this flexibility, effective (EGTRRA), 457 withdrawals wete This includes participants who, in 401 (k) and other retirement January 1 2002. extremely restrictive. prior to January 1 2002, were plans. receiving benefit payments or who had previously established a beginning payment date. Emergency Withdrawals The only examples specified for Additional examples of Broadens and clarifies previously Make any necessary changes co Section 7.06 emergency withdrawals were unforeseeable emergencies are issued guidance and allows administrative procedures to accommodate financial hardship resulring from a provided in the final 457 additional situations to qualify for the additional qualifying emergency sudden illness or accident of the regulations: emergency withdrawals. withdrawal sitUarions. participant or dependents or a loss . imminent foreclosure of, or of the participant's properry due eviction from, primary to casualry. residence . non-refundable deductibles and prescription medicine . funeral expense for a dependent (as defined in IRS Code Section 152(a» . the need co. rebuild a home following damage to a home not otherwise covered by homeowners' insurance. Attachment A: Overview of RC Model 457 Plan Document Changes Note: All changes made in accordance with the final 457 regulations issued July 11, 2003, are effective retroactively to January 1, 2002 (as specified by the regulations), i1nless noted otherwise. Ai; your 457 deferred compensation plan provider, ICMA-RC will take care of most additional administrative tasks associated with the regulatOry changes, to the extent thic is feasible. Our Employer Services Unit is available at 1-800-326-7272 to answer your questions. - N WITHDRAWALS PROVISIONS (CONTINUED) Issue Pre-Regulations Post-Regulations Implications Employer Administrative Actions Plan Document Reference Emergency Withdrawals Emergency withdrawals could A parricipant's beneficiary may Previously beneficiaries were not Make any necessary changes to Section 7.06 only occur as the resulc of a now take an emergency expressly permitted to take administrative procedures to accommodate financial hardship of a participant. withdrawal on the same terms as emergency withdrawals. a beneficiary's abiliry to take a emergency applicable to the participant. Beneficiaries did however, have withdrawal. the abiliry to generally take withdrawals as desired. This provides beneficiaries the added flexibility of being able to take emergency withdrawals in situations where they are receiving periodic payments withoUt having to alcer their current payment stream. Emergency Withdrawals Home purchases and the payment Confirms that home purchases Consistent with prior guidelines. None. The final regulations are consistent Section 7.06 of tuirion were .!Jill considered and the payment of tUition are .!Jill with previous guidance on this issue. eligible for emergency wirhdrawals considered eligible for emergency except in exrraordinary withdrawals except in circumstances. extraordinarv circumstances. Divorce SitUations - QDROs ICMA-RC's 457 Plan document The law provides a formalized The regulations provide a Probably none. Since employers were Secrion 10.02 (Qualified Domestic Relations has permitted QDROs under the means fot dealing with 457 assets formalized means for dealing with notified of this change after the enacrment Orders) rules applicable to 401 (a) plan in divorce sitUations. 457 assets in divotce sitUarions. ofEGTTRA in 2001, it is believed that since the passage of the Economic mosr plan sponsors implemented the Growth and Tax Relief necessary administrative changes to Reconciliation Acr of 200 1 accommodate these QDRO regulations. (EGTRRA). Attachment A: Overview of RC Model 457 Plan Document Changes Note: All changes made in accordance with the final 457 regulations issued July 11, 2003, ace effective retroactively to January 1, 2002 (as specified by the regulations), unless noted otherwise. Plan-to-Púm Transfer Plan-to-Plan Transftr Plan-to-Plan Transfer A5 your 457 deferred compensation plan provider, ICMA-RC will take care of most additional administrative tasks associated with the regulatory changes, to the extent this is feasible. . Our Employer Services Unit is available at 1-800-326-7272 ro answer your questions. Issue Pre-Regulations Plan-tO-pian transfers betWeen governmental 457(b) plans were limited ro plans within the same state. Ttansfers from governmental 457(b) plans ro purchase service credits are not permitted. Transfers are not permitted betWeen governmental and tax-exempt 457(b) plans. Only current employees were permitted ro roll assets from other employer plans and IRAs intO the current employer plan. Rollins From Terminated Employees - \.).> PORTABILITY PROVISIONS Post-Regulations I Implications Plan-to-plan transfers betWeen governmental 457(b) plans iIK.!I2 longer ¡¡mited ro plans within the same state. Governmental 457(b) plan assets may be transferred ro governmental 401 (a) defined benefit plans ro purchase past service credit. In addition, transfers are not limited ro plans within the same state. The regulations confirm that transfers are not permitted betWeen governmental and tax-exempt 457(b) plans. To ensure it is the most flexible plan permitted by law, the ICMA-RC model 457 plan document has been amended ro allow terminated employees to roU in assets from other retirement plans including IRAs in order ro consolidate their retitement plan assets in your plan. Note: ICMA-RC incorporared rhis amendmenr in response to requestsfrom employers rhat wanted to accommodate their terminated employm' desire to consolidate their retirement plans assets. In addition, these employers recognized that allowing additional assets to roll into their plans would benefit their plans (rom an economic perspeCtive. Provides individuals who move betWeen public sector employers in different stares the opportunity to consolidate theit 457 retirement plan assets. Provides individuals the flexibility ro purchase past service credit under a defined benefit plan. Transfers are not limited to plans within rhe same state. Confirms past guidance. Allow terminated employees to consolidate their retirement plan assets. In addition, allows employers ro accumulate additional assets in the 457 plans they offer, thus benefiting the plan from an economic perspective. Employer Administrative Actions Adjust administrative procedures ro ensure individuals have the flexibility to transfer to and from any governmental 457(b) plan, regardless of the location of the plan. Adjust administrative procedures ro ensure individuals have the flexibility ro transfer their 457 plan assets to purchase a past service credit in a defined benefit plan, regardless of the location of the plan. Probably none. Ir is believed that most employers have administrative procedures in place ro ensure that 457 transfers are only permitted ro and from governmental 457(b) plans and not tax-exempt 457 plans. Approve roUover requests. ICMA-RC will handle the majority of the administration associated with roUovers into your plan. Plan Document Reference Section 6.10 Sections 6.10, 6.11 Section 6.09, 6.11 Sections2.16,6.11 ICMA RETIREMENT CORPORATION Deferred Compensation Plan PLAN & TRUST D E'/ UMENT '. " ',,' , ," "/"",.:i',:: "ICMA RETIREMENTCÒRPORATION The Public Sector Expert 457 Plan and Trust Document DEFERRED COMPENSATION PLAN & TRUST As Amended and Restated Effective January 1,2002 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 provisions set forth in this document. The primary purpose of this Plan is to provide retirement income and other deferred benefits to the Employees of the Employer and the Employees' Beneficiaries in accordance with the provisions 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 exclusive benefit of Participants and their Beneficiaries. No part of the corpus or income of the Trust shall revert to the Employer or be used for or diverted to purposes other than the exclusive benefit of Participants and their Beneficiaries. Article II. Definitions 2.01 Account: The bookkeeping account maintained for each Participant reflecting the cumulative amount ofthe Participant's Deferred Compensation, including any income, gains, losses, or increases or decreases in market value attributable to the Employer's investment 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 provided in Section 6.06 for valuing the Trust's assets. 2.03 Administrator: The person or persons named to carry out certain nondiscretionary administrative functions under the Plan, as hereinafter described. The Employer may remove 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' advance notice in writing to the Employer, in which case the Employer shall name another person or persons to act as Administrator. 2.04 Automatic Distribution Date: April 1 of the calendar year after the Plan Year the Participant attains age 70-1/2 or, iflater, 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 event 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 otherwise provided in the Participant's Joinder Agreement. If no beneficiary is designated in the Joinder Agreement, if the Designated Beneficiary predeceases the Participant, or if the designated Beneficiary does not survive the Participant for a period of fifteen (15) days, then 1 457 Plan and Trust Document the estate of the Participant shall be the Beneficiary. If a married Participant resides in a community or marital property state, the Participant shall be responsible for obtaining appropriate consent of his or her spouse in the event the Participant designates someone other than his or her spouse as Beneficiary. The preceding sentence shall not apply with respect to a Deemed IRA under Article IX. 2.06 Deemed IRA: A separate account or annuity established under the Plan that complies with the requirements of Section 408(q) of the Code and any regulations promulgated thereunder. 2.07 Deferred Compensation: The amount of Includible Compensation otherwise payable to the Participant which the Participant and the Employer mutually agree to defer hereunder, any amount credited to a Participant's Account by reason of a transfer under Section 6.09 or 6.10, a rollover under Section 6.11, or any other amount which the Employer agrees to credit to a Participant's Account. 2.08 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. 2.09 Employee: Any individual who provides 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. 2.10 Employer: , which is a political subdivision, agency or instrumentality of the [State/Commonwealth] of , described in Section 457(e)(1)(A) of the Code. 2.11 457 Catch-Up Dollar Limitation: Twice the Dollar Limitation. 2.12 Includible Compensation: Includible Compensation of a Participant means the "Participant's compensation," as defined in Section 415(c)(3) of the Code, for services performed for the Employer. Includible Compensation shall be determined without regard to any community property laws. Includible Compensation shall include any pre-tax contributions to an integral part trust of the employer providing retiree health care benefits. 2.13 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 alternatives designated by the Employer, designate the Employee's Beneficiary or Beneficiaries, and incorporate the terms, conditions, and provisions of the Plan by reference. 2.14 Normal Limitation: The maximum amount of Deferred Compensation for any Participant for any taxable year (other than amounts referred to in Sections 6.09, 6.10, and 6.11). 2.15 Normal Retirement Age: Age 70-1/2, unless the Participant has elected an alternate Normal Retirement Age by written instrument delivered to the Administrator prior to a Severance Event. A Participant's Normal Retirement Age determines the period during 2 457 Plan and Trust Document 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 Participánt's alternate Normal Retirement Age may not be earlier than the earliest date that the Participant will become eligible to retire and receive immediate, unreduced retirement benefits under the Employer's basic defined benefit retirement plan covering the Participant (or a money purchase pension plan in which the Participant also participates if the Participant is not eligible to participate in a defined benefit plan), 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 having previously elected an 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 Severance Event if the Employer has no mandatory retirement age. If the Participant will not become eligible to receive benefits under a basic defined benefit retirement plan (or money purchase pension plan, if applicable) maintained by the Employer, the Participant's alternate Normal Retirement Age may not be earlier than 65 and may not be later than age 70-1/2. In the event the Plan has Participants that include qualified police or firefighters (as defined under Section 415(b)(2)(H)(ii)(I) of the Code), a normal retirement age may be designated for such qualified police or firefighters that is not earlier than age 40 or later than age 70-1/2. Alternatively, qualified police or firefighters may be permitted to designate a normal retirement age that is between age 40 and age 70-1/2. 2.16 Participant: Any Employee who has joined the Plan pursuant to the requirements of Article Iv. For purposes of section 6.11 of the Plan, the term Participant includes a former Employee of the Employer. 2.17 Percentage Limitation: 100 percent of the participant's Includible Compensation available to be contributed as Deferred Compensation for the taxable year. 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: 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 have experienced a Severance Event for purposes of this Plan when, in accordance with the established practices of the Employer, the employment relationship is considered to have actually terminated. In the case of a Participant who is an independent contractor of the Employer, a Severance Event shall be deemed to have occurred when the Participant's contract under which services are performed has completely expired and terminated, there is no foreseeable possibility 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. 3 457 Plan and Trust Document 2.21 Trust: The Trust created under Article 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. Article III. Administration 3.01 Duties of the Empl(wer: The Employer shall have the authority 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 maximum 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 Participants' 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 this 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 the 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. A new employee may defer compensation in the calendar month during which he or she first becomes an employee if a Joinder Agreement is entered into on or before the first day on which the employee performs services for the Employer. 4.02 Amendment of Joinder Agreement: A Participant may amend an executed Joinder Agreement to change the amount of Includible Compensation not yet earned which is to be deferred (including the reduction of such future deferrals to zero). Such amendment shall become effective as of the beginning of the calendar month commencing after the date the amendment is executed, or such other date as may be permitted 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 Compensation 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 (1) the applicable 4 457 Plan and Trust Document dollar amount as defined in Section 414(v)(2)(B) of the 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 compensation (as defined in Section 415(c)(3) of the Code) for the year, over (ii) any other elective deferrals of the Participantfor 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 not, with respect to the year in which the contribution is made, be subject to any otherwise applicable limitation contained 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 a higher limit under Section 5.02(b) applies. (b) Last Three Years Catch-up Contribution: For each of the last three (3) taxable years for a Participant ending before his or her attainment of Normal Retirement Age, the maximum amount of Deferred Compensation shall be the lesser of: (1) the 457 Catch-Up Dollar Limitation, or (2) the sum of (i) the Normal Limitation for the taxable year, and (ii) the Normal Limitation for each prior taxable year of the Participant commencing after 1978 less the amount of the Participant's Deferred Compensation for such prior taxable years. A prior taxable year shall be taken into account under the preceding sentence only if (x) the Participant was eligible to participate in the Plan for such year, and (y) compensation (if any) deferred under the Plan (or such other plan) was subject to the Normal Limitation. 5.03 Sick, Vacation and Back Pay: If the Employer so elects, a Participant may defer all or a portion of the value of the Participant's accumulated sick pay, accumulated vacation pay and/or back pay, ptovided that such deferral does not cause total deferrals on behalf of the Participant to exceed the Dollar Limitation or Percentage Limitation (including any Catch- up Dollar Limitation) for the year of deferral. The election to defer such sick, vacation and/or back pay must be made pursuant to a Joinder Agreement entered into before the beginning of the month in which the amounts would otherwise be paid or made available to the Participant, and the Participant must be an Employee in that month. In the case of sick, vacation and back pay that is payable before the Participant has a Severance Event, the preceding requirements are deemed to be satisfied if the Joinder Agreement providing for the deferral is entered into before the amount is currently available. 5.04 Other Plans: Notwithstanding any provision of the Plan to the contrary, the 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 set forth in Sections 457(b) and 414(v) of the Code. 5.05 Excess Deferrals: Any amount that exceeds the maximum Dollar Limitation or Percentage Limitation (including any applicable Catch-Up Dollar Limitation) for a taxable year, shall constitute an excess deferral for that taxable year. Any excess deferral shall be distributed in accordance with the requirements for excess deferrals under the Code and Section 1.457-4(e) of the Income Tax Regulations. 5 457 Plan and Trust Document Article VI. Trust and Investment of Accounts 6.01 Investment of Deferred Compensation: A Trust is hereby created to hold all the assets of the Plan (except Deemed IRA contributions and earnings thereon held pursuant to Article IX) 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 that agrees to act in that capacity hereunder. 6.02 Investment Powers: The trustee or the Administrator, acting as agent for the trustee, shall have the powers listed in this Section with respect to investment of Trust assets, except to the extent that the investment of Trust assets is directed by Participants, pursuant to Section 6.05. (a) To invest and reinvest the Trust without distinction between principal and income in common or preferred stocks, shares of regulated investment companies and other mutual funds, bonds, loans, notes, debentures, certificates of deposit, contracts with insurance companies including but not limited to insurance, individual or group annuity, deposit administration, guaranteed interest contracts, and deposits at reasonable rates of interest at banking institutions including but not limited to savings accounts and certificates of deposit. Assets of the Trust may be invested in securities that involve a higher degree of risk than investments that have demonstrated their investment performance over an extended period of time. (b) To invest and reinvest all or any part of the assets of the Trust in any common, collective or commingled trust fund that is maintained by a bank or other institution and that is available to Employee plans described under Sections 457 or 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 Plans the declaration of trust of such commonly 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 administration or guaranteed interest contract issued by an insurance company or other financial institution on a commingled or collective basis with the assets of any other 457 plan or trust qualified under Section 401(a) of the Code or any other plan described in Section 401 (a) (24) of the Code, and such contract may be held or issued in the name of the Administrator, or such custodian as the Administrator may appoint, as agent and nominee for the Employer. During the period that an investment through any such contract shall exist, to the extent of participation of the Plan, the terms and conditions of such contract shall constitute a part of the Plan. (d) To hold cash awaiting investment and to keep such portion of the Trust in cash or cash balances, without liability for interest, in such amounts as may from time to time be deemed to be reasonable and necessary to meet obligations under the Plan or otherwise to be in the best interests of the Plan. 6 6.03 457 Plan and Trust Document (e) To hold, to authorize the holding of, and to register any investment to the Trust in the name of the Plan, the Employer, or any nominee or agent of any of the foregoing, including the Administrator, or in bearer form, to deposit or arrange for the deposit of securities in a qualified central depository even though, when so deposited, such securities may be merged and held in bulk in the name of the nominee of such depository with other securities deposited therein by any other person, and to organize corporations or trusts under the laws of any jurisdiction for the purpose of acquiring or holding title to any ptoperty for the Trust, all with or without the addition of words or other action to indicate that property is held in a fiduciary or representative capacity but the books and records of the Plan shall at all times show that all such investments are part of the Trust. (f) Upon such terms as may be deemed advisable by the Employer or the Administrator, as the case may be, for the protection of the interests of the Plan or for the preservation of the value of an investment, to exercise and enforce by suit for legal or equitable remedies or by other action, or to waive any right or claim on behalf of the Plan or any default in any obligation owing to the Plan, to renew, extend the time for payment of, agree to a reduction in the rate of interest on, or agree to any other modification or change in the terms of any obligation owing to the Plan, to settle, compromise, adjust, or submit to arbitration any claim or right in favor of or against the Plans to exercise and enforce any and all rights of foreclosure, bid for property in foreclosure, and take a deed in lieu of foreclosure with or without paying consideration therefor, to commence or defend suits or other legal proceedings whenever any interest of the Plan requires it, and to represent the Plan in all suits or legal proceedings in any court of law or equity or b~fore any body or tribunal. (g) To employ suitable consultants, depositories, agents, and legal counsel on behalf of the Plan. (h) To open and maintain any bank account or accounts in the name of the Plan, the Employer, or any nominee or agent of the foregoing, including the 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. Taxes and Expenses: All taxes of any and all kinds whatsoever that may be levied or assessed under existing 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 the 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 Administrator in performance of its duties hereunder (including but not limited to fees for legal, accounting, investment and custodial services) shall also be paid from the Trust. 7 457 Plan and Trust Document 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 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 Administrator, the Participant may direct his or her Accounts to be invested in one (l) or more investment funds available under the Plan; . provided, however, that the Participant's investment directions shall not vi<;>late any investment restrictions 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 directions 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 investment income and gains or losses shall be allocated proportionately among all Account balances on a fund-by-fund basis. The allocation shall be in the proportion that each such Account balance as of the immediately preceding Accounting Date bears to the total of all such Account balances as of that Accounting Date. For purposes of this Article, all Account balances include the Account balances of all Participants and Beneficiaries. 6.07 Participant Loan Accounts: Participant Loan Accounts shall be invested in accordance with Section 8.03 of the Plan. Such Accounts shall not share in any investment income and gains or losses of the investment 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 investments 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 investment preference specified in the Participant's Joinder Agreement, but nothing herein shall be construed to require the Employer to make any particular investment of a Participant's Deferred Compensation. Each Participant shall receive periodic reports, not less frequently than annually, showing the then current value of his or her Account. 6.09 Post-Severance Transfers Among Eligible Deferred Compensation Plans: (a) Incoming Transfers: A transfer may be accepted from an eligible deferred compensation plan maintained by another employer and credited to a Participant's or Beneficiary's Account under the Plan if: (i) in the case of a transfer for a Participant, the Participant has had a Severance Event with that employer and become an Employee of the Employer; (ii) the other employer's plan provides that such transfer will be made; and (iii) the Participant or Beneficiary whose deferred amounts are being transferred will have an amount immediately after the transfer at least equal to the deferred amount immediately before the transfer. The Employer may require such documentation from the predecessor plan as it deems necessary to effectuate the transfer in accordance 8 6.10 457 Plan and Trust Document with Section 457(e)(10) of the Code, 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 provided for under such plan. The Employer may refuse to accept a transfer in the form of assets other than cash, unless the Employer and the Administrator agree to hold such other assets under the Plan. (b) Outgoing Transfers: An amount may be transferred to an eligible deferred compensation plan maintained by another employer, and charged to a Participant's or Beneficiary's Account under this Plan, if: (i) in the case of a transfer for a Participant, the Participant has a Severance 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; (iii) the Participant or Beneficiary and the employers have signed such agreements as are necessary ro assure that the Employer's liability to pay benefits to the Participant has been discharged and assumed by the other employer; and (iv) the Participant or Beneficiary whose deferred amounts are being transferred will have an amount immediately after the transfer at least equal to the deferred amount immediately before the transfer. 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 provided for under such plan. Such transfers shall be made only under such circumstances as are permitted under Section 457 of the Code and the regulations thereunder. Transfers Among Eligible Deferred Compensation Plans of the Employer: (a) Incoming Transfers. A transfer may be accepted from another eligible deferred compensation plan maintained by the Employer and credited to a Participant's or Beneficiary's Account under the Plan if: (i) the Employer's other plan provides that such transfer will be made; (ii) the Participant or Beneficiary whose deferred amounts are being transferred will have an amount immediately after the transfer at least equal to the deferred amount immediately before the transfer; and (iii) the Participant or Beneficiary whose deferred amounts are being transferred is not eligible for additional annual deferrals in the Plan unless the Participant or Beneficiary is perforrrltng services for the Employer. (b) OUtgoing Transfers. A transfer may be accepted from another eligible deferred compensation plan maintained by the Employer and credited to a Participant's or Beneficiary's Account under the Plan if: (i) the Employer's other plan provides that such transfer will be accepted; (ii) the Participant or Beneficiary whose deferred amounts are being transferred will have an amount immediately after the transfer at least equal to the deferred amount immediately before the transfer; and (iii) the Participant or Beneficiary whose deferred amounts are being transferred is not eligible for additional annual deferrals in the Employer's other eligible deferred compensation plan unless the Participant or Beneficiary is performing services for the Employer. 9 6.11 457 Plan and Trust Document Eligible Rollover Distributions: (a) Incoming Rollovers: An eligible rollover distribution may be accepted from an eligible retirement plan 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 (in one or more separate accounts) 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)(1)(A) of Code. (b) Outgoing Rollovers: Notwithstanding any provision of the Plan to the contrary that would otherwise limit a distributee's election under this Section, a distributee may elect, at the time and in the manner prescribed by the Administrator, to have any portion of an eligible rollover distribution paid directly to an eligible retirement plan specified by the distributee in a direct rollover. (c) Definitions: (1) Eligible Rollover Distribution: An eligible rollover distribution is any distribution of all or any portion of the balance to the credit of the distributee, except that an eligible rollover distribution does not include: any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee and the distributee's designated beneficiary, or for a specified period of ten years or more; any distribution to the extent such distribution is required under Sections 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 retirement plans rolled over into this Plan, the term eligible rollover distribution 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 individual 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) (1)(A) of the Code, that accepts the distributee's eligible rollover distribution. 10 457 Plan and Trust Document (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 employee's spouse or former spouse who is the alternate payee under a qualified domestic relations order, as defined in Section 414(p) of the Code, are distributees with regard to the interest of the spouse or former spouse. (4) Direct Rollover: A direct rollover is a payment by the plan to the eligible retirement plan specified by the distributee. 6.12 Trustee-to-Trustee Transfers to Purchase Permissive Service Credit: Allor a portion of a Participant'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 415(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)(17) of the Code. 6.13 Treatment of Distributions of Amounts Previously Rolled Over From 40 1 (a) and 403(b) Plans and lRAs. 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)(1) of the Code to the extent that such distribution is attributable to an amount transferred to an eligible deferred compensation plan from a qualified retírement plan (as defined in Section 4974(c) of the Code). 6.13 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 investments acquired under this Plan. 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 Automatic 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 to 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. 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 provision, may establish a deadline after which such election to defer the commencement of distribution of benefits shall not be allowed. 11 457 Plan and Trust Document (b) 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 event of a default of the Participant's loan. 7.02 Payment Options: As provided in Sections 7.01,7.04 and 7.05, a Participant may elect to have value of the Participant's Account distributed in accordance with one of the following payment options, provided that such option is consistent with the limitations set forth in Section 7.03. (a) Equal monthly, quarterly, semi-annual or annual payments in an amount chosen by the Participant, 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 continue for a period certain chosen by the Participant. (d) Annual Payments equal to the minimum distributions required under Section 40 1 (a) (9) of the Code, including the incidental death benefit requirements of Section 401(a)(9)(G), over the life expectancy of the Participant or over the life expectancies of the Participant and his or her Beneficiary. (e) Payments equal to payments made by the issuer of a retirement annuity policy acquired by the Employer. (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, provided 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 Administrator. A Participant's selection of a payment option made after December 31, 1995, under Subsections (a), (c), or (g) above 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 provided to the third quarter of the current year. Any increase will be made in periodic payment checks beginning the following January. 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 Participant shall satisfy the incidental death benefit requirements under Section 401(a)(9)(G). 12 7.04 7.05 7.06 457 Plan and Trust Document Post-Retirement Death Benefits: (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 receives notice of the Participant's death. Upon notification of the Participant's death, benefits shall be payable to the Participant's 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) In the event that the Beneficiary dies before the payment of death benefits has commenced or been completed, the remaining 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. . 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 t9 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) In the event that the Beneficiary dies before the payment of death benefits has commenced or been completed, the remaining 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. . Unforeseeable Emergencies: (a) In the event an unforeseeable emergency occurs, a Participant or Beneficiary may apply to the Employer to receive that part of the value of his or her Account that is reasonably needed to satisfY the emergency need. If such an application is approved by the Employer, the Participant or Beneficiary 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 deferral under the Plan, insurance or other reimbursement, or liquidation of other assets to the extent such liquidation would not itself cause severe financial hardship. (b) An unforeseeable emergency shall be deemed to involve only circumstances of severe financial hardship to the Participant or Beneficiary resulting from a sudden unexpected illness, accident, or disability of the Participant, Beneficiary, or of the spouse or dependent (as defined in Section 152(a) of the Code) of the Participant or Beneficiary, loss of the Participant's or Beneficiary's property due to casualty (including the need to rebuild a home following damage to a home not otherwise covered by homeowner's insurance, e.g., as a result of a natural disaster), or other 13 457 Plan and Trust Document similar and extraordinary unforeseeable circumstances arising as a result of events beyond the control of the Participant or Beneficiary. The imminent foreclosure of or eviction from the Participant's or Beneficiary's primary residence may constitute an unforeseeable emergency. In addition, the need to pay for medical expenses, including non-refundable deductibles, as well as for the cost of prescription drug medication may constitute an unforeseeable emergency. The need to pay for the funeral expenses of a spouse or a dependent (as defined in Section 152(a» of the Code may also constitute an unforeseeable emergency. Absent extraordinary circumstances, the need to send a Participant's or Beneficiary's child to college or to purchase a new home shall not be considered unforeseeable 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, 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, provided 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 Section 411(a)(11)(A) of the Code and (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, 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 to Participants in this Plan. If the Employer has elected to make loans available to Participants, a Participant may apply for a loan from the Plan subject to the limitations and other provisions of this Article. However, no loans are available from Deemed lRAs. (b) The Employer shall establish written guidelines governing the granting of loans, provided that such guidelines are approved by the Administrator and are not inconsistent with the provisions of this Article, and that loans are made available 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 8.01 of the Plan shall satisfY the following requirements: (a) Availability. Loans shall be made available to all Participants on a reasonably equivalent basis. 14 457 Plan and Trust Document (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 offset 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. (f) 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 from the Plan and from all other plans of the . Employer that àre either eligible deferred compensation plans described in section 457(b) of the Code or qualified employer plans under Section 72(p)(4) of the Code shall not exceed the lesser of: (1) $50,000, reduced by the excess (if any) of (a) The highest outstanding balance of loans from the Plan during the one (1) year period ending on the day before the date on which the loan is made, over (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. 15 457 Plan and Trust Document (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 (1) 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, over a period that does not exceed five (5) years from the date of the loan; provided, however, that if the proceeds of the loan are applied by the Participant to acquire any dwelling unit that is to be used within a reasonable time (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 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 for up to one (1) year during an authorized leave 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 penalty. (j) Promissory 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. (k) Security. The loan shall be secured by an assignment of the participant's right, tide and interest in and to his or her Account. . (1) 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. (m) Other Terms and Conditions. The Employer shall fix such other terms and conditions of the loan as it deems necessary to comply with legal requirements, to maintain the qualification of the Plan and Trust under Section 457 of the Code, or to prevent the treatment of the loan for tax: purposes as a distribution to the Participant. The Employer, in its discretion for any reason, may also fix other terms and conditions of the loan, including, but not limited to, the provision of grace periods following an event of default, not inconsistent with the provisions of this Article and Section 72(p) of the Code, and any applicable regulations thereunder. 16 457 Plan and Trust Document 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 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 8.01 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 invested in one (1) or more other investment funds, in accordance with Section 6.05 of the Plan, as of the next Accounting Date after payment thereof to the Trust. The amount so invested shall be deducted from the Participant's Loan Account. (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. Deemed lRAs 9.01 General: This Article IX of the Plan reflects section 602 of the Economic Growth and Tax Relief Reconciliation Act of2001 ("EGTRRA"), as amended by the Job Creation and Worker Assistance Act of 2002. This Article is intended as good faith compliance with the requirements of EGTRRA and is to be construed in accordance with EGTRRA and guidance issued thereunder. This Article IX shall supercede the provisions of the Plan to the extent that those provisions are inconsistent with the provisions of this Article Ix. Effective for Plan Years beginning after December 31, 2002, the Employer may elect to allow Employees to make voluntary employee contributions to a separate account or annuity established under the Plan that complies with the requirements of Section 408(q) of the Code and any regulatioI).s promulgated thereunder (a "Deemed IRA"). The Plan shall establish a separate account for the designated Deemed IRA contributions of each Employee and any earnings properly allocable to the contributions, and maintain separate recordkeeping with respect ro each such Deemed IRA. 9.02 Voluntary Employee Contributions: For purposes of this Article, a voluntary employee contribution means any contribution (other than a mandatory contribution within the meaning of Section 411 (c) (2) of the Code) that is made by the Employee and which the 17 457 Plan and Trust Document Employee has designated, at or prior to the time of making the contribution, as a contribution to which this Article applies. 9.03 Deemed IRA Trust Requirements: This Article shall satisfy the trust requirement under Section 408(q) of the Code and the regulations thereto. lRAs established pursuant to this Article shall be held in one or more trusts or custodial accounts (the "Deemed IRA Trusts"), which shall be separate from the Trust established under the Plan to hold. contributions other than Deemed IRA contributions. The Deemed IRA Trusts shall satisfy the applicable requirements of Sections 408 and 408A of the Code, which requirements are set forth in section 9.05 and 9.06, respectively, and shall be established with a trustee or custodian meeting the requirements of Section 408(a)(2) of the Code ("Deemed IRA Trustee"). To the extent that the assets of any Deemed lRAs established pursuant to this Article are held in a Deemed IRA Trust satisfying the requirements of this Section 9.03, such Deemed IRA Trust, and any amendments thereto, is hereby adopted as a trust maintained under this Plan with respect to the assets held therein, and the provisions of such Deemed IRA Trust shall control so long as any assets of any Deemed IRA are held thereunder. 9.04 Reporting Duties: The Deemed IRA Trustee shall be subject to the reporting requirements of Section 408(i) of the Code with respect to all Deemed lRAs that are established and maintained under the Plan. 9.05 Deemed Traditional IRA Requirements: Deemed lRAs established in the form of traditional lRAs shall satisfY the following requirements: (a) Exclusive Benefit. The Deemed IRA account shall be established for the exclusive benefit of an Employee or his or her Beneficiaries. (b) Maximum Annual Contributions. (1) Except in the case of a rollover contribution (as permitted by Sections 402(c), 402(e)(6), 403(a)(4), 403(b)(8), 403(b)(10), 408(d)(3) and 457(e)(16) of the Code), no contributions will be accepted unless they are in cash, and the total of such contributions shall not exceed: $3,000 for any taxable year beginning in 2002 through 2004; $4,000 for any taxable year beginning in 2005 through 2007; and $5,000 for any taxable year beginning in 2008 and years thereafter. After 2008, the limit will be adjusted by the Secretary of the Treasury for cost-of-living increases under Section 219{b) (5)( C) of the Code. Such adjustments will be in multiples of $500. (2) In the case of an Employee who is 50 or older, the annual cash contribution limit is increased by: $500 for any taxable year beginning in 2002 through 2005; and $1,000 for any taxable year beginning in 2006 and years thereafter. (3) No contributions will be accepted under a SIMPLE IRA plan established by any employer pursuant to Section 408(p) of the Code. Also, no transfer or 18 457 Plan and Trust Document rollover of funds attributable to contributions made by a particular employer under its SIMPLE IRA plan will be accepted from a SIMPLE IRA, that is, an IRA used in conjunction with a SIMPLE IRA plan, prior to the expiration of the 2-year period beginning on the date the Employee first participated in that employer's SIMPLE IRA plan. (c) Collectibles. If the Deemed IRA Trust acquires collectibles within the meaning of Section 408(m) of the Code after December 31, 1981, Deemed IRA Trust assets will be treated as a distribution in an amount equal to the cost of such collectibles. (d) Life Insurance Contracts. No part of the Deemed IRA Trust funds will be invested in life insurance c'ontracts. (e) Minimum Required Distributions. (1) Notwithstanding any provision of this Deemed IRA to the contrary, the distribution of the Employee's interest in the account shall be made in accordance with the requirements of Section 408(a)(6) of the Code and the regulations thereunder, the provisions of which are herein incorporated by reference. If distributions are made from an annuity contract purchased from an insurance company, distributions thereunder must satisfy the requirements of Q&A-4 of section 1.401 (a)(9)-6T of the Temporary Income Tax Regulations, rather than paragraphs (2), (3) and (4) below and section 9.05(f). The required minimum distributions calculated for this IRA may be withdrawn from another IRA of the Employee in accordance with Q&A-9 of section 1.408-8 of the Income Tax Regulations. (2) The entire value of the account of the Employee for whose benefit the account is maintained will commence to be distributed no later than the first day of April following the calendar year in which such Employee attains age 70-1/2 (the "required beginning date") over the life of such Employee or the lives of such Employee and his or her Beneficiary. (3) The amount to be distributed each year, beginning with the calendar year in which the Employee attains age 70-1/2 and continuing through the year of death, shall not be less than the quotient obtained by dividing the value of the IRA (as determined under section 9.05(f)(3)) as of the end of the preceding year by the distribution period in the Uniform Lifetime Table in Q&A-2 of section 1.401(a)(9)-9 of the Income Tax Regulations, using the Employee's age as of his or her birthday in the year. However, if the Employee's sole Beneficiary is his or her surviving spouse and such spouse is more than 10 years younger than the Employee, then the distribution period is determined under the Joint and Last Survivor Table in Q&A-3 of section 1.401 (a)(9)-9 of the Income Tax Regulations, using the ages as of the Employee's and spouse's birthdays in the year. (4) The required minimum distribution for the year the Employee attains age 70-112 can be made as late as April 1 of the following year. 19 457 Plan and Trust Document The required minimum distribution for any other year must be made by the end of such year. (f) Distribution Upón Death. (1) Death On or After Required Beginning Date. If the Employee dies on or after the required beginning date, the remaining portion of his or her interest will be distributed at least as rapidly as follows: (A) If the Beneficiary is someone other than the Employee's surviving spouse, the remaining interest will be distributed over the remaining life expectancy of the Beneficiary, with such life expectancy determined using the Beneficiary's age as of his or her birthday in the year following the year of the Employee's death, or over the period described in paragraph (1) (C) below iHonger. (B) If the Employee's sole Beneficiary is the Employee's surviving spouse, the remaining interest will be distributed over such spouse's life or over the period described in paragraph (1)(C) below iflonger. Any interest remaining after such spouse's death will be distributed over such spouse's remaining life expectancy determined using the spouse's age as of his or her birthday in the year of the spouse's death, or, if the distributions are being made over the period described in paragraph (1) (C) below, over such period. (C) If there is no Beneficiary, or if applicable by operation of paragraph (1)(A) or (1)(B) above, the remaining interest will be distributed over the Employee's remaining life expectancy determined in the year of the Employee's death. (D) The amount to be distributed each year under paragraph (1)(A), (B) or (C), beginning with the calendar year following the calendar year of the Employee's death, is the quotient obtained by dividing the value of the IRA as of the end of the preceding year by the remaining life expectancy specified in such paragraph. Life expectancy is determined using the Single Life T àble in Q&A-l of section 1.401 (a)(9)-9 of the Income Single Life Tax Regulations. If distributions are being made to a surviving spouse as the sole Beneficiary, such spouse's remaining life expectancy for a year is the number in the Single Life Table corresponding to such spouse's age in the year. In all . other cases, remaining life expectancy for a year is the number in the Single Life Table corresponding to the Beneficiary's or Employee's age in the year specified in paragraph (1)(A), (B) or (C) and reduced by 1 for each subsequent year. (2) Death Before Required Beginning Date. If the Employee dies before the required beginning date, his or her entire interest will be distributed at least as rapidly as follows: 20 457 Plan and Trust Document (A) Ifthe Beneficiary is someone other than the Employee's surviving spouse, the entire interest will be distributed, starting by the end of the calendar year following the calendar year of the Employee's death, over the remaining life expectancy of the Beneficiary, with such life expectancy determined using the age of the Beneficiary as of his or her birthday in the year following the year of the Employee's death, or, if elected, in accordance with paragraph (2)(C) below. (B) If the Employee's sole Beneficiary is the Employee's surviving spouse, the entire interest will be distributed, starting by the end of the calendar year following the calendar year of the Employee's death (or by the end of the calendar year in which the Employee would have attained age 70-1/2, i£later), over such spouse's life, or, if elected, in accordance with paragraph (2)(C) below. If the surviving spouse dies before distribUtions are required to begin, the remaining interest will be distributed, starting by the end of the calendar year following the calendar year of the spouse's death, over the spouse's Beneficiary's remaining life expectancy determined using such Beneficiary's age as of his or her birthday in the year following the death of the spouse, or, if elected, will be distributed in accordance with paragraph (2)(C) below. If the surviving spouse dies after distributions are required to begin, any remaining interest will be distribUted over the spouse's remaining life expectancy determined using the spouse's age as of his or her birthday in the year of the spouse's death. (C) If there is no Beneficiary, or if applicable by operation of paragraph (2)(A) or (2)(B) above, the entire interest will be distributed by the end of the calendar year containing the fifth anniversary of the Beneficiary's death (or of the spouse's death in the case of the surviving spouse's death before distributions are required to begin under paragraph (2)(B) above). (0) The amount to be distributed each year under paragraph (2)(A) or (B) is the quotient obtained by dividing the value of the IRA as of the end of the preceding year by the remaining life expectancy specified in such paragraph. Life expectancy is determined using the Single Life Table in Q &A-1 of section 1.401 (a) (9)-9 of the Income Tax Regulations. If distributions are being made to a surviving spouse as the sole Beneficiary, such spouse's remaining life expectancy for a year is the number in the Single Life Table corresponding to the Beneficiary's age in the year specified in paragraph (2)(A) or (B) and reduced by 1 for each subsequent year. (E) The "value" of the IRA includes the amount of any outstanding rollover, transfer and recharacterization under Q&As- 7 and -8 of section 1.408-8 of the Income Tax Regulations. 21 457 Plan and Trust Document (F) If the sole Beneficiary is the Employee's surviving spouse, the spouse may elect to treat the IRA as his or her own IRA. This election will be deemed to have been made if such surviving spouse makes a contribution to the IRA or fails to take required distributions as a Beneficiary. (g) Nonforfeitable. The interest of an Employee in the balance in his or her Deemed IRA account is nonforfeitable at all times. (h) Reporting. The Deemed IRA Trustee of a Deemed Traditional IRA shall furnish annual calendar-year reports concerning the status of the Deemed IRA account and such information concerning required minimum distributions as is prescribed by the Commissioner of Internal Revenue. (i) Substitution of Deemed IRA Trustee. If the Deemed IRA Trustee is a non- bank trustee or custodian, the non-bank trustee or custodian shall substitute another trustee or custodian if the non-bank trustee or custodian receives notice from the Commissioner ofInternal Revenue that such substitution is required because it has failed to comply with the requirements of section 1.408-l(e) of the Income Tax Regulations. 9.06 Deemed Roth IRA Requirements: Deemed lRAs established in the form of Roth lRAs shall satisfy the following requirements: (a) Exclusive Benefit. The Deemed Roth IRA shall be established for the exclusive benefit of àn Employee or his or her Beneficiaries. (b) Maximum Annual Contributions. (1) Maximum Permissible Amount. Except in the case of a qualified rollover contribution or a recharacterization (as defined in (6) below), no contribution will be accepted unless it is in cash and the total of such contributions to all the Employee's Roth lRAs for a taxable year does not exceed the applicable amount (as defined in (2) below), or the Employee's compensation (as defined in (8) below), ifless, for that taxable year. The contribution described in the previous sentence that may not exceed the lesser of the applicable amount or the Employee's compensation is referred to as a "regular contribution." A "qualified rollover contribution" is a rollover contribution that meets the requirements of section 408(d)(3) of the Code, except the one-rollover-per-year rule of section 408(d)(3)(B) does not apply if the rollover contribution is from an IRA other than a Roth IRA (a "nonRoth IRA"). Contributions may be limited under (3) through (5) below. 22 Filing Status Single or Head of Household Joint Return or Qualifying Widower Married- Separate Return 457 Plan and Trust Document (2) Applicable Amount. The applicable amount is determined under (A) or (B) below: (A) If the Employee is under age 50, the applicable amount IS -- $3,000 for any taxable year beginning in 2002 through 2004, $4,000 for any taxable year beginning in 2005 through 2007 and $5,000 for any taxable year beginning in 2008 and years thereafter. (B) If the Employee is 50 or older, the applicable amount is -- $3,500 for any taxable year beginning in 2002 through 2004, $4,500 for any taxable year beginning in 2005, $5,000 for any taxable year beginning in 2006 through 2007 and $6,000 for any taxable year beginning in 2008 and years thereafter. Mter 2008, the limits in paragraph (2)(A) and (B) above will be adjusted by the Secretary of the Treasury for cost-of-living increases under Section 219(b)(5)(C) of the Code. Such adjustments will be in multiples of $500. (3) Regular ContribUtion Limit. If (A) and/or (B) below apply, the maximum regular contribution that can be made to all the Employee's Roth lRAs for a taxable year is the smaller amount determined under (A) or (B). (A) The maximum regular contribution is phased out ratably between certain levels of modified adjusted gross income ("modified AGI," defined in (7) below) in accordance with the following table: Full Contribution Phase-out No Range Contribution Modified AGI Between $95,000 $110,000 and $110,000 or more Between $150,000 $160,000 and $160,000 or more Between $0 $10,000 and $10,000 or more $95,000 or less $150,000 or less $0 If the Employee's modified AGI for a taxable year is in the phase- out range, the maximum regular contribution determined under this table for that taxable year is rounded up to the next multiple of $1 0 and is not reduced below $200. 23 457 Plan and Trust Document (B) If the Employee makes regular contributions to both Roth and nonRoth IRAs for a taxable year, the maximum regular contribution that can be made to all the Employee's Roth lRAs for that taxable year is reduced by the regular contributions made to the Employee's nonRoth lRAs for the taxable year. (4) Qualified Rollover Contribution Limit. A rollover from a nonRoth IRA cannot be made to this IRA if, for the year the amount is distributed from the nonRoth IRA; (i) the Employee is married and files a separate return, (ii) the Employee is not married and has modified ACI in excess of $100,000 or (iii) the Employee is married and together the Employee and the Employee's spouse have modifiedACI in excess of$100,000. For purposes of the preceding sentence, a husband and wife are not treated as married for a taxable year if they have lived apart at all times during that taxable year and file separate returns for the taxable year. (5) SIMPLE IRA Limits. No contributions will be accepted under a SIMPLE IRA plan established by any employer pursuant to Section 408(p) of the Code. Also, no transfer or rollover of funds attributable to contributions made by a particular employer under its SIMPLE IRA plan will be accepted from a SIMPLE IRA, that is, an IRA used in conjunction with a SIMPLE IRA plan, prior to the expiration of the 2-year period beginning on the date the Employee first participated in that employer's SIMPLE IRA plan. (6) Recharacterization. A regular contribution to a nonRoth IRA may be recharacterized pursuant to the rules in sectiòn 1.408A-5 of the Income Tax Regulations as a regular contribution to this IRA, subject to the limits in (3) above. (7) Modified ACI. For purposes of (3) and (4) above, an Employee's modified ACI for a taxable year is defined in Section 408A(c)(3)(C)(i) of the Code and does not include any amount included in adjusted gross income as a result of a rollover from a nonRoth IRA (a "conversion "). (8) Compensation. For purposes of (1) above, compensation is defined as wages, salaries, professional fees, or other amounts derived from or received for personal services actually rendered (including, but not limited to commissions paid salesmen, compensation for services on the basis of a percentage of profits, commissions on insurance premiums, tips, and bonuses) and includes earned income, as defined in Section 401 (c)(2) of the Code (reduced by the deduction the self-employed individual takes for contributions made to a self-employed retirement plan). For purposes of this definition, Section 401 (c)(2) of the Code shall be applied as if the term trade or business for purposes of section 1402 included service described in subsection (c)(6). Compensation does not include amounts derived from or received as earnings or profits from property (including but not limited to interest and dividends) or amounts not includible in gross income. Compensation also does not include any amount received as a pension or annuity or as deferred compensation. The term "compensation" shall 24 457 Plan and Trust Document include any amount includible in the Employee's gross income under Section 71 of the Code with respect to a divorce or separation instrument described in subparagraph (A) of Section 71(b)(2) of the Code. In the case of a married Employee filing a joint return, the greater compensation of his or her spouse is treated as his or her own compensation, but only to the extent that such spouse's compensation is not being used for purposes of the spouse making a contribution to a Roth IRA or a deductible contribution to a nonRoth IRA. (c) Collectibles. If the Deemed IRA Trust acquires collectibles within the meaning of Section 408(m) of the Code after December 31, 1981, Deemed IRA Trust assets will be treated as a distribution in an amount equal to the cost of such collectibles. (d) Life Insurance Contracts. No part of the Deemed IRA Trust funds will be invested in life insurance contracts. (e) Distributions Before Death. No amount is required to be distributed prior to the death of the Employee for whose benefit the account was originally established. (f) Minimum Required Distributions. (1) Notwithstanding any provision of this IRA to the contrary, the distribution of the Employee's interest in the account shall be made in accordance with the requirements of Section 408(a)(6) of the Code, as modified by section 408A(c)(5), and the regulations thereunder, the provisions of which are herein incorporated by reference. If distributions are made from an annuity contract purchased from an insurance company, distributions thereunder must satisfY the requirements of section 1.401 (a)(9)- 6T of the Temporary Income Tax Regulations (taking into account Section 408A(c)(5) of the Code), rather than the distribution rules in paragraphs (2), (3) and (4) below. (2) Upon the death of the Employee, his or her entire interest will be distributed at least as rapidly as follows: (A) If the Beneficiary is someone other than the Employee's surviving spouse, the entire interest will be distributed, starting by the end of the calendar year following the calendar year of the Employee's death, over the remaining life expectancy of the Beneficiary, with such life expectancy determined using the age of the beneficiary as of his or her birthday in the year following the year of the Employee's death, or, if elected, in accordance with paragraph (2)(C) below. (B) If the Employee's sole Beneficiary is the Employee's surviving spouse, the entire interest will be distributed, starting by the end of the calendar year following the calendar year of the Employee's death (or by the end of the calendar year in which the Employee would have attained age 70-1/2, iflater), over such spouse's life, or, if elected, in accordance with paragraph (2)(C) 25 457 Plan and Trust Document below. If the surviving spouse dies before distributions are required to begin, the remaining interest will be distributed, starting by the end of the calendar year following the calendar year of the spouse's death, over the spouse's Beneficiary's remaining life expectancy determined using such Beneficiary's age as of his or her birthday in the year following the death of the spouse, or, if elected, will be distributed in accordance with paragraph (2)(C) below. If the surviving spouse dies after distributions are required to begin, any remaining interest will be distributed over the spouse's remaining life expectancy determined using the spouse's age as of his or her birthday in the year of the spouse's death. (C) If there is no Beneficiary, or if applicable by operation of paragraph (2)(A) or (2)(B) above, the entire interest will be distributed by the end of the calendar year containing the fifth anniversary of the Employee's death (or of the spouse's death in the case of the surviving spouse's death before distributions are required to begin under paragraph (2)(B) above). (D) The amount to be distributed each year under paragraph (2)(A) or (B) is the quotient obtained by dividing the value of the IRA as of the end of the preceding year by the remaining life expectancy specified in such paragraph. Life expectancy is determined using the Single Life Table in Q&A-I of section 1.401 (a)(9)-9 of the Income Tax Regulations. If distributions are being made to a surviving spouse as the sole Beneficiary, such spouse's remaining life expectancy for a year is the number in the Single Life Table corresponding to such spouse's age in the year. In all other cases, remaining life expectancy for a year is the number in the Single Life Table corresponding to the Beneficiary's age in the year specified in paragraph (2)(A) or (B) and reduced by 1 for each subsequent year. (3) The "value" of the IRA includes the amount of any outstanding rollover, transfer and recharacterization under Q&As-7 and -8 of section 1.408-8 of the Income Tax Regulations. (4) If the sole Beneficiary is the Employee's surviving spouse, the spouse may elect to treat the IRA as his or her own IRA. This election will be deemed to have been made if such surviving spouse makes a contribution to the IRA or fails to take required distributions as a Beneficiary. (g) Nonforfeitable. The interest of an Employee in the balance in his or her account is nonforfeitable at all times. (h) Reporting. The Deemed IRA Trustee of a Deemed Roth IRA shall furnish annual calendar-year reports concerning the status of the Deemed IRA account and such information concerning required minimum distributions as is prescribed by the Commissioner of Internal Revenue. 26 457 Plan and Trust Document (i) Substitution of Deemed IRA Trustee. If the Deemed IRA Trustee is a non-bank trustee or custodian, the non-bank trustee or custodian shall substitute another trustee or custodian if the non-bank trustee or custodian receives notice £Tom the Commissioner of Internal Revenue that such substitution is required because it has failed to comply with the requirements of section 1.408-2(e) of the Income Tax Regulations. Article X. Non-Assignability 10.01 General: Except as provided in Article VIII and Section 10.02, no Participant or Beneficiary shall have any right to commute, sell, assign, pledge, transfer or otherwise convey or encumber the right to receive any payments hereunder, which payments and rights are expressly declared to be non-assignable and non-transferable. 10.02 Domestic Relations Orders: (a) Allowance of Transfers: To the extent required under a final judgment, decree, or order (including 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 state domestic relations law, and (iii) is permitted under Sections 414(p)(11) and (12) of the Code, 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 (an "Alternate Payee"). Where necessary to carry out the terms of such an order, a separate Account shall be established with respect to the Alternate Payee who shall be entitled to make investment selections with respect thereto in the same manner as the Participant. Any amount so set aside for an Alternate Payee shall be paid in accordance with the form and timing of payment specified in the order. Nothing in this Section shall be construed to authorize any amount to be distributed under the Plan at a time or in a form that is not permitted under Section 457(b) of the Code and is explicitly permitted under the uniform procedures described in Section lO.2(d) below. Any payment made to a person pursuant to this Section shall be reduced by any required income tax withholding. (b) Release ftom Liability to Participant: The Employer's liability to pay benefits to a Participant shall be reduced to the extent that amounts have been paid or set aside for payment to an Alternate Payee to paragraph (a) of this Section and the Participant and his or her Beneficiaries shall be deemed to have released the Employer and the Plan Administrator from any claim with respect to such amounts. (c) Participation in Legal Proceedings: The Employer and Administrator shall not be obligated to defend against or set aside any judgement, decree, or order described in paragraph (a) or any legal order relating to 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 Administrator to incur such expense, the amount of the expense may be charged against the Participant's Account and thereby reduce the Employer's obligation to pay benefits to the Participant. In the course of any 27 457 Plan and Trust Document proceeding relating to divorce, separation, or child support, the Employer and Administrator shall be authorized to disclose information relating to the Participant's Account to the Alternate Payee (including the legal representatives of the Alternate Payee), or to a court. (d) Determination of Validity of Domestic Relations Orders: The Administrator shall establish uniform procedures for determining the validity of any domestic relations order. The Administrator's determinations under such procedures shall be conclusive and binding on all parties and shall be afforded the maximum amount of deference permitted by law. Article XI. Relationship to other Plans and Employment Agreements This Plan serves in addition to any other retirement, pension, or benefit plan or 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. Nothing contained in this Plan shall be deemed to constitute an employment contract or agreement between any Participant and the Employer or to give any Participant the right to be retained in the employ of the Employer. Nor shall anything herein be construed to modifY the terms of any employment contract or agreement between a Participant and the Employer. Article XII. 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 Administrator shall not be required in order for such amendment to become effective, but the Administrator shall be under no obligation to continue acting as Administrator hereunder if it disapproves of such amendment. The Administrator may at any time propose an amendment to the Plan by an instrument in writing transmitted 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 hereunder. The Employer may at any time terminate this Plan. In the event of termination, assets of the Plan shall be distributed to Participants and Beneficiaries as soon as administratively practicable following termination of the Plan. Alternatively, assets of the Plan may be transferred to an eligible deferred compensation plan maintained by another eligible governmental employer within the same State if (i) all assets held by the Plan (other than Deemed lRAs) are transferred; (ii) the receiving plan provides for the receipt of transfers; (iii) the Participants and Beneficiaries whose deferred amounts are being transferred will have an amount immediately after the transfer at least equal to the deferred amount immediately before the transfer; and (iv) the Participants or Beneficiaries whose deferred amounts are being transferred is not eligible for additional annual deferrals in the Plan unless the Participants or Beneficiaries are performing services for the employer maintaining the receiving plan. 28 457 Plan and Trust Document 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 tèrmination. Article XIII. 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 wherever 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 Section 414(u) of the Code. Article XN. 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. 29 457 Plan and Trust Document THIS PAGE INTENTIONALLY LEFT BLANK 30 457 Plan and Trust Document DECLARATION OF TRUST This Declaration of Trust (the "Group Trust Agreement") is made as of the 19th day of May, 2001, by VantageTrust Company, which declares itself to be the sole Trustee of the trust hereby created. WHEREAS, the ICMA Retirement Trust was created as a vehicle for the commingling of the assets of governmental plans and governmental units described in Section 818(a)( 6) of the Internal Revenue Code of 1986, as amended, pursuant to a Declaration of Trust dated October 4, 1982, as subsequently amended, a copy of which is attached hereto and incorporated by reference as set out below (the "ICMA Declaration"); and WHEREAS, the trust created hereunder (the "Group Trust") is intended to meet the requirements of Revenue Ruling 81-100, 1981-1 c.B. 326, and is established as a common trust fund within the meaning of Section 391: 1 of 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 through the ICMA Retir-ement Trust. NOW, THEREFORE, the Group Trust is created by the execution of this Declaration of Trust by the Trustee and is established with respect to each Deferred Compensation and Qualified Plan by the transfer to the Trustee of such Plan's assets in the ICMA Retirement Trust, by the Trustees thereof, in accord with the following provisions: 1. Incorporation ofICMA Declaration by Reference; ICMA By-Laws. Except as otherwise provided in this Group. Trust Agreement, and to the extent not inconsistent herewith, all provisions of the ICMA Declaration are incorporated herein by reference and made a part hereof, to be read by substituting the Group Trust for the Retirement Trust and the Trustee for the Board of Trustees referenced therein. In this respect, unless the context clearly indicates otherwise, all capitalized terms u~ed 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-vis any Deferred Compensation Plan, Qualified Plan, Public Employer, Public Employer Trustee, or Employer Trust shall be deemed satisfied to the extent that such obligation is undertaken by 31 457 Plan and Trust Document (b) 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 ofTr.ustees 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, investment in the Group Trust is limited to assets of Deferred Compensation and Qualified Plans, investing through the ICMA Retirement Trust. (b) Pursuant to the By-Laws, the Group Trust is adopted as a part of each Qualified Plan that invests herein through the ICMA Retirement Trust. (c) In accord with the By-Laws, that part of the Group Trust's corpus or income which equitably belongs to any Deferred Compensation and Qualified Plan may not be used for or diverted to any purposes other than for the exclusive benefit of the Plan's employees or their beneficiaries who are entitled to benefits under such Plan. (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 initiate an action or proceeding in the appropriate state or federal courts within or outside the state of New Hampshire for the. settlement of its accounts or for the determination of any question of construction which may arise or for instructions. 32 457 Plan and Trust Document IN WITNESS WHEREOF, the Trustee has executed this Declaration of Trust as of the day and year first above written. V ANT AGETRUST COMPANY (1..f) 1<Æ~ By: Name: Paul F. Gallagher Title: Assistant Secretary 33 MEETING DATE: February 17,2004 ITEM# L (¿-) CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Proposed Voice Stream (T-Mobile) Site Lease Agreement- Panther Lake CATEGORY: BUDGET IMP ACT: X CONSENT 0 RESOLUTION 0 CITY COUNCIL BUSINESS 0 ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ATTACHMENTS: A copy ofthe Staff Report for the Finance, Economic Development and Regional Affairs Committee meeting 1/27/04, and a copy of the Site Lease Agreement. ....................................................... ............................ SUMMARY/BACKGROUND: The City entered into a lease agreement with VoiceStrearn PCS III Corporation (T-Mobile) on December 8, 1998 for installation and operation of certain equipment for use in connection with its wireless communications service. The lease expired December 7,2003, causing the rental rate to increase from $900.00 to $1,665.00 a month. The proposed Site Lease Agreement would permit VoiceStream to maintain its current equipment at the site consisting of nine (9) 3.5 foot panel antennas (3 per sector), connection cable and one (1) equipment cabinet measuring 20 square feet and 4.5 feet tall. ........................................ CITY COUNCIL COMMITTEE RECOMMENDATION: Approve the Agreement and authorize the City Manager to execute the Lease. .......................................... ............................................. PROPOSED MOTION: "I move approval ofthe Finance, Economic Development and Regional Affairs Committee recommendation and authorization for the City Manager to execute the Lease." CITY MANAGER APPROVAL: lW"" ...............................""....... (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 K:\agenditem\T-Mobile Site Lease Agmt- Panther Lake CITY OF FEDERAL WAY MEMORANDUM Date: To: January 27,2004 Finance, Economic Development and Regional Affairs Committee Subject: David H. ose . Manager Pat Richardson, . ty Attorney; ~ Proposed Voicestream (T-Mobile) Site Lease Agreement- Panther Lake Via: From: Voicestream's lease at the Panther Lake - BPA Trail site expired on December 7,2003. Voicestream desires to continue to lease space for the installation and operation of certain equipment for use in connection with its wireless communications service more specifically identified as personal communications service ("PCS"). The lapse in the lease offered an opportunity to bring the rental rate into compliance with the current City rate of $1 ,665 .00 per month from the previous $900.00 per month. All other terms of the lease remain the same. The basic terms of the proposed lease are as follows: 1. Equipment. The lease would permit Voicestream to maintain its current equipment at the site consisting of nine (9) 3.5 foot panel antennas (3 per sector), connection cables and one (1) equipment cabinet measuring 20 square feet and 4.5 feet tall. 2. Consideration. Voicestream will pay the City rental fees in the amount of $1 ,665.00 per month beginning December, 2003. Voicestream will relocate its facilities at the City's request, at Voicestream's cost, and will restore the premises to the same condition as existed prior to lease, at Voicestream's cost. 3. Insurance. Voicestream will maintain comprehensive general liability and automobile liability insurance of $1 Million combined single limit per occurrence and $3 Million in the annual aggregate. 4. Term. The term of the proposed lease is five (5) years with three (3) renewal options of five (5) years each upon written notice to the City. Committee Recommendation: Staff requests that the proposed lease be forwarded to the full City Council, for placement on the February 17,2004 City Council agenda, with a "do pass" recommendation. APPROVAL BY COMMITTEE: ~ -- ~ Jeanne Bnrbitl e' " K:\wireless\V oicestream- TMobile\fedrac Ë/ SITE LEASE AGREEMENT DRAFT d/fo(ð t THIS LEASE is entered into this 1st day of December, 2003, by and between the CITY OF FEDERAL WAY, WASHINGTON, a municipal corporation (hereinafter "City") and VOICESTREAM PCS III CORPORATION, a Delaware corporation, with its principal office located at 19807 North Creek Parkway North, Bothell, W A 98011 (hereinafter "Tenant"). City is the owner in fee simple of a parcel of land located in the City legally described on the attached Exhibit A (the "Premises"). Tenant desires to lease space on and air-space above the Premises as described below for the installation and operation of certain equipment which include requisite antennas, connecting cables and one (1) equipment cabinet to be used by Tenant and appurtenances (collectively, "Equipment") for use in connection with its operation of telephony wireless communications service more specifically identified as personal communications service ("PCS"). In consideration of their mutual covenants, the parties agree as follows: 1. Leased Premises. City leases to Tenant and Tenant leases from City, on a non- exclusive basis, a portion of the Premises as legally described in attached Exhibit A, together with necessary space and rights for access and utilities, described and depicted in attached Exhibit B. Tenant may locate its Equipment on the Premises in the manner as described specifically in the attached Exhibit C. Tenant may not add Equipment in addition to that shown on Exhibit C other than as may be approved in writing by the City, which approval may be withheld pursuant only to lawful authority in the City's sole and absolute discretion and nothin~ shall constitute a waiver of Tenant's rights under applicable law. ì\ ~ uf!,¿. g' I 2003 fl< 1A 2. Tenn. This Lease shall be five (5) years and shall commence on .the d£1k vf D:) Of ~ecytien by tho Gity.(the "Commencement Date") and shall end at 12:00 a.m. (midnight) on the fifth (5th) anniversary of the Commencement Date. This Lease may be renewed for three (3) additional five (5) year terms upon giving written notice to the City no more than six (6) months before and no later than three (3) months before the end of the current five (5) year term. The City may refuse to renew (i) in the event of breach of the Lease during the preceding term, or (ii) if the fair market rental, as determined by an independent appraiser jointly selected and paid for by the City and Tenant, is 20% more than what would otherwise be due by the Tenant hereunder; provided that the City gives 60 days notice to Tenant and MAl real estate appraisal methods are followed. Any such refusal shall be in writing and shall be sent to Tenant at least sixty (60) days prior to expiration of the then current five (5) year term. 3. Rent. During the first five (5) year term Tenant shall pay to the City rental fees in the amount of $1 ,665.00 per month, due on the 5th day of each month (in addition to the deposit of $1,665.00 from Tenant to City to ensure performance but not as a limitation of Tenant's liability herein). The deposit shall be held by the City without liability for interest. Rent shall be increased in each subsequent term by an amount equal to the average increase in CPI over the immediately preceding five (5) year term, but in no event more than fifteen percent (15%). -1- Tenant specifically waives any right to bring an action that the rent obligation herein is contrary to the provisions of any local, state or federal law, provided that if the rent obligation is determined to be contrary to local, state or federal law through legal actions brought by others then Tenant shall have the right as Tenant's sole remedy to immediately terminate this Lease without penalty or other liability at its sole discretion. If this Lease is terminated at any time other than on the last day of the month, rent shall be prorated as of the date of termination and, in the event of termination for any reason other than nonpayment of rent, all prepaid rents shall be refunded to Tenant, less any expenses or damage incurred by the City as a result of the termination. Tenant shall pay the City a late payment charge equal to five percent (5%) of the amount due for any payment not paid when due. Any amounts not paid when due shall bear interest until paid at the lesser of the rate of two percent (2%) per month or the highest rate permitted by law. 4. Permitted Use of Premises. a. Tenant shall use that portion of the Premises leased herein for the installation, operation and maintenance of its Equipment to provide PCS and no other service. The Equipment and Premises may not be used for cable, data, Internet or other telecommunications services. b. Tenant shall, at its expense, comply with all applicable federal, state and local laws, ordinances, rules and regulations (including laws and ordinances relating to zoning, aesthetics, landscaping, fencing, permits, removal and abandonment, screening, health, radio frequency emissions, other radiation and safety) in connection with the provision of PCS service and the use, operation, maintenance, construction and/or installation of Equipment and/or the Premises provided, however, that Tenant shall not be required to comply where its rights have previously vested by operation of law. Tenant shall obtain all required governmental approvals, authorizations, licenses and permits at Tenant's expense. City agrees to reasonably cooperate with Tenant in obtaining, at Tenant's expense including reimbursements of City's reasonable attorney, administrative and other related fees, any licenses and permits required by Tenant's use of the Premises. c. Tenant shall remove the Equipment from the Premises upon termination of the Lease. Upon removal of the Equipment, Tenant shall restore the affected area of the Premises to the reasonable satisfaction of the City. All costs and expenses for the removal and restoration to be performed by Tenant shall be borne by Tenant. If, however, Tenant requests permission not to remove all or a portion of the improvements and City consents to such nonremoval, title to the affected improvements shall thereupon transfer to City and the same thereafter shall be the sole and entire property of City, and Tenant shall be relieved of its duty to otherwise remove same. 5. Improvements. Tenant may update or replace the equipment from time to time provided that the replacement facilities are not greater in number or size or different in type, color or shape or height than the existing facilities and that any change in their location on the Premises is approved in writing by City which approval shall not be unreasonably withheld and which shall be pursuant to lawful authority. Subject to the foregoing, Tenant may change the -2- Equipment configuration specified in attached Exhibit C or add facilities with the prior written approval of City. Tenant shall submit to City a written request for any such change or addition and any supplemental materials as may be requested, for City's evaluation and approval. City shall have thirty (30) days after receipt of all requested materials in which to respond to such request and unless City so notifies Tenant to the contrary such approval shall be deemed granted. No lights or signs may be installed on the premises or as part of the Equipment. 6. Premises Access. Tenant shall have reasonable access to the Premises 24-hours- a-day, 7 days-a-week. City retains and reserves the right to access the Premises at all times. 7. Utilities. Tenant shall have the right to install needed utilities and, at its expense, separately meter charges for the consumption of electricity and other utilities associated with its use of the Premises and shall timely pay all costs associated therewith. 8. Maintenance. Tenant shall, at its own expense, maintain the Premises and Equipment on or attached to the Premises in a safe condition and in good repair. Additionally, Tenant shall keep the Premises free of debris caused by Tenant and anything of a dangerous, noxious or offensive nature or which would create a hazard or undue vibration, heat, noise or any interference with City services caused by Tenant. Tenant shall have sole responsibility for the maintenance, repair and security of its Equipment and leasehold improvements and shall keep the same in good repair and condition during the Lease term. Upon termination of this Lease, Tenant shall return the Premises to the same condition as prior to this lease, normal wear and tear excepted. 9. Compliance with Laws. Tenant's use of the Premises is subject to its obtaining all certificates, permits, zoning and other approvals that may be required by ~ny federal, state or local authority or from any other necessary person or entity. Tenant shall erect, maintain and operate its Equipment in accordance with applicable site standards, statues, ordinances, rules and regulations issued by the Federal Communications Commission, the City, federal or state government or any other governing bodies; provided, however, that Tenant shall not be required to comply where its rights have previously vested by operation of law. Tenant specifically waives any right to bring an action that any aspect of this Lease is contrary to any local, state or federal law (including by way of illustration and not limitation the Telecommunications Act of 1996), provided that if the Lease is determined to be contrary to local, state or federal law through legal actions brought by others then Tenant shall have the right, as Tenant's sole remedy, to immediately terminate this Lease without penalty or other liability at its sole discretion). In addition, Tenant specifically acknowledges that all or a portion of the Premises is right-of-way subject to City's regulatory authority. Nothing herein shall be deemed to limit, impair or affect City's authority to franchise or otherwise permit usage of rights-of-way pursuant to its regulatory authority. 10. Interference. Tenant shall not use the Premises in any way which unreasonably interferes with the use of the Premises by City, or lessees, tenants or licensees of City, with rights to the Premises prior in time to Tenant's. City shall have the right to permit co-location of other telecommunications facilities on the Premises, to franchise or to permit usage of rights of way, provided such co-location, franchising or permitting does not otherwise violate any applicable -3- law or unreasonably interfere with Tenant's transmission and signals use in connection with its operation of telephony wireless communication service more specifically identified as personal communications service ("PSC"). In the event that any other tenant's activities interfere with Tenant's use of the Facilities, and Tenant cannot work this interference out with the other tenants, Tenant may, upon 30 days notice to City, terminate this Lease and restore the leased premises to its original condition, reasonable wear and tear accepted. In such event, Tenant shall be entitled to a pro rata refund of all pre-paid rent. Tenant shall cooperate with all other users to identify the causes of and work towards the resolution of any electronic interference problem. In addition, Tenant agrees to eliminate any radio or television interference caused to City facilities or surrounding residences by Tenant's facilities at Tenant's own expense and without imposition of extra filters on City equipment. Tenant further agrees to accept such interference as may be received from City operated equipment. 11. Termination. Except as otherwise provided herein, this Lease may be terminated without penalty to City or further liability of City as follows: a. Upon thirty (30) days written notice by either party for failure to cure a default or breach, including nonpayment of amounts due under this Lease, within that thirty (30) day period; or such longer period as may be required to diligently complete a cure commenced within the thirty (30) day period; or b. Upon ninety (90) days written notice by Tenant that the premises or are become unusable under Tenant's design or engineering specifications for its Equipment or the communications system to which the Equipment belongs. c. Upon thirty (30) days written notice by City if Tenant abandons or vacates or ceases using the Premises or Equipment or if Tenant is adjudicated as bankrupt or makes any general assignment for the benefit of its creditors or if Tenant becomes insolvent. d. Upon ten (10) days notice written notice by City if there is an immediate threat to public health, safety or welfare. In the event of termination, Tenant shall pay City all monies due as rent and/or penalty, including attorney and collection fees and any other damages incurred by City as a result of such termination but limited solely to the Lease termination and excluding unrelated consequential or incidental damages, e.g. an unrelated emergency. No re-entry and taking of possession of the Premises by City shall be construed as an election on City's part to terminate this Lease, regardless of the extent of renovations and alterations by City, unless a written notice of such intention is given to Tenant by City. -4- 12. Indemnity and Insurance. a. Disclaimer of Liability. City shall not, at any time, be liable for injury or damage occurring to any person or property arising out of Tenant's construction, installation, maintenance, repair, use, operation, condition or dismantling of the Premises or Tenant's Equipment; nor shall Tenant be liable, at any time, for any like injury or damage arising from the City's ownership, acts or omissions related to the Premises; provided, further, that neither City nor Tenant shall be liable for claims arising from the other's sole, proportionate concurrent negligence, breach of contract or intentional acts or omissions of their officers, boards, commissions, employees, agents, attorneys and contractors. Tenant releases and waives any and all claims against the City, its officers, agents, employees or contractors for damage to or. destruction of Tenant's Equipment caused by or arising out of activities conducted by the City, its officers, agents, employees and contractors, in the public ways and upon City-owned property subject to this Lease, except to the extent any such damage or destruction is caused by or arises from the sole negligence, proportionate concurrent negligence, breach of this Lease or any willful or malicious action on the part of the City, its officers, agents, employees or contractors. Tenant further agrees to indemnity, hold harmless and defend the City against any claims for damages, including, but not limited to, business interruption damages and lost profits, brought by or under users of Tenant's facilities as the result of any interruption of service due to damage or destruction of Tenant's facilities caused by or arising out of activities conducted by the City, its officers, agents, employees or contractors, except to the extent any such damage or destruction is caused by or arises from the sole negligence, proportionate concurrent negligence, breach of this Lease or any willful or malicious action on the part of the City, its officers, agents, employees or contractors. The provisions of this Section shall survive the expiration, revocation, or termination of this Lease. b. Indemnification and Hold Harmless. Tenant and City shall, at their sole cost and expense, indemnify and hold harmless one another and their officers, boards, commissions, employees, agents, attorneys, successors, assigns and contractors from and against any and all liability, damages and claims (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be asserted by reason of any act or omission of each, its employees, agents or contractors or which may be in any way connected with the other's intentional acts, omissions or breaches of contract. The provisions of this Section shall survive the expiration, revocation, or termination of this Lease. c. Insurance. During the term of this Lease, Tenant shall maintain in full force and effect and at its sole cost and expense, and naming City, its officers, boards, commission, employees and agents as additional insureds, the following types and limits of msurance: -5- i. Comprehensive commercial general liability insurance with minimum limits of One Million Dollars ($1,000,000) per occurrence and Three Million Dollars ($3,000,000) in the annual aggregate. ii. Comprehensive automobile liability insurance with combined single minimum limits of One Million Dollars ($1,000,000) per occurrence and Three Million Dollars ($3,000,000) in the annual aggregate. Ill. Worker's compensation insurance and such other insurance as may be required by law. d. Evidence of Insurance. Certificates of insurance for each insurance policy required by this Lease, along with written evidence of payment of required premiums, shall be filed and maintained with City prior to commencement of the term of this Lease and thereafter. e. Cancellation of policies of Insurance. All insurance policies maintained pursuant to this Lease shall contain the following or substantially similar endorsement: "At least thirty (30) days prior written notice shall be given to City by the insurer of any intention not to renew such policy or to cancel, replace or reduce coverage regarding the Premises, such notice to be given by registered mai1." f. Deductibles. All insurance policies may be written with commercially reasonable deductibles. g. License. All insurance policies shall be with insurers licensed to do business in the State of Washington and with a rating according to Am Best of A-IV or better, unless waived by the City. 13. Holding Over. Any holding over after the expiration of the term hereof, with the consent of the City, shall be construed to be a tenancy from month to month and shall otherwise be on the terms, covenants and conditions herein specified. 14. Acceptance of Premises. Tenant accepts the Premises in the condition existing as of the Commencement Date. City makes no representation or warranty with respect to the condition of the Premises. 15. Notices. All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: If to City, to: City Attorney 33530 1st Way South PO Box 9718 Federal Way, WA 98063 -6- With a copy to: City Manager 33530 1st Way South PO Box 9718 Federal Way, WA 98063 If to Tenant, to: Leasing Administrator T-Mobile USA, Inc. 19807 North Creek Parkway North, Suite 101 Bellevue, W A 98011 16. Subleasing or Assignment. Tenant may not assign this Lease or sublet the Premises or Equipment, in whole or in part, without the prior written consent of City, which may not be unreasonably withheld. City may inquire into the qualifications and financial stability of a potential assignee or sublessee and reasonably request any information related to such inquiry and may also condition such approval upon the financial and technical expertise of a proposed assignee or sublessee and upon the resolution of any compliance obligation under the Lease. If the City has not responded to a request to assign or sublet with a decision within forty-five (45) days, City approval shall be deemed given. Tenant may, however, upon notice to City and without City approval, mortgage or grant a security interest in this Lease and the Equipment. 17. Successors and Assigns. Subject to Section 16, this Lease shall be binding upon and inure to the benefit of the parties, and their respective permitted successors and assigns. 18. Non-Waiver. Failure of City to insist on strict performance of any of the conditions, covenants, terms or provisions of this Lease or to exercise any of its rights hereunder shall not waive such rights, but City shall have the right to enforce such rights at any time and take such action as might be lawful or authorized, either in law or equity; provided that the City may not seek enforcement for performance more than six (6) months after the City receives notice of a failure to perform~ The receipt of any sum paid by Tenant to City after a breach of this Lease shall not be deemed a waiver of such breach unless expressly set forth in writing by the City within 10 days after receipt. 19. Taxes. Tenant shall pay all personal property taxes (or payments in lieu of taxes) and assessments for the Premises, if any, which become due and payable during the term of this Lease attributable to the Equipment or Tenant's use of the premises. 20. Lease Subiect to Future Ordinances. Tenant acknowledges that the City may develop rules, regulations, ordinances and specifications for the use of the Public Right-of-Way and City property which shall govern Tenant's Equipment and activities hereunder as if they were in effect at the time this Lease was executed by the CitY1 and Tenant covenants and agrees to be bound by same; provided, however, that Tenant shall not be bound where its rights have previously vested by operation of law. 21. Quiet Enioyment, Title and Authority. Tenant acknowledges that its rights are further subject to the Bonneville Power Authority ("BP A") transmission line easements recorded under King County Recording Numbers. 5151931 and 3252563. In the event such easements -7- expire or terminate, so will Tenant's rights under this Lease without any liability on the part of the City. City represents to Tenant subject to BPA's easements that: a. City has authority to execute this Lease; b. City has title to the. Premises free and clear of any liens or mortgages, except for the BP A transmission easements, and those, matters, liens and/or mortgages which are of record, disclosed and/or otherwise apparent to Tenant; c. There is legal ingress and egress to the Premises from a Public Right-of- Way; and d. Execution and performance of this Lease will not violate any laws or agreements binding on City. 22. Condemnation. In the event the Premises are taken in whole or in part by any entity by eminent domain, this Lease shall terminate as of the date title to the Premises vests in the condemning authority. Tenant shall not be entitled to any portion of the award paid and the City shall receive the full amount of such award. Tenant hereby expressly waives any right or claim to any portion thereof. Tenant shall have the right to claim and recover from the condemning authority, other than the City, such compensation as may be separately awarded or recoverable by Tenant. 23. Alteration, Damage or Destruction. If the Premises or any portion thereof is altered, destroyed or damaged so as to materially hinder effective use of the Equipment through no fault or negligence of Tenant, Tenant may elect to terminate this Lease upon thirty (30) days written notice to City, as Tenant's sole remedy. In such event, Tenant shall promptly remove the Equipment from the Premises and shall restore the Premises to the same condition as existed prior to this Lease, normal wear and tear excepted. This Lease (and Tenant's obligation to pay rent) shall terminate upon Tenant's fulfillment of the obligations set forth in the preceding sentence and its other obligations hereunder, at which termination Tenant shall be entitled to the reimbursement of any Rent prepaid by Tenant. City shall have no obligation to repair any damage to any portion of the Premises. 24. Dangerous Conditions: Authority for City to Abate. Whenever construction, installation, or excavation of telecommunications facilities authorized by this Lease has caused or contributed to a condition that appears to substantially impair the lateral support of the adjoining public way, street or public place, or endangers the public, street utilities, or City- owned property, the Public Work Director may direct Tenant, at Tenant's own expense, to take reasonable action to protect the public, adjacent public places, City-owned property, streets, utilities, and public ways. Such action may include compliance with a prescribed time. In the event that Tenant fails or refuses to promptly take the actions directed by the City, or fails to fully comply with such directions, or if emergency conditions exist which require immediate action, the City may enter upon the Leased Premises and take such actions as are reasonably necessary to protect the public, the adjacent streets, public ways, and utilities, to -8- maintain the lateral support thereof, or actions regarded as necessary safety precautions; and Tenant shall be liable to the City for the costs thereof. The provisions of this Section shall survive the expiration, revocation, or tennination by other means ofthis Lease. 25. Relocation of Facilities. Within thirty (30) days following written notice from the City, Tenant shall, at its own expense, temporarily remove, relocate, change or alter the position of its telecommunications facilities upon the Premises whenever the Public Works Director or his or her designee shall have detennined that such removal, relocation, change or alteration is reasonably necessary for construction, repair, maintenance or installation of any City or other improvement in or upon the subject property or for the operations of the City or other governmental entity in or upon the Premises. In the event that a suitable alternative location for Tenant's telecommunications facilities cannot be located upon the Premises, Tenant shall have the right to tenninate this Lease upon 30 days written notice to the City, and shall be entitled to a pro rata refund of all pre-paid rent. The provisions of this Section shall survive the expiration, revocation, or tennination by other means of this Lease. 26. Miscellaneous a. City and Tenant respectively represent that their signatory is duly authorized and has full right, power and authority to execute this Lease. b. With the exception of the applicable laws, ordinances, rules and regulation, this Lease constitutes the entire agreement and understanding of the parties and supersedes all offers, negotiations and other agreements of any kind. Except as previously set forth, there are no representations or understandings of any kind not set forth herein. Any modification of or amendment to this Lease must be in writing and executed by both parties. c. This Lease shall be construed in accordance with the laws of the State of Washington. d. Section captions and headings are intended solely to facilitate the reading thereof. Such captions and headings shall not affect the meaning or interpretation of the text herein. e. If the methods of taxation in effect at the Commencement Date of the Lease are altered so that in lieu of or as a substitute for or in addition to any portion of the property taxes and special assessments, if any, now imposed on Equipment, there is imposed a tax upon or against the rentals payable by Tenant to City, Tenant shall also pay those amounts. f. Tenant shall be responsible for obtaining all necessary approvals, authorizations and agreements from any party or entity and it is acknowledged and agreed that the City is making no representation, warranty or covenant whether any of the foregoing approvals, authorizations or agreements are required or have been obtained by Tenant from any person or entity. -9- g. If any term of this Lease is found to be void or invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect. This Lease was executed as of the date first set forth above. V 0 ¡'ee. S~CUh1 CITY OF FEDERAL WAY WJ;STERN PCS III CO By: By: 5Zef Its: Title: K:\TELECOM\site lease agrmt Panther Lake 11.25.03 -10- ) 1/ r ) ss. COUNTY OF f\.- l hj ).. ~ ~ I certify that I know or have satisfactory evidence that I U11~ !? lAA is the person who appeared before me, and said person acknowledged that e/. signed this instrument, on oath stated that he/~ was authorized to execute the instrument and acknowledged it as the k+<i-~/""" Vf Wf.'i. ft.,/II It.c?~ /fJ7\.... of Voice Stream PCS III Corporation to be the free ,nd voln::::" of ';'h Z;o u "od P""'o", moot'ooed m tho ""!rumoot. ..........: I ~ -.. C ~ -~~ """,,:<{, C:"~~~~~" ~~ta NPubliC h~/~' ~ ~ t, / .t.~'i"",'QN EXÞ~~.. ~\ ~;~o=ssion expires n / ~- /~ ':;f~ " .. ,"";,! .:~ ù (J "'\ Þ. R Y ú' -'."'" :. .. ""'.CJ'~ . :~: -.- ~z: 7: ú>\ PUB\..'\' /f?: -, /-0 '.. !:)"'.' ø " ',-Ý)-."~¡¡'( 25,'1:~... ~ ," " I:O...'..'.c..Y-" " " F Wp..~ ,,' "".....,,- STA TE OF WASHINGTON (Use this space for notary stamp/seal) EXHIBIT A Legal Description The property is legally described as follows: THOSE PORTION OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 21 NORTH RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON AND THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 21 NORTH, RANGE 4 EST, W.M., IN KING COUNTY, WASHINGTON, LYING WITHIN A STRIP OF LAND 262.50 FEET WIDE, THE SOUTHEASTERLY LINE OF WHICH IS THE NORTHWESTERLY LINE OF WEST CAMPUS OFFICE PARK DIV. 1, ACCORDING TO THE PLAT RECORDED IN VOLUME 97 OF PLATS, PAGES 55-58, IN KING COUNTY, WASHINGTON AND THE PROLONGATIONS THEREOF. EXCEPT THEREFROM THAT PORTION LYING WITHIN 1 ST WAY SOUTH, 100 FEET WIDE AS CONVEYED TO KING COUNTY UNDER AUDITOR'S FILE NO. 7306070524 AND 7402270419, ALSO EXCEPT THEREFROM THAT PORTION CONVEYED TO KING COUNTY WATER DISTRICT NO. 124, BY DEED RECORDED UNDER RECORDING NO. 7412180380, AS PARCEL A, (WELL SITE #IC), RECORDS OF KING COUNTY, WASHINGTON. A-I EXHIIHT ß Site Location Within the Premises /' --- PROPER1'/' LINE N 89" 42' 45- W ./ ./ / / / / / / / / / ./ / ./ ./ ./ REFER TO SHEET 0-2 FOR ENlARGED SITE PlAN ./ V~~ ~ r.;,q.../ d? <?~./ / \ 4- \~þ ~ / J' /' / / '\ ./ ..f:':VP./ V-i',:P"" . / <p-f-q.../ / é<{.1-<f}/ / ~p / c§./ / / ././ /// ) //////~, / " ~NNAS MOUNTED ./ ~_[E] 127' POWER ./. ~. LATTICE TOWER (TYP. ."5 S7/CTORS) V~~ . q..~ R«) R-° ./' <? ./ / / / / / / / / ~ ~ 1! yO% ~~~ '\ / ./'~ './ 7 ./ // / ~: / // >( / // / " '\ / '\ ./ / / / ./ / / / / ./ " ./ / ~ "'" C;, '\ ~ B-1 "'" <;) /~ "> ">- lj. '\ EXHIBIT C Site Plan (Including Location of EquIpment Box/Shed) j/v¿:' / \)~\, .¡.:.'f ~sf',p /' ~ cl-~' ~<¡'v'¡'\, / c."'~ J.>. '0. ~/ ~ <0 ?, 1>~ -- C-l /1- ç'j MEETING DATE: February I 7, 2004 ITEM# CITY OF FEDERAL WAY City Council AGENDA BILL SlJBJECT: Armstrong and Thompson Properties: Approval of Preliminary Design CATEGORY: BUDGET IMPACT: ~ CONSENT 0 In~SOLlJTION D CITY COlJNCIL BUSINESS 0 ORDINANCE 0 I>UBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ATTACHM.~NTS: Committce Action Form dated January 14,2004; Armstrong and Thompson Properties: Approval of Prcliminary Design SUMMARYIBACKGnOUND: Included in the 2003/2004 biennium budget was funding to conduct masterplan and design processes in 2003 for the Thompson ($50K) and Armstrong properties ($50K). The budget also identified a capital budget pf $325K for the Thompson property and $325K for the Armstrong property. In 2003, input was gathered on how thc community would like to use the properties, and a consultant was hired to devclop alternative site plans and cost estimates. CITY COUNCIL COMMITTEE RECOMMENDATION: Motion to recommend to a "do pass" to accept the preliminary designs for thc Armstrong and Thompson park projects and to authorize these projects to move into the design development phase, and to place before Council on the February 17,2004 agenda for approval. PROPOSED MOTION: "l move approval of thc Armstrong and Thompson Properties: Approval of Preliminary Design as prescnted." ~l ''~ ~ =~:c:;;;~::;~~ =;::=~ . ... .. ~'¡r. - ------ ~~~~ . ~=~~~c-, ~~~,~~c c,..~~~,~=,~~="'- ----- .~-_._--------'-- --_..~ ---~._.._- --~-'-------- (BELOW TO BE COMPLE1ED BY CITY CLE'RKS OFFICh.] COlJNCIL ACTION: 0 AI>}>ROVED 0 DENŒD 0 TABLE])/DEFI~RRE])/NO ACTION 0 MOVED TO SECOND RI~AD}NG (ordinances only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # ,,~--_. ----' REVISED - 05/10/2001 City of Federal Way PARKS, RECREATION AND CULTURAL SERVICES MEMORANDUM Date: January 14, 2004 PRHSPS Council To: Via: Subject: David Me, 1 anager B Sanders, Pa Planning & Development Coordinator ~ Armstrong and Thompson Properties: Approval of Master Plan From: Background: Included in the 2003/2004 biennium budget was funding to conduct master plan and design processes in 2003 for the Thompson ($50K) and Armstrong properties ($50K). The budget also identified a capital budget of $325K for the Thompson property and $325K for the Armstrong Property. In 2003, input was gathered on how the community would like to use the properties, and a consultant was hired to develop alternative site plans and cost estimates. Armstrong Property - The site is 20 acres in size, and about 5 acres of this is in Pierce County. We are proposing to design and construct facilities in the King County portion only. Pierce County intends to purchase the remaining acreage from the City when they are able to extend their trail system to this point. Several acres of the site also consist of wetland and wetland buffer, which limits substantially the area that can be developed. The community's feedback included a very strong interest in developing a play area for neighborhood children and for having a trail that would provide a walking experience through the natural area. The community was concerned about the plantings that had been installed several years ago that were not maintained and had subsequently died. The cost estimate for the entire development as based on the master plan exceeded our available budget for 2003/04. Therefore, the project has been divided into two phases to meet budget constraints. Total cost of the preferred site plan for Phase 1 is estimated at $324,027. This cost has been achieved by reducing the length of the trail, eliminating crushed rock trails that tie into the existing informal trail system, and by reducing the amount of landscape plantings and irrigation. It is envisioned that these items would be added in a later phase, or included as bid alternates, in case of a favorable bid climate. Parks and Recreation Commission Recommendation: 1. Parks Commission recommended the City Council accept the preliminary design. 2. To proceed to design development, preparing the complete, optimum site development at this time. 3. To construct the project in two phases. Phase one would have a shorter paved trail, no crushed rock trail, and scaled back plantings. Some of these items may be added as bid alternates, in case we receive better than expected construction bids. Phase two would include completion of the paved trail, construction of the soft-surface trail components, and expanded areas for play meadows and vegetative restoration. Thompson Property - The site is 2.8 acres in size and is heavily wooded. A branch of the Hylebos Creek runs along the east side of the property, just outside the property boundaries. The community's feed back included strong interest in a children's play area, a basketball court, and a paved surface for walking, skating and skateboarding. The total cost of the preferred site plan is estimated at $329,658. Two bid alternates for site furnishings would bring the cost estimate to $349,765. Parks and Recreation Commission Recommendation: 1. Parks Commission recommended the City Council accept the preliminary design. 2. To proceed with design development, based on the preliminary design, with the exception of moving the grind rail away from the playground area. 3. To construct the project in one phase. Some items such as the site furnishings may be added as bid alternates, in case we receive better than expected construction bids. Staff Recommendation: Staff recommends that Council accept the preliminary designs for the Armstrong and Thompson projects as recommended by the Parks Commission and give authorization to proceed into the design development phase. Committee Recommendation: Motion to recommend a "do pass" to accept the preliminary designs for the Armstrong and Thompson park projects and to authorize these projects to move into the design development phase. --1 " X-'---- :,' /,.,'~ i t1, ,iIOO, ,':' H" I~I I I, --+,' Jill I I ' '... - ,')! !~-+< i ¡ I, ",.",,;I'b'f~ I ,'"",,,,',",',",',',,!",-'"',, '".,,',', ",I I '_",','{:,- "~I, i-<" ,,', I I ' "",~,I,,'[ "-6,, i I ~),,"-I ":,",'~ }'4",,~I,"'."'" PA~,AC,CE' P,"K'NC. I ' ,!:,,! 1:'>'\'/1 nJ 5-ANDA"" 5TAe,5 '" 'I",,>:'!;'" (I)IADA VAN 5"" /T I -"-", .;,.c-,ji,';;)' " , I C' °1~"B<'1 /"~G~~/~2-:<,~~i;~:/)£. '" i ,', '/ 'OU""N" II ¿ -.-:,1>, I J~'/<' i;:~-"<p-T, l'#)\ '/,-,",'/,1",.,_",','.,."",',"'",',5",.',",1-' ~ ",' k" Ð,:,,>' 7/á~r;;e j){;;\ ---- - - ----- , -- ---- --un- , I I I I \ I I I --, - - ----------_u_-- --------------------- ------ ----------- OPCN "'<AS" MEA""'" -------- --- i - PARKING AREA ............... .' ,.' ,.' 4Q' 1- 1-- )\ I -, WETLAND CROSSING ----;:=--, -- --- ,0,' . 0 ¡ 10 '. I. h I " i ' . , I ::li;/' 0 r ~! ~ . I, ,.' ,I ~.' f¡ ,~ "', to, I ,- .' r . I ! " , ~,-- ¡ -Ii '\ . .¡ '. '." , ' !. ;~. !..II Iii !, II~. I' ,:~'.~ :! .,oid I; I.e~elld -- r-":"-, l---j n,.... ..... PA""". "",n, .............. ""'"."'.nAOO ....... .P'. G'A.. .'A'" ........... , ......... u... ,oo.. NOT OICLWE """"",COONTtP"""', ......... ""'" .......-. cr~~-7'-- -~--------- :, -----ZSEBACK CIS') "lnl BUc"E~ I ' P_A""G AlO"G "ROPCR-Y _INC "'A UTOUTY ""'"""... u... -.......... ..... . ~~------- .------- --~--- .EW ......,.. ..... - .......... ..... PLAY AREA ...sn.. .......... , .......... ..... ----- City of Federal Way Parks, Recreation & Cultural Services BP A Trail Phase IV and Park DESIGN CONCEPT ~ tOTY 0' ..'~ Federal Way ~...~ ----------..------ ------- :\2~~:~,~~:::"',,;;-=:::':~~~.\;~;; ::.~:;~ J ----------~--- AUGUST 18th 2003 ~ Storm ~ 'I Water Pond I , - -r- "" !: :: ! .. I CJ I .' '" 1.3 .' f/ ~ ~ , I I I, // ,i':"'~':':""'i~~~~~~;~~~ Coñcrete CurilãñcïSideWaiii" - , Š 333r " . Biolilter Storm Drainage through Natural -----J Vegetation Prior to Entering West Hylebos Creek CONCEPT A PARK ELEMENTS -8' Wide Loop Asphalt Palh (appro" 1200 i.f,) Wolkin~1 {unnin~ Roller Blading ßiqclin~ -Pia)' Area -Structured Pia) Mound -(I) HalfCou" BaskClball Court -Mitigating Vie" Screening of House Cedar Trres plan"'d to-20ft on «nC,'r -Embankmenl at Park fronlage ,'emoved to open ,ie"s into park. (tre,'s .ff«""d b) ~r.ding n'moH'd) - Curb and Sidewalk New Deciduous Trees Existing Significant Evergreen Trees New 8' Wide Asphalt Trail New Evergreen Trees Existing Deciduous Trees City of Federal Way Parks, Recreation & Cultural Services Thompson Property Park DESIGN DEVELOPMENT PLAN ~ Fëderal Way .....~, .'1~'>' 4J',? November 18th 2003 ":',i,¡¡' \":J \SSO( "" '" """".. MEETING DATE: February 17,2004 ITEM~(~ CITY OF FEDERAL WAY City Council AGENDA BILL SlJHJECT: Kenneth Jones Pool Fees and Charges CATEGORY: BUDGET IMPACT: ~ CONSENT 0 RESOLUTION 0 CITY COUNCIL BUSINESS 0 ORDINANCE 0 ]>UBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ A TTACHMENTS: Committee Action Form dated February 2, 2004; Kenneth Jones Pool Fees and Charges SUMMARY/UACKGROUND: The PRHSPS reviewed the last three years of history of programs, rentals, fees and attendance for the Kenneth Jones Pool facility at thc October 13,2003 Committee meeting. Staff reported the overall attendance has been decreased while the fees have been increased at the pool facility. Prior to the transfer of the facihty from King County, the fecs wcre increased as much as 50-75%. Fees and charges of Kenneth Jones Pool were found to be higher in many cases than other facilities in the area. After reviewing the information, the Council Committee directed staff to continue reviewing attendance and budget information and return to Council Committee with a proposed revised fee schedule. The attached attendance and budget information have been updated to include the most current 2003 information through December 3],2003. CITY COUNCIL COMMITTEE RECOMMENDATION: Motion to recommend to Council a "do pass" to authorize the revised fce schedule, effective March l' 2004 and place this item before City Council for approval on Fcbruary 17, 2004. I>ROI>OSED MOTION: "I move approval of the Kenneth Jones Pool Fees and Charges as presented." CITY MANAGER AI>I>ROV AL: ------------ - -----~- --~-~---------- -------------- - -----~-- --- ---------- (BE,'LOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 AI>I)ROVED 0 DENIED 0 TAULED/DRFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 S1' reading Enactment reading ORDINANCE # RESOLUTION # ~------------- . REVISED - 05/10/2001 CITY OF FEDERAL WAY PARKS, RECREATION AND CULTURAL SERVICES MEMORANDUM Date: To: From: Via: Subject: February 2, 2004 PRHSPS Council Committee Mary Faber ecre tion and Cultural Services Superintendent David Mòselqy, . y anager Kenneth Jon Pool Fees and Charges Back2round: The PRHSPS reviewed the last three years of history of programs, rentals, fees and attendance for the Kenneth Jones Pool facility at the October 13,2003 Committee meeting. Staff reported the overall attendance has been decreased while the fees have been increased at the pool facility. Prior to the transfer of the facjlity from King County, the fees were increased as much as 50-75%. Comparison of fees and charges from other pool facilities was also included in the packet. Fees and charges of Kenneth Jones Pool were found to be higher in many cases than other facilities in the area. After reviewing the information, the Council Committee directed staff to continue reviewing attendance and budget information and return to Council Committee with a proposed revised fee schedule. The attached attendance and budget information have been updated to include the most current 2003 information through December 3l, 2003. On January 8, 2004 staff presented a proposed revised fee schedule to approve. Programs recommended for a reduced fee schedule are lessons, drop-ins, passes and rentals. (Attachment 1 identifies the fu11 recommendation). After thorough review, the Parks Commission approved to recommend the revised fee schedule to City Council. Attached is the fo11owing information: . Attachment 1: Proposed Fees Schedule for lessons, drop-in, passes and rentals. Attachment 2: Year to date financials for Kenneth Jones Pool including the first six months of the year under King County management, the second six months of the year under City management and the combined totals. Attachment 3: Attendance record of lessons and drop-in swims and passes. Attachment 4: Aquatic facility fee comparisons for lessons and proposed fee reductions. Attachment 5: Aquatic facility fee comparisons for drop-in swimming and passes and proposed fee reductions. Attachment 6: Aquatic facility fee comparisons for pool rentals and proposed fee reductions. . . . . . 1 Committee Recommendation: Motion to recommend to Council a "do pass" to authorize the revised fee schedule, effective March 1, 2004 and place this item before City Council for approval on February 17,2004. i:1 counci linfo/2004/KJPrevi sedfees2.2. 04 2 Group Prices 10classes 30 min. Preschool Youth Adult Parent Tot Class Size Preschool Youth Adult Parent Tot Private Lessons Semi Private Swim Lessons Current Fee Schedule $65.00 $55.00 $55.00 $45.00 5 8 8 12 $2250 $36.00 Attachment 1 Proposed Fees Schedule Proposed Fee Schedule Lap Swim Adult Senior Youth I S55.00 I Y1&2 S55 r--Y3-7 . S45 ! $45.00 I No Change Public Swim Aduit Senior Youth Discount Swim ; No Change Y 1&2 5 l' Y3-7. 8 No Change i No Change Family Swim Adult Senior Youth Water Exercise Adult S22.00 $32.00 Senior Senior Swim PASSES 3 month Aduit Youth Senior Family 1 Year Adult Youth Senior Family Drop In and Passes Current Fee Schedule $4.50 $300 $4.50 $3.00 $3.00 $3.00 $1.00 $3.00 $3.00 $3.00 $6.00 $450 $3.00 $135.00 $82.50 $82.50 $250.00 $350.00 $25000 $200.00 $600.00 Proposed Fee Schedule .S4.00 No Change S4.00 -. No Change No Change - No Change No Change No Change No Change No Change S5.00 S4.00 No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change Rentals Current Fee I Proposed Fee School District Schedule Schedule By Lane $8.00 ! No Change Entire Pool $46.00 No Change USS Clubs By Lane $800 i No Change Entire Pool $70.00 I S50.00 ! Comercial Rentals : Entire Pool $70.00 ' No Change I I Private Parties ! 1 - 25 People $87.00 S75.00 26 - 60 People $120.00 i S100.00 61 .90 People $150.00 I 5125.00 91-120People $187.5O ! $145.00 120.150 $225.00 5165.00 i New Programs Haff Pool Rental I 1 - 25 People S50.00 . 26 - 60 People S6.5.00 Big Toy i S50.00 Room Rental I S2Ð.00 KJP/Fees and Charges/Proposed Fees 2-2-04 Attachment 2 Year to Date Financials King County Interim City of Federal Way Year-to-Date King County & Kenneth Jones Pool Annual Operations Operations Actual City of Federal Way Per City's Financials Budget Jan-Jun 2003 YTD December * Thru 12/31/03 Opera:irg qeven~e 3~4.COC Course Revenue 35.762 G3.669 99.43~ Ren:a! ~even:.Je 20:58 <:.575 2<:.733 :J~c:J-I:1 Sw'".. I 24.84G 37.867 62,707 \1isccl:aneous (vending & sales) 800 800 - -rans~er-:n from L.:t'lity Tax 300.0:JC 148.986 ~ ¿8.986 Total Operating Rev & Other Sources . $ 614,000 $ 80,760 S 255,896 $ 336,656 Sa'aries & Benûf'ts 142,9:J2 "40.378 283,280 Sl.::Jplics 5,6¿4 17,084 22,728 Othe" Services & C;..,arges 53,653 ~~2.328 165.98< 'n~e"goverr~en:al 421 421 'n:e~und etlarges 15,OOG ~ 5,OCO Total Operating Expenditures S 614,000 S 202,199 S 285,211 $ 487,410 Rev Overl(Under) Exp . - (121,439) (29,315) (150,754) * Preliminary actuals. KJP/BudgetIYTD Financials 2-2-04 Attachment 3 Lessons, Drop In, and Passes Record 2001, 2002, and 2003 2001 Quarterly Attendance Winter/Spring Summer 27 22 1035 866 362 272 41 16 8 45 Adult Lessons Youth Lessons Pre School Lessons Parent Toddler Lessons Private/Semi Private Lessons S~$Sná:I;tAt~tM( Fall 13 451 196 17 0 2002 Quarterly Attendance Adult Lessons Youth Lessons Pre School Lessons Parent Toddler Lessons PrivateISemi Private Lessons $ij~~ßÔ~lji9'~f~~........... ................................... WinterlSpring 23 1030 341 45 25 Summer 17 624 218 42 12 Fall 12 231 175 19 0 2003 Quarterly Attendance WinterlSpring Summer 8 8 607 464 205 197 20 28 2 9 Adult Lessons Youth Lessons Pre School Lessons Parent Toddler Lessons Private/Semi Private Lessons $ø~6\i.¡jiiW~ti::::;r:::;:):::{ ;;;. Fall 20 246 89 6 2 Total Swim Lesson Record Program 2001 2002 *2003 Adult Lessons 62 52 36 Youth Lessons 2352 1885 1317 Pre School Lessons 830 734 491 Parent Toddler Lessons 74 106 54 Private/Semi Private Lessons 53 37 13 mq.~¡Q~$$9hShrgl!m~ôt~~~ :)3374 :::i;;;2&M~:. u .......... u'. .....nar u .... . . . . :::{;;;;;:;;;) Drop In Swim and Pass Record Item ".."..~:.~.~ '.c"', ,. 2001 2002 2003 Senior Lap Swim 541 559 992= 770ft. .....- .....n.. AdultIYouth Lap Swim 2315 3316 2395: -28% Total Lap Swim 2856 3875 3387' -13% Public Swim 14880 17916 10816~ -40% Family Swim 1373 1162 1314: 13% ....-. . *3 Month Pass 22 22 63. 186% *Annual Pass 31 18 15: -17% Exercise Punch Card Adult 52 60 21 ~ -65% Exercise Punch Card Sr. 214 302 216¡ -28% Drop In Exercise Adult 351 437 80 -82% Drop In Exercise SR 162 301 82¡ -73% -------.- . Annual Passes were not available October 2002- June 21 2003, Patrons purchased 3 months pass instead. KJP/Fees and Charges/Lessons Drop In Passes 2-2-04 - ------.. Nall1~ ot Facility Õ<;"m,,"" ';;.;;t':. ;;",,' ¡ I I ! '-I-aci~-¿;;'\i C' ""':"'.,! "';1 ¡ Pn'p()s~d Mana~l(!mcllt ! 2004 Pri(;~s Group Pricc!> i 10c "-"". :.':-..: :=- :=--~:-- ! ===. .'" _h, o' ,0:.; -- i 555.00 ~:~;: C,} IV 1&2 55 -'--' ¡ Y 3-7 545 ¡ 545.00 , ! No Change "',.. . .-- ,-.::. "" --' Class Size .OO!,--,_..,-,- "'-"-"" -. ~.-' .. - ;',-....-: -, .: , ---; :." .~- .- <..,õ: ~_. -.' - - .- S,,'" :-', :" i No Change Y 1 &2 5 I ¡ Y 3-7 8 No Change . No Change 522.00 $32.00 .Within a 10 mile radius of Kenneth Jones Pool Attachment 4 Local Aquatic Facility Fee Comparison and Proposed Swim Lesson Fees King County >Kent Pool I Fife Pool I Tukwlla Pool I Center at Norpoint Aquatics Center >Auburn Pool >Mount Rainier Average Prices King County Parks Aquatic Management/ City OF Fife / City of Tukwila I Metro Parks Group $54.90 $52.40 Non ResidentIResident Non ResidentfResldent $85.00 $42.50/$37.50 $45.00/$40.00 I $56.25 $85.00 $42.50/$37.50 $45.00/$40.00 I $56.25 $68.00 $58.00 5 6 5 8 4 4 6 6 $,5 6 5 6 5 6 5 6 8 8 12 4 6 6 6 KJP/Fees and Charges/Regional Fees and Proposed Changes 2-2-04 Attachment 5 Local Aquatic Facility Fee Comparison and Proposed Fees Drop In and Passes -- -, -- - ., "'",.", ,,:: ',,-,I:'J' ¡ "'-"",.,h ~"",.. u"" King County Aquatics >Kent Pool Center >Auburn P"..I >Mount r<. '..,,- Fife Pool Tukwila Pool Center at Nornninf i - '-----¡-:;:-';¡;;--'---ç::;C' ."','" ,'\'. 'j + -Prn:>n~cd 2Ca~ M"rl"~I"n:""~ ! Pncps I Average Price King County Parks AqUati",~;~:;~~"""'n' ¡ Uli ::: ¡ I'~ <;:11 u' -"...il" 11/'",." :.",.,. -,--..--' ¡La.." '.. ',.." ._m" I n¡, ~-"":" I ~.. >- >. ; S4.00 ~:. :". i No Ch:mc¡e , , I - ~_: <; I 54.00 '----'-'- i $4.39 $3.42 $3,57 $4,75 $3.25 $4.75 ....: '"~ -,~,.; ~ ;;-, <'-. ,"- - .-~- __n_'_- :-,..-,,' ....~ ,-.: . ..-- - --- <.:-';-: :,-:-.~~----¡ --'- v,- '.- <,.: :;:- n '.. -- .,- ,.._c ,--- -,"'c- -,-. --- _.- ;---------r- I I'w;":, ~"""'" A.. "- . < ¡ No Change ,UJo Cha':1.9! i No Change ! No Chanae i . I ... ' " ~'" - '-" -- ,--- ,,- '_-: ,-~ -, - -- -- ',-.::....=...,-_..,-~ ¡-Y,.-" -'" ¿ :,f: ~ ¡:; 'C' . .c-. .... ;' ,:" ,,:;~' , ..- ... -"_h ,-' .. ,-- - .-, ,on < ' - <" '." -- r -+-, ¡""rnily Sw,", ! --" -- . ---- 0- -,- --'..- '--" S:. ç:: ...-: ::' t",-. < -- - -t"- ,,' ":'-' -,-, ~., _: n -n --..- . -.,- 0 --- ,-- .--- <.;';;:: ~:- -0:- --- "----- v_, ',- -. .' --,' --- ;- ,,:) ¡ :::' ~.- ::: < -- --.. W,'!"r I x""'<.,- I -,--,_. A.. --- ~." -':0 ,.¿: ~: -:: ~-" ~-:; r'~'-".~ c=: <.: ,:: .....: :':; ,. - <-., .... ~c' :':' S"!I!'" !-'w:'" .. ~;- ¡;: -, - .-- -----, y- "- 1\0 Change Recommended i- f -ï r-- I '-----¡ p,,\~~~ S --" :-----::-:::;::::-. i - ~- ,..: toO: ,C - -:-' .,'- €-:; ~'.?:jGn:;;;;.U, , ..-- -,- ':o:,~ :;:; ~,='" ë;;,; ,,- ,- -.--. ~- 50:¡~ G:: ~'i :G --,----- -----_u,,-' i - ~'- -.~~'~~' -I~¡~~::;è ,- ~ V'".co. _.:-----'--:':- 5o;':,;-:;C -:"'i" 0:: ~;:'>: :¡'J '>;::,¡;:\; <':".:- ,--, i ~2~~~~~:~~~:'~(~;J_~:~~:~~~:~~~~ I :'-p- :.' ,--~~ :- -- _._------.---- ...- ~.-, :,""€)G~--.'-:'::;: *Within a 10 Mile Radius of Kenneth Jones Pool KJP/Fees and Charges/Regional Fees and Proposed Changes 2-2-04 Attachment 6 Local Aquatic Facility Fee Comparison and Proposed Fees Pool Rentals .lI:an1C of Facility!~II""1 ~')Io;::. :;",,1: -'- I . : : King County Aquatics Center >Kent Pool >Auburn Pool >Mount Rainier Fife Pool Tukwila Pool Center at Norpoint i - j:acility-ë::~-ë' F..7¡.r:,' \.j"y ~H;P;;S...t! ~O04; Average Prices I King County Parks r.ranagcmcnt : Pn::t's ! I ! I 'No -cnange: :No Chanfle Aquatic Management Group City OF Fife City of Tukwila Metro Parks i !-< h",,1 ~ji,.tr'< I : I' ." ',., . -"""" ':-~;: ~ ~- t-.---.--." -... , .' .. "'. -"..., ,", ~". ;-..,...;:-:c" ~,~,- ,:"-, - ,.. ,:,,~"': .' ::"":.:', I --- ""'--- '.": ... 0'"" " -' i ; I ~-, .,':- ,c, ': "-. --- ;;-- ":~-;:.:;:~'~ f- :ç:' ~ $100.00 ! 5125.00 ! $145.00 : $165.00 I $67.00 $107.08 $125.00 $156.25 $225.00 $90.00 $120.00 $150.00 $187.50 $65.00 $85.00 $100.00 $125.00 $58.00 $80,.00 $100.00 $125.00 $225.00 $105.00 $117,50 ,-, ' ;, "c- :-~::::.. ':-' ~:: ',' - -----, I ",'"";:: ~...,,::.. , .;; ; '- "' ,- h. . ., , ,',. -'- i r- . -- I "".",'. "'",,' ,".:, ' '-.,':'",,:':¡....:., " " ;-:; "".>=,' $50.00 $65.00 $50.00 - $20.00 r';",:':,~,~'"::'" r---:-:-=-:-~ .",,:r" :¡,,"',' *Within a 10 mile radius of Kenneth Jones Pool KJP/Fees and Charges/Regional Fees and Proposed Changes 2-2-04 MEETING DATE: February 17,2004 ITEM# ~(.1) CITY OF FEDERAL WAY City Council AGENDA BILL SUUJECT: Community Center 2%-For-Public-Art 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: $ $ $ ATTACHMENTS: Committee Action Form dated February 1,2004; Community Center 2%-For-Public-Art Program SUMMARYIUACKGROUND: In December 2003, Council Committee reviewed the Community Center 2%-For- Public-Art Program including the conceptual framework for the program, art opportunities and the budget. The City Council approved the conceptual framework, estimated budget of $270,000 and a revised art opportunities on December 16, 2003. The Arts Commission had recommended two art program options: 1). Interior work including the entrance/lobby and community wing. 2). Exterior Entrance including the potential of paths, retaining walls and possible watcr elcment. Council approved moving the project forward without identifying which of the two art opportunities may be selected. The Arts Commission met and determined the art program needed to be revised and art opportunities re-written to accommodate the recommendation of Council to consider achieving both projects. The Arts Commission approved the following revised art program for the Community Center 2%-For-Public-Art Program on February 1, 2004. The revised program has been re-written to include both interior and exterior projects. In addition, the program budget has been revised to accommodate for the construction expenses of including a water elemcnt. The additional funding, if approved will be allocated from the Community Center's landscaping budget. CITY COUNCIL COMMITTEE RECOMMENDATION: Motion to recommend to Council a "do pass" to accept the itcms listcd below and placc thesc items before Council on February 17,2004: 1). Approvc the revised budget for the Community Center 2%-For-Public-Art program of $305,000. 2). Authorize staff to administer an artist prospectus for the following: a). Interior Lobby/Community Wing integrated artwork for a budget of$90,000 and the Artist Made Building Parts (AMPB) elements for a budget of $30,000. b). Exterior Entrance integrated artwork for a budget of $114,500. I>ROI>OSED MOTION: "I move approval of the Community Center 2%-For-Publie-Art Program as presented." ~~'I,~~~~~~~~~~~~~~~~~~~~~_:r:;{J~=:=~:~ ~~.=~'.~ . ~~c--~~.c~.~-~.~~.~~ ~~~~..~~~~~=~--==.- -- --- (BELOW TO BE COMPLETED BY CITY CLERKS OFFICh] COUNCIL ACTION: 0 API>ROVED 0 ÐENIED 0 TAULED/DEFERRED/NO ACTION 0 MOVED TO SECOND REA])]NG (ordinances only) COUNCIL UlLL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 CITY OF FEDERAL WAY PARKS, RECREATION AND CULTURAL SERVICES MEMORANDUM Date: To: From: Via: Subject: February 1, 2004 (1 PRHSPS Council Committee (Ó'Y J" Mary Faber, Rec tion and Cultural Services Superintendent I J David Mosel anager I Communit Ce ter 2%-For-Public-Art Program Background In December 2003, Council Committee reviewed the Community Center 2%-For-Public- Art Program including the conceptual framework for the program, art opportunities and the budget. The City Council approved the conceptual framework, estimated budget of $270,000 and a revised art opportunities on December 16, 2003. The Arts Commission had recommended two art program options: 1). Interior work including the entrance/lobby and community wing. 2). Exterior Entrance including the potential of paths, retaining walls and possible water element. Council approved moving the project forward without identifying which of the two art opportunities may be selected. The Arts Commission met to discuss the next steps and determined the art program actually needed to be revised and art opportunities re-written to accommodate the recommendation of Council to consider achieving both projects. The Arts Commission approved the following revised art program for the Community Center 2%-For-Public- Art Program on February l, 2004. The revised program has been re-written to include both interior and exterior projects. In addition, the program budget has been revised to accommodate for the construction expenses of including a water element. The additional funding, if approved will be allocated from the Community Center's landscaping budget. The revised proposed Community Center 2%-For-Public-Art Program is as follows: COMMUNITY CENTER Proposed Art Program Budget Art Budget: $270,000 (2% For-Public-Art Fund) $ 35.000 (Community Center Landscaping Budget) $305,000 1 Project Artist and Artwork Artist and Artwork Description Interior Lobby Exterior wI Water Expenses ICommunity Wing Element Public Art Consultant $ 27,000 Additional Public Art fee consulting for $ 10,000 exterior water element Public Art Maintenance $ 13,500 Fund Integrated Artwork $ 90,000 $ 79,500 Artist Made Building $ 30,000 Parts Artworks Project Contingency $ 20,000 Extra costs associated $ 35,000 with water element Total Budget: $305,000 $ 70,500 $ 120,000 $ 114,500 ART OPPORTUNITIES The extent of the public artwork that will be created for any of the opportunities outlined below will be based on schedule, funding and resource allocation. Typically integrated artwork is a marriage of art enhancement money coupled with a base construction budget. The sites and opportunities described reflect the Art Commission's priority for allocating the budgeted 2%-For-Public-Art Funds for the Community Center. The Arts Commission strongly supports featuring artwork in the most visible and public areas: Exterior Entrance and Entrance Lobby/Community Wing. 1. Interior Lobby/Community Wing lA. Interior Lobby/Community Wing Integrated Artwork This area is best described as the axis or "hearth" of the facility. A spacious path through the main entrance and lobby leads guests to a north view of the woods at one end and to the east, a gallery area toward the banquet and patio facility. Elements include the reception area where guests and members make inquiries and find navigation and schedule information. This lobby area also includes a view through a large glass wall into the swimming area from a seating area for small gatherings and waiting guests. Guests will be able to see through to the natural wooded area and sit in comfortable seating near a grand fireplace. The Community Wing consists of a hallway terminating at a gallery under a high ceiling skylight leading guests to the banquet hall and patio terrace. Project funding is through the 2%-For-Public-Art-Fund and utilization of construction credits. An artist will develop integrated artwork for the interior lobby and community wing. The Artist Made Building Parts (AMBP) roster will be utilized to select artists for additional integrated artworks. 2 1.B Artist Made Building Parts Elements This fund is allocated for smaller projects in the interior of the building such as lighting fixtures, door handles, floor treatments, etc. The artist selected for the interior integrated artwork will assist the planning team in identifyjng opportunities for artist made building parts. Artists for this program will be selected from the King County Artist Made Building Parts (AMPB) roster. This is a roster of artists who have been juried by a team of professionals to have the necessary expertise and experience to successfully complete projects of this nature. 2. Exterior Entrance Integrated Artwork This art zone includes the pedestrian path through the parking lot and drop off to the main entrance. This site has both the opportunity for pedestrian interest providing intimate detail as well as the drive by experience. A pedestrian path leads guests through the parking lot, across the drop off drive and up to the main entrance. This site should be attractive and inviting during the day and be activated by light for nighttime use and public safety concerns. An artist will develop site-integrated exterior artwork to include a water element with the 2% for Art Fund budget and construction credits. ARTIST SELECTION Artists for all opportunities wi1l be selected through an open competitive process. In order to successfully integrate the art and maximize project resources, the artists for the two integrated artwork projects need to be under contract and begin collaborating with architects and project management by May, 2004. The Interior artist wi1l develop integrated artwork and identify additional opportunities for Artist Made Building Parts (AMBP) roster artists. The Exterior artist must have experience with landscape, design team collaboration and water elements. The artists for the artists made building parts project(s) will be selected at a later time. Committee Recommendation: Motion to recommend to Council a "do pass" to accept the items listed below and place these items before Council on February 17,2004: 1). Approve the revised budget for the Community Center 2%-For-Public-Art program of $305,000. 2). Authorize staff to administer an artist prospectus for the following: a). Interior Lobby/Community Wing integrated artwork for a budget of $90,000 and the Artist Made Building Parts (AMPB) elements for a budget of$30,000. b). Exterior Entrance integrated artwork for a budget of $114,500. 'Kf APPROV AL OF COMMITTEE REI)ORT: k:/councilinfo/CommunityCenterrevisedartprogram2.l.04 3 MEETING DATE: February 17,2004 ITEM# ~ h1 J CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Reebok Women's Triathlon Series Agreement CATEGORY: BUDGET IMP ACT: x CONSENT RESOLUTION CITY COUNCIL BUSINESS ORDINANCE PUBLIC HEARING OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $10,000 $10,000 $0 ATTACHMENTS: Memo to Council Committee and attached draft contract .. ........................................................................................................................................ SUMMARY/BACKGROUND: Pursuant to its City Council-approved 2003-2004 work plan and budget, the Lodging Tax Advisory Committee (L T AC) hired events planning consultants to study the local/regional events "market," identify potential Federal Way market niches, and propose two or three new major annual eVents designed to attract visitors to the City from throughout the region and beyond. Two niches were identified: amateur sports and the community's sizable and recognized Korean-American population. In the consultants' search to fill these niches, they seized the opportunity to bid on an important national-scale event, scheduled for September 18-19,2004. The Reebok Women's Triathlon Series (RWTS) was looking for a fifth and possibly sixth venue to expand its national series coverage. Our consultants made a presentation to the LTAC on September 5, 2003 regarding the event's particulars and the resulting City commitments should Federal Way be chosen as a Host City. The Committee voted unanimously, together with then-Mayor Burbidge who was in attendance, to express official interest in the event and a tentative commitment of the requested City contributions. The requested contributions were a $10,000 "site fee," as well as approximately $10,000 in in- kind contributions of services normally available to cities such as ours (police, public works, parks support and assistance, etc.). The RWTS is a charity event, raising funds for the Ovarian Cancer Research Fund. The LTAC sent a letter of interest to the RWTS on September 8,2003, signed by then-Mayor Burbidge and then-Deputy Mayor McColgan, and within several days, the City was informed that Federal Way had been chosen as the Pacific Northwest venue for this event, among a field of several competing cities. RWTS representatives later forwarded a draft detailing the City's and RWTS's respective contributions and responsibilities in the event, and agreed to the disbursement sponsorship revenues between the parties. The triathlon will likely occur at Steel Lake Park. The swimming portion will occur in the Lake. The running course will flow counter-clockwise around the lake, and the bicycle course counter-clockwise around the lake area, over to Military Road, down Weyerhaeuser Way to 336th St and back north-bound to Steel Lake Park. RWTS-FEDERAL WAY AGREEMENT CONCEPTS The following summarizes the principal points of the attached, proposed Agreement between the City and RWTS. Federal Way Participation (will include local volunteer work/support) . $10,000 site fee . Provision of in-kind services, including the following (approximately $10,000 value): 0 Park and roadway permits 0 City assistance in course design, layout, staffing 0 Assistance with communications network 0 Provision of barricades for road closures 0 Provision of road cones 0 Provision of traffic control signboards 0 Provision of stage riser 0 Provision of trash receptacles and trash pick-up 0 Sweep bike course 0 Prep and clean beach 0 Assist with swim course set up and buoys 0 Provide appröx. 12 lifeguards and paddle boards/small craft 0 Provide electrical connections in Steel Lake Park 0 Provide vans for volunteer movement Help with the recruitment of volunteers and a local host committee Help engage local community and businesses Promote the event in City publications Assist in securing local sponsorships (the event planning consultants will chiefly perform this function) 0 Local sponsorship revenues will be split evenly between RWTS and the City to recoup expenses . . . . RWTS Participation . Promote and produce triathlon event Provide local producer and race organization Provide race materials, participant and volunteer benefits, medical services, information, etc. Advertiselpromote event as one of national events in national media. Promotional materials will include the name "Federal Way" (usually in addition to Seattle to gain national recognition). Promote in retail stores nation-wide. Promote in regional and local event calendars. Print and distribute 120,000 brochures listing Federal Way as Pacific Northwest host site, to be distributed nationally Include "click-through" to Federal Way website on RWTS web site . . . . . """""""""""'......................."'" """""""""""""""""""""""""""""""""""""""""".",,"""""""'.'."""""""""'....."...""."."""""" "."""...""...""""......"."...."."".." """..""""".."."......"......."..." """"". """..""......"."...........""""..." ."""""""""""".." CITY COUNCIL COMMITTEE RECOMMENDATION: At its February 10,2004 meeting, the FEDRAC recommended of the contract with RWTS. PROP OSED MOTION: "I move to approve, and authorize the City Manager to sign, the proposed contract with RWTS as approved by the FinanceÆconomic DevelopmentlRegional Affairs Committee and as amended by the Council." CITY MANAGER APPROVAL: ~~- (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED D TABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 04/28/2003 CITY OF FEDERAL WAY MEM 0 RAND UM Date: To: Via: From: Subject: February 3, 2004 Finance, Economic D velopment and Regional Affairs Committee David H. M Manager Patrick Dohe irector, Community Development Services Reebok Women's Triathlon Series BACKGROUND Pursuant to its City Council-approved 2003-2004 work plan and budget, the Lodging Tax Advisory Committee (L T AC) hired events planning consultants to study the local/regional events "market," identify any market niches that Federal Way could potentially fill, and propose two or three new major annual events designed to attract visitors to the City from throughout the region and beyond. The events planners identified two community strengths around which new events could be formulated: amateur sports and the community's sizable and recognized Korean- American population. While investigating the amateur sports event market last year, our consultants seized the opportunity to bid on an important national-scale event, scheduled for September 18-19, 2004. The Reebok Women's Triathlon Series (RWTS) is a charity event, raising funds for the Ovarian Cancer Research Fund. The event, having four venues around the country, was looking for a fifth and possibly sixth venue to expand its national series coverage. Their representatives had stated a preference for including the Pacific Northwest, so our consultants made a presentation to the L T AC on September 5, 2003 regarding the event's particulars and the City commitments that would be necessary to land this event in Federal Way. In response, the Committee voted unanimously to express official interest in the event and a tentative commitment of the requested City contributions. The requested contributions were a $10,000 "site fee," as well as approximately $10,000 in in-kind contributions of services normally available to cities such as ours (police, public works, parks support and assistance, etc.). A letter, signed bý Mayor Burbidge and Deputy Mayor McColgan, was sent to the RWTS representative on September 8, 2003, and within several days the City was informed that Federal Way had been chosen as the Pacific Northwest venue for this event, among a field of several competing cities. (See Attachment A, Letter) . Since that time the RWTS representatives have sent staff a draft "agreement," laying out the principal concepts describing the City's contributions and responsibilities to the event, the RWTS contributions and responsibilities to the event, and an agreement on the disbursement of sponsorship revenues between the parties. Staff has distributed these principal concepts to the various City departments that would be involved in providing these services, who have given preliminary responses as to feasibility and cost. City staff responded to RWTS with some changes in the "agreement's" concepts, to which RWTS has since stated its acceptance. Actual contract language is still being negotiated. The triathlon is proposed to be based at Steel Lake Park. Tentative courses are for the swimming portion of the competition in the lake, the running portion consisting of a course leading counter-clockwise around the lake area and back, and the bicycle course leading counter-clock around the lake area, over to Military Road, down Weyerhaeuser Way to 336th St and back north-bound to Steel Lake Park. RWTS-FEDERAL WAY AGREEMENT CONCEPTS Below you will see a bulleted itemization of the principal concepts in the proposed contractual agreement between the City and RWTS. Federal Way Participation (will include local volunteer work/support) . $10,000 site fee . Provision of in-kind services, including the following (approximately $10,000 value): 0 Park and roadway permits 0 City assistance in course design, layout, staffing 0 Assistance with communications network 0 Provision of barricades for road closures 0 Provision of road cones 0 Provision of traffic control signboards 0 Provision of stage riser 0 Provision of trash receptacles and trash pick-up 0 Sweep bike course 0 Prep and clean beach 0 Assist with swim course set up and buoys 0 Provide approx. 12 lifeguards and paddle boards/small craft 0 Provide electrical connections in Steel Lake Park 0 Provide vans for volunteer movement Help with the recruitment of volunteers and a local host committee Help engage local community and businesses Promote the event in City publications Assist in securing local sponsorships (the event planning consultants will chiefly perform this function) 0 Local sponsorship revenues will be split evenly between R WTS and the City to recoup expenses . . . . RWTS Participation . Promote and produce triathlon event Provide local producer and race organization Provide race materials, participant and volunteer benefits, medical services, information, etc. Advertise/promote event as one of national events in national media. Promotional materials will include the name "Federal Way" (usually in addition to Seattle to gain national recognition). Promote in retail stores nation-wide. Promote in regional and local event calendars. Print and distribute 120,000 brochures listing Federal Way as Pacific Northwest host site, to be distributed nationally Include "click-through" to Federal Way website on RWTS website . . . . . STAFF RECOMMENDATION Staff recommends approval of the above-mentioned points of agreement between R WTS and the City of Federal Way, as well as the corresponding draft contract, for the Reebok Women's Triathlon Series event in Federal Way September 18-19,2004. COMMITTEE ACTION "I move to approve the above-mentioned points of agreement between RWTS and the City of Federal Way regarding the Reebok Women's Triathlon Series event in Federal Way September 18-19,2004, and authorize staff to present the finalized contract to City Council on February 17,2004." " ð~ "\ APPROVAL BY COMMITTEE: At+tW~(M~1 A ..~ Fëderal Way CITY HALL 335301 st Way South' PO Box 9718 Federal Way, WA 98063-9718 (253) 661-4000 www.cityoffederalwaycom September 8, 2003 Jim Curl Series Administrator Reebok Women's Triathlon Series 13765 Mira Montana Dr. Del Mar, CA 92014 Dear Mr. Curl: On behalf of the City of Federal Way, Washington we would like to thank you for your interest in our community as a potential new location for the Reebok Women's Triathlon Series (RWTS). We understand that you and others within Reebok management are considering many communities. We are honored to be considered as well. By this letter we would like officially to express our interest in, and genuine enthusiasm for, the RWTS and the opportunity for Federal Way to sponsor your Pacific Northwest venue for this exciting women's athletic series. As we saw over a decade ago with the first Goodwill Games, whose aquatic competitions were held here in Federal Way, this community has the capacity and willingness to pull together behind a major community event of national or international stature. We are confident that the RWTS in Federal Way would engender a similar, if not even greater, level of community and regional support and participation. We look forward to more detailed discussions about the actual sponsorship, financial arrangements and other specifics, and will be pleased to negotiate a clear contract that spells out each party's commitments. Lastly, we would like to reiterate our thanks to you and your organization for considering Federal Way, as well as to express our genuine enthusiasm as a community for the prospect of hosting this exciting event. Very truly yours, --? ç:.~~tf! /,---7~ j() ~..-t-.{} ~ 2;9-- . i/ L-- Jeanne Burbidge, Mayor " " ;tie pi/ ) J/ / ¡.v- ,/ /i!tlv, . ~ ~ean McColgan, Deputy Mayor Chair, Lodging Tax Advisory Committee DRAFT - COUNCIL PACKET - 02.17.04 AGREEMENT FOR REEBOK WOMEN'S TRIATHLON SERIES This Agreement ("Agreement") is dated effective this - day of ,20_" The parties ("Parties") to this Agreement are the City of Federal Way, a Washington municipal corporation ("City"), and Reebok Women's Triathlon Series, which is ajoint venture between Event Media, Inc., a California corporation, and CAPRI, an Illinois corporation, the signatories to this Agreement (collectively, "Promoter"). WHEREAS: A. "The City seeks the opportunity to support the health and welfare of its citizens and to participate in national events in a manner that benefits Federal Way residents and businesses; B. Promoter is producing the Women's Triathlon Series in four United States cities in 2004; C. Reebok, Inc., under separate agreement, purchased from Promoter the right to be title sponsor of the Women's Triathlon Series, now the joint venture called the Reebok Women's Triathlon Series ("R WTS"); D. The Promoter has identified the City as a desirable location for one of its four triathlons for 2004; . E. The Ovarian Cancer Research Fund is a beneficiary of the Reebok Women's Triathlon Series; F. Hosting this event will satisfy the City's desire to contribute to local and national causes for health and welfare, will further the City's economic development goals, and will bring other local, regional and national benefits to the City, its citizens and its businesses; NOW, THEREFORE, the Parties agree as follows: 1. Reebok Participation. The Promoter shall promote and produce a national quality triathlon event to be located within the City as more specifically described in Exhibit A, attached hereto and incorporated by this reference, in a manner consistent with the accepted practices for other similar services, performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the City Manager or his or her designee ("Services"). . 2. Federal Way Participation. - 1 - DRAFT - COUNCIL PACKET - 02.17.04 As the Host City, the City shall provide permits and other site-related fees as well as in-kind services and equipment, as listed in Exhibit B, attached hereto and incorporated by this reference, in a manner consistent with the accepted practices for other similar services performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the City Manager or his or her designee ("City Services"). 3. Term. This Agreement provides for an R WTS Event for two years, the first being September 18-19, 2004, and the second being a date in 2005 that shall be determined by the parties. The term of this Agreement shall commence upon the effective date of this Agreement and shall continue until the completion of all obligations under this Agreement, but in any event no later than December 31, 2005 ("Term"). Federal Way shall have the first option to renew this Agreement for succeeding years and to renegotiate the Agreement terms, as documented by mutual written agreement of the parties. Federal Way must exercise such option by October 31,2004. 4. Termination. If Promoter at any time commits a material breach of any provision of this Agreement or at any time fails or refuses to fulfill its obligations hereunder, then, in addition to all other remedies available to it at law or equity, if Promoter cannot cure such material breach or default within 30 days after written notice by City, City may terminate this Agreement by written notice to Promoter specifying the default or breach by Promoter. If the City fails to make any payment within thirty days after having received written notice from Promoter or Promoter's agent that any monetary payment is overdue, or if City materially breaches any other provision of this Agreement and fails to remedy same within thirty days after having received such notice, then Promoter may terminate this Agreement by written notice to City specifying the default or breach by City. Termination of this Agreement for any reason provided herein will not relieve either party from its obligation to perform up to the effective date of such termination or to perform such obligations as may survive termination. 5. Financial Contribution. 5.1 Total Financial Contribution. In consideration of the Promoter performing the Services, the City agrees to contribute to the Promoter, in addition to the City Services enumerated in Exhibit B, an amount not to exceed Ten Thousand and Noll 00 Dollars ($10,000.00) as site fee for choosing this City as a location for the R WTS. - 2 - DRAFT - COUNCIL PACKET - 02.17.04 5.2 Method of Payment. The City will provide the site fee of$lO,OOO.OO, with 50% payable upon signing this Agreement and the balance 30 days before the event. 6. Use of Triathlon Logos. Promoter hereby grants to City and City hereby accepts a limited right during the Term to use the name and logo of the RWTS in the Federal Way Event as shown in Exhibit C, attached hereto and incorporated herein by reference (the "Triathlon Logos"), in marketing, sales, advertising, publicity and promotional materials produced by City in connection with this Agreement, including without limitation the following and all other forms of marketing and advertising in whatever medium, whether now known or hereafter created: radio and television commercials, video and audio tapes, digitally formatted computer media including but not limited to internet and CD-ROMs, point-of-purchase materials, posters, and employee communications and materials. City's right to use the Triathlon Logos will be non-assignable and non-transferable. The form of all usage of the Triathlon Logos by City will be under the control and supervision of Promoter and subject to Promoter's prior, signed approval, which will not be unreasonably withheld. Triathlon logos may be retained and used by City after the Event as part of a historical account of City activities. 7. Sponsorship. 7.1 The City wishes to assist Promoter in the solicitation of local business for possible support/sponsorship of the RWTS, including the following categories: a. Host Hotel b. Newspaper c. Airline Partner d. Radio Station e. Rental Cars f. RestaurantIFood Provider g. Bottled Water h. Retail Grocer 7.2 Promoter agrees to provide City with a list of protected sponsor categories that it is selling or has sold nationally. Promoter authorizes City to sell to any sponsor in categories not so reserved. After March 1st 2004, all categories not yet sold or in active negotiation will be considered available to the City for that purpose. 7.3 Promoter will receive the first $7,500.00 of local sponsor sales, net of sales commissions. Promoter will pay to the City the second $7,500.00 of local sponsor sales, net of sales commissions. All remaining net local cash sponsorship will be split evenly - 3 - DRAFT - COUNCIL PACKET - 02.17.04 between Promoter and the City. If sponsorships are in-kind, Promoter will determine the retail value of such sponsorships based on its budget for that category and remit to City 33% ofthe assessed value (no commissions are paid on paid on in-kind sponsorships). Promoter retains the right to approve all terms of City-sold sponsorships and may accept or reject such sponsorships, or any term thereof, at Promoter's discretion. All sponsorship agreements will be between the sponsor and Promoter. Payments to City of sponsorship monies will be within 5 working days of when the sponsorship check andlor monies clear the bank. 8. Compliance with Laws. Contractor shall comply with and perform the Services in accordance with all applicable federal, state, and City laws including, without limitation, all City codes, ordinances, resolutions, standards and policies, as now existing or hereafter adopted or amended. 9. Warranty. The Promoter warrants that (i) it has the full right and authority to enter into and fully perform this Agreement in accordance with its terms and this Agreement constitutes a valid and binding agreement of Promoter; (ii) it has the requisite training, skill and experience necessary to provide the Services; (iii) it is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to being registered to do business in the City of Federal Way by obtaining-a City of Federal Way business registration; (iv) it is the sole owner of all the rights granted to City hereunder and such rights granted to City will not violate the rights of any third party; (v) it will not do anything which would limit, diminish or impair the rights which City has acquired in this Agreement; and (vi) the execution, delivery, and performance of this Agreement will not violate the provisions of any agreement to which Promoter is a party or by which it is bound. 10. Independent Contractor/Conflict of Interest. It is the intention and understanding of the Parties that the Promoter shall be an independent contractor and that the City shall be neither liable nor obligated to pay Promoter sick leave, vacation payor any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. The Promoter shall pay all income and other taxes due. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Promoter, shall not be deemed to convert this Agreement to an employment contract. It is recognized that Promoter mayor will be performing professional services during the Term for other parties; provided, however, that such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Promoter agrees to resolve any such conflicts of interest in favor of the City. - 4 - DRAFT - COUNCIL PACKET - 02.17.04 11. Cancellation of Event 11.1 Force Majeure - If Promoter is unable, after making a continued good faith effort to do so, to fulfill its obligations pursuant to this Agreement concerning any Event for any reason, such as strike, boycott, war, act of Nature, labor troubles, riot, delay of commercial carriers, restraint of public authority, adverse weather or for any other such reason beyond Promoter's control, then the Term will be extended for a period of time, without any additional cost to City, until all rights granted to City pursuant to this Agreement are fulfilled in regards to that Event. Furthermore, City will have the right to terminate this Agreement as regards to the Event in question if any such force majeure exists for 60 days or longer. If the Federal Way Event is not held for any reason stated in this paragraph, then Promoter, in its sole discretion, shall either (i) reschedule the Event for another date within the contract year or site or (ii) refund the cash portion, if any, of City's contribution less the pro rata value of all promotional and advertising services utilized for the benefit of City on this Event prior to said cancellation. { 11.2 Promoter Cancellation of Event.- If any event is cancelled by Promoter for any reason other than those listed in Section 11.1, Promoter will return to City all its financial contributions to the Event as stated in Section 5 of this Agreement, and reimburse the City for all actual expenses incurred in providing the City Services at the time of such cancellation. 12. Indemnification. 12.1 Promoter Indemnification. The Promoter agrees to indemnify, defend and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Agreement to the extent caused by the negligent acts, errors or omissions ofthe Promoter, its pa~ers, shareholders, officers, directors, agents, employees, volunteers or by the Promoter's breach of this Agreement. Promoter waives any immunity that may be granted to it under the Washington State Industrial Insurance Act, Title 51 RCW. Promoter's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. 12.2 City Indemnification. The City agrees to indemnify, defend and hold the Promoter, its officers, directors, shareholders, partners, employees, and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and attorney fees) to or by any and all persons or entities, including without limitation, their respective agents, - 5 - DRAFT - COUNCIL PACKET - 02.17.04 licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City, its employees or agents or by the City's breach of this Agreement. 12.3 Survival. The provisions of this Section shall survive the expiration or termination ofthis Agreement with respect to any event occurring prior to such expiration or termination. 13. Equal Opportunity Employer. In all Promoter services, programs or activities, and all Promoter hiring and employment made possible by or resulting from this Agreement, there shall be no discrimination by Promoter or by Promoter's employees, agents, subcontractors or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, creed, national origin, marital status or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of payor other forms of compensation, and selection for training, including apprenticeship. Promoter shall not violate any of the terms of Chapter 49.60 RCW, Title VII of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973 or any other applicable federal, state or local law or regulation regarding non-discrimination. Any material violation of this provision shall be grounds for termination of this Agreement by the City and, in the case of the Contractor's breach, may result in ineligibility for further City agreements. ¡ ! 14. Insurance. The Promoter agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: 14.1 Workers' compensation on its Illinois employee(s) who work in WAin amounts sufficient pursuant to the laws of the State of Illinois and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; 14.2 Commercial general liability insurance with combined single limits of liability not less than $5,000,000 for bodily injury, including personal injury or death, products liability and property damage. 14.3 Automobile liability insurance with combined single limits ofliability not less than $2,000,000 for bodily injury, including personal injury or death and property damage. - 6 - DRAFT - COUNCIL PACKET - 02.17.04 14.4 The City shall be named as additional insured on all such insurance policies, with the exception of workers' compensation coverage(s). Promoter shall provide certificates of insurance, concurrent with the execution of this Agreement, evidencing such coverage and, at City's request, furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. All insurance policies shall contain a clause of endorsement providing that they may not be terminated or materially amended during the Term of this Agreement, except after thirty (30) days prior written notice to the City. If Promoter's insurance policies are "claims made," Promoter shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terminated. Promoter's failure to maintain such insurance policies shall be grounds for the City's immediate termination of this Agreement. 14.5 The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 15. Non-Appropriation of Funds. If sufficient funds are appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Services or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 16. General Provisions. 16.1 Entire Agreement. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior agreements shall be effective for any purpose. 16.2 Modification. No provision of this Agreement, including this provision, may be amended or modified except by written agreement signed by the Parties. 16.3 Full Force and Effect. Any provision of this Agreement that is declared invalid or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. 16.4 Assignment. Neither the Promoter nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party, such consent not to be unreasonably withheld. - 7 - DRAFT - COUNCIL PACKET - 02.17.04 16.5 Successors in Interest. Subject to the foregoing Subsection, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. 16.6 Attorney Fees. In the event either of the Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Agreement shall be King County, Washington. 16.7 No Waiver. Failure or delay ofthe City or Promoter to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. 16.8 Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. 16.9 Authority. Each individual executing this Agreement on behalf of the City and Promoter represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the Promoter or the City. 16.10 Notices. Any notices required to be given by the Parties shall be delivered at the addresses set forth below. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth below. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. 16.11 Captions. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. 16.12 Performance. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the performance of this Agreement. 16.13 Remedies Cumulative. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. - 8 - DRAFT - COUNCIL PACKET - 02.17.04 16.14 Counterparts. This Agreement may be executed in any number of counterparts, which counterparts shall collectively constitute the entire Agreement. 16.15 Compliance with Ethics Code. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation and/or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 16.16 Equal Opportunity to Draft. The parties have participated and had an equal opportunity to participate in the drafting of this Agreement, and the Exhibits, if any, attached. No ambiguity shall be construed against any party upon a claim that that party drafted the ambiguous language. DATED the day and year set forth above. CITY OF FEDERAL WAY ( '\ ',,) By: David H. Moseley, City Manager 33530 1st Way South P.O. Box 9718 Federal Way, WA 98063-9718 ATTEST: City Clerk, N. Christine Green, CMC APPROVED AS TO FORM: Patricia A Richardson, City Attorney EVENT MEDIA, INC.lRWTS By: (Signature) (Printed Name) Its: - 9 - DRAFT - COUNCIL PACKET - 02.17.04 (Title) (Address) (Phone) CAPRI, INC/RWTS By: (Signature) (Printed Name) Its: (Title) ) (Address) (Phone) STATE OF CALIFORNIA) ) ss. COUNTY OF ) On this day personally appeared before me , to me known to be the of EVENT MEDIA, INC that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of , 200_, (typed/printed name of notary) Notary Public in and for the State of California, - 10 - DRAFT - COUNCIL PACKET - 02.17.04 My commission expires STATE OF Illinois ) ) ss. ) COUNTY OF ) On this day personally appeared before me , to me known to be the of CAPRI, INC. that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of ,200_. (typed/printed name of notary) Notary Public in and for the State of Illinois. My commission expires G: \lawfonns \Pro fess ional Serv i cesA greem en t Rev. 02/02 - 11 - EXHIBIT A PROMOTER SERVICES REEBOK WOMEN'S TRIATHLON SERIES Reebok will promote and produce a national quality triathlon event to be located in the City of Federal Way on September 18-19,2004 and a similar event in 2005, date to be determined, and agrees to provide the following Services: PRODUCTION Promoter will provide at no cost to the City (except as to be provided by City in Exhibit B): 1. A local producer and a race organization to produce the event. Promoter will collaborate with the City in the selection of organization members, and the City's suggestions will not be unreasonably denied. 2. All equipment needed to produce such an event; especially: a. Race materials: scaffolds, banners, signs, fencing, bike racks b. Course materials - cones, signs c. Participant and volunteer benefits: food, water, replacement fluid, shirts, awards, medical services, timing services, announcers, results, training & travel information, product give-aways ADVERTISING & PROMOTION Promoter will use and promote the name "Federal Way" in reference to this event, and will promote the Federal Way event as one of four national events in the RWTS as follows: Public Relations - The Promoter will utilize corporate, national and regional/local public relations professionals to publicize the event, the participants, the charity (Ovarian Cancer Research Fund) and the host city. The local newspaper and electronic media are especially targeted, including community papers and weeklies. ) ¡ Print Media - The Promoter will utilize print advertising to spread the word nationally and regionally about the events and the host city. Ads will run a minimum of three (3) times in the following publications: Triathlete Magazine, Windy City Sports (Chicagoland), Competitor Magazine (Southern CA), Florida Sports, and City Sports Magazine (Northwest). Brochures - Promoter will print and distribute a minimum of 120,000 brochures listing Federal Way as a Series host-site throughout the U.S. Promotion - Promoter will engage in in-store promotions listing Federal Way as a host site. Promoter will place references to Federal Way in regional and local event calendars throughout the U.S. Promoter will work with REEBOK and other co-sponsors to leverage existing relationships to promote the event: e.g., trade for pages in national and regional books promoting the event, stuffing brochures in running shoe boxes. Internet Marketing And Registration - A "click-through" to the host city's website will be included on the Promoter's website. Promoter will market the existence of its website on all national calendaring, infonnation and entry sites. Charity - The Ovarian Cancer Research Fund ("OCRF") is the national Charity for Promoter. OCRF has a network of local ovarian cancer charities with whom it works to develop awareness and support for the event. ( ) EXHIBIT B CITY OF FEDERAL WAY - CITY SERVICES REEBOK WOMEN'S TRIATHLON SERIES As the Host City, the City shall provide the following in-kind services and equipment listed below, estimated at an approximate value ofTen Thousand Dollars ($10,000). OPERATIONS 1. All necessary permit fees are waived for: a. Steel Lake Park (Friday 9/17/04 at 9:00am through Sunday 9/19/04 at 5:00pm). The dates for 2005 to be determined by mutual written agreement. b. All Parking lots in Steel Lake Park, as well as those adjacent to the Park from Saturday 9/18/04 at9am - Sunday 9/19/04 at 5pm. The dates for 2005 to be determined by mutual written agreement. 2. City assistance with a) course design!measurement, b) plan!timeline for course closure and c) plan for the placement of police and course marshals. 3. Secure and staff with public safety employees all necessary road closures and intersections during the event, including the control of spectator access to the race site, as necessary . 4. Assist by providing a communications network that links all participating City Departments (in particular the Police Dept), as well as paramedics and the participating community hospital with the Event communications network. 5. Provide and place suitable barricades, including type III barricades for all necessary road closures for both the bike and run legs of the Event that occur within Federal Way. 6. Provide and place city inventory of road cones on bike and run course. 7. Provide and place city inventory of Traffic Control Electric signboards where necessary. 8. Provide a minimum of one stage riser with stairs and railings at Finish Area (Min. 24"H X 12'W X 8'D.) 9. Provide trash receptacles (and dumpsters if available) at appropriate locations around the Event site. 10. Provide garbage pick-up at the site after the Event. 11. Sweep the roadways within the City where the bike leg takes place prior to the event. 12. Prep and clean the beach the evening before the race. 13. Assist with the measurement of the swim course and the placement of Promoter-supplied buoys. 14. Provide sufficient amount oflifeguards (approximately 1 per 33 entrants with a minimum of 12), and watercraft for the swim portion of the event. 15. Provide electrical connections at appropriate locations e.g., stage at the post-race party, beach, park area, finish area. 16. Provide sufficient vans or minibuses for volunteer movement on race day. PROMOTIONS & PUBLIC RELATIONS 1. Assistance in recruiting Promoter volunteers and competitors by including information about Promoter on the City of Federal Way web site and in City advertising and publications/newsletters where appropriate. ) ( ) 2. Assist in informing the community about the Promoter to minimize any inconveniences to the public and local businesses and to encourage community involvement. 3. Promote the Promoter and the City's involvement with the Promoter through City generated press releases. 4. Assist in obtaining use of the Truman High School parking facilities if available. 5. Assist in obtaining use of the Weyerhaeuser-King County Aquatic Center meeting space, if available. Official Logos Reebok(7i1'CI TRIATHLON SERIES ,. E",~. ~ MEETING DATE: ~/7/¿; f ~ ITEM# . JL.L '-. CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Agreement between City and Central Puget Sound Regional Transit Authority for "Future Development of Transit Oriented Development at the Federal Way Transit Center." CATEGORY: BUDGET IMPACT: 0 CONSENT 0 RESOLUTION ~ CITY COUNCIL BUSINESS 0 ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $0.00 $ $ """'.."'.."'..'-.......... ATTACHMENTS: Proposed Agreement; Staff Memorandum to Land Use and Transportation Committee; Summary of agreement presented at LUTC meeting; existing 7/01 Agreement between City and Transit Authority, and legislative record for 7/01 Agreement. ....................-....... SUMMARYIBACKGROUND: The proposed Agreement will implement provisions in the 7/01 Agreement for the City and Sound Transit to execute a subsequent Agreement outlining the responsibilities of the parties to identify and construct an appropriate transit oriented development (TaD) on the transit center site. ""'"""""'.""""".................."",,, CITY COUNCIL COMMITTEE RECOMMENDATION: Forward the agreement to full Council for additional discussion and decision. .............................-....... PROPOSED MOTION: "I move to authorize the City Manager to enter into the proposed Agreement between the City and the Central Puget Sound Regional Transit Authority pertaining to future transit oriented development on the transit center site." ~;:~~~~ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED '" /, 00 TABLED/ÐEFERRE1),(þJO '~ÁCTION fD ~ /1/04- Ù MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/1012001 ~ CITY OF '\\\Tif>"Yo/$\A~&"":",,,.ßr Federal Way MEMORANDUM TO: City Council Land Use and Transportation Committee FROM: Kathy McClung, Director of CommunitY. Development Services ~ Lori Michaelson, AICP, Senior ~lann~ David H. Moseley, City Mana~ ~ January 12, 2004 VIA: DATE: SUBJECT: Proposed Agreement between the City and Puget Sound Regional Transit Authority pertaining to future Transit Oriented Development (TOD) opportunities on Transit Center site. I. BACKGROUND The attached proposed Agreement has been prepared by City staff, in conjunction with Sound Transit, in order to provide opportunities for future "transit oriented development" (TOD) on the transit center site, and within certain timeframes related to occupancy of the completed transit center. The Agreement was contemplated in a previously approved Agreement between the partiesl (AG #01-99, attached, along with the legislative record approving the agreement), wherein Sound Transit voluntarily agreed (among other things) to design the transit center project and work cooperatively with the City to allow future TOD opportunities on the site, consistent with applicable policies and regulations of Sound Transit, the Federal Transit Administration, and the City of Federal Way. lThe July 9,2001 Agreement between the City and Sound Transit (AG #01-99, attached) established the intent of the Parties to provide future TOD opportunities on the site. In addition it addressed on and off-site transportation improvements, stormwater management, project design, and mitigation of project impacts related to the transit c,enter project. 3) The proposed Agreement establishes a process to obtain a TOD developer(s); clarifies the responsibilities of the Parties in this effort; and provides contingencies in the event a developer(s) is not found or a project is not initiated within certain timeframes. The Agreement also addresses TOD-related landscaping and pedestrian amenities. The overall transit center project site includes approximately 6.9 acres. Two separate areas within the overall site have been set aside for future transit oriented development (TOD). These areas are identified and delineated in the Agreement and also reflected in the transit center building permit, currently under review by City staff. These include an approximate 30,800 square foot (SF) area, described in the Agreement as the "East TODProperty", and an approximate 21,700 SF area described as the "West TOD Property." Collectively the two areas are referred to in the Agreement as "the TOD Properties." II. KEY POINTS IN AGREEMENT 1) Definition of rOD A definition of "transit oriented development" (TOD) is provided in the Agreement and TOD proposals will be reviewed for consistency. The definition allows for a variety of uses, such as retail, office, service, residential, and other code-permitted uses that create an "active, functional and aesthetic pedestrian streetscape for purposes of separating the design and function of a parking structure from the public right-of-way and pedestrian areas," and may support transit center patrons and/or the larger City Center consumer base. 2) rOD Development Opportunities a. The Agreement provides that Sound Transit will utilize it's best efforts, in consultation with the City, to obtain a qualified developer(s) who agrees to develop the TOD Properties within five (years) of occupancy. b. If Sound Transit's good faith efforts are not successful, Sound Transit will issue a Request for Proposals (RFP) at least twelve (12) months prior to anticipated occupancy of the transit center, at it's sole expense and in consultation with City; and the City may manage the RFP upon request to Sound Transit. Conveyance ofTOD Properties to City a. Ifa TOD developer(s) is not found within eighteen (18 months) of occupancy, or a developer is on board but construction has not commenced within five years of occupancy, Sound Transit will convey the "West TOD Property" to the City, and the City may exercise an option to purchase the "East TOD Property." Sound Transit will retain pennanent utility, access, and signage easements over, across, and through properties conveyed to the City, and/or purchased by City, and the purchase price for the east TOD is established as Sound Transit's original purchase price less the value of the easements. No conveyance shall be required prior to eighteen (18) months after occupancy. 4) Landscaping of TOD Properties v Exhibit "Á" to the Agreement describes the landscaping that must be provided on the TOD Properties concurrent with occupancy of the transit center/parking structure. This can be considered "interim" landscaping of the TOD Properties, pending their future development. The intent of the interim landscaping is to maintain project aesthetics and site safety by providin&2Yisual relief while maintaining clear sight lines across the site. Exhibit ';$" describes the "penn anent" landscaping and pedestrian amenities which must ultimately be provided within the TOD Properties concurrent with TOD development or, absent such development, it shall be installed by Sound Transit no later than five years after occupancy, plus three months to allow for submittal and review of the landscape plan. The pennanent landscaping will provide additional trees, shrubs, and pedestrian amenities. III. SUMMARY AND RECOMMENDATION As noted above, the proposed TaD Agreement is consistent with the policies and regulations of Sound Transit, the Federal Transit Administration, and the City of Federal Way. In particular, the Agreement will promote a number of Federal Way Comprehensive Plan (FWCP) goals and policies for future urban-scale development and densities in the City Center. The TOD Agreement was also contemplated in a previous 200 1 Agreement between the parties (AG #01-99, attached) and in the City's recent approval ofthe Federal Way Transit Center. Staff recommends that the City Council authorize the Agreement to provide for future TOD opportunities on the Transit Center site. APPROVAL OF COMMmEE REPORT: Jack Dovey,Chair Michil~1 Park, Member ,"\~' ' Eric Faison/Member Attachments: Transit Oriented Development Agreement 2001 lnterlocal Agreement (AG #01-99) and legislative record approving the Agreement SUMMARY OF AGREEMENT (2 PAGES) PRESENTED BY STAFF AT LUTC MEETING 1/12/04 TRANSIT ORIENTED DEVELOPMENT (TOD) AGREEMENT CITY AND CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY DRAFT 1/ /S{ð (- PURPOSE OF AGREEMENT -PROVIDE A FRAMEWORK FOR TOD DEVELOPMENT TO OCCUR ON THE TRANSIT CENTER PROPERTY IN TWO AREAS SET ASIDE FOR SUCH DEVELOPMENT ("WEST" AND "EAST" TOD PROPERTIES). -IDENTIFY RESPONSIBILITIES OF THE PARTIES AND ASSOCIA TED TIMEFRAMES. KEY COMPONENTS -IDENTIFIES SPECIFIC ACTIONS WHICH MUST BE UNDERTAKEN BY SOUND TRANSIT TO OBTAIN A DEVELOPER WHO WILL DEVELOP THE TOD PROPERTY WITHIN FIVE YEARS OF OCCUPANCY OF THE TRANSIT CENTER. -ADDRESSES LANDSCAPING OF THE TOD PROPERTIES UNTIL DEVELOPED. -IF NO DEVELOPMENT OF "WEST TOD", IT WILL BE CONVEYED TO CITY. -IF NO DEVELOPMENT OF "EAST TOD", CITY CAN PURCHASE IT, BUT CITY IS NOT OBLIGATED TO DO SO. TRANSIT ORIENTED DEVELOPMENT (TOD) AGREEMENT KEY RESPONSIBILITIES & TIMING (1 ) MORE THAN TWELVE MONTHS BEFORE OCCUPANCY Sound Transit will exert its best efforts, in consultation with the City, to obtain qualified developer(s) who will agree to develop the "TOO Properties" within five years of occupancy. (2) TWELVE MONTHS BEFORE OCCUPANCY If developer(s) not obtained, Sound Transit shall issue a Request for Proposals (RFP). Sound Transit bears expense of RFP process; consults with City on RFP; and City can manage RFP upon request. (3) AT TIME OF OCCUPANCY Sound Transit will install "interim" landscaping of TOO properties (Ex. C). (4) EIGHTEEN MONTHS AFTER OCCUPANCY If no TOO developer on board, Sound Transit will convey "West TOO" to City, and City may exercise option to purchase "East TOO". (5) FIVE YEARS AFTER OCCUPANCY If developer on board but construction not begun, same as #4, above ("West TOO" conveyed to City and City may purchase "East TOO"). Also Sound Transit must install "permanent" landscaping (Ex. D), allowing a 3- month plan review period before installing. (6) LANDSCAPING OF TOD PROPERTIES AT TIME OF TOD DEVELOPMENT Landscaping requirements for TOO properties concurrent with TOO development will be applied per City Code requirements. PROPOSED AGREEMENT BETWEEN THE CITY AND PUGET SOUND REGIONAL TRANSIT AUTHORITY PERT AINING TO FUTURE TRANSIT ORIENTED DEVELOPMENT OPPORTUNITIES ON THE TRANSIT CENTER SITE AGREEMENT BETWEEN @fJ/iJ~r f/¡ViJy: . CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY AND THE CITY OF FEDERAL WAY FOR FUTURE DEVELOPMENT OF TRANSIT ORIENTED DEVELOPMENT AT THE FEDERAL WAY TRANSIT CENTER THIS AGREEMENT is made and entered into this day of , 2003 by and between the CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY ("Sound Transit") and the CITY OF FEDERAL WAY ("City"), a municipal corporation, (hereinafter collectively, the "Parties"), regarding the development of a transit center project ("Project"). RECIT ALS WHEREAS, Sound Transit is a duly organized regional transit authority existing under Chapters 81.104 and 81.112RCW and has all powers necessary to implement a high capacity transportation system and has the power to contract pursuant to RCW 39.33.050; and WHEREAS, the City is a municipal corporation organized under Chapter 35A RCW and has all powers necessary to supply municipal services commonly or conveniently rendered by cities and towns; and WHEREAS, the Parties have authority under RCW 39.34 to enter into an interlocal agreement to jointly and cooperatively exercise their powers and under RCW 39.33 to dispose of real property; and WHEREAS, central Puget Sound area voters approved local funding for Sound Move, Sound Transit's ten-year regional transit plan and such plan includes light rail, commuter rail, and regional express buslhigh occupancy vehicle systems that will be integrated with local transit systems; and WHEREAS, on November 26, 2002, Sound Transit submitted a master land use application for development of the Federal Way Transit Center, an Essential Public Facility/Class I, which includes a transit platform with up to 14 bus bays and bus layover Sound Transit / City of Federal Way MOA Federal Way Transit Center / Parking Structure K:\Sound Transit\TOD Agreement 12.08.03 (final) areas, a parking garage for up to 1,200 stalls on up to five levels, a pedestrian bridge, passenger amenities, roadway improvements, landscaping and public art, application number 02-105-346, hereafter the "Project".; and WHEREAS, the Project is located in the City on approximately seven acres of property at the southwest comer of South 3l6th Street and 23rd Avenue South and legally described in Exhibit "A", attached and incorporated herein; and WHEREAS, on December 23, 2002, the City deemed the Project application complete pursuant to Federal Way City Code ("FWCC" or "City Code") 22-434; and WHEREAS, on September 26, 2001, a NEPA Environmental Assessment ("EA") was issued for the Project and Sound Transit, asìhe lead agency, adopted the EA and issued a Detennination of Nonsignificance ("DNS") on March 6, 2002, and this detennination was subsequently upheld on appeal by the King County Superior Court on March 17, 2003; and WHEREAS, the City approved the Project in a final decision issued by the Federal Way City Council on November 18,2003 as indicated in Resolution No. 03-404; and WHEREAS, pursuant to FWCC 22-1, the Project is classified as an Essential Public Facility/Class I (regional transportation facility/transit center) and is, therefore, subject to the review criteria described in FWCC 22-946.1(b) and is not subject to the specific regulations described in the underlying City Center-Core zone; and WHEREAS, Sound Transit and the City executed an agreement on July 9, 2001 as filed with the City under AG 01-99, whereby Sound Transit agreed, in part, to voluntarily design the Project to provide an opportunity for transit oriented development ("TOO") consistent with applicable policies and regulations of Sound Transit, the Federal Transit Administration, and the City; and. WHEREAS, the Sound Transit Board of Directors has adopted TOD policies with Motions No. 98-25 and M99-60, encouraging the development of transit supportive development at transit hubs; and WHEREAS, consistent with its voluntary commitment to provide future TOD development opportunities, Sound Transit identified "potential future transit oriented development" areas on the Project site plan; and WHEREAS, the Parties desire to clarify their respective commitments for future TOD adjacent to the Project site by this Agreement and acknowledge that any future TOD that may occur adjacent to the Project site will be evaluated separately from the Project application process for appropriate pennits and environmental review under the State Environmental Policy Act and is not a part of the current review process for the Project. Sound Transit I City of Federal Way MOA Federal Way Transit Center I Parking Structure K:\Sound Transit\TOD Agreement 12.08.03 (final) 2 NOW THEREFORE, in consideration of mutual promises and covenants herein contained in this Agreement, Sound Transit and the City agree as follows: 1.0 1.1 1.2 1.3 1.4 2.0 2.1 AGREEMENT DEFINITIONS Transit Oriented Development ("TOO"): In the context of this Agreement, the tenn TOD represents those uses consistent with requirements of FWCC 22-1634 through 22-1637, 22-1638(c), and 22-1639, for ground floor activities along street frontages associated with the Project and Sound Transit's TOD policies as provided in Sound Transit Board Motions 98-25 and M99-60. Such activities may include but are not limited to retail, office, service and other allowed uses that create an active, functional and aesthetic pedestrian streetscape for purposes of separating the design and function of a parking structure from the public right- of-way and related pedestrian areas. TOD activities contemplated by City Code may also be intended for use by a larger city center consumer base. East TOO Property: That area as depicted on Exhibit "B" consisting of approximate1y30,834 square feet and intended for future TOD uses. West TOO Property: That area as depicted on Exhibit "B" consisting of approximately 20,669 square feet and intended for future TOD uses. TOO Properties: Refers to the East and West TOD Property collectively. TOO DEVELOPMENT RESPONSIBILITIES Procedures A. Sound Transit shall design and construct the Project consistent with the final plans and approvals issued by the City to allow development of future TOD opportunities on the TOD Properties and pursuant to applicable City Code requirements. B. Subsequent to issuance of a final decision approving the Project with tenus and conditions acceptable to Sound Transit, Sound Transit shall exert its best efforts, in consultation with the City, to obtain a qualified developer(s) who will agree to develop the TOD Properties within five (5) years of occupancy of the Project, consistent with Sound Transit's adopted policies for TOD development. In the event that Sound Transit detennines, in its sole judgement, that a qualified TOD developer cannot be obtained Sound Transit / City of Federal Way MOA Federal Way Transit Center / Parking Structure K:\Sound Transit\TOD Agreement 12.08.03 (final) 3 2.2 through these good faith efforts, Sound Transit shall prepare and issue a Request For Proposals ("RFP"), at its sole expense and in consultation with the City, for development of the TOO Properties consistent with all applicable federal, state and local policies and regulations and at least twelve (12) months prior to the anticipated occupancy of the Project. c. Sound Transit shall, within eighteen months of issuance of the Certificate of Occupancy for the Project, (1) secure a commitment from a qualified developer, who will agree to develop the TOO Properties within five (5) years of occupancy of the Project; or (2) convey the TaD Properties pursuant to Section 1.2 of this Agreement. If requested by Sound Transit, the City shall serve as lead agency for purposes of managing the RFP process. O. In conjunction with construction of the Project, Sound Transit shall design and construct utilities and pedestrian connections within the Project property in such a manner so as to allow future utility and pedestrian connections to the TOD Properties consistent with the final plans as approved by the City. E. In conjunction with the construction of the Project, Sound Transit shall prepare and submit a landscape plan for the TOO Properties consistent with Project Landscape Standards attached as Exhibit "C". In the event that Sound Transit is not able to secure a commitment from a qualified developer for the TOD Properties within eighteen (18) months of issuance of the Certificate of Occupancy for the Project, or in the event the developer does not commence construction on the TOD Property within five (5) years of occupancy pursuant to Sections 2.2 A or B, Sound Transit shall prepare and submit within twenty-one (21) months of issuance of the Certificate of Occupåncy, or within sixty-three (63) months of occupancy in the event the developer does not commence construction, a landscape plan for the TOO Properties consistent with the TOD Properties Landscape Standards attached as Exhibit "D" and incorporated by reference herein. The City shall review and approve the landscape plans expeditiously and Sound Transit shall implement the approved landscape plan pursuant to City Code as provided in the final approval issued by the City by installing the approved landscaping and improvements within 45 days of City approval, or some other timeframe as mutually agreed between the Parties. Conveyance of TOD Properties A. West TOD property Sound Transit / City of Federal Way MOA Federal Way Transit Center / Parking Structure K:\Sound Transit\TOD Agreement 12.08.03 (final) 4 In the event that Sound Transit is not able to secure a commitment from a qualified developer within eighteen (18) month.s of, issuance of the Certificate of Occupancy for the Project, who will agree to develop the West TaD Property within five (5) years of occupancy of the Project, on terms and conditions acceptable to Sound Transit in its sole judgment, or the developer does not commence construction of the TOD on the West TaD Property within five (5) years of occupancy of the Project, Sound Transit shall convey the West TOD Property to the City consistent with all applicable federal, state, and local policies and regulations for such conveyances, the tenns of this Agreement, and for valuable consideration in the fonn of the City's assurance that any future development of the West TOD Property will be consistent with the definition of TOD in this Agreement. Sound Transit shall retain pennanent utility, access, and signage easements over across and through the West TOD Property as necessary for Sound Transit's continued use and enjoyment of the Project property. B. East TOD Property In the event that Sound Transit detennines within eighteen (18) months of issuance of the Certificate of Occupancy for the Project that it is not able to secure a commitment from a qualified developer, who will agree to develop the East TOO Property within five (5) years of occupancy of the Project on tenns and conditions acceptable to Sound Transit in its sole judgment, or the developer does not commence construction of the TOD on the East TOO Property within five (5) years of occupancy of the Project, Sound Transit shall provide the City with written notification of its detennination and the City may, in its sole discretion and within ninety (90) days of such written notification from Sound Transit, exercise an option to purchase the East TOD Property consistent with all applicable federal, state, and local policies and regulations for such conveyances, the tenns of this Agreement, and for valuable consideration in the fonn of the City's assurance that any future development of the East TOD Property will be consistent with the definition of TOD in this Agreement and payment by the City to Sound Transit in the amount of Sound Transit's original purchase price, less value of pennanent utility, access, and signage easements over, across and through the East TOD Property necessary for Sound Transit's continued use and enjoyment of the Project property as mutually detennined by the Parties. c. The Parties agree that any development that is allowed to occur on the TOO Properties shall be consistent with the definition of TOD as described in this Agreement and will assure that any conveyances shall be made subject to this requirement. Sound Transit I City of Federal Way MOA Federal Way Transit Center I Parking Structure K:\Sound Transit\TOD Agreement 12.08.03 (final) 5 O. Notwithstanding any other section of this Agreement, the Parties agree that Sound Transit shall not be required to convey the TOO Properties to the City until eighteen (18) months after the Certificate of Occupancy has been issued by the City for the Project. 2.3 Additional Agreements The Parties agree to make every reasonable effort to cooperate in good faith with each other to negotiate and execute such additional agreements as may be necessary to complete the TOO Property conveyances described in this Agreement. 3.0 LEGAL RELATIONS The City and Sound Transit shall comply, and to the best of their respective abilities shall ensure, that their respective employees, agents, consultants and representatives comply with all federal, state and local laws, regulations and ordinances applicable to the work and services to be performed by each party under this Agreement. In performing work and services hereunder, the City and its employees, agents, consultants and representatives shall be acting on behalf of the City and shall not be deemed or construed to be employees or agents of Sound Transit in any manner whatsoever. Likewise, in performing work and services hereunder, Sound Transit and its employees, agents, consultants and representatives shall be acting on behalf of Sound Transit and shall not be deemed or construed to be employees or agents of the City in any manner whatsoever. Neither the City nor Sound Transit shall hold itself out as, nor claim to be an officer or employee of the other by reason hereof and will not make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the other. The City shall be solely responsible for any claims for wages or compensation by City employees, agents, and representatives, including consultants, and save and hold Sound Transit harmless therefrom; Sound Transit shall be solely responsible for any claims for wages or compensation by Sound Transit employees, agents, and representatives, including consultants, and save and hold the City harmless therefrom. . To the maximum extent permitted by law, the City agrees to indemnify and hold harmless Sound Transit and its officers, officials, employees and/or agents, from and against any and all suits, claims, actions, losses, costs, penalties and damages of whatsoever kind or nature to the extent arising out of, in connection with, or incident to any work or services required or. contemplated to be performed by the City under this Agreement, and for any failure to satisfy the City's contractual obligations under this Agreement, except to the extent caused by the negligence of Sound Transit. The City further agrees to assume the defense of Sound Transit and its officers, officials, and Sound Transit / City of Federal Way MOA Federal Way Transit Center / Parking Structure K:\Sound Transit\TOD Agreement 12.08.03 (final) 6 employees, with legal counsel acceptable to Sound Transit, which acceptance shall not be unreasonably withheld, in all legal or claim proceedings arising out of, in connection with, or incident to such work or services, and the City shall pay all defense expenses, including attorneys' fees, expert fees, and expenses and costs (collectively "defense costs") incurred directly or indirectly on account of such litigation or claims, and the City shall satisfy any judgment rendered in connection therewith. The City may settle any suit, claim, action, loss, cost, penalty, or damages, subject to the approval of Sound Transit, which approval shall not be unreasonably withheld, if such settlement completely and forever extinguishes any and all liability of Sound Transit. In the event of litigation between the Parties to enforce the rights under this Section, reasonable attorney fees shall be allowed to the prevailing party. THE CITY'S INDEMNIFICATION OBLIGATION HEREIN SHALL INCLUDE, BUT IS NOT LIMITED TO, ALL CLAIMS AGAINST SOUND TRANSIT BY AN EMPLOYEE OR FORMER EMPLOYEE OF THE CITY OR ITS CONSULTANT, AND, AFTER MUTUAL NEGOTIATION WITH SOUND TRANSIT, THE CITY EXPRESSLY W AlVES ALL IMMUNITY AND LIMITATION ON LIABILITY UNDER ANY INDUSTRIAL INSURANCE ACT, INCLUDING TITLE 51 RCW, OTHER WORKER'S COMPENSATION ACT, DISABILITY BENEFIT ACT, OR OTHER EMPLOYEE BENEFIT ACT OF ANY JURISDICTION THAT WOULD OTHERWISE BE APPLICABLE IN THE CASE OF SUCH CLAIM. To the maximum extent pennitted by law, Sound Transit agrees to indemnify and hold hannless the City and its officers, officials, employees and/or agents, from and against any and all suits, claims, actions, losses, costs, penalties and damages of whatsoever kind or nature to the extent arising out of, in connection with, or incident to any work or services required or contemplated to be perfonned by Sound Transit under this Agreement, and for any failure to satisfy Sound Transit's contractual obligations with respect to the Project and/or under this Agreement, except to the extent caused by the negligence of the City. Sound Transit further agrees to assume the defense of the City and its officers, officials, and employees, with legal counsel acceptable to the City, which acceptance shall not be unreasonably withheld, in all legal or claim proceedings arising out of, in connection with, or incident to such work or services, and Sound Transit shall pay all defense expenses, including attorneys' fees, expert fees, and expenses and costs (collectively "defense costs") incurred directly or indirectly on account of such litigation or claims, and Sound Transit shall satisfy any judgment rendered in connection therewith. Sound Transit may settle any suit, claim, action, loss, cost, penalty, or damages, subject to the approval of the City, which approval shall not be unreasonably withheld, if such settlement completely and forever extinguishes any and all liability of the City. In the event of litigation between the Parties to enforce the rights under this Section, reasonable attorney fees shall be allowed to the prevailing party. SOUND TRANSIT'S INDEMNIFICATION OBLIGA nON HEREIN SHALL INCLUDE, BUT IS NOT LIMITED TO, ALL CLAIMS AGAINST THE CITY BY AN Sound Transit I City of Federal Way MOA Federal Way Transit Center I Parking Structure K:\Sound Transit\TOD Agreement 12.08.03 (final) 7 EMPLOYEE OR FORMER EMPLOYEE OF SOUND TRANSIT OR ITS CONSULTANT, AND, AFTER MUTUAL NEGOTIATION WITH SOUND TRANSIT, SOUND TRANSIT EXPRESSLY WAIVES ALL IMMUNITY AND LIMITATION ON LIABILITY UNDER ANY INDUSTRIAL INSURANCE ACT, INCLUDING TITLE 51 RCW, OTHER WORKER'S COMPENSATION ACT, DISABILITY BENEFIT ACT, OR OTHER EMPLOYEE BENEFIT ACT OF ANY JURISDICTION THAT WOULD OTHERWISE BE APPLICABLE IN THE CASE OF SUCH CLAIM. 4.0 4.1 DISPUTE RESOLUTION Sound Transit and the City will work collaboratively to resolve disagreements arising from activities performed under this Agreement. Disagreements will be resolved promptly and at the lowest level of hierarchy. The services of a mediator may be used to assist with resolution. The following is a guide intended to resolve the maximum number of issues at the lowest organizational level. A. The Designated Representatives, as identified in this Agreement, shall communicate regularly to discuss the status of the task to be performed and to resolve any issues or disputes related to the successful performance of this Agreement. The Designated Representatives will cooperate in providing staff support to facilitate the performance of this Agreement and the resolution of any issues or disputes arising during the tenn of this Agreement. B. Each Designated Representative shall notify the others in writing of any problem or dispute that the Designated Representative believes should be resolved. The Designated Representatives shall meet within five (5) business days of receiving the written notice in an attempt to resolve the dispute. . c. In the event the Designated Representatives cannot resolve the dispute, the Sound Transit Director of Regional Express or hislher designee and the City's Director of Community Development Services or hislher designee shall meet and engage in good faith negotiations to resolve the dispute. D. In the event the Directors cannot resolve the dispute, the Sound Transit Executive Director or designee and the City Manager or designee shall meet and engage in good faith negotiations to resolve the dispute. The Parties agree that they shall have no right to seek relief under this Agreement in a court of law until and unless each of these procedural steps is exhausted. Sound Transit / City of Federal Way MOA Federal Way Transit Center / Parking Structure K:\Sound Transit\TOD Agreement 12.08.03 (final) 8 5.0 MISCELLANEOUS PROVISION 5.1 Termination Unless extended by mutual written agreement, this Agreement shall terminate upon satisfactory completion of all the responsibilities described in this Agreement, or upon conveyance of the TOD Properties as described in this Agrccment, whichever shall occur last. 5.2 Notice All notices or requests required or pem1itted under this Agreement shall be in writing, shall be personally delivered or sent by certified mail, retum receipt requested, postage prepaid, or by facsimile transmission and shall be deemed given three (3) days following the date when mailed or on the date when delivered or faxed (provided the fax machine has issued a printed confinnation of receipt). All notices or requests shall be sent to the City and Sound Transit's Designated Representatives addressed as follows: To the City: City of Federal Way Attn: Kathy McClung, Director of Community Development Services 33530 First Way South Federal Way, W A 98003-6221 (253) 661-4107 (253) 661-4129 Address: Phone: Fax: To Sound Transit: Sound Transit Attn: Dan Eder, Project Manager 401 S. Jackson Street Seattle, W A 98104-2826 (206) 398-5024 (206) 398-5215 Address: Phone: Fax: Each Party shall notify the other, in writing, of a change in the Party's respective Designated Representati ve. 5.3 Assignment Neither Sound Transit nor the City shall assign any interest, obligation, or benefit in this Agreement or transfer any interest in the same, whether by assignment or novation, without prior written consent of the other; provided, however, that claims for money due or to become due to the City from Sound Transit under this Agreement may be assigned Sound Transit I City of Federal Way MOA Federal Way Transit Center I Parking Structure K:\Sollnd Transit\TOD Agreement 12.08.03 (final) 9 to a bank, trust compan)', or other !ìnancial institution \\ithout such approval. \'oticc or any such assignment ar claims for mone)' due ar ta become due ta the City shall be rurnished promptly to Sound Transit. 5.4 Recording This Agreement shall be recorded with the Real Propel1y Recards Di\"ision or the King County Records and Elections Department and shall be binding and inure to the benefìt of the parties and their successors in interest. 5.5 Governing Law This Agreement and all provisions hereof shall be interpreted in accordance with the laws of the State of Washington. 5.6 Severability If any of the tenns or provisions of this Agreement are detennined to be invalid, such invalid tem1 or provision shall not affect or impair the remainder of this Agreement, but such remainder shall continue in full force and effect to the same extent as though the invalid tenn or provision were not contained herein. 5.7 \Var-ranty of Right to Enter into Agreement The City and Sound Transit each warrant that it has the right to enter into this Agreement and that the person signing this Agreement has authority to bind such person's respective entity. 5.8 Exhibits All exhibits referenced in and attached to this Agreement are incorporated herein, except to the extent otherwise provided herein. 5.9 Entire Agreement This Agreement represents the entire agreement of the Parties with respect to all matters referenced herein. Sound Transit / City of Federal Way MOA Federal Way Transit Center / Parking Structure K:\Sonnd Transit\TOD Agreement 12.08.03 (final) 10 CENTRAL PUGET SOC:\[) REGIONAL TRANSIT AUTHORITY ("SOUND TRANSIT") --------- - ---__n__- --- Namc ----------- Titlc Date Approved as to Conn: Sound Transit Legal Counsel Sound Transit / City of Federal Way MOA Federal Way Transit Center / Parking Structure K:\Sound Transit\TOD Agrccment IL08.03 (final) CITY OF FEDERAL \\"A Y: --------------- ----------------------- - --- David 1-1. Moseley, City Manager m__-_n_--- ---------- --------- --- Date Attest: N. Christine Green, CMC Approved as to [orn1: City Attorney, Patricia A. Richardson II Exhibit A Existing Parcel Legal Description: KING COUNTY SHORT PLAT 1802027 Tax Parcel No. 092104-9021 Lot I of King County Short Plat No. 182027, according to short plat recorded March 14, 1984 under Recording No. 8403140752, in King County, Washington. Tax Parcel No. 092104-9057 Lot 2 of King County Short Plat No. 182027, according to short plat recorded March 14, 1984 under Recording No. 8403140752, in King County, Washington. KING COUNTY SHORT PLAT 480019R Tax Parcel No. 92104-9176 Lot 2 of King County Short Plat No. 480019R, according to short plat recorded April 28, 1980 under Recording No. 8004280455, in King County, Washington; Except that portion conveyed to the City of Federal Way, for road, by deed recorded under Recording No. 20001215001690. Except that portion conveyed to the City of Federal Way, a Washington Municipal Corporation, under statutory warranty deed recorded December 18, 2002, under Recording No. 20021218002306. . Tax Parcel No. 092104-9298 Lot 3 of King County Short Plat No. 4800 19R, according to short plat recorded April 28, 1980 under Recording No. 8004280455, in King County,Washington; Except that portion conveyed to the City of Federal Way by deeded recorded under Recording No. 20010323001260. Tax Parcel No. 092104-9299 Lot A of King County Short Plat No. 4800 19R, according to short plat recorded April 28, 1980 under Recording No. 8004280455, in King County, Washington. Except that portion conveyed to the City of Federal Way by deed recorded under Recording No. 20000807001155. Also except that portion conveyed to the City of Federal Way by deed recorded under Recording No. 20020724000972. Sound Transit / City of Federal Way MOA Federal Way Transit Center / Parking Structure K:\Sound Transit\TOD Agreement 11.20.03 (final) ~._' ----- i j ì --"---'-----_.~; I;hl--¡ , ~.~ '. VI ~ II ! ~~ - . x"'-' ~¡ wtj -d. .. .J þ j ~~ ~ [3« .: ~¡;: !J ...>- 1 i7>~ u -~ .. g~ I e~ ~= ti '------------- " - - ,"'.' ~ ........ .~ ~ .~ ~ ~ ~ --------, ----- ~ ~ i Q S i ¡ . ., "I I ¡ if J I : . I ~ ¡ . I I ¡~' , i ¡ _Ì-._'--:::-':'_-~=7'-'.-=-=-I- =-==f"-"" , --l .' . . .el -Ç::' . I ~ ',' '~~ ~ " ,_m'l.J . ~ 0 ~ I tL ~E-<E I ø.. '-', " --~..- .,---, ", ',If II~' "-It=',-==:,;- , :' . . . . " r;¡ l::>VHI/ . ~7---------___~--,4,_~*II,~.~- ç--~-;;.:JI I./" V : J I \ , .s:: I~ 'w t;.1 ~ ~ II .. ~~~~! ;~. ~~.~~~¡,~, :.~' ;~,;.;~ ~~~~;~Rfš.t~~~~7: ~,::;:,~':'~~i~~~;:~~~~1~~~~¡ " Exhibit C Project Landscape Standards INTRODUCTION The Project is located at the southwest comer of South 316th Street and 23rd Avenue South, and is approximately 6.9 acres in size. The Project will include up to 14 bus bays, up to 1,200 stalls, bus layover areas, passenger boarding areas, operator restrooms and public restrooms, street improvements, and public art. DESIGN INTENT Context-sensitive landscaping is used throughout the project. Planting beds and landscape planters appropriate to screen facades and to delineate and enhance pedestrian areas are used around the foundation of the garage, sidewalks, plazas, and transit center areas, while an "open area" planting scheme is used in future TOD Property. PEDESTRIAN SCALE LANDSCAPING The sidewalks and plazas surrounding and adjacent to the Project combine to provide a linear theme of movement throughout the Project. Sidewalks along the east-west and north-south axes of the Project and along South 316th Street are delineated by distinct paving and scoring, and connect to plazas containing seating, scored and colored concrete, lighting, trash receptacles, bicycle racks, public art elements, and plantings. These features combine to create an organized, safe, and attractive sequence of pedestrian linkages and amenities throughout the Project. Sidewalks and plazas will be accented with pedestrian-scale landscaping typical to urban pedestrian areas, including architectural landscape planters, and structured, ornamental trees and shrubs that preserve sight lines into pedestrian areas. FACADE SCREENING Planting areas on the east and west facades of the parking structure are designed to meet Federal Way City Code (FWCC) Sec. 22-1565(c), Type III "visual buffer" landscape requirements, and include a variety of evergreen and deciduous trees interspersed with large shrubs and groundcover sufficient to soften the appearance of building elevations. . FUTURE TRANSIT ORIENTED DEVELOPMENT PROPERTIES The landscaping design for the TOD Properties is intended to be passive in character. Interim landscaping in the TOD Properties will provide visual relief and shading while maintaining clear sight lines across the site. Sod will be provided throughout the TOD Properties and will be punctuated by deciduous trees at one tree per 3,500 square feet (a total of 15 trees) to create a passive, yet enjoyable, experience for both transit patrons and pedestrians. The interim landscaping will not be permanently irrigated; instead, Sound Transit will utilize temporary irrigation methods to properly maintain the sod and trees. Sound Transit / City of Federal Way MOA Federal Way Transit Center / Parking Structure K:\Sound Transit\TOD Agreement 11.20.03 (final) Exhibit D TOD Properties Landscape Standards FUTURE TRANSIT ORIENTED DEVELOPMENT PROPERTIES The TOD Properties will be designed to meet the City's "Open Area" landscaping requirements and provide an interim, infol1l1al "park like" setting for the use and enjoyment of transit center patrons and the public. Landscaping in the TOO Properties will provide visual relief and shading while maintaining clear sight lines across the site. The TOO Properties shall provide full expanses of lawn punctuated with plantings with no unfinished areas. The East TOD Property shall include a total of 20 trees (including 9 previously installed) surrouqded by compact shrubs, and pedestrian amenities including two benches placed at appropriate locations in relationship to other site improvements and with pedestrian linkage between benches and adjacent pedestrian areas. The West TOD Property shall include 10 trees (including 6 previously installed) surrounded by compact shrubs. All lawn areas will be irrigated, but xeriscape techniques are encouraged and trees and shrubs may be grouped to minimize irrigation while maintaining the landscape intent. Sound Transit / City of Federal Way MOA Federal Way Transit Center / Parking Structure K:\Sound Transit\TOD Agreement 11.20.03 (final) JULY, 2001 AGREEMENT (AG #01-99) BETWEEN THE CITY AND PUGET SOUND REGIONAL TRANSIT AUTHORITY FOR DEVELOPMENT OF A TRANSIT CETNER, PARKING STRUCTURE AND FREEWAY ACCESS; AND LEGISLATIVE RECORD APPROVING THE AGREEMENT ~~l~~~ AGREEMENT BETWEEN CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY AND THE CITY OF FEDERAL WAY FOR DEVELOPMENT OF A TRANSIT CENTER, PARKING STRUCTURE AND FREEWAY ACCESS THIS AGREEMENT is made and entered into this day of ,2001 by and between the CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY ("Sound Transit"), 401 S. Jackson Street, Seattle, Washington 98104 and the CITY OF FEDERAL WAY, ("City"), a municipal corporation, hereinafter collectively, the "Parties", regarding the development of a transit center, parking structure and fi-eeway access. RECIT ALS WHEREAS, Sound Transit is a duly organized regional transit authority existing under Chapters 81.104 and 81.112 RCW and has all powers necessary to implement a high capacity transportation system and has the power to contract pursuant to RCW39.33.050; and WHEREAS, the City is a municipal corporation organized under Chapter 35A RCW and has all powers necessary to supply municipal services commonly or conveniently rendered by cities and towns, and the City maintains a system of streets within its corporation boundaries; and WHEREAS, Sound Transit and the City have authority under RCW 39.34 to enter into an interlocal agreement to jointly and cooperatively exercise their powers; and WHEREAS, the central Puget Sound area voters approved local funding for Sound Move, Sound Transit's ten-year regional transit plan and such plan includes light rail, commuter rail, and regional express bus/high occupancy vehicle ("ROV") system that will be integrated with local transit systems; and Sound Transit / City of Federal Way MOA Federal Way Transit Center / Parking Structure ORI G\NAL " WHEREAS, Sound Move includes four projects in the City of Federal Way area: Federal Way Transit Center, Star Lake and Other Federal Way Park and Ride, 1-5 @320th, and 1- 5 @272nd Projects; and WHEREAS, Sound Transit Board of Directors, under Motion No. 2000-77 authorized renaming the Federal Way Transit Center Project the Federal Way Transit Center I Parking Structure Project, authorized re-allocation of budget from t):1e 1-5 @320th, 1-5 @272nd and Star Lake I Other Federal Way Park-and-Ride Projects to the Federal Way Transit Center / Parking Structure Project, and established a new project budget of 30.6 Million Dollars; and WHEREAS, Sound Transit has been working closely with the City of Federal Way, City of Kent, the Washington State Department of Tran§portation and King County on the preliminary design and alternative evaluation of,the projects, and has selected a staff preferred alternative which includes a transit center and a 1200-stall parking structure at the southwest comer of S. 316th Street and 23rd Avenue S., and a direct access ramp at S. 317th Street; and WHEREAS, Sound Transit has prepared a preliminary Environmental Assessment documenting the environmental effects ofthe Federal Way Transit Center / Parking Structure and the 1-5 @320th, where the transit center and parking structure component will be referred to hereinafter as the "Project"; and WHEREAS, preliminary design infonnation and environmental data have been shared with the City and displayed in public meetings; and WHEREAS, the City has expressed its support of the preliminary design for the Project; and WHEREAS, the Sound Transit Board of Directors has adopted a Transit Oriented Development Policy with Motion No. 98-25, encouraging the development of transit supportive development at transit hubs; and WHEREAS, the City is willing to allow the use of a certain regional detention pond downstream of the Project site for the Project's storrnwater detention purpose in exchange for Sound Transit's attempts to preserve space within the Project site for a future transit- oriented development; and WHEREAS, the City is in the process of implementing a street improvement project on 23rd Avenue S. in the vicinity of the Project; and' WHEREAS, accelerating a portion of the Project to coincide with the City's 23rd Avenue S. street improvemènts would be financially advantageous and minimize construction impacts to the public, and Sound Transit / City of Federal Way MOA Federal Way Transit Center / Parking Structure 2 WHEREAS, Sound Transit is required to obtain various approvals ITom the City prior to constructing the Project; and WHEREAS, Sound Transit is required to obtain the approval from State and Federal agencies for constructing the Project; and WHEREAS, the City and Sound Transit wish to ensure adequate analysis of the potential environmental effects of the Project and the mitigation of any such effects, and wish to facilitate the future development of a transit-oriented development within and adjacent to the proposed transit center I parking structure if possible; and NOW THEREFORE, in consideration of mutual promises and covenants herein contained in this Agreement, Sound Transit and the City agree as follows: AGREEMENT I. SOUND TRANSIT RESPONSIBILITIES 1.1 Project Design 1.1.1 Transportation Improvements Sound Transit will include in the Project's design, and in the Environmental Assessment's project description, a description of required mitigation measures to include the following: A new traffic signal at the intersection of23rd Avenue S. and S. 316th Street, to ensure adequate pedestrian access to the tran.sit center and parking structure. A new traffic signal at the intersection of 23rd Avenue S. and S. 317th Street, to ensure access and egress ITom the transit center and parking structure. 23rd Avenue S. frontage improvements to the Project site between S. 3l6th Street and S. 320th Street related to the Project as required by the Federal Way City Code. A future asphalt overlay of S. 317 Street pavement east of 23rd Avenue S. to address accelerated pavement wear as the result of additional traffic ITom the Project. In the event that the transit center and parking structure are completed before the new ramps are connected to 1-5 at S. 31 ih Street, interim measures will be taken sufficient to mitigate impacts arising or resulting ITom operation of the transit center and parking structure in the absence of the ramps. Sound Transit / City of Federal Way MOA Federal Way Transit Center / Parking Structure 3 " 1.1.2 Stoimwater Management Sound Transit will include in the Project's design and will construct a stormwater treatment and detention system which meets the requirements of the Federal Way City Code (and the King County Surface Water Design Manual as incorporated therein), and which includes: (a) an on-site storm water treatment facility capable of treating the runoff from the Project site and from the widening of that portion of23rd Avenue S. draining to the Project site; and (b) an on-site underground stormwater detention facility capable of detaining two-acre feet of runoff; (c) a conveyance system sufficient to transport runoff from the Project site in excess of two-acre feet, runoff from 23rd Avenue S. Project site, and runoff from any future transit-oriented development on the Project site to the City's stormwater conveyance system downstream to the Project site. The on-site stormwater treatment facility will not provide treatment capacity for runoff from a future transit oriented development. To the extent possible, the on-site stormwater treatment and detention facility shall be sited in such a manner as to preserve sufficient space to enable future construction of a transit-oriented development on land adjacent to 23rd Avenue S. between S. 31ih and S. 316th Street. With respect to the stormwater detention, treatment and conveyance facilities described in this Paragraph, Sound Transit agrees to indemnify and hold the City harmless from any cost increases or damage claims of third parties pursuant to Section III of this Agreement. 1.1.3 Feasibility Analysis of Transit-Oriented Development ("TOD") / Agreement A. Sound Transit shall design the parking structure to include such ground-level retail and/or other transit-oriented development as consistent with and as required by the City Code. B. Sound Transit and the City will prepare and execute an agreement outlining a cooperative effort to identify an appropriate development that could be placed on the Project site and complements the transit center and parking structure. C. The agreement will also outline a potential approach whereby the Parties would identify a TOD developer and offer an opportunity to contract for developing a TOD consistent with Sound Transit Board, Federal Transit Administration ("FT A") and City policies and appropriate laws and regulations. D. The Parties agree that if Sound Transit enters an agreement with a TOD developer that requires the developer to make payment(s) for use of the property, the income will be divided between Sound Transit and the City in proportion to each respective agency's contribution or credit toward the TaD after deduction of any grant related repayment, if any. Sound Transit / City of Federal Way MOA Federal Way Transit Center / Parking Structure 4 " E. The Parties acknowledge that any TOD development at the property may be subject to FederalTransit Administration review and approvaL 1.2 Environmental Review Sound Transit will respond to agency comments and submit the Environmental Assessment ("EA") to the FT A and Federal Highway Administration requesting a Finding Of No Significant Impact ("FONSI") for the Project. Sound Transit will adopt the EA for State Environmental Policy Act "SEP A" compliance. The City acknowledges that Sound Transit is currently the lead agency for the Project and that pursuant to WAC 197-11-600, there can only be one lead agency at a time or nominal lead agency for SEP A compliance per project. The City acknowledges that pursuant to WAC 197-11-600(4)(a), the City may not subsequently and independently adopt the EA. If the City is not ~a1isfied that the EA and Sound Transit's adoption of the EA fully address the impacts ,of the Project, .the Parties acknowledge that the City retains all of its remedies as provided tor inW AC 197-11-600 including the right to assume lead agency status. 1.3 Design and Review Process Sound Transit will continue to collaborate with the City to complete design and contract documents for the Project. Specifically: A. Prior to any construction of the Project, Sound Transit will apply for and obtain all land use and building pennits required by the City Code, and will build the Project in - accordance with the Code and any conditions of such land use and building pennits. B. Sound Transit will utilize existing preliminary design documents as the basis for final design, and will incorporate into the final design the design features identified through the design charette. Sound Transit will provide the City drafts of final design documents at key review stages, an opportunity to comment, and will incorporate revisions reasonably requested by the City for incorporation into the final design documents to the extent that such revision(s) do not adversely impact the Project budget or compromise essential elements of the design. Revisions required by federal, state, local laws and regulations (including the City Code) will be I ' incorporated. C. Sound Transit will investigate and explore with the City the possibility of designing the parking garage to accommodate a building above the garage. The City would be responsible for additional environmental analyses, documentation and processes under NEP A and/or SEP A, and the subsequent design, pennitting and construction at a later date. If the Parties mutually agree such a structure is feasible, and if the Parties enter into a separate agreement setting forth cost allocations, design and other Sound Transit I City of Federal Way MOA Federal Way Transit Center I Parking Structure 5 " parameters, then Sound Transit will make appropriate revisions to design documents to accommodate a building above ttIe parking garage. D. Any changes to design documents requested by reviewing agencies shall be subject to review and approval by the City. In no case will a project revision be made that conflicts with the Environmental Assessment or FONSI or the SEP A adoption without applicable revisions as may be required by law to the Ep,vironmental Assessment or FONSI or SEP A adoption. 1.4 Cost Responsibility A. Sound Transit agrees to pay the City $569,000.00 to make improvements to 23rd Avenue S., including new traffic signals at S. 3l6th Street and S. 317th Street as well as frontage and capacity improvements between S. 316th Street and S. 320th Street. Of this amount, up to $69,000.00 is available for right-of-way acquisition, with the ultimate total to be determined by Sound Transit based upon the per-square-foot value of the Project site paid by Sound Transit. The payment shall be due within 30 days upon receipt of properly submitted invoices based on work completed. . B. Sound Transit agrees to pay the City $387,000.00 toward the City's cost of addressing the off-site impacts ofthe Project on congested intersections identified in Exhibit A. This payment shall be paid prior to and as a condition of issuance of the Project's building permit approval. C. Sound Transit agrees to pay the City $60,000.00 toward the City's asphalt pavement overlay program for the Project's impact on the S. 3l7th Street pavement east of 23rd Avenue S. This payment shall be paid prior to and as a condition of issuance of the Project's building permit approval. II. FEDERAL WAY RESPONSIBILITIES 2.1 Project Design 2.1.1 Transportation Improvements A. The City will undertake the design and construction of improvements to 23rd Avenue S. and S. 317th Street described in Section 1.1.1 that are being partially funded by the Project budget. The design will be coordinated with Sound Transit's consultant designing the Project's on-site improvements and the freeway ramps at S. 31 th and 1- 5. All reasonable effort will be made to ensure that the construction of23rd Avenue S. improvements are coordinated with on-site construction and that the 23rd Avenue South construction is complete .prior to the scheduled opening of the Project. Sound Transit / City of Federal Way MOA Federal Way Transit Center / Parking Structure 6 " B. The City also agrees to undertake those improvements under Paragraph l.4(B) and (C) above. . C. Payments made under paragraph 1.4(B) are subject to RCW 82.02.020, which provides for voluntary agreements to fund improvements that mitigate direct project impacts. The City agrees to use its best efforts to complete the improvements identified in Exhibit A within 5 years, as specified in RCW 82.02.020. However, if the City is unable to do so, it will notify Sound Transit in writing prior to the expiration of 5 years and infonn Sound Transit ofthe City's anticipated implementation schedule and its reasons for delay. If the City cannot reasonably complete the improvements identified in Exhibit A within 5 years ofthe date of the City's receipt of the last payment as set forth in Paragraph 1.4 above, then pursuant to section 19-46 (b) (5) of the City Code, Sound Transit waives and releases its rights to receive a refund of fees paid or interest thereon that it might otherwise may be entitled to claim under RCW 82~02.020; provided, however, that such improvements are constructed by 2010. 2.1.2 Stonnwater Management / Transit Oriented Development A. The City will make its regional detention system available to the Project, without cost to Sound Transit, for detention of runoff in excess of two acre-feet on-site underground detention facility proposed for the Project. B. The City will assist in developing a TOD agreement with Sound Transit that would outline the cooperative effort to identify an appropriate development that fits the TOD site and complements the transit center and parking structure. C. If appropriate, the City would become a party to the agreement between Sound Transit and the TOD developer. .. 2.2 Environmental Review. The City will conduct environmental review under SEP A for the Project, and improvements identified in Paragraph 1.4(B) and (C) above. 2.3 Design and Review Process The City agrees to give priority to reviewing design documents of the Project, along with the 1-5@320th project prepared by Sound Transit's design consultants; except that if Sound Transit desires expedited review of land use or building pennits for the Project such expedited review will be at Sound Transit's sole cost. .The City will facilitate the issuance of applicable administrative pennits for the construction of the Project. Sound Transit / City of Federal Way MOA Federal Way Transit Center / Parking Structure 7 " The City will collaborate with Sound Transit to finalize the design, address agency requirements and public feedback, consistent with the other provisions of this Agreement. The City acknowledges that, except as provided otherwise in this Agreement, Sound Transit is not legally required to budget funds in excess of $30.6 Million Dollars to cover potential cost increases in the Project. 2.4 Cost Responsibility A. The City agrees to design and construct the improvements to 23rd Avenue-S. and S. 317th Street herein described and hold harmless Sound Transit from any cost increases or damage claims of third parties. B. The City agrees to waive all charges from the Project for the usage of regional detention pond downstream of the Project site in exchange for preserving a portion of the Project site for a future transit oriented development. C. The City and Sound Transit will jointly review grant funding opportunities and the City will take the lead to apply for grants for which money could be used to pay for the Project. III. LEGAL RELATIONS The City and Sound Transit shall comply, and to the best of their respective abilities shall ensure, that their respective employees, agents, consultants and representatives comply with all federal, state and local laws, regulations and ordinances applicable to the work and services to be performed by each party under this Agreement. In performing work and services hereunder, the City and its employees, agents, consultants and representatives shall be acting on behalf ofthe City and shall not be deemed or construed to be employees or agents of Sound Transit in any manner whatsoever. Likewise, in performing work and services hereunder, Sound Transit and its employees, agents, consultants and representatives shall be acting on behalf of Sound Transit and shall not be deemed or construed to be employees or agents of the City in any manner whatsoever. Neither the City nor Sound Transit shall hold itself out as, nor claim to be an officer ór employee of the other by reason hereof and will not make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the other. The City shall be solely responsible for any claims for wages or compensation by City employees, agents, and representatives, including consultants, and save and hold Sound Transit harmless therefrom; Sound Transit shalLbe solely responsible for any claims for wages or compensation by City employees, agents, and representatives, including consultants, and save and hold the City harmless therefrom. To the maximum extent permitted by law, the City agrees to indemnify and hold harmless Sound Transit and its officers, officials, employees and/or agents, from and Sound Transit / City of Federal Way MOA Federal Way Transit Center / Parking Structure 8 " against any and all suits, claims, actions, losses, costs, penalties and damages of . whatsoever kind or nature to the extent arising out of, in connection with, or incident to any work or serVices required or contemplated to be performed by the City under this Agreement, and for any failure to satisfy the City's contractual obligations under this Agreement, except to the extent caused by the negligence of Sound Transit. The City further agrees to assume the defense of Sound Transit and its officers, officials, and employees, with legal counsel acceptable to Sound Transit, which ácceptance shall not be unreasonably withheld, in all legal or claim proceedings arising out of, in connection with, or incident to such work or services, and the City shall pay all defense expenses, including attorneys' fees, expert fees, and expenses and costs (collectively "defense costs") incurred directly or indirectly on account of such litigation or claims, and the City shall satisfy any judgment rendered in connection therewith. The City may settle any suit, claim, action, loss, cost, penalty, or damages, subject to the approval of Sound Transit, which approval shall not be unreasonably withheld, if such settlement completely and forever extinguishes any and all liability of Sound Transit. In the event of litigation between the parties to enforce the rights under this Section, reasonable attorney fees shall be allowed to the prevailing party. THE CITY'S INDEMNIFICATION OBLIGATION HEREIN SHALL INCLUDE, BUT IS NOT LIMITED TO, ALL CLAIMS AGAINST SOUND TRANSIT BY AN EMPLOYEE OR FORMER EMPLOYEE OF THE CITY OR ITS CONSULTANT, AND, AFTER MUTUAL NEGOTIATION WITH SOUND TRANSIT, THE CITY EXPRESSLY WAIVES ALL IMMUNITY AND LIMIT A TION ON LIABILITY UNDER ANY INDUSTRIAL INSURANCE ACT, INCLUDING TITLE 51 RCW, OTHER WORKER'S COMPENSATION ACT, DISABILITY BENEFIT ACT, OR OTHER EMPLOYEE BENEFIT ACT OF ANY JURISDICTION THAT WOULD OTHERWISE BE APPLICABLE IN THE CASE OF SUCH CLAIM. To the maximum extent permitted by law, Sound Transit agrees to indemnify and hold hannless the City and its officers, officials, employees and/or agents, from and against any and all suits, claims, actions, losses, costs, penalties and damages of whatsoever kind or nature to the extent arising out of, in connection with, or incident to any work or services required or contemplated to be performed by Sound Transit under this Agreement, and for any failure to satisfy Sound Transit's contractual obligations with respect to the Project and/or under this Agreement, except to the extent caused by the negligence of the City. Sound Transit further agrees to assume the defense of the City and its officers, officials, and employees, with legal counsel acceptable to the City, which acceptance shall not be unreasonably withheld, in all legal or claim proceedings arising out of, in connection with, or incident to such work or services, and Sound Transit shall pay all defense expenses, including attorneys' fees, expert fees, and expenses and costs (collectively "defense costs") incuITed directly or indirectly on account of such litigation or claims, and Sound Transit shall satisfy any judgment rendered in connection therewith. Sound Transit may settle any suit, claim, action, loss, cost, penalty, or damages, subject to the approval of the City, which approval shall not be unreasonably withheld, if such Sound Transit / City of Federal Way MOA Federal Way Transit Center / Parking Structure 9 " settlement completely and forever extinguishes any and all liability of the City- In the event of litigation between the parties to enforce the rights under this Section, reasonable attorney fees shall be allowed to the prevé;liling party. SOUND TRANSIT'S INDEMNIFICATION OBLIGATION HEREIN SHALL INCLUDE, BUT IS NOT LIMITED TO, ALL CLAIMS AGAINST THE CITY BY AN EMPLOYEE OR FORMER EMPLOYEE OF SOUND TRANSIT OR ITS CONSULTANT, AND, AFTER MUTUAL NEGOTIATION WITH SOUND TRANSIT, SOUND TRANSIT EXPRESSLY WAIVES ALL IMMUNITY AND LIMIT A TION ON LIABILITY UNDER ANY INDUSTRIAL INSURANCE ACT, INCLUDING TITLE 51 RCW, OTHER WORKER'S COMPENSATION ACT, DISABILITY BENEFIT ACT, OR OTHER EMPLOYEE BENEFIT ACT OF ANY JURISDICTION THAT WOULD OTHERWISE BE APPLICABLE IN THE CASE OF SUCH CLAIM. IV. DISPUTE RESOLUTION Sound Transit and the City will work collaboratively to resolve disagreements arising from activities performed under this Agreement. Disagreements will be resolved promptly and at the lowest level of hierarchy. The services of a mediator may be used to assist with resolution. The following is a guide intended to resolve the maximum number of issues at the lowest organizational level. A. The Designated Representatives, as identified in Paragraph 5.2 below, shall communicate regularly to discuss the status of the task to be performed and to resolve any issues or disputes related to the successful performance of this Agreement. The Designated Representatives will cooperate in providing staff support to facilitate the performance of this Agreement and the resolution of any issues or disputes arising during the term of this Agreement. B. Each Designated Representative shall notify the others in writing of any problem or dispute that the Designated Representative believes should be resolved. The Designated Representatives shall meet within five (5) business days of receiving the written notice in an attempt to resolve the dispute. C. In the event the Designated Representatives cannot resolve the dispute, the Sound Transit Director of Regional Express or his/her designee and the City's Public Works Director or his/her designee shall meet and engage in good faith negotiations to resolve the dispute. D. In the event the Directors cannot resolve the dispute, the Sound Transit Executive Director or designee and the City Manager shall meet and engage in good faith negotiations to resolve the dispute. Sound Transit / City of Federal Way MOA Federal Way Transit Center / Parking Structure 10 '; E. The Parties agree that they shall have no right to seek relief under this Agreement in a court of law until and unless each of these procedural steps is exhausted. V. MISCELLANEOUS PROVISION 5.1 Termination - Unless extended by mutual written agreement of Sound Transit and the City, this Agreement shall terminate only upon completion of the all of the following steps: (a) final acceptance of the Project as evidenced by the execution of a final contract voucher certification by the City and the Contractor for the Project; (b) disbursement by Sound Transit of the fmal payment to the Contractor; (c) proof of payment by Sound Transit of all sums required to be paid t9 the City by this Agreement; and (d) proof of Sound TramÜt's completion of all obligations required under this Agreement. 5.2 Notice All notices or requests required or permitted under this Agreement shall be in writing, shall be personally delivered or sent by certified mail, return receipt requested, postage prepaid, or by facsimile transmission and shall be deemed given three (3) days following the date when mailed or on the date when delivered or faxed (provided the fax machine has issued a printed confirmation of receipt). All notices or requests shall be sent to the City and Sound Transit's Designated Representatives addressed as follows: To the City: City of Federal Way Attn: Cary Roe, P .E. 33530 First Way South Federal Way, WA 98003-6221 (253) 661-4131 (253) 661-4129 Address: Phone: Fax: Address: Sound Transit Attn: Vicki Cannard, Project Manager 401 S. Jackson Street Seattle, W A 98104-2826 (206) 398-5024 (206) 398-5215 To Sound Transit: Phone: Fax: Each Party shall notify the other, in writing, of a change in the Party's respective Designated Representative. Sound Transit I City of Federal Way MOA Federal Way Transit Center I Parking Structure 11 " 5.3 Assignment Neither Sound Transit nor the City shall assign any interest, obligation, or benefit in this Agreement or transfer any interest in the same, whether by assignment or novation, without prior written consent of the other; provided, however, that claims for money due or to become due to the City from Sound Transit under this Agreement may be assigned to a bank, trust company, or other financial institution without such- approval. Notice of any such assignment of claims for money due or to become due to the City shall be furnished promptly to Sound Transit. 5.4 Governing Law This Agreement and all provisions hereof shall be interpreted in accordance with the laws of the State of Washington. 5.5 Severability If any ofthe terms or provisions of this Agreement are determined to be invalid, such invalid term or provision shall not affect or impair the remainder of this Agreement, but such remainder shall continue in full force and effect to the same extent as though the invalid term or provision were not contained herein. 5.6 Warranty of Right to Enter into Agreement The City and Sound Transit each warrant that it has the right to enter into this Agreement and that the person signing this Amendment has authority to bind such person's respective entity. 5.7 Exhibits All exhibits referenced in and attached to this Agreement are incorporated herein, except to the extent otherwise provided herein. 5.8 Entire Agreement This Agreement represents the entire agreement of the Parties with respect to all matters referenced therein. Sound Transit / City of Federal Way MOA Federal Way Transit Center / Parking Structure 12 CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY' ("SOUND TRANSIT") . N~;:d :£~ Title ¿/'3Ó~ I Date fL Sound Transit / City of Federal WayMOA Federal Way Transit Center / Parking Structure . ( " CITY OF FEDERAL WAY: ~~~11~~ N. Christine Green, CMC Approved as to fonn: ~L~ City Attorney, Bob C. Sterbank 13 1. /: 2. - ,.1"3-" 'I. . i I. / '" 4. 5. 6. 7. 8. 9. 10. 11. 12. " Exhibit "A" Offsite Project Impacts SR-99 at S 320th Street SR-99 HOV Lanes Phase 1- S 31ih Street - S 324th Street 23rd Avenue S - S 31 ih Street - S 324th Street SR-99 at S 330th Street S 312th Street at 14th Avenue S SR-99 ROV Lanes Phase II - S 324th Street - S 340th Street S336th Street at Weyerhaeuser Way S S 320th Street at 1st Avenue S S 3lih Street at 8th Avenue S S 320th Street ROV Lanes Phase I - 8th Avenue - SR-99 S 31ih Street at 28th Avenue S S 320th Street at 20th Avenue S 13. S 336th Street at 9th Avenue S 14. S 336th Street at 1st Way S 15. SW 312th Street -1st Avenue S - SR-509 ,,- FEDERAL WAY TRANSIT CENTER 2001 TRANSIT CENTER, PARKING STRUCTURE AND FREEWAY ACCESS AGREEMENT May 3, 2002 LUTC MEETING February 21, 2001 CITY COUNCIL MEETING March 20, 2001 MEETING DATE: April 3, 2001 ITEM# J (á) """"...""."""""""..""'.."""""""'".................................--................................................................,..............""""""""""""""""""""""""""',.................... CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: CITY COUNCIL MEETING MINUTES ..................---......................--.. .......--............--.. ...............--.................................---...............--....................--..................... ........................ CATEGORY: BUDGET IMP ACT: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ................................................,................................... .......................................................,........""""""""""""""""""""""'..............,............ ..................... ATfACHMENTS: Minutes for March 20, 2001 regular meeting. ....---................"""""---".""""" .......-.......-.-..--................................"""",-"-""".",,,,'-'-""""-""--"..-----""................._............................................-... ...........--.-. SUMMARYfBACKGROUND: Official City Council meeting minutes for permanent records pursuant to RCW requirement. ..........---..---...--..--......-.........- -....-....---.........----.- .......-...--....----...-........-..--............-...--.....-..--.......--........................ CITY COUNCIL COMMITTEE RECOMMENDATION: n/a ........------....---................--.........--..----..-...---.-...--.-....-..............-..........-.-...........-......................-.....................,.............................._.... ............................................. CITY MANAGER RECOMMENDATION: Move approval of the official minutes. ....----..-..-------.....---....---....--....-.. ..................-.......----....-..-...-........--..........-...-............-------.-..........-...--.-.-...--...-............. APPROVED FOR INCLUSION IN COUNCIL PACKET:~ (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLEDIDEFERREDfNO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # I: \CO VER. CLERK- f /7/00 .-; 1. II. III. a. b. c. d. c. f. IV. v. AGENDA FEI)ERAL WAY CITY COUNCIL Regular Meeting Council Chambers - City IIall March 20, 2001 - 7:00 p.m. (www.cÌ.(ederal-wQJ.wa.u.s) * * * * * CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE PRESENT A TIONS SPIRIT A ward/Month of March Proclamation/Sister City Tonghae IncofPO-ration Anniversary Proclamation/Camr Fire's Absolutely Incredible Kids Day Parks/Recreation Commission Introductions/Certificates City Manager/Introduction of New City Emrloyees City Manager/Emerging Issues CITIZEN COMMENT PLEASE COMPLETE TIlE PINK SLIP & PRESENT TO TIlE CITY CLERK PRIOR TO SPEAKING. Cilizens may address City Council a[ [his lime. \Vhen recognized by ¡he Mayor, please come forward to Ihe podium, adjusllhe microphone [0 proper height, and slate your name and addressfor Ihe record. PLEASE LIMIT YOUR REA/ARKS TO TIlREE (3) MINUTES. 7ì¡e Mayor may interrupt cilizen comments [lral continue 100 long, relate negalively [0 other individuaLs, or are olherwise inappropriale. CONSENT AGENDA (I[e/ns lisled below have been previously reviewed by a Council Committee of Ihree members and broliglll beforeflill Colincilfor approval; all iIems will be enacted by one motion; indil'idual iIems may be removed by a Cowlcilmember for separate discussion and subsequent morion.) a. b. Minutes/March 6, 200 1 Regular Meeting BP A Trail Phase IIf/Trail ConstructionlBid Award 23rd Ave S. Road lmrrovements Project - 100% Design APl)rova~ and Authorization to Bid Chamber 200 1 Tourism Service Amendment c. d. over please. . . FED ERAL WAY CITY CO UN CIL Regular r\1eeting Council Chambers - City Hall March 20, 2001 - 7:00 p.m. OR þ.f1 MINUTES 1. CALL MEETING TO ORDER Mayor Park called the regular meeting of the Federal Way City Council to order at the hour of 7:02 p.m. Councilmembers present: Mayor Mike Park, Deputy Mayor Linda Kochmar, Councilmembers Jeanne Burbidge, Mary Gates, Michael Hellickson, Dean McColgan, Eric Faison. City staff present: City Manager David Moseley, City Attorney Bob Sterbank, City Clerk Chris Green. II. PLEDGE OF ALLEGIANCE Deputy Mayor Kochmar lead the flag salute. III. PRESENT A TrONS a. SPIRIT A ward/Month of March City Manager Moscley presented this month's SPIRIT award to recipients Jean Porter, Sun So and Judy Dunker of the city's Human Resources Division, for their outstanding performance in providing service and assistance to all city departments in the area of recruitment and selection. In addition, they have worked extremely hard at innovation, thus creating efficiencies and eliminating paperwork whenever possible; they have also relied on many forms of technology to streamline processes to provide city staff greater access to employee information. b. Proclamation/Sister City Tonghae Incorporation Anniversary on April 1. 1980 Deputy Mayor Linda Kochmar read and presented the proclamation to Brian Picard, Vice- President of the Federal Way Sister City Association. - c. Proclamation/CamQ Fire's Absolutely Incredible Kids Day - Match 15th Deputy Mayor Linda Kochmar read and presented the proclamation to Leader Karen Ramsey and two 4ú\ grade students from Green Gables Elementary Camp Fire group. Federal Way Cay Council Regllwr Meeting Minutes March 20, 2001 - Page 2 of 6 d. Parks/Recrcation Commission Introductions/Cenificates Council member Jeanne Burbidge introduced and presented new Commissioner Jo;1I1 Morrison with his appointment certificate. e. City Manager/Introduction of New City Emgloyees Mr. Moseley announced the following new staff hires for the city: Carolyn Davis (Law Department); Stan Osborn and George Richen (parks Maintenance); and Mike Brewer (Public Works DepartmenUSurface Water). f. City Manager/Emerging Issues City Manager Moseley introduced Chief Anne Kirkpatrick who provided an update on police response to citizen concerns related to activities involving a specific residence in their immediate neighborhood. IV. CITIZEN COMMENT Barbara Reid - President-elect of the Federal Way Symphony, thanked the Council for their continued funding of symphony programs, and announced the symphony will be relocating their future productions to St. Lukes Church. Chuck Schukar - a resident of the Steel Lake area, spoke in favor of consent item (h), and urged the Council to approve the proposed agr~ment for waterfowl management as soon as possible since time is of the essence with the close arrival of this year's nesting season. Lori Geogeson - expressed her concerns about the activities of a residence in her neighborhood; she was advised the city's Police Department are well aware of the situation, and will be scheduling a block watch meeting for neighborhood residents in the very near future. V. CONSENT AGENDA a' b. Minutes/March 6, 2001 Regular Meeting - Approved BrA Trail Phase III/Trail ConstructionlBid Award - Approved 2yd Ave S. Road ImRrovements Project - 100% Design ApjJroval and Authorization to Bid - Approved Chamber 200 1 Tourism Service Amendment - Approved 2000 Tourism Enhancement Grant Award - Approved 2001-02 Domestic Violence Advocacy RFP - Approved Jail lnterlocal Agreement/City of Fife - Approved 2001 Interlocal Agreement for Waterfowl Management Program - Approved c. d. e. L g. h. Federal Way City Council Regular Meeting Minutes March 20, 2001 - Page 3 of 6 Council member McColgan pulled consent item (c) for additional information. MOTION BY COUNCILMEMBER HELLICKSON TO APPROVE CONSENT ITEMS (a), (b), (d), (c), (f), (g) and 01); SECOND BY COUNCILMEMBER GATES. The motion passed as follows: Gates Koch mar Hellickson McColgan yes yes yes yes Burbidge Park Faison yes yes yes Consent item (c): Public Works Director Cary Roe provided a brief update on the 23rd Ave So road improvement project. Deputy Mayor Linda Kachmar recused herself due to the fact her employer, Lakehaven Utility District, is involved with the project. MOTION BY COUNCILMEMBER MCCOLGAN TO APPROVE CONSENT ITEM (c); SECOND BY COUNCILMEMBER BURBIDGE. The motion passed as follows: Gates Kachmar Hellickson McColgan yes recused yes yes Burbidge Park Faison yes yes yes VI. INTRODUCTION ORDINANCE a. Council Bill #264/ Amendments to FWCC Chapter Relating to Allowed Maximum Heights and other Miscellaneous Changes 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 MAXIMUM HEIGHTS AND OTHER MISCELLANEOUS CHANGES. Senior Planner Margaret Clark provided a briefing on the proposed ordinance amendments. MOTION BY COUNCLLMEMBER MCCOLGAN TO MOVE THE ORDINANCE TO SECOND READING AND ENACTMENT AT THE REGULAR MEETING ON APRIL 3; SECOND BY COUNCILMEMBER FAISON. The motion passed as follows: Federal Way City Council Regular Meeting Minutes March 20, 2001 - Page 4 of 6 Gates Koch mar Hellickson McColgan yes yes yes yes Burbidge Park Faison yes yes yes b. Council Billll265/SrrÌnt Wireless Site Lease/Franchise Agreement Amendment AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY. WASHINGTON. AMENDING ORDINANCE NO. 99-359 AND THE NONEXCLUSIVE FRANCHISE GRANTED THEREIN TO SPRINT SPECTRUM. LP.. A DELAWARE LIMITED PARTNERSHIP. TO OCCUpy RIGIITS-DF-WAY OF THE CITY OF FEDERAL WAY. WASHINGTON. WITHIN THE SPECIFIED FRANCHISE AREA FOR THE PURPOSES OF INSTALLING. CONSTRUCTING. MAINTAINING, REPAIRING. AND RESTORING A FIBER OPTIC COMMUNICATION CABLE WITHIN AND THROUGH THE CITY OF FEDERAL WAY. MOTION BY COUNCILMEMBER GATES TO MOVE THE ORDINANCE TO SECOND READING AND ENACTMENT AT TI-IE REGULAR MEETING ON APRIL 3; SECOND BY COUNCILMEMBER BURBIDGE. The motion passed as follows: Gates Kochmar Hellickson McColgan yes yes yes yes Burbidge Park Faison yes yes yes VII. CITY COUNCIL REPORTS Council member Gates reported on recent regional transit issues-she will be reporting later on the Metro/King County proposed capital facilities and services 6-year plan. She announced the next regular meeting of the Finance/Economic Development/Regional Affairs Committee will be on March 28, at 9:00 a.m. Councilmember Burbidge thanked the Arts Commission and city staff for the outstanding reception held prior to the Council meeting-the reception recognized arts funding recipients. She reported on the most recent South County Area Transportation Board meeting, and announced the Parks/ Recreation/Human Services/Public Safety Committee will meet on April 9, at 12:00 noon. Council member Hellickson thanked Chief Kirkpatrick and her staff for their quick response to 35Th Street area citizen concerns; he asked all residents of the area to be suppoIjive of future block watch meetings scheduled by the Public Safety Department. . Councilmember Faison said residents in his home area have also expressed concern for the welfare of the entire community-not only those in the 3S'f' Street area. Fedeml Way City Council Reguwr Meeting Minutes March 20, 2001 - Page 5 of 6 Council member McColgan reported on his recent participation at the National League of Cities (NLC) Conference held in Washington D.C.; he said it provided an excellent opportunity to observe what other cities in the nation are doing. He felt their meetings with U.S. Senators Patty Murray and Maria Cantwell were very productive. The next meeting of the Land Use/Transportation Committee will be held on April 2, at 5:30 p.m. Deputy Mayor Kochmar also reported on the NLC Conference-said it provided an excellent opportunity to lobby for future funding. She, too, felt the discussions with Senators Murray and Cantwell were extremely beneficial for our community. The Airport Communities Coalition will be meeting next week. Mayor Park echoed the remarks of Deputy Mayor Kochmar and Councilmember McColgan with respect to the recent NLC Conference. He reported the next meeting of the Sister City Association will be tomorrow, at 7:00 p. m.; the Economic Development Oversight Committee will meet on March 28, at 8:00 a.m. VITI. CITY MANAGER REPORT City Manager Moseley reported the city's new Interactive Voice Response (IVR) system; it allows builders to use their touchltone phone to schedule inspections; it will provide improved services for all customers. He thanked Informational Services and Community Development staff for their excellent job in establishing the service. He updated the Council on the city's involvement in the regional e-Government Committee; there are nineteen other cities working together 'to implement e-Govemment services regionally. Mr. Moseley announced the Public Safety Department will participate in the annual Speçial Olympics fund-raising event being sponsored by the Red Lobster Restaurants. The city's Wellness Committee will be recognized in June (during conference) by the Association of Washington Cities (A WC) for their outstanding participation and creation of staff programs during the past year. It will be the second year the city has received special recognition-last year the Public Safety Department received an award for creation of their traffic school. The City Manager expressed appreciation to the city's Public Safety Department for their outreach support during the recent loss of the Des Moines police offtcer-our department donated officers to cover the City of Des Moines prior to and during the memorial services. .- City Manager Moseley announced the scheduled executive session has been canceled. Federal Way City Council Regular Meeting Minutes March 20, 2001 - Page 6 of 6 IX. EXECUTIVE SESSION Potential Litigation/Pursuant to RCW 42.30.1100 )(i) - Canceled x. ADJ 0 URNMENT There being no further business to come before the Federal Way City Council, Mayor Park adjourned the regular meeting at the hour of 8:02 p.m. N. Christine Green, CMC City Clerk - - MEETING DATE: March 20, 2001 ITEM# :::¡z:( Œ-~ -- -- - - - -- - - --- - - - - --- 0 -- - - - - ---- -..- ---- - - -- - - -. - - -.---- --. --- - ---.- u -- - -.-- -.--. -. -._-- -- - -...--. - - ---.. - -.- - ---- -... - -.... -.- - ----- -- - --- 0- .- -- CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: 23rd Avenue S Road Improvements Project (S 316th to S 324th Street) - 100% Design Approval and Authorization to Bid - C A TEGOif"Ÿ:-'--'-"--"-"--'---"----------------""'---"'-'--"'------------'-"'lfüj)GETlMP-ÄI:T:-"-------'---' --.- ....- ""--.-....--....-.......- ..----..... __0'" _X_CONSENT ORDINANCE _BUSINESS _HEARING FYI RESOLUTION ST AFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ -1\ TTAC Ü MËï~-TS:- -- -"M e íiïõ-u to-' íh ë L äñ (fUse - - ïïï1d'- nãllšpo -i1atTü 0" Co mID l"ttëe' u dïïted --Fa; ru aïY ---2'( - - "2 ÖÚ 1; _.- Tacoma Public Utilities ILA; Lakehaven Utility District ILA; Sound Transit ILA; Memo to Council dated March 14,2001. .-- -'--'--'--------'- .-.. -... -- -- ------.- -- --...- -. - - - - - -.- -. - -- -- -.-- --. ----'-Fd" --- - - - - - _. -- -.- -.. -. --..-. -. -_. .-.-- - - -. - -.-- - ----._- --_..- _. - -- -.-- SUMMARYIBACKGROUND: The proposed 23 Avenue S Road Improvements Project'-'ëië-slgï1---hã:š-- been completed and is hereby presented for your consideration. In an effort to reduce costs and public disruption, the following planned projects have been incorporated into the design and will be constructed as part of this project: . City Center' beautification improvements, including utility underground conversion and construction of the downtown streets cape plan conforming to City Center Street Design Guidelines from 1-5 to the easterly limit of the S 320th and SR-99 Improvement project. . Sound Transit required frontage improvement along 23rd Avenue S. . Tacoma Public Utilities Water Division 72" casing pipe. . Lakehaven Utility District water and sewer utility adjustment and pipe replacement. In an effort to reduce costs, eliminate utility conflicts, and reduce public disruption caused by the project, staff recommends that the City enter into Interlocal Agreements (ILA) with Sound Transit, Lakehaven and the Tacoma Public Utilities Water Division. Copies of the proposed ILAs for Lakehaven Utility District, Tacoma Public Utilities and Sound Transit are attached for your consideration. Staff seeks Council's authorization to enter into these agreements. In addition, the proposed Sound Transit Agreement that was presented and approved at the February 2151 Land Use and Transportation Committee meeting has been revised due to ongoing negotiations with Sound Transit and as a result staff has prepared the attached memo which outlines the said revisions. .., - The- 'ïö Tä l'l)r õ Teet' e õ'šts are' 'est fñ1ãi e¿fat '$ '~i; 1"6"9 ~ 9 0 Ö . 0 õ":"'" Thë'"t õ t a f ãV:a ~Tä blë- fuñ"dTñ g: 'Tñd lid! ñ-g' "iïïë pr 0 ¡)õ se d interlocal agreements, is $9,905,362.00. This project is on budget and we anticipate bidding the project in late March and awarding in early May. All required right of way has been acquired. Construction will commence in May with an estimated substantial completion date in Spring 2002. ""'cÏTY"cõÜrifcït::"'COMMITTEE'-iiEcoMM"ENDAfi 0 N:- At i tsFëbnïãïYm2T:~ÆõT m ëetlng"the-[ãiiël Use and Transportation Committee forwarded the following recommendations: J. Approve the 100% design plans for the 23 rd A venue South Road Improvements Project. 2, Authorize staff to bid the project and return to the City Council in May for permission to award the project to the lowest responsive, responsible bidder. 3. Authorize entering into the proposed Interlocal Agreement with the Lakehaven Utility District for the 23 rd Avenue South Road Improvements Project. 4, Authorize entering into the proposed lnterlocal Agreement with the Tacoma Public Utilities Water Division for the 23rd Avenue South Road Improvements Project. 5. Authorize entering into the proposed Interlocal Agreement with Sound Transit for the 23rd Avenue South Road Improvements Project. ""'c t T Y' MAN AGïtR--RËCOMMEÑÏiAfìÖN:--"Mõti õÏÏt õ" -, ã p pro v ë' 'tb e"" fõ"ö"% -"-"de šrgÏlpl älls ,.. f 0 i'th ë-23 1\1"" Avenue South Road Improvements Project, and to authorize staff to bid the project and return to the City Council in May for permission to award the project to the lowest responsive, responsible bidder. Further to authorize entering into interlocal agreements with Lakehaven Utility District, Tacoma Public Utilities and Sound Transit for the 23rd Avenue South Road Improvements Pro' t. APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE COMPLETED BY CITY CLE COUNCIL ACTION: -""-'--""--'-"'-"'---'--'----"-"-' --"--'-""'-"""""-_......'_m_"""""__m'-_-_..m_"'___---,---,-,------------- --, ' ,... APPROVED DENIED - T ABLED/DEFERREDINO ACTION k:\council\agdbills\2001\23 aYe IOO%_doc COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # City of Federal Way City Council land Use[Transportation Committee February 21,2001 5:30 pm Citÿ Hall Council Chambers MEETING AGENDA 1. CALL TO ORDER 2. Approval of Minutes of the January 22, 2001, Meeting 3. PUBLIC COMMENT (3 minutes) 4. BUSINESS ITEMS A. 23fd Avenue South Road Improvements Action Project (S. 316th_S. 324th Streets) -100% Design Approval/Authorization to Bid Salloum/10.min B. Twin Lakes Neighborhood Traffic Safety Project Action Perez/10 min 5. FUTURE MEETING AGENDA ITEMS 25% Nonconforming Street Issues 6. ADJOURN Committee Members: Dean McColgan Jeanne Burbidge Eric Faison City Staff: Kathy McClung, Directo,", Community Development Services Sandy Lyle, Administrative Assistant 253.661.4116 1:\LU-TRANS\retxw'Y 2\, 200\ LUTC AGN.doc Memo to Council From Carr Roe INSERT HERE rK ( 1i.. ~. ., ( MEMORANDUM DATE: March 16,2001 TO: Mayor Park and Federal Way City Council members Carr M. Roe, Public Works Director ~ David H. M~ager Revision to Draft~roposed Sound Transit Agreement FROM: VIA: SUBJECT: Background At the February 21st Land Use and TransportationCommitteemeeting, Public Work'sstaffpresented a draft of the proposed agreement between Sound Transit and the City for the development of a Transit Center, Parking Structure, and freeway access improvements. The draft agreement was presented with the understanding that the agreement may be subject to change pending final review by Sound Transit and that any revisions to the agreement would be presented to the full City Council. Since the February 21, 2001 LUTC meeting, Public Works and legal staffhavecompleted the final negotiations and review process with Sound Transit staff and have attached the final draft of the proposed agreement for the City Council's consideration. Summary of ChangeslRevisions The following is intended as a summary of the most significant changes and/or revisions to the draft agreement that have occurred between the February 21, 2001 LUTC meeting and final draft of the proposed agreement included in the City Council agenda package for the March 20th City Council meeting. The final draft of the proposed agreement has been revised in several areas with respect to protecting Sound Transit in the event they need to condemn any of the necessary properties to facilitate their proposed proj ecL These revisions include deleting references to assumptions for forty dwelling units in the proposed project and softening language concerning preservation of space within the project site for a future transit oriented development. The balance of the revisions will be highlighted by page number, agreement section, and title. Page 4, Section 1.1.3, Feasibility Analysis - subsection (A) was added to require Sound Transit to design the parking structure and/or TOO to include ground-level retail consistent with City Code. ..-------------. .. " ( Page 4, Section 1.2, Environmental Review - a new paragraph was added that consolidated portions of the previous Section 2.2 Environmental Review and provided clarification to whatthe City's roles and responsibilities are with respect to the Environmental Review of the Sound Transit project and what the City's remedies are underW AC 197-11-600 if the City is not satisfied with Sound Transit's Environmental Assessment. Page 5, Section 1.3, Design and Review Process - additional language was added to subsection (C) to provide clarification on the City's responsibilities if the parties agree to pursue the redesign of the parking structure to accommodate a building above the parking structure. Page 6, Section 1.4, Cost Responsibility - subsection (B) was revised by deleting reference to the City's Transportation Improvement Program and inserting an Exhibit "A" that lists the \ City's Transportation Improvement projects impacted by Sound Transit's proposed project. Page 8, Section III, Legal Relations - this section was added and a mutual indemnification was granted to both parties. Conclusion In summary, the majority of the draft agreement presented to the Land Use and Transportation Committee remained in tact and the revisions that were made primarily provided clarification or direction. . . . cc: Project File (2) Day File k:\forms\mcm.doc r.r- " DATE: February 21,2001 TO: FROM: Dean McColgan, Chair Land Use and Transportation Committee \ i ./ Marwan Salloum, Street Systems Manager ~ David H. Moseley, City Manager 23<4 Avenue S Road Improvements Project (S 31~ to S 324<10 Street) - 100% Design Approval and Authorization to Bid VIA: SUBJECT: BACKGROUND The proposed 23M Avenue S Road Improvements Project design has been completed and is hereby presented for your consideration. In an effort to reduce costs and public disruption, the following planned projects have been incorporated into the design and will be constructed as part of this project: . City Center beautification improvements, including utility underground conversion and construction of the downtown streetscape plan confonningi'(;{"Cïty Center Street Design Guidelines from 1-5 to the easterly limit of the S 320'" and SR-99 Improvement project. . . Sound Transit required frontage improvement along 23M Avenue S. . Tacoma Public Utilities Water Division 72" casing pipe. . .. . Lakehaven Utility District water and sewer utility adjustment and pipe replacement. PROPOSED INTERLOCAL AGREEMENTS In an effort to reduce costs, eliminate utility conflicts, and reduce public disruption caused by the project, staff recommends that the City enter into Interlocal Agreements (ILA) with Sound Transit, Lakehaven and the Tacoma Public Utilities Water Division. A copy of the proposed ILA for Lakehaven and Tacoma Public Utilities is attached for your consideration. The Sound Transit ILA will be provided at the meeting. Staffseeks Council'.s authorization to enter into these agreements. PROJECT COST ESTIMATES Planning and Design Engineer's Construction Estimate $ 700,000.00 . 6,500,000.00 Includes City Center beautification improvements and (0% project contingency Construction Management Underground Conversion (PSE ) Right of Way Acquisition 600,000.00 369,900.00 1,000,000.00 S 320'" Street and 23" A venue S Includes the area needed for Sound Transit frontage improvements Total Estimated Project Costs S 9,169,900.00 " AVAILABLE FUNDING Grant Funding Mitigation Fund City Center Beautification Improvements 5,478,700.00 809,185.00 497,744.00 TIA $4,726,700.00 and STPUL $752,000.00 Landscaping, decorative lights, etc. S 320'h Street PSE and US West Underground Conversion Lakehaven Utility District Tacoma Public Utilities Sound Transit 337,400.00 Budgeted City Match Total Available Budget 101,066.00 97,267.00 400,000:00 2,184,000.00 S 9,905,362.00 Utility replacement/adjustment cost This project is on budget and we anticipate bidding the project in early March and awarding in April. All required right of way has been acquired. Construction win commence in May with an estimated substantial compl~~ion date in Spring 2002. " .,... RECOMMENDATION Staff recommends placing the foUowing items on tlt~.March 6, 2001 Council consent agenda for approval: ",'r., . I. Approve the 100% design plans for the 23rd Ãvenue South Road Improvements'Project 2. Authorize staff to bid the project and return to the City Counéil in April for permission to award the project to the lowest responsive, responsible bidder. . 3. Authorize entering into the proposed Interlocal Agreement with the Lakehaven Utility District for the 23rd Avenue South Road Improvements Project. . ' 4. Authorize entering into the proposed InterlOCåI Agreement with the Tacoma Public Utilities Water Division for the 23rd A venue South Road Improvements Project . " 5. Authorize entering into the proposed Interloca1 Agreement with Sound Transit cc: Project File Day File k:\lutc\200 I \23 rd avc.\ OO%.doc ., ',.;t. .... ì ',: :" ":;r~¡t()q;"~!') " INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND TACOMA PUBLIC UTILITIES WATER DIVISION FOR THE 23RO AVENUE SOUTH ROAD IMPROVEMENTS PROJECT (SOUTH 316TH STREET TO SOUTH 324TH ST~ET) DR AFT ;3//* IJ I . TIllS AGREEMENT is made and entered into by and between the City of Federal Way (hereinafter "City") and the City of Tacoma Department of Public Utilities, Water Division (hereinafter "Water Division"). WHEREAS, the City proposes to proceed with the 23td Avenue South Road Improvements Project (South 3 16th Street to South 324111 Street) (hereinafter ,"Project"); and ' WHEREAS, The Water Division is planning the construction of a water transmission line in the general area of the Project in accord with applicable Washington State and City of Federal Way laws, regulations and franchises; and , - " '" ," WHEREAS, Chapter 3934 (Interlocal Cooperation Act) perinits localgov~mmental units to make the most efficient use of their powers by enabling them to cooperate with othèr entities to provide services in a manner best serving the needs and development of-their local communities; and WHEREAS, The Water Division can achieve cost savings and other benefits in the public's interest by contracting with the City to perfonn certain services for the Water Division, including letting a public works construction contract for the installation of a 72" casing pipe.in connection with the Project (hereinafter "Water Division Work"), and providing construction management services in support thereof; NOW, THEREFORE, it is hereby covenanted 'and agreed by and betweentheParti~s hereto as follows: I. DESIGN. The Water Division shall provide the City reproducible,construction drawings, special contract provisions, and other necessary documents, which shall sufficiently detail requirements for the Water Division Work to become a part of the plans and specifications for the Project. The design work -shall be, p<;lfonned by the Water Division's design contractor. -~-= II. BIDDING. A. It is the intention of the City and the Water Division that the Water Division plans and specifications shall be incorporated into the Contract Bid Documents for the Project in such manner as to allow, to the extent possible, identification of cost allocations between the Parties. B. Following opening of construction bids on the Project, the Water Division shall be furnished with the bid responses submitted for the Water Division Work for the Water Division's approval. Within ten days of receiving the bid pricès, the Water Division shall notify the City in writing that the Water Division either approves or rejects their portion of the bid award. Bid award shall be made to the lowest responsible bidder for the total Project subject to applicable laws and regulations. The City shall not proceed - , with the Water Division Work until the City has received approval from the Water Division for its portion of :.the bid award; p~ôVided, however. ifno bids are received which,in,the estimation of the Water Division,are acCeptaþle to the WaterÐìvision,for'theWatet Division WoQ<, the Water .qivision shall so immediately , ,~.'notify iheCity.'The Water Division Work shall be dél6ted frofu the project cOntract and, in'this event; the " 'City shall proceed with its portion of the Project. This Interlocal Agreement shall terminate effective the date of the Water Oivision'snotice to the City of the Water Division's rejection of all bids. Ill. CONTRACT ADMINISTRATION. A. The City shall provide the necessary administrative, construction observation, and clerical services necessary for the execution of the Project. In providing such services, the City Public Works Director and/or his or her designee may exercise aU the powers and perform all the duties vested by law in him or her. The Water Division grants to the City Public Works Director and/or his or her designee authority to act on behalf of the Water Division sufficient to carry out the provisions of this Agreement. B. The Water Division shall furnish a construction observer to ensure proper compliance with requirements during installation of the Water Division Wörk. The Water Division's construction observer shall advise the City of any deficiencies noted. The Water Division's construction observer, however, shall not cómmunicate directly with or instruct the contractor directly on any matters regarding contract perfonnance. C. The Water Division shall notify the City, in writing, of any changes it wishes to make in the plans and specifications which affect the Water Division Work, which changes shall be made, if feasible. The City shall notify the Water Division, in writing, of any changes required of the Water Division Work and shall obtain the Water Division's approval of such changes. The Water Division's approval shall not be unreasonably withheld. The Water Division shall be responsible for all costs incurred, directly or indirectly, as a result of these or any other changes required or requested by the Water Division. ' IV. PAYMENT. A. The Water Division shall reimburse the City for all costs incurred by the City in performing the Water Division Work, which costs shall include but are not limited to the Water Division Work performed by the Project contractor( s), all Water Division requested changes, and the Water Division's cost of the City services described in Paragraph III (a) herein, prorated as described in Exhibit A. ," B. All payments shal~ be due from the Water Division to the City within thirty (30) days after receipt of invoice from the City of said sums billed to the Water Division. Amounts unpaid after said due date days shall accrue interest at a rate of one (1) percent per month. . V. INDEMNIFICATION AND HOLD HARMLESS. .~." ~ A. The City agrees to indemnify and hold the Water Division, its elected officials, officers, employees and agents hanDless from any and all claims, demands, losses, actions and liabilities (including costs and ati attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising or resulting trom, or connected with, this Agreement to the extent caused by the negligent acts, errors or omissions of the City, its agents or employees, or by the City's breach of this Agreement. . B. The Water Division agrees to indemnify and hold the City, its elected officials, officers, employees and agents hannless.from any and aU claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising or resulting from, or connected with, this Agreement to the extent caused by the negligent acts, errors or omissions of the Water Di vision, its agents or' employees, or by Water Division's breach of this Agreement. The provisions of this paragraph shall survive the expiration or termination of this Agreement with , respect to any event occurring prior to such expiration or tennination. Page 2 " VI. DURATION. This agreement shall become effective immediately upon execution by both parties. This Agreement shall continue in force until either (1) the Water Division rejects all bids or (2) the City Council accepts the completion of the project, whichever is earlier. . VII. OTHER PROVISIONS. A. The City shall retain ownership and usual maintenance responsibility for the roadway, stonn drainage system, sidewalks, landscaping, traffic signals and all other appurtenances related thereto. B. Following completion of the construction and Citýs acceptance of the Project as fully constructed according to plans, specifications and change orders, the City shall provide a Bill of Sale transfeITing ownership of the Water mains and appurtenances to the Water Division and the Water Division shalt thereafter be responsible for maintenance of such facilities. C. This Agreement contains the entire written agr~ment of the Parties and supersedes all prior discussion. This Agreement may be amended only in writing, signed by both Parties. D. This Agreement shall be in fult force and effect from the date of signature by all Parties to the date the City completes the Final Inspection upon completion of the Project and may be extended. for additional periods of time upon mutual written agreement of the City and Water Division. Adherence to deadline dates is essential to the performance of this Interlocal Agreement. E. Any provision of this Agreement, which is declared invalid, void or illegal shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect. IN CONSID ERA 11 ON of the mutual benefit accruing herein, the Parties hereto agree that the work, as set forth herein, will be performed by the City under the terms of this Agreement IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the day and year first above written. CIlY OF FEDERAL WAY ~. TACOMA WATER DMSION -:-~ David H. Moseley, City Manager Water Superintendent Date Date APPROVED AS TO FORM: APPROVED AS TO FORM: ,; " . Bob C. Sterbank, City Attorney K:\STREETS\PROJECTS\23RD\Taooma Waler\lLA TACOMA-doc 1123101 .. Chief Asst. City Attorney Page 3 -." ,...---.--.-.---- -.-..... '.. EXHIBIT" A" 23RD AVENUE SOUTH ROAD IMPROVEMENTS PROJECT (SOUTH 316th STREET TO SOUTH 324TH STREET) ESTIMA TED DESIGN, CONSTRUCTION, PROJECT ADMINIs,TRA TlON AND CONSTRUCTION MANAGEMENTCOSTS FOR INCLUDING LAKEHA VEN UTILITY DISTRICT UTILITY RELOCA TION AND ADJUSTMENTS ESTIMATED DESIGN COST Estimated design costs for Lakehaven utility relocations (ENTRANCO) $5,144.00 Mobilization Construction Staking Traffic Control Labor Traffic Control Supervisor Adjust Water Meter vault Relocate Fire Hydrant Adjust Sanitary Sewer Manholes Adjust Water Valve Box Adjust Blow off Box Adjust PRV 12" Water Main Class 50 DIP Adjust Detector Check vault Relocate Side sewer Remove and Disposal of Asbestos Pipe LS 1 @LS 240 hours @ $28.001hr. 24 hours @ $40.00Ihr 4 @ $ 500.00/ea. 6 @ $2000.00/ea. 9 @ $400/ea. 24 @ $180.00/ea. 1 @$1000.00/ea 1 @ $ 1,500.00/ea 168@ $80/LF 1 @ $1.500.00/ea FA 168@ $15/LF $ 6,100.00 $ 3,500.00 $ 6,720.00 $ 960.00 $ 2,000.00 $12;000.00 $ 3,600.00 $ 4,320.00 $ 1,000.00 $ 1,500.00 $ 13,440.00 $ 1.500.00 $11,500.00 $ 2,520.00 $70.660.00 ;Ì¡ '1 '" \. ESTIMATED CONSTRUCTION COSTS Subtotal Construction Sales Tax @ 8.6% of Construction Cost Subtotal Constñction Including Sales Tax $ 6;077.00 $ 76,737.00 Construction Contingency (10% of Construction cost.) Construction Administration (5% of Construction cost) Construction Management (10% of Construction cost.) $ 7,674.00 $ 3,837.00 $ 7.674.00 TOTAL CONSTRUCTION COST $95.922.00 TOTAL ESTIMATED COST (Design & Construction) $101.066.00 Note: Costs represented are estimates only. Actual costs incurred will be used to calculate final cost of Lakehaven Utility District's utility (f3location portion for reimbursement to the City. ", .' ' K: \STREET S\PR OJ E C TS\2 3RO\la1< e haven \ItA doc 1123101 Page 4