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Home My WebLink AboutReg 2007-11-19 COMPLETE AGENDA PACKET Tukwila City Council Agenda .:. REGULAR MEETING .:. Steven M. Mullet, Mayor Rhonda Berry, City Administrator Verna Griffin, Council President Councilmembers: · Joe Duffie · Joan Hernandez · Pam Carter · Jim Haggerton · Pamela Linder · Dennis Robertson · Ord #2180 · Res #1650 Monda , November 19, 2007; 7:00 PM 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE / ROLL CALL 2. SPECIAL PRESENTATION Promotion of Rick Mitchell to Sergeant in the Police Department. 3. CITIZEN COMMENT 4. CONSENT AGENDA 5. PUBUC HEARINGS 6. UNFINISHED BUSINESS 7. NEW BUSINESS At this time, you are invited to comment on items not included on this agenda (please limit your comments to five minutes per citizen). To comment on an item listed on this a enda, lease save our comments until the issue is resented for discussion. a. Approval of Minutes: 11/5/07 (Regular). b. Approval of Vouchers. a. An ordinance renewing a six-month moratorium on the filings of sign, development, and electrical permits for certain types of electronic signage within the City. b. An ordinance increasing the City of Tubvila Regular Levy 1% for the previous year, commencing January 1, 2008 on all property, both real and personal. c. Pro osed 2008 Bud et and the 2008-2013 Ca ital Im rovement Pro am. a. An ordinance renewing a six-month moratorium on the filings of sign, development and electrical permits for certain types of electronic signage within the City. b. 1) An ordinance levying the general taxes for the City of Tukwila for the fiscal year commencing January 1, 2008 on all property, both real and personal. 2) An ordinance increasing the City of Tukwila Regular Levy 1 % from the previous year, commencing January 1, 2008 on all property, both real and personal. c. Review of 2008 proposed CIP as follows (please bring Budget & CIP materials): CIP Pages Attachment A VII-IX Attachment B X AttachmentC XI-XN d. Council initiatives for the ro osed 2008 bud et. a. Authorize the Mayor to sign Supplement #3 to Contract #07-087 with Reid Middleton for Seismic Hazard Analysis Services in the amount of $208,414.00. b. Authorize the Mayor to award a contract to Brike Excavating LLC for the South 129th Street Drainage Modifications in the amount of $37,697.91. c. Authorize the Mayor to sign an agreement for the use of grant funds with the Washington State Department of Ecology for the National Pollutant Discharge Elimination System (NPDES) Phase II Stormwater Management Plan in the amount of $75,000.00. d. Authorize the Mayor to sign a contract with Kenyon Disend, LLC for 2008 legal services in the amount of $36,785.00 per month (plus expenses). e. Authorize the Mayor to sign a contract with Kirshenbaum & Goss for 2008-2010 public defender services in the amount of $9,900.00 per month. f. Authorize the Mayor to sign a contract with Ball Janik, LLP, for 2008 lobbying services in the amount of $9,568.00 per month (plus expenses). Pg.1 Pg.13 P .19 Pg.1 Pg.13 P .21 Pg.25 Pg.57 Pg.65 Pg.83 Pg.99 Pg.I07 Tukwila City Council Agenda .:. REGULAR MEETING .:. November 19, 2007 Page 2 8. REPORlS a. Mayor c. Staff e. Intergovernmental b. City Council d. City Attorney 9. :MISCELLANEOUS 10. EXECUTIVE SESSION 11. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office 206-433-1800ITDD 206-248-2933. This notice is available at vvww.ci.tukwila.wa.us, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio taped. COUNCIL AGENDA SYNOPSIS _uu____________________________ Initials --------------------------------- ITE.kI No. lvleetill Date 11/19/07 5.0. C:}.- 10. A.. ITEM INFORMATION CAS NUMBER: 07-131 I ORIGINAL AGENDA DATE: 11/19/07 AGENDA lTE1"\I nTLE An ordinance renewing a moratorium on certain types of signage. CATEGORY rgJ Disctlssion D Motion D Resolution rgJ Ordinance D Bid Award rgJ Public Hearing D Other IHtg Date 11/19/07 IHtg Date lvItg Date IHtg Date 11/19/07 lvItg Date IHtg Date 11/19/07 iHtg Date SPONSOR D Council D i\t1qyor DAdmSvcs rgJDCD D Finance D Fire D Legal D P&R D Police DpW SPONSOR'S On June 4, 2007 the City Council adopted Ordinance 2165 which established a 180 day SlThIMARY moratorium on the installation of animated and electronic signs within the City. The moratorium will expire at the end of November and given the significance of allowing such signs within the City, staff proposes to renew the moratorium for an additional 180 days. REVIEWED BY D COW Mtg. rgJ CA&P Cmte D F&S Cmte D Transportation C;:mte D Utilities Cmte DArts Comm. D Parks Comm. D Planning Corom. DATE: 10/23/07 RECOMMENDATIONS: SPONSOR/ ADNIIN. Review and Approval COMMITTEE Unanimous Approval; Forward to Regular Council COST IMPACT I FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $N/A $N/A $N/A Fund Source: N/A Comments: NjA MTG.DATE RECORD OF COUNCIL ACTION 11/19/07 MTG.DATE ATTACHMENTS 11/19/07 Informational Memo dated 11/07/07 Ordinance #2165 establishing moratorium & Ord. 2170 adopting findings Ordinance in Final Form Minutes from the Community Affairs & Parks Committee Meeting of 10/23/07 City of Tukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director TO: Mayor Regular Council Jack Pace, Direct~ Brandon Miles, se~r Planner Renewal of moratorium on certain types of signage FROM: RE: DATE: November 7, 2007 Issue Renewal of a six-month moratorium on the acceptance of sign permit applications for the installation of animated and electronic signs. Background On June 4,2007 the City Council adopted Ordinance 2165 which established a l80-day moratorium on the installation of animated and electronic signs within the City. The moratorium will expire at the end of November and given the significance of allowing such signs within the City, staff proposes to renew the moratorium for an additional 180- days. The City is in the process of updating the City's sign code. As part ofthe update, the regulations for animated and electronic signs will be evaluated. Planning staff has briefed Council on the proposed update and a joint meeting of the City Council and Planning Commission was held on October 25,2007. The matter was presented to Community Affairs and Parks (CAP) Committee on October 23, 2007. There was general consensus from CAP to allow the ordinance renewing the moratorium to go directly to a Regular Meeting for possible adoption. Next Step A public hearing is scheduled for this evening's meeting. Staff recommends that the public hearing be conducted and the ordinance, renewing the moratorium, be adopted as presented by staff. 6300 Southcenter Boulevard, Suite #100 · Tukwila, Washington 98188 · Phone: 206-431-3670 · Fax: 206-431-3665 City of Tukwila Washington Ordinance No. ~~) letS AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON; ESTABLISHING A SIX-MONTH MORATORIUM ON THE FILING OF SIGN, DEVELOPMENT, AND ELECTRICAL PERMITS FOR CERTAIN TYPES OF ELECTRONIC SIGNAGE WITHIN THE CITY OF TUKWILA; PROVIDING FOR SEVERABILITY; DECLARING AN EMERGENCY; A1"'\TJJ ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Title 19 of the Tukwila Municipal Code regulates signage within the City of Tukwila; and WHEREAS, as part of the City's 2007 budget process the Deparhnent of Community Development identified the need to update Title 19, and $45,000 was earmarked for that purpose; and WHEREAS, as part of the update to Title 19, the City will study and amend its current regulations of electronic signs, animated signs, holographic displays and scoreboards, and study the traffic and safety concerns that these types of signs may have; and WHEREAS, the City has received and will continue to receive applications for signs that may conflict with the City's update to Title 19 and may pose a potential threat to public safety; and WHEREAS, the City desires to limit the number of signs that may be rendered nonconforming by an update to Title 19, thereby avoiding the need for a staged amortization program for the removal of such signs, which could pose a financial burden to business owners, property owners and the City; and WHEREAS, pursuant to RCW 35.63.200, RCW 35A63.220 and RCW 36.70A.390, the City may adopt a moratorium for a period of up to six months, providing it holds a public hearing on that moratorium within 60 days after its adoption; and WHEREAS, RCW 35A.12.130 authorizes an ordinance to take effect immediately if a majority plus one of the Council deem the ordinance necessary for the protection of public health, public safety, public property or the public peace; and WHEREAS, without an immediate effective date, applications for sign permits could continue to be received by the City, which could establish vested rights that are inconsistent with the City's update to Title 19 and present legal challenges to the City's sign regulations; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings of Fact. The "Whereas" clauses above are hereby adopted by reference as the City Council's Findings of Fact, as if fully set forth herein. Section 2. Purpose. The purpose of this moratorium is to allow the City adequate time to study and adopt regulations to update Title 19 of the Tukwila Municipal Code. C:\Documcnts and SettingsWI UsersIDesk-top\.lCellyTh1SDATA\Ordinances\Sign Moratorjum .doc BM:ksn 5i3112007 Page 1 of2 Section 3. Moratorium Imposed. A moratorium is hereby established on the filing of sign, development and electrical permits for the erection, re-erection, construction, or alteration of any sign which would be classified as an "Electronic Sign" as defined under TMC 19.08.055; any sign which would be classified as an "Animated Sign" as defined under TMC 19.08.030; any sign which displays a "Holographic Display" as defined under TMC 19.08.105; and any sign considered a "Scoreboard" under TMC 19.08.195. Nothing in this moratorium shall be construed to prevent the maintenance of an existing sign, provided the maintenance is consistent with the limitations specified in TMC 19.12.050, "Exceptions-Permits Not Required," and Chapter 19.30, "Staged Compliance Sign Amortization Program." This moratorium shall not apply to any sign permit that was vested prior to the moratorium's enactment. Section 4. Effective Period of Moratorium. The moratorium established by this ordinance shall be effective as set forth in Section 7 below, and shall continue in effect for six months thereafter unless repealed, renewed or modified by the City Council after subsequent public hearing and entry of findings of fact. Section 5. Public Hearing to be Held. A public hearing on the issues of the moratorium shall be held not later than 60 days after the date of adoption of this ordinance. Section 6. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 7. Emergency Declared--Effective Date. The Tukwila City Council hereby declares an emergency, necessary for the protection of the public health, public safety, public property and public peace. This public emergency ordinance shall take effect and be in full force immediately upon adoption. Pursuant to Matson v. Clark County Board of Commissioners, 79 Wn. App. 641, 904 P.2d 317 (1995), underlying facts necessary to support this emergency declaration are included in the "Whereas" clauses above, all of which are adopted by reference as Findings of Fact as if fully set forth herein. PASSED BY THE CITY COUNC~ THE CITY O~ Tl;JKWILA, WASHINGTON, at a Regular Meeting thereof this ~ 1 day of ~JZ J , 2007. &I ATTEST/ AUTHENTICATED: e>\ J ~c, fV\ fV)\.&Ck,~ ~ ~ &L---v~ Steven M. Mullet, Mayor JarJ E. Cantu, C C, City Clerk Filed with the City Clerk: S- :3 / - c 7 Passed by the City Council: t? - 04 - u'i Published: b - 0 7 - () '7 Effective Date: ,b -0 Lj-- oj Ordinance Number: c.2 / (p .s- C:\Documents and SettingsWI Users\Desktop\Kelly\I'JSDATA\Ordinances\Sign Moratorium .doc BM:ksn 5/3 112007 Page 2 of2 ~ .#0~:::~~..~~" ~)~"""'~1 ~~i~,,\r:GJ !-;} \'~:...._..".!.~....~OI City of Tukwila Washington Ordinance No. d.- \ fl D AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RELATING TO THE FILING OF PERMITS FOR ANIMATED, ELECTRONIC, AND HOLOGRAPHIC SIGNS, ADOPTING FINDINGS OF FACT TO JUSTIFY THE MORATORIUM ADOPTED BY ORDINANCE NO. 2165; PROVIDING FOR SEVERABLITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on June 4, 2007, the Tukwila City Council passed Ordinance No. 2165, which declared an emergency necessitating the immediate imposition of a moratorium on the filing of sign, development, and electrical permits for signs that are electronic, animated, holographic, and/or are a scoreboard by the City's Sign Code; and WHEREAS, pursuant to RCW 35.63.200, RCW 35A.63.220 and RCW 36.70A.390 the City is required to hold a public hearing within 60 days of adoption of a moratorium and adopt Findings of Fact; and WHEREAS, the City Council conducted a public hearing regarding the moratorium on July 2, 2007; and WHEREAS, Title 19 ("Sign Code") of the Tukwila Municipal Code regulates signage within the City of Tukwila; and WHEREAS, as part of the City's 2007 budget process the Department of Community Development (DCD) identified the need to update the Sign Code, and $45,000 was earmarked for that purpose; and WHEREAS, as part of the update to the Sign Code, the City will study and amend its CUT- rent regulations of electronic signs, animated signs, holographic displays, and scoreboards, and study the traffic and safety concerns that these types of signs may have; and WHEREAS, the City has and will continue to receive applications for signs that may conflict with the City's update to the Sign Code and may pose a potential threat to public safety; and WHEREAS, the City desires to limit the number of signs that may be rendered nonconforming by the update to the Sign Code, thereby avoiding the need for a staged amortization program for the removal of such signs, which could pose a financial burden to business owners, property owners, and the City; and WHEREAS, pursuant to RCW 35A.63.220, the City adopted Ordinance No. 2165 establishing a six-month moratorium to allow the City adequate time for studying this issue, and adopting a revised Sign Code that would regulate electronic, animated, and holographic signs; and WHEREAS, DCD staff has presented a staff report to the City Council that outlines a tenta- tive schedule for updating the Sign Code; and WHEREAS, the City Council has considered the foregoing facts, materials, and testimony; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWlLA, WASHINGTON, DO ORDAIN AS FOLLOWS; Section 1. Adoption of Findings of Fact. The "Whereas" clauses presented above shall constitute Findings of Fact to justify the moratorium adopted by Ordinance No. 2165. Section 2. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or uncon- stitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shali not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 3. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the CiVI, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CuY CQUNCIL OF THE CITYLOF TUKWlLA, WASHINGTON, at a Regular Meeting thereof this d0d:' day of , J 1..1,~ ' 2007. A~TTT/AUTHENTICATED: %'" vV',\'\.J".,~-\-- f1rm rJ T~, )) ~lA-JJ Steven M. Mullet, Mayor VV I Jane E. C , CMC, City Clerk Filed with the City Clerk: ~ - ~ IJ -0 '7 APPROVED BY: Passed by the City Council: ' - -() 17 Published: ~-~~~1 Effective Date: - 0 ' ! Ordinance Number: ~ \ if f) City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING FINDINGS OF FACT AND RENEWING FOR AN ADDITIONAL SIX-MONTH PERIOD A MORATORIUM ON THE FILING OF SIGN, DEVELOPMENT, AND ELECTRICAL PERMITS FOR CERTAIN TYPES OF ELECTRONIC SIGNAGE WITHIN THE CITY OF TUKWILAj PROVIDING FOR SEVERABILITYj AND ESTABUSHING AN EFFECTIVE DATE. WHEREAS, Title 19 of the Tukwila Municipal Code regulates signage within the City of Tukwila; and WHEREAS, on June 4,2007, the City Council passed Ordinance 2165 which established a six-month moratorium on the filing of sign, development, and electrical permits for certain types of electronic signage within the Cityj and WHEREAS, on July 2, 2007, the City Council passed Ordinance 2170, adopting findings of fact to justify the moratorium established by Ordinance 2165; and WHEREAS, as part of the City's 2007 budget process the Department of Co=unity Development identified the need to update Title 19, and $45,000 was earmarked for that purpose; and WHEREAS, as part of the update to Title 19, the City will study and amend its current regulations of electronic signs, animated signs, holographic displays and scoreboards, and study the traffic and safety concerns that may result from these types of signs; and WHEREAS, at a joint meeting held on October 25, 2007, the City Council and Planning Commission were updated by City staff regarding various sign code issues, and the Council believes that additional time is needed to complete the steps necessary for updating the City's sign code; and WHEREAS, the City has received and will continue to receive applications for signs that may conflict with the City's update to Title 19 and may pose a potential threat to public safety; and WHEREAS, the City desires to limit the number of signs that may be rendered nonconforming by an update to Title 19, thereby avoiding the need for a staged amortization program for the removal of such signs, which could pose a financial burden to business owners, property owners and the City; and WHEREAS, on November 19, 2007, the Tukwila City Council, following adequate public notice, held a public hearing to receive testimony concerning the continuation of the moratorium on the filing of permits related to animated, electronic, and holographic signs; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings of Fact The "Whereas" clauses above and those adopted by Ordinance 2170 are hereby adopted by reference as the City Council's Fmdings of Fact, as if fully set forth herein. Macintosh HD:Users:sfacia:Des.ktop:Sign Moraloriurn Renev."aJ.doc BM:ksn 11/1512007 Page 1 of2 Section 2. Moratorium Renewed. As established by Ordinance 2165, the moratorium is hereby renewed on the filing of sign, development and electrical permits for the erection, re- erection, construction, or alteration of any sign which would be classified as an "Electronic Sign" as defined under TMC 19.08.055; any sign which would be classified as an "Animated Sign" as defined under TMC 19.08.030; any sign which displays a "Holographic Display" as defined under TMC 19.08.105; and any sign considered a "Scoreboard" under TMC 19.08.195. Nothing in this moratorium shall be construed to prevent the maintenance of an existing sign, provided the maintenance is consistent with the limitations specified in TMC 19.12.050, "Exceptions-Permits Not Required," and Chapter 19.30, "Staged Compliance Sign Amortization Program." This moratorium shall not apply to any sign permit that was vested prior to the moratorium's enactment Section 3. Term of Moratorium. The moratorium established by Ordinance 2165 and renewed herein shall take effect as set forth in Section 6 below, and shall continue in effect for six months thereafter unless repealed, modified or renewed by the City Council after a public hearing and entry of findings of fact. Section 4. Work Plan. The City is pursuing the preparation of the updated Tukwila Sign Code, using the additional time to address and analyze various issues regarding signage. Section 5. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 6. Effective Date. This ordinance or a summary thereof shall be published in the offidal newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2007. ATTEST/AUTHENTICATED: Steven M. Mullet, Mayor Jane E. Cantu, CMC, City Clerk Office of the City Attorney FIled with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: APPROVED AS TO FORM BY: Macintosh HD:Users:stacia:Desktop:Sig.n Moratorium Rene\'r'al.doc BM:ksn 1111512007 Page 2 of2 City of Tukwila Community Affairs & Parks Committee COMMUNITY AFFAIRS AND PARKS COMMITTEE Meeting Minutes October 23,2007- 5:00 p.rn; PRESENT Councihnembers: Staff: Pam Linder, Chair; Pam Carter and Dennis Robertson Rhonda Berry, Kevin Fuhrer, Jack Pace, Sandra Whiting, Bruce Fletcher, Rick Still, Curt Chandler, Stephanie Gardner, Jim Morrow, Ryan Larson, and Gail Labanara CALL TO ORDER: Committee Chair Linder called the meeting to order at 5:03p.m. I. PRESENTATIONS No presentations. n. BUSINESS AGENDA: Item B was discussed first as Pam Carter arrived late. A. Duwamish Gardens Acquisitions - Property Purchase Ryan Larson reviewed the history and location of this site. Last week, we were informed that the potential sale by another buyer had fallen through and that King County was ready to negotiate. King County requested that the purchase and sale agreement be forwarded to CAP and Council as soon as possible. Due to the negotiations, staff is not able to list the appraised value but would like authorization to submit an offer up to 10% over the appraised value. Ryan also reported that there appears to be enough grant funding for acquisition and construction and distributed a new CIP page to update the 2008 Proposed ClP. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 5 REGULAR MEETING. B. Renewal of Moratorium on Certain Types of Sign age Jack Pace stated that the current moratorium on animated and electronic signs would expire at the end % of November. Staff is asking that the moratorium be continued for an additional 180 days. Due to the cancellation of the Nov. 13 COW, they are also requesting that the item be forwarded to Nov. 19. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 19 REGULAR MEETING. C. Tukwila Pond Water Quality Feasibility Studv and Design Update Rick Still gave a brief overview of the landscape design and then Sandra Whiting presented the concepts for the proposed water quality improvements. The first item includes hydroponic islands, which are floating islands with wetland vegetation that look natural and would provide shade and phosphorous removal. The second item was laying aeration lines at the bottom of the pond for pumping air and injecting alum flocculate to remove.the phosphorous, which feeds the algae. Sandra. did state that if we dredge the pond, there is a strong possibility that we risk permanently draining the pond. The third item is planting emergent reeds in the southwest comer of the pond. The final option includes bringing clean water by diluting and flushing with clean tap water or river water. Pam C. asked about using reclaimed water or a water feature that could aerate and improve oxygen levels. TetraTech, the consultant, will give a presentation to Council by year-end. INFORMATION ONLY. ICAS NUMBER: 07-127 Fund Source: N/A Comments: N/A 1 MTG. DATE 1 10/22/07 EXPENDITURE REQUIRED COUNCIL AGENDA SYNOPSIS Iv1eetin Date 10/22/07 11/19/07 Initials Prepared by F Mayor's review Council review KAF r�1/ KAF OF - ITEM INFORMATION ORIGINAL AGENDA DATE. OCTOBER 22, 2007 AMOUNT BUDGETED RECORD OF COUNCIL ACTION Forward to 11/19/07 Regular Meeting MTG. DATE ATTACHMENTS 10/22/07 Informational Memorandum dated 10/16/07 Larry Gossett correspondence dated 10/12/07 Preliminary Levy Limit Worksheet 2008 Tax Roll Excel Spreadsheet Calculating the 2008 Proposed Property Tax Levy Proposed Ordinances Minutes from the Finance Safety Committee Meeting of 10/15/07 11/19/07 Ordinances in Final Form (setting Regular Levy and increasing Levy by 1 Minutes from fhe i nance &safety meeting of 10/15/0% ITEM NO 5.B. AND 6.B. AGENDA PrE\i TITLE 2008 Property Tax Ordinances 1) Setting the Regular Levy 2) Increasing the Regular Levy by 1.0 percent CATEGORY Disciission Motion Resolution Ordinances Bid Award Public Hearing Other r11tg Date 10/22/07 Mtg Date Aftg Date Mtg Date 11/19/07 Mtg Date Aft Date 11/19/07 kitg Date SPONSOR Council 'vla y or Adra Svcs DCD Finance Fire Legal P&R Police PW SPONSOR'S Pursuant to State statute, both proposed ordinances are required in order to receive SUMMARY property tax revenues in 2008. The deadline for submitting 2008 property tax levies to King County is November 30, 2007. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. (l Planning Comm. DALE: 10/15/07 RECOMMENDATIONS: SPONSOR /ADMIN. Adopt the two proposed property tax ordinances as presented COMMIrrEE Unanimous approval; forward to Committee of the Whole COST IMPACT FUND SOURCE APPROPRIATION REQUIRED Jane E. Cantu, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney 1908 City of 4ukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, LEVYING THE GENERAL TAXES FOR THE CITY OF TUKWILA IN KING COUNTY FOR THE FISCAL YEAR COMMENCING JANUARY 1, 2008, ON ALL PROPERTY, BOTH REAL AND PERSONAL, IN SAID CITY WHICH IS SUBJECT TO TAXATION FOR THE PURPOSE OF PAYING SUFFICIENT REVENUE TO CARRY ON THE SERVICES OF THE SEVERAL DEPARTMENTS OF SAID CITY FOR THE ENSUING YEAR AS REQUIRED BY LAW; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Tukwila has considered the City's anticipated financial requirements for 2008 and the amounts necessary and available to be raised by ad valorem taxes on real, personal and utility property; and WHEREAS, the final assessed valuation calculation has been determined; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Regular Tax Levy. A. There shall be and hereby is levied on all real, personal, and utility property in the City of Tukwila, in King County, whose estimated assessed valuation is 54,385,613,904, current taxes for the ensuing year commencing January 2008, in the amount and at the rates specified below: Rate Amount Regular Tax Levy $2.60 511,400,000 B. The said taxes herein provided for are levied for the purpose of payment upon the general bonded indebtedness of the City of Tukwila, the General Fund, and for the maintenance of the departments of the municipal government of the City of Tukwila for the fiscal year beginning January 1, 2008. Section 2. Collection. This ordinance shall be certified to the proper County officials, as provided by law, and taxes here levied shall be collected to pay to the Finance Director of the City of Tukwila at the time and in the manner provided by the laws of the State of Washington for the collection of taxes for non- chartered code ci5es. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force and effect January 1, 2008. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2007 ATTEST /AUTHENTICATED Macintosh 1i: Users: stacia :Desktop:legislation:General Tax Lcvy 2008.doc KF :ksn 11/13/2007 Filed with the City Clerk: Passed by the City Council: Published. Effective Date: Ordinance Number: Steven M. Mullet, Mayor Page 1 of 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, INCREASING THE CITY OF TUKWILA REGULAR LEVY FROM THE PREVIOUS YEAR, COMMENCING JANUARY 1, 2008, ON ALL PROPERTY, BOTH REAL AND PERSONAL, IN COMPLIANCE WITH RCW 84.55.120; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila has properly given notice of a public hearing, held on November 19, 2007, pursuant to RCW 84.55.120; and WHEREAS, the City, after hearing and duly considering all relevant evidence and testimony presented, has determined that the City requires an increase in property tax revenue from the previous year, in addition to the increase resulting from the addition of new construction and improvements to property and any increase in the value of State assessed property, in order to discharge the expected expenses and obligations of the City; and WHEREAS, the City has determined that it is in its best interest and necessary to meet its expenses and obligations for the property tax revenue to be increased for 2008, and the final assessed valuation calculation has been determined; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section I. An increase in the regular property tax levy, in addition to any amount resulting from the addition of new construction and improvements to property and any increase in the value of state assessed property, is hereby authorized for the 2008 levy in the amount of $111,658, which is a percentage increase of 1.0% from the previous year. Section 2. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 3. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force and effect January 1, 2008. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2007. ATTEST /AUTHENTICATED: Jane E. Cantu, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney City of Tukwila Washington Ordinance No. Macintosh HD: Users: stacia :Desktop:Iegislation:Regular Tax Levy 2008.doc KF:ksu 11/13/2007 Steven M. Mullet, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Page 1 of 1 FINANCE AND SAFETY COMMITTEE Meeting Minutes October 15, 2007- 5:00 p.m. PRESENT Councilmembers: Jim Haggerton, Chair; Joan Hernandez and Dennis Robertson Staff: Kevin Fuhrer, Christy O'Flaherty, Rhonda Berry, Derek Speck, Trish Kinlow, Viki Jessop, Mary Miotke, Shelley Kerslake and Melissa Hart Guests: Chuck Parrish, Jim Fiegal and Danijel Katicin CALL TO ORDER: Committee Chair Haggerton called the meeting to order at 5:09 p.m. I. PRESENTATIONS No presentations. Ci/v of Tukwila Finance Safety Committee II. BUSINESS AGENDA A. South King County Seattle Municinal Courts Language Assistance Plan Staff reported of the $2 million dollar grant the state has set -aside for this program and that Tukwila has spearheaded the grant application. Councilmember Hernandez complimented Trish Kinlow on the efforts of this grant application and the very enlightening information that was provided in the agenda packet. There was also discussion about the new electronic forms and how that would impact our costs, as well as a possible need for special equipment. Ms. Kinlow stated she is working with the City of Kent Municipal Court Administrator on a simple form that would be on a laptop located in the court for patrons to use. The Committee complimented Ms. Kinlow on the very informative nature of the presentation and wished her luck in the grant process. INFORMATION ONLY. B. Interlocal Agreement for Jail Study Rhonda Berry provided a brief background on this subject to the guests, and the new information that the City of Auburn is considering joining the Interlocal agreement with Des Moines, Federal Way, Renton and Tukwila. The Committee asked if that would lower Tukwila's funding amount for the study, Ms. Berry stated she needed more time to discuss the study with the City of Auburn, and they did not want to hold up the signing of the agreement. Once a decision has been made, an amendment should be provided to the agreement adding the City of Auburn to Section 3 and Tukwila's share of the total cost of the feasibility study should be less. Due to the length of the October 22 Council meeting it was requested this item be added to an agenda in the near future to accommodate the November 26 deadline. UNANIMOUS APPROVAL. FORWARD TO FUTURE COW. C. 2008 Prooertv Tax Levy Ordinance Kevin Fuhrer provided background information and the calculations used to determine the 2008 property tax levy. The proposed levy amount is $11,400,000 and results in an anticipated levy rate of $2.60 per $1,000 of valuation. Furthermore he reported that King County requires that the City submit its levy request no later than November 30, 2007. A public hearing will be scheduled for November 19, 2007. UNANIMOUS APPROVAL. FORWARD TO OCTOBER /22 COW. CAS NUMBER: 07-132 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by illa;or's review Council review 11/19/07 KAF ITEM INFORMATION ORIGINAL AGENDA DATE: 11/19/07 AC; ENDA ITEM TITLE Public Hearing on the 2008 Proposed Budget and Financial Planning Model and Capital Improvement Program AND approval of year -end financial documents. CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing n Other MIX Date Mtg Date tlltg Date 12 /03/07 Altg Date 12 /03/07 illt• Date lltg Date 11/19/07 Artg Date 1 SP )NSOR Council Mayor Adm Svcs DCD Finance Fire Legal Pd-R Police PI SPONSOR'S Per RCW 35A.33.07 "The Council shall meet on the day fixed by RCW 35A.33.060 for the SUMMARY purpose of fixing the final budget of the City at the time and place designated in the notice thereof. Any taxpayer may appear and be heard for or against any part of the budget..." A public hearing notice was published in the City's official newspaper, The Seattle Times, for two consecutive weeks (November 1 and November 8). Passage of year -end financial documents is necessary after the public hearing is conducted. RIEVIEWED BY COW Mtg CA &P Cmte n F &S Cmte Transportation Cmte Utilities Cmte Arts Comm I I Parks Comm. Planning Comm. EXPENDITURE REQUIRED Fund Source: Comments MTG. DATE 11/19/07 MTG. DATE 11/19/07 No attachments DATE: RECOMMENDATIONS: SPONSOR /ADMIN. Public Hearing and later adoption of ordinances and resolution COMMITTEE N/A COST IMPACT FUND SOURCE AMOUNT BUDGETED RECORD OF COUNCIL ACTION ATTACHMENTS ITEM No. 5.C. AND 6.C. APPROPRIATION REQUIRED CAS NUMBER. 07-128 REl'TEWED BY COW Mtg. CA &P Cmte Utilities Cmte Arts Comm. RECOMMENDATIONS: SPONSOR /ADMIN. Council President COMMITTEE Fund Source: Comments: 1 MTG. DATE MTG. DATE 10/22/07 11/19/07 COUNCIL AGENDA SYNOPSIS Meeting Date 10/22/07 11/19/07 Inzttalr Prepared by I Mayors review I Council review KAM 1 IL JL 2 KAM 1 A L 1 i ITEM INFORMATION ORIGINAL AGENDA DATE: 10/ 22/07 AG F,NDA ITEM TITLE Councitmember initiatives for Mayor's 2008 Proposed Budget and CIP (continued). C.\Tl'EGORY N Discussion Motion Resolution Ordinance Bid Award Public Hearing Other AItg Date 11/19/07 zlltg Date Kits Date Mtg Date Mtg Date Altg Date Mtg Date 1 SPONSOR N Council Mayor Adm Svcs DCD Finance U Fzr-e U Legal P &R n Police n Pil%/ SPONSOR'S Opportunity for Councilmembers to provide and discuss any program or financial SUMMARY initiatives that they recommend for consideration and incorporation into the Mayor's 2008 Proposed Budget and CIP (continued). F &S Cmte Parks Comm. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED RECORD OF COUNCIL ACTION ATTACHMENTS Informational Memorandum dated 10/17/07 Informational Memorandum dated 11/9 /07 ITEM NO. 6.D. Transportation Cmte Plannu Comm. APPROPRIATION REQUIRED TO: Mayor Mullet Tukwila City Council FROM: Joan Hernandez, Councilmembe CC: DATE: SUBJECT: MEMORANDUM Rhonda Berry, City Administrator; Kevin Fuhrer, Finance Director November 9, 2007 2008 Budget Initiatives City of Tukwila City Council Below you will find several budget initiatives that I would like to suggest for incorporation into the 2008 Mayor's Proposed Budget and CIP. As you will note, several of the initiatives are goal related but would require budget expenditures and are therefore included as budget initiatives. Citizen Complaint Tracking System. As part of the Council goals which will tie into a budget initiative, I would like to see us implement an on -going tracking system for keeping track of citizen complaints and concerns. Whether it is a system like "Civic Plus" or whether we develop our own internal system, I think we need an on -going established process that allows us refer to current and past issues to see that they have been followed up on or resolved. Improved Functionality of E -mail System. The current Novell software program is very cumbersome for us to use and not very efficient. I would like to see a more user friendly email system for councilmembers to use in accessing their City email and communicating with one another. Permanent Neighborhood Resource Center. 1 would like one of the Council goals, which will tie into a budget initiative to be "support efforts to locate a permanent City -owned Neighborhood Resource Center in a visible location on the Tukwila Village site." When the City owns so much property on TIB, I don't think it is cost effective to continue to rent space that we don't own. If we become a "tenant" instead of an "owner" in a new location, we could be subject to the same uncontrollable costs we incur now with a landlord raising our rent annually and not taking care of the property properly. Re- institute Bike Patrols. Since citizens at the TIB public meetings raised the issue, and it was a successful tool previously, I would like to see the Police Department re- institute the bicycle patrols on TIB. Trail Bike Patrols. I see a need for the bicycle patrol to be expanded to the trail system as well. Many bikes speed, don't give notice to pedestrians that they are passing on the left, and don't dismount under bridges, creating safety issues for pedestrians. When I walk the trails in Renton, I see Renton police on bicycle patrols which makes trail users feel safer and I would like to see Tukwila reinstitute the use of bicycle patrols throughout the City. Speed Limit Enforcement on Andover. An e -mail was recently sent to the City requesting more police enforcement on Andover Park West. A pedestrian narrowly escaped injury when a speeding car went off of Andover Park West and landed in the pedestrian walkway. I would like to see a greater emphasis placed on enforcing the speed limit on both Andover Park East and Andover Park West. Fire Department Aid Car. I would like to see continued efforts made to restore the Fire Department's Aid Car. I CAS NUMBER: 07-133 EXPENDITURE REQUIRED $208,414.00 MTG. DATE 11/19/07 COUNCIL A GENDA SYNOPSIS Initials Meeting Date Prepared b Mayor's review 11/19/07 ]M A t AMOUNT BUDGETED $1,000,000.00 Council review ITEM INFORMATION IORIGINAL AGENDA DATE: NOVEMBER 19, 2007 AGENDA ITEM "TITLE Seismic Hazard Analysis Supplemental Agreement #3 with Reid Middleton CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 11/19/07 Mtg Date 11/19/07 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date: SPONSOR Council Ma Adm Svcs DCD Finance Fire Legal (1 P&R Police PW SPONSOR'S Reid Middleton completed a seismic hazard screening report on eleven city facilities. All of SUND.IARY the facilities require additional analysis that include conceptual level designs and cost estimates. Six facilities will be evaluated for seismic retrofit and five facilities will be evaluated for the financial feasibility of retrofit compared to replacement. Supplemental Agreement #3 is for $208,414.00. REVIEWED BY COW IvMtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. (l Parks Comm. Planning Comm. DA'I'S: 11/05/07 RECOMMENDATIONS: SPONSOR /ADMEN. Authorize Mayor to sign the Supplemental Agreement #3. COA IITTEE Unanimous approval; forward to Regular Council (due to 11/13 cancellation). COST IMPACT FUND SOURCE Fund Source: 303 Facility Improvements (page 71, 2007 CIP) Comments: MTG. DATE 11/19/07 RECORD OF COUNCIL ACTION ATTACHMENTS Information Memo dated November 6, 2007 on Supplemental Ag Information Memo dated October 29, 2007 on Seismic Report Seismic Screening Evaluation Report by Reid Middleton Supplemental Agreement #3 with Exhibits Finance Safety Committee Meeting Minutes from November 5, 2007 ITEM NO. 7.A. APPROPRIATION REQUIRED INFORMATION MEMO To: Mayor Mullet From: Public Works Director Date: November 6, 2007 Subject: Seismic Hazard Analysis Services Supplemental Agreement No. 3 with Reid Middleton City Project No. 03 -BG04, Contract No. 07 -087 ISSUE Approve Supplemental Agreement No. 3 with Reid Middleton for Seismic Hazard Analysis Services. BACKGROUND Reid Middleton was the only respondent to the Request For Qualifications and subsequently entered in to City Contract No. 07 -087 for preliminary seismic hazard screening services (Phase I) in the amount of $19,092.00. Reid Middleton began work on May 16, 2007 and submitted the final seismic hazard screening report on September 21, 2007. Supplemental Agreement No. 1 was for a 90 -day time extension, and Supplemental Agreement Number 2 in the amount of $5,240 included a time extension for adding three City facilities to the Seismic Hazard Screening Services Project (the Community Center, George Long Shops, and Minkler Shops were not included in the original contract). As recommended in the final report (Attached), the City facilities listed below will now be evaluated in detail using the industry standard ASCE 31 Seismic Evaluation Procedure described on page 2 -2 of the final report. The City asked Reid Middleton to submit a supplemental agreement proposal with a scope and fee estimate to perform Tier 2 and Tier 3 seismic evaluations (Phase II). Tier 2 evaluations provide analyses more refined than Tier 1, but are still limited to simplified linear procedures. Tier 3 evaluations are more detailed and use advanced analytical procedures. The attached Supplemental Agreement No. 3 will include, but not be limited to the following services: Tier 2 evaluations for: o Fire Station 53 Tier 3 evaluations for: o City Hall o 6300 Building o Fire Station 51 o Fire Station 54 o Tukwila Community Center P \PROJECTS\A- BG Projects\038G04 Seismic Screening Gty Facilities \Info Memo Seismic Analysis 07 -087 Supplement #3.doc Page 2 November 6, 2007 Mayor Mullet Conceptual -level designs and cost estimates for seismic retrofit on the 6 facilities listed above. Preliminary geotechnical recommendations for the facilities listed below that are structurally deficient and do not warrant Tier 2 and Tier 3 evaluations. These facilities are to be evaluated for the financial feasibility of retrofit compared to replacement. o Fire Station 52 o Minkler Shops o George Long Shops Final detailed report of all seismic hazard evaluation, analysis and retrofit recommendations. ANALYSIS Supplement No. 3 is a reasonable scope and fee based on this level of preliminary engineering effort. This Supplemental Agreement No. 3 brings the total cost of the contract to $232,746.00. RECOMMENDATION Approve Supplemental Agreement No. 3 to Contract 07 -087 in the amount of $208,414.00. attachments: Final Phase I Seismic Hazard Screening Report (Sections 1, 2, and 3) Supplemental Agreement No. 3 P: \PROJECTS\A- 8G Projects \03BG04 Seismic Screening City Facilities \Info Memo Seismic Analysis 07 -087 Supplement #3.doc ISSUE INFORMATION MEMO To: Mayor Mullet From: Public Works Directo Date: October 29, 2007 Subject: Seismic Hazards Screening Report Review results of Seismic Hazards Screening Report BACKGROUND Reid Middleton was contracted to provide Seismic Hazard Screening and Reporting services, using FEMA 154 (see section 1.2, page 1 -1) and ASCE 31 -03 (see section 2.0, page 2.1) screening criteria for nine City buildings (Minkler Shops was separated into three separate structures, see Table 1 -1). This initial screening and evaluation only looks at rough structural details and does not include detailed structural analysis and seismic retrofit design and cost estimating. ANALYSIS The screening and evaluation results from the FERIA. 154 criteria shown in Table 1 -1, are based on a Maximum Considered Earthquake (MCE), which has a 2 percent probability of exceedance in 50 years. The Table 1 -1 structural scores are based on the probability of collapse for the MCE. The lower the score, the higher the probability of collapse. The scores range from 3.1 for City Hall down to 1.1 for the Community Center. The ASCE 31 -03 Tier 1 evaluation results are shown in section 2 of the report. The evaluation results outline deficiencies and structural elements worth of additional evaluation and analysis. RECOMMENDATION Facilities with a structural score of 2.5 or less receive an in -depth seismic evaluation (6300 Building, Fire Stations 51, 53 and 54, and the Community Center). Fire Station 53 and City Hall will be further evaluated because of their criticality, and Fire Station 52, Minkler and George Long Shops will be evaluated for replacement or seismic upgrade. attachments: Final Phase I seismic hazard screening report (sections 1, 2 and 3) P_ \PUBWORKS\PROJECTS\A- 8G Projects \038G04 Seismic Screening aty Fadlibes \Info Memo Seismic Screening Report.Goc 1.0 Rapid Visual Screening 1.1 Overview Reid Middleton, Inc. performed rapid visual screenings on 11 buildings that the City of Tukwila identified as critical to their operations. Rapid visual screening of buildings for potential seismic hazards is often the first step of a multi -phase procedure for identifying seismically hazardous buildings. The Rapid Visual Screening Procedure (RVSP) uses a methodology based on a "sidewalk survey" of a building with a data collection form, which the inspector completes based on visual observation of the building. Structural scores are assigned to each building. The scores are tabulated to create a property inventory and ranking of buildings based on their relative seismic hazard potential. The rapid visual screening evaluations are then used to determine which facilities should be considered for further investigation. The RVSP is the first step in the development of a seismic risk reduction program for buildings owned and occupied by the City of Tukwila. 1.2 Criteria This work was performed in accordance with Rapid Visual Screening of Buildings for Potential Seismic Hazards (FEMA 154 and 155) published in 1988 and revised in 2002 by the Federal Emergency Management Agency (FEMA). This procedure is based on the Applied Technology Council's ATC -21 project and is a nationally recognized and widely accepted methodology to perform an initial seismic screening of buildings. The seismic hazard criteria in the second edition of FEMA 154 are based on achieving the Collapse Prevention Performance Objective for ground motions from what is commonly referred to as a Maximum Considered Earthquake (MCE). An MCE has a 2 percent probability of exceedance in 50 years, corresponding to a return interval of 2,475 years. A building performing at a collapse- prevention level in an MCE would be expected to be severely and irreparably damaged but should not totally collapse. 1.3 Evaluation Procedure Overview The FEMA 154 process is a preliminary seismic screening procedure based on visual observations used to identify potentially hazardous buildings. Data collection forms, included in the Appendices, assign structural scores to each building. Structural scores are based on building type classifications and performance modification factors that qualitatively indicate the expected seismic performance of the buildings. The structural scores are used to rank the buildings to determine which buildings will Iikely provide an acceptable measure of life- safety protection and which buildings may be seismically hazardous and may warrant further investigation. The expected seismic risk that is determined by the RVSP is based on historical performance of buildings with similar characteristics. The results should be considered preliminary and used only as a guide to determine which buildings warrant further investigation. In some cases, such an investigation may reveal elements of a structure that compensate for the deficits identified in City of Tukwila Seismic Screening Evaluation 1 -1 Se tember 2007 _Reid iddieton the RVSP. Furthermore, since the RVSP is typically accomplished without exposing structural elements and in some cases without entering the building, some indicators of high seismic risk may not be apparent to the screener. As a result, some buildings may be more at risk than indicated by the RVSP. 1.4 Evaluation Results The following table summarizes the rapid visual screening structural scores and resulting relative seismic safety rankings for the 11 City of Tukwila buildings evaluated. Higher structural scores indicate better expected seismic performance. Table 1 -1. City of Tukwila RVSP Scores and Relative Rankings. Relative Rank Building Description 1 1 Tukwila Community Center 2 1 6300 Building 3 1 Fire Station 51 4 Minkler Shop Office and Repair Garage 5 Minkler Shop Work Room and Storage Bins 6 Minkler Shop Covered Parking 7 1 Fire Station 52 8 George Long Shop 9 Fire Station 54 10 Fire Station 53 11 Tukwila City Hall Structural Scores, S 1.1 1.2 1.5 1.5 1.5 1.5 2.0 2.1 2.2 2.9 3.1 FEMA 154 uses the structural scores to predict the probability of building collapse for the MCE; the score is applied as an exponent to the number 10. For example, a building with a score of 2 would have a 1 in 100 chance of collapse, while a building with a score of 3 would have a 1 in 1,000 chance of collapse. Thus, the building with a RVSP score of 1 would be more hazardous than a building with a score of 2. Note that the rapid visual screening scores (and, therefore, the rankings) given do not explicitly account for a building's use or importance. For example, a fire station that is staffed 24 hours a day with a RVSP score of 2.0 may pose greater risk than a lower occupancy structure, such as covered parking, with a RVSP score of 1.5. Comparisons between the MCE and recent earthquakes experienced in this area may be made based on information provided in the Reconnaissance Report of the February 28, 2001 Nisqually Earthquake'. This report estimates that the ground motions from the 2001 Nisqually Earthquake would be only one j Reconnaissance Report (SSRP- 2001/02) of the February 28, 2001 Nisqually (Seattle Olympia) Earthquake prepared by University of California, San Diego; Andre Fil►atrault; Chia -Ming Uang, Bryan Folz, Constantin Chrstopoulos, Kip Gatto; March 2001 City of Tukwila Seismic Screening Evaluation 1 -2 Se tember 2007 Reid iddteton_ third as strong as the ground motions felt from the MCE for a site adjacent to the City of Tukwila. This indicates that many buildings that performed well during the Nisqually Earthquake may not perform well during a design -level event. 1.5 Conclusions and Recommendations Table 1 -1 shows the RVSP seismic hazard structural scores for the 11 City of Tukwila buildings that have been evaluated. For typical buildings, FEMA 154 recommends a cut -off score of 2.0 be utilized as the RVSP score where buildings that score below this value be investigated more thoroughly. However, the FEMA guidelines also suggest that higher cut off scores may be more appropriate for determining if further seismic evaluations are warranted for essential facilities and critical infrastructure. We recommend that a RVSP structural score of 2.5 be used as the cut off for this evaluation. Buildings with a structural score of 2.5 or less should be analyzed in greater detail, since they may be vulnerable to collapse as a result of an earthquake having severe ground motions. In addition, because Tukwila City Hall and Fire Station 53 are essential facilities that provide first response capabilities for the City's police and fire personnel, more detailed seismic evaluation of these facilities is recommended. City of Tukwila Seismic Screening Evaluation 1 -3 Se ember 2007 Reid iddlefoa 2.0 ASCE 31 -03 Tier I Evaluations Preliminary seismic evaluations were performed for 11 buildings owned by the City of Tukwila. The evaluations reviewed the expected seismic performance of each building to identify potential structural deficiencies that may affect the building's functionality after an earthquake. The following 11 buildings were evaluated in more detail compared to the RVSP described in the previous section: Tukwila City Hall 6300 Building Fire Stations 51, 52, 53, and 54 Minkler Shops (3 Total Buildings) George Long Shop Tukwila Community Center The preliminary seismic evaluations do not consider compliance of the subject buildings with the seismic requirements of the current building code for new construction. Buildings designed prior to the current or previous building codes often include structural configurations and detailing that do not comply with current code requirements. Buildings designed to older building code standards are typically evaluated using evaluation and design guidelines specifically developed for existing structures by the Federal Emergency Management Agency (FLMA) and the American Society of Civil Engineers (ASCE). The latest edition of the building code includes these documents as reference standards for the evaluation of existing buildings. Findings and recommendations presented herein are primarily based on a review of record drawings provided by the City of Tukwila and on visual observations of the buildings. The available record documents do not contain some information that is needed to confirm the structural configuration of some portions of the buildings. This is typical of record documentation for older buildings. Reid Middleton participated in a walk- through of each of the buildings noted above. Limited visual observations of existing conditions were performed during the walk- through. No testing or field verification efforts were performed to confirm or supplement information shown in the record drawings. Future, detailed evaluations should include material testing and additional field verification as appropriate to better understand the existing structural condition and configuration of each building. The current standard for the seismic evaluation of existing buildings is the ASCE Standard 31 -03, Seismic Evaluation of Existing Buildings (ASCE 31). ASCE 31 is a screening and evaluation document used to identify potential seismic deficiencies that may require additional seismic evaluation or hazard mitigation. The document presents a three tiered review process implemented by following a series of comprehensive checklists and "quick check" calculations. Each tier is designed to perform an increasingly refined evaluation procedure for seismic deficiencies identified in previous tiers in the process. City of Tukwila Seismic Screening Evaluations 2 -1 Se tember 2007 Reid iddlituit TIER 1— Screening Phase Checklists of evaluation statements to quickly identify potential deficiencies Requires field investigation and /or review of record drawings Analysis limited to "Quick Checks" of global elements May proceed to Tier 2, Tier 3, or rehabilitation design if deficiencies are identified TIER 2 Evafyation,Pha "Full Building" or "Defidency Only" evaluation Address all Tier 1 seismic deficiencies Analysis more refined than Tier 1, but limited to simplified linear procedures Identify buildings not requiring rehabilitation TIERF3 Detailed Evaluation Phase Component -based evaluation of entire building using reduced FEMA 356 forces Advanced analytical procedures available if Tier 1 and /or Tier 2 evaluations are judged to be overly conservative Complex analysis procedures may result in construction savings equal to many times their cost t?oterttTat_:. iefldences7 AND /OR NO Interest in Redudng Seismic Risk Data Collection TIER 1 Screening Phase YES t TIER 2= Evaluation Phase Retailed YEs Figure 2 -1 Flow Chart and Description of ASCE 31 Seismic Evaluation Procedure. City of Tukwila Seismic Screening Evaluations 2 -2 Se AND /OR Tier 1 checklists screen for potential seismic deficiencies by examining the lateral systems and details of the structure in comparison with configurations that have historically caused poor seismic performance in similar buildings. Tier 1 includes basic analyses for primary components of the lateral system such as columns, frames, and beams. Tier 2 provides more detailed evaluations for deficiencies identified in the Tier 1 review. Tier 3 involves more detailed analysis and review of the demand and capacity of each building component. This report contains the findings from ASCE 31 -03 Tier 1 evaluations of the 11 City of Tukwila buildings identified above. Because many of these buildings provide first- response capabilities and important post- disaster recovery functions for the City of Tukwila, they were evaluated to Immediate Occupancy Performance levels. Buildings that meet Immediate Occupancy Performance are expected to be structurally functional after an earthquake. (ember 2007 Reid iddtetur 2.1 Tukwila City Hall 2.1.1 Building Description, Tukwila City Hall Tukwila City Hall is a 32,800 square foot building that has a distinctive saw -tooth plan shape on the south elevation of the structure. The building's vertical structural system consists of plywood floor sheathing supported by wood trusses, wood beams, wood posts, concrete columns, and concrete bearing walls supported by spread and strip foundations. The lateral force resisting system (LFRS) consists of wood diaphragms supported by wood and concrete shear walls. Tukwila City Hall Built in 1977 2 stories on east side 3 stories on west side Floor Area: 32,800 SF 2.1.2 Evaluation Results, Tukwila City Hall The primary deficiency identified in Tukwila City Hall is related to the building's limited lateral support and structural irregularity in the upper floor. The building has wood shear walls that are perpendicular to the building's south facing windows at many locations. These walls are not continuous to the building's foundation and are not typically in Iine with the lateral framing elements below. There also appears to be in sufficient amounts lateral framing in the upper floor's east -west direction. Because of these load path discontinuities, the building appears to have Iimited ability to transfer lateral loads to the base of the structure form its upper floors. This likely will result in poor performance during a seismic event. Additional deficiencies are identified in the completed ASCE 31 -03 Tier 1 Checklist in Appendix B. This building does not currently meet the Immediate Occupancy Performance Objective. 2.1.3 Recommendations, Tukwila City Hall Because of the discontinuities identified in the building's LFRS, and other deficiencies noted in the Tier 1 checklists, we recommend that a more detailed ASCE 31 -03 Tier 3 evaluation of Tukwila City Hall be conducted. City of Tukwila Seismic Screening Evaluations 2 -3 Se•tember 2007 Reid i tdlofon? 2.2 6300 Building 2.2.1 Building Description, 6300 Building The 6300 Building is a three story, 33,600 square foot building that was constructed on the side of a slope. The gravity system consists of plywood floor sheathing supported by open web steel joists, wood beams, wood posts, steel columns, and concrete bearing walls supported by shallow spread and strip concrete foundations. The LFRS for the 6300 Building consists primarily of wood diaphragms with concrete shear walls. In addition to the primary framing systems mentioned above, the building has wood shear walls, steel moment frames, concrete moment frames, and elevated precast concrete slabs in some locations. A variety of structural systems and material types, in conjunction with three partial- basement sides of the building that act as retaining walls, add to the buildings complexity. 6300 Building Built in 1978 3 Stories Floor Area: 33,600 SF 2.2.2 Evaluation Results, 6300 Building The primary deficiency identified in the 6300 Building is the significant number of structural irregularities throughout the building. Based on the record drawings available, the upper stories have a minimal amount of lateral framing in the building's longitudinal direction. This may result in poor structural performance during a seismic event. In addition, a number of the building's concrete shear walls are tall and slender, with aspect ratios greater than 4:1. These walls do not have adequately confined boundary zones, which may result in undesirable non ductile performance of these walls under seismic loading. An additional concern is the diaphragm to wall connections. These connections are needed to stabilize the concrete shear walls for out -of -plane lateral forces but appear inadequate. Failure of these connections could lead to separation of the walls from the floors and partial collapse of the roof and floor structures during a seismic event. This connection deficiency also limits the diaphragm's ability to transfer lateral loads into the concrete shear walls. Additional deficiencies are identified in the complete ASCE 31 -03 Tier 1 Checklist in Appendix B. This building does not currently meet the Immediate Occupancy Performance Objective. City of Tukwila Seismic Screening Evaluations 2 -4 Se tember 2007 :R id id lefwi; 2.2.3 Recommendations, 6300 Building Because of the discontinuities identified in the building's LFRS, and other deficiencies noted in the Tier 1 checklists, we recommend that a more detailed ASCE 31 -03 Tier 3 evaluation of the 6300 Building be conducted. 2.3 Fire Station 51 2.3.1 Building Description, Fire Station 51 Fire Station 51 is a two- story; 17,700- square foot building that houses the Tukwila Fire Department's administration offices, and a battalion chief, an engine company, and a variety of reserve and special operation apparatuses. The gravity system consists of plywood floor sheathing supported by wood trusses, wood beams, steel beams, steel posts, concrete columns, and concrete bearing walls supported by spread and strip concrete foundations. The LFRS consists of wood diaphragms with wood and concrete shear walls. Fire Station 51 Built in 1973 2 Stories Floor Area: 17,700 SF City of Tukwila Seismic Screening Evaluations 2 -5 Se 2.3.2 Evaluation Results, Fire Station 51 Several notable deficiencies were identified in Fire Station 51. The structure has limited lateral resistance of the high roof structure located above the crew quarters. The concrete shear walls located on the east side of the crew quarters are not continuous to the foundation. Because these walls are not continuous to the building's foundations, they may not provide adequate lateral resistance and could cause damage to their supporting structural elements during a seismic event. Furthermore, the diaphragm to wall connections that are needed to provide out -of -plane lateral stability for the precast concrete shear walls do not appear to have adequate capacity. Rupture of these connections could lead to separation of the floors from the walls and partial or total collapse of the roof and floor structures during an earthquake. This deficiency is primarily a concern in the areas over the apparatus bay. tember 2007 -Reid Tt idtetaii Additional deficiencies were noted at the wall panel to panel connections and at the foundation to wall panel connections. These deficiencies could lead to the panels acting independently, rather than acting together as a unit as is desired. This independent action can lead to excessive stress in the individual panels, causing wall failures. Another seismic issue is the slenderness of the wall piers between the apparatus bay doors. Because these piers have high aspect ratios, special reinforcing detailing is required to resist seismic forces. This detailing was not incorporated into the original design due to the age of construction; additional more in depth evaluation is required to determine the seismic adequacy of these elements. Additional deficiencies are identified in the complete ASCE 31 -03 Tier 1 Checklist in Appendix B. This building does not currently meet the Immediate Occupancy Performance Objective. 2.3.3 Recommendations, Fire Station 51 Because of the discontinuities in the buildings' LFRS, the identified panel connection deficiencies and the other deficiencies noted in the Tier 1 checklist, we recommend that a more detailed ASCE 31 -03 Tier 3 evaluation of Fire Station 51 be conducted. 2.4 Fire Station 52 2.4.1 Building Description, Fire Station 52 Fire Station 52 is a single- story, 3350- square foot building that currently houses one engine company. The gravity system consists of plywood floor sheathing supported by wood beams and precast concrete bearing walls supported by strip concrete foundations. The LFRS for Station 52 consists of wood diaphragms with precast concrete shear walls. Fire Station 52 Built in 1971 One Story Floor Area: 3,350 SF City of Tukwila Seismic Screening Evaluations 2-6 Se. tember 2007 Rei iddteton 2.4. Evaluation Results, Fire Station 52 Deficiencies identified in Fire Station 52 pertain to the building's LFRS connections. Of primary concern is the roof diaphragm to wall connections. These connections are needed to provide out -of -plane lateral stability for the precast concrete shear walls. Rupture of these connections could lead to separation of the roof from the walls and partial or total collapse of the roof structures during an earthquake. This connection deficiency also limits the roofs diaphragm ability to transfer lateral loads into the concrete shear walls. Additional deficiencies were noted at the panel -to -panel connections and the foundation to wall panel connections. These deficiencies could Iead to the panels acting independently, rather than acting in a more desirable composite fashion. This independent action can lead to excessive stress in the individual panels causing wall failures. Another deficiency is the slenderness of the wall piers between the apparatus bay doors. Because these piers have large aspect ratios, special reinforcing detailing is required to resist seismic forces. This detailing was not incorporated into the original design due to the age of construction; additional more in depth evaluation is required to determine the seismic adequacy of these elements. Additional deficiencies are identified in the complete ASCE 31 -03 Tier 1 Checklist in Appendix B. This building does not currently meet the Immediate Occupancy Performance Objective. 2.4.3 Recommendations, Fire Station 52 Because the deficiencies in Fire Station 52 are fairly well defined, we recommend that a design be developed to upgrade the building. 2.5 Fire Station 53 2.5.1 Building Description, Fire Station 53 Fire Station 53 is a single- story, 14,000- square foot building that currently houses one engine company. The gravity system consists of plywood floor sheathing supported by wood beams, wood posts, steel posts, and wood bearing walls on concrete grade beams supported by auger cast piling. The LFRS for Station 53 consists of wood diaphragms with wood shear walls and steel moment frames in the apparatus bay. The station's hose tower is constructed of concrete masonry units (CMU). City of Tukwila Seismic Screening Evaluations 2 -7 Se tember 2007 Reid idilletnir: Fire Station 53 Built in 1995 One Story Floor Area: 14,000 SF 2.5.2 Evaluation Results, Fire Station 53 Fire Station 53 can be expected to have acceptable performance during an earthquake and may meet the Immediate Occupancy Performance Objective. Several deficiencies were identified during the Tier 1 screening process, however, as a result of details missing from the original design drawings. See the ASCE 31 -03 Tier 1 Checklist in Appendix B for additional information. 2.5.3 Recommendations, Fire Station 53 Because the building is close to meeting the chosen performance objective, we recommend conducting an ASCE 31 -03 Tier 2 evaluation of the building. Field investigation may be required as part of the Tier 2 evaluation in order to obtain additional information about the location for which the details were missing from the original drawings. 2.6 Fire Station 54 2.6.1 Building Description, Fire Station 54 Fire Station 54 is a single- story, 5,300- square foot building that currently houses one ladder company. The gravity system consists of plywood floor sheathing supported by wood beams, wood posts, wood bearing walls and masonry bearing walls supported by strip concrete foundations. The LFRS for Station 54 consists of wood diaphragms with masonry shear walls. The station's hose tower is constructed of concrete masonry units (CMU). City of Tukwila Seismic Screening Evaluations 2 -8 Se tember 2007 Reid iddletbn. Fire Station 54 Built in 1961 One Story Floor Area: 5,300 SF 2.6.2 Evaluation Results, Fire Station 54 Deficiencies identified at Fire Station 54 pertain to the masonry walls and the walls' connections to the roof diaphragm. Because limited information is available in the record drawings pertaining to either of these items, they are assumed to be non compliant based on the age of the building. Significantly less reinforcing was typically used in CMU walls of Station 54's era than would be required today. Inadequate wall reinforcing can result in non ductile behavior and wall failure. The walls also are over stressed based on the quick check procedure meaning that they may experience shear failures during an earthquake. Inadequate diaphragm to wall connections were also typical of Station 54's era, and may result in out -of -plane wall failures. Inadequate connections also limit the ability of the diaphragm to transfer forces into the shear walls. Additional deficiencies are identified in the complete ASCE 31 -03 Tier 1 Checklist in Appendix B. This building does not currently meet the Immediate Occupancy Performance Objective. 2.6.3 Recommendations, Fire Station 54 Because of the lack of information available on Fire Station 54 and the deficiencies identified in the Tier 1 check list, we recommend that a more detailed ASCE 31 -03 Tier 3 evaluation be conducted. 2.7 Minkler Shops Work Room And Storage Bins 2.7.1 Building Description, Minkler Shops Work Room and Storage Bins The Minkler Shops Work Room and Storage Bin Building is a 4,700- square foot, single -story building. The gravity system consists of precast concrete roof planks and diagonal wood roof decking supported by precast concrete bearing walls supported by strip concrete foundations. City of Tukwila Seismic Screening Evaluations 2 -9 Se tember 2007 Reid iddfeton The LFRS for the building consists of wood and concrete diaphragms with precast concrete shear T walls. Minkler Shops Work Room and Storage Bins Built in 1972 One Story Floor Area: 4,700 SF 2/.2 Evaluation Results, Minkler Shops Work Room and Storage Bins Deficiencies identified in the Minkler Shops Work Room and Storage Bins pertain to the building's LFRS connections. Of primary concern is the roof diaphragm to wall connections. These connections are needed to provide out -of -plane lateral stability for the precast concrete shear walls. Rupture of these connections could lead to separation of the roof from the walls and partial or total collapse of the structures during a seismic event. This connection deficiency also limits the roof diaphragm's ability to transfer lateral loads into the concrete shear walls. Additional deficiencies were noted at the panel -to -panel connections and at the foundation to wall panel connections. These deficiencies could lead to the panels acting independently, rather than acting in a more desirable composite fashion. This independent action can lead to excessive stress in the individual panels, causing wall failures. Additional deficiencies are identified in the complete ASCE 31 -03 Tier 1 Checklist in Appendix B. This building does not currently meet the Immediate Occupancy Performance Objective. 2.7.3 Recommendations, Minkler Shops Work Room and Storage Bins Because the deficiencies in the Minkler Shops Work Room and Storage Bins are fairly well defined, we recommend that a design be developed to upgrade the building. 2.8 Minkler Shops Covered Parking 2.8.1 Building Description, Minkler Shops Covered Parking The Minkler Shops Covered Parking is an 8,850- square foot roof structure that is used to store public works equipment. The gravity system consists of precast concrete roof planks supported by concrete beams, steel posts, and precast concrete bearing walls supported by strip concrete foundations. The LFRS for the building consists of wood and concrete diaphragms with precast concrete shear walls. City of Tukwila Seismic Screening Evaluations 2 -10 Se tember 2007 Reid iddletmi Minkler Shops Covered Parking Built in 1972 One Story Floor Area: 8,850 SF 2.8.2 Evaluation Results, Minkler Shops Covered Parking 2.8.3 Recommendations, Minkler Shops Covered Parking City of Tukwila Seismic Screening Evaluations 2 -11 Se Deficiencies identified in the Minkler Shops Covered Parking pertain to the building's LFRS connections. Of primary concern are the roof diaphragm to wall connections. These connections are needed to provide out -of -plane lateral stability for the precast concrete shear walls. The available record drawings do not show a direct connection between the concrete roof planks and the concrete wall panels; connections between these elements were also not observed during our building walk- through. The lack of roof diaphragm to wall connections could lead to separation of the roof from the walls and partial or total collapse of the structures during an earthquake. This connection deficiency also limits the roof diaphragm's ability to transfer lateral loads into the concrete shear walls. Additional deficiencies were noted at the panel -to -panel connection and at the foundation to wall panel connections. These deficiencies could lead to the wall panels acting independently, rather than acting in a more desirable composite fashion. This independent action can lead to excessive stress in the individual panels causing wall failures. Deterioration of the wall panel to wall panel connections, including rusting of steel connections and concrete cracking near the panel inserts, was observed during our building walk- through. Additional deficiencies are identified in the complete ASCE 31 -03 Tier 1 Checklist in Appendix B. This structure does not currently meet the Immediate Occupancy Performance Objective. Because the deficiencies in the Minkler Shops Covered Parking are fairly well defined, we recommend that a design be developed to retrofit the structure. tember 2007 Reid iddletan. 2.9 Minkler Shops Office And Garage 2.9.1 Building Description, Minkler Shops Office and Garage The Minkler Shops Office and Garage is a 7,200- square foot single -story building that houses offices and equipment. The gravity system consists of diagonal wood roof decking supported by wood beams and precast concrete bearing walls supported by strip concrete foundations. The LNKS for the building consists of wood diaphragms with precast concrete shear walls. Minkler Shops Office and Garage Built in 1972 One Story Floor Area: 7,200 SF 2.9.2 Evaluation Results, Minkler Shops Office and Garage Deficiencies identified in the Minkler Shops Office and Garage pertain to the building's LFRS connections. Of primary concern is the roof diaphragm to wall connections. These connections are needed to provide out -of -plane lateral stability for the precast concrete shear walls. Rupture of these connections could lead to separation of the roof from the walls and partial or total collapse of the structures during a seismic event. Additional deficiencies were noted at the panel- to -panel connections and at the foundation to wall panel connections. These deficiencies could lead to the panels acting independently, rather than acting in a more desirable composite fashion. This independent action can lead to excessive stress in the individual panels causing wall failures. Deterioration of the wall panel to wall panel connections, including rusting of steel connections and concrete cracking near the panel inserts, was observed during our building walk through. Additional deficiencies are identified in the complete ASCE 31 -03 Tier 1 Checklist in Appendix B. This building does not currently meet the Immediate Occupancy Performance Objective. 2.9.3 Recommendations, Minkler Shops Office and Garage Because the deficiencies in the Minkler Shops Office and Garage are fairly well defined, we recommend that a design be developed to retrofit the building. City of Tukwila Seismic Screening Evaluations 2 -12 Se tember 2007 Reid fddletoR. 2.10 George Long Shops 2.10.1 Building Description, George Long Shops The George Long Shop is a 32,200 square foot, two story, pre manufactured metal building that houses offices and vehicle maintenance operations. The gravity system consists of steel decking supported by steel beams and steel columns supported on spread foundations. The LFRS for the building consists of steel deck diaphragms with steel moment frames. George Long Shops Year Built: Unknown Two Stories FIoor Area: 32,200 SF 2.10.2 Evaluation Results, George Long Shops Limited record drawings are available for the George Long Shop. No original construction drawings are available; partial information was provided by drawings created for subsequent remodeling and alterations. Based on the information that is available and observations from our building walk- though, the building is a pre- manufactured metal building. Typically, these buildings resist lateral loads with steel moment frames in one direction with steel tension bracing in the other. During the building walk- through no steel bracing was observed. The apparent lack of steel bracing is the primary concern for this building. It is possible that the exterior walls may act as metal panel shear walls in that direction, reducing the need for bracing. However, the amount of wall is very limited on the side of the building with the large vehicle access doors and bracing may still be required. Additional deficiencies are identified in the complete ASCE 31 -03 Tier 1 Checklist in Appendix B. This building does not currently meet the Immediate Occupancy Performance Objective. 2.10.3 Recommendations, George Long Shops Because the George Long Shop Building is a pre- manufactured metal building, we do not believe that it is economically feasible to retrofit the building to meet an Immediate Occupancy Performance Objective. As a result, additional evaluation based on a reduced performance objective may be warranted. City of Tukwila Seismic Screening Evaluations 2 -13 Se .tember 2007 -Reid i`d letogf 2.11 Tukwila Community Center 2.11.1 Building Description, Tukwila Community Center The Tukwila Community Center is a one- story; 55,000- square foot building. The areas outside of the gymnasium and entry hall have a vertical structural system consisting of plywood roof sheathing supported by wood beams, wood posts, steel posts and wood bearing walls supported by spread and strip foundations. The LERS consists of wood diaphragms with wood shear walls. The gymnasium portion of the building is constructed of steel roof decking supported by steel trusses and masonry bearing walls. The LFRS for this area consists of steel deck diaphragms with masonry shear walls. Tukwila Community Center Built in 1995 One Story Floor Area: 55,000 SF 2.11.2 Evaluation Results, Tukwila Community Center Deficiencies identified for the areas outside of the gymnasium and entry hall pertain to the building's wood shear walls. Some of the walls are potentially overstressed and lack adequate hold -down anchorage. Hold -down anchorages are intended to prevent the walls from overturning under seismic loads. These deficiencies may result in poor performance during a seismic event. Deficiency identified in the gymnasium portion of the building is that the masonry shear walls are over stressed for seismic shear loads. This may result in degradation and potential failure of the wall during a seismic event. Additionally, the roof diaphragm to masonry wall connections were found to be inadequate. These connections are needed to provide out -of -plain lateral stability for the masonry shear walls. rupture of these connections could lead to separation of the roof from the walls and partial or total collapse of the structures during a seismic event. Additional deficiencies are identified in the complete ASCE 31 -03 Tier 1 Checklist in Appendix B. This building does not currently meet the Immediate Occupancy Performance Objective. City of Tukwila Seismic Screening Evaluations 2 -14 Se tember 2007 Reid iddletan 2.11.3 Recommendations, Tukwila Community Center Because of the excessive stresses identified in the wood and masonry shear wall elements system and the other deficiencies noted in the Tier 1 checklist, we recommend that a more detailed ASCE 31 -03 Tier 3 evaluation of the Tukwila Community Center be conducted. City of Tukwila Seismic Screening Evaluations 2 -15 Se tember 2007 Reid iddleton 3.0 Conclusions ASCE 31 -03 Tier 1 structural evaluations were performed for 11 buildings owned by the City of Tukwila. A walk through of the structures was performed in conjunction with these evaluations. Based on deficiencies noted in our Tier 1 evaluations and based on the complexity of the building structures, we recommend that additional, detailed investigations and analyses be performed for the followings structures: Tukwila City Hall 6300 Building Fire Stations 51, 53, and 54 George Long Shop Tukwila Community Center Additional analyses and investigations of these structures may lead to recommendations for upgrades. Based on deficiencies noted and the straight forward nature of the potential upgrades, we recommend upgrades be performed for the following structures: Fire Stations 52 Minkler Shops (3 Total Buildings) Most of the recommended improvements to these structures consist of added or improved connections between walls and the roofs and floors of these structures. City of Tukwila Seismic Screenings Evaluations 3 -1 Se tember 2007 Reid iddleton SUPPLEMENTAL AGREEMENT NUMBER 3 TO CONSULTANT AGREEMENT NUMBER 07 -087 THIS SUPPLEMENTAL AGREEMENT is entered into between the City of Tukwila, Washington, herein -after referred to as "the City and Reid Middleton, hereinafter referred to as "the Consultant in consideration of the mutual benefits, terms, and conditions hereinafter specified. The City desires to supplement the agreement entered into with the Consultant and executed on, May 16, 2007 and identified as Agreement No. 07 -087. All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: 1. Scope of Services: See attached Exhibit A. 2. Payment: shall be amended as follows: This addition to the scope increases the fee by $208,414.00. See attachment B. Payment for the work provided by the Consultant as part of this supplement shall be made and the total amount of payment to the Consultant for this work shall not exceed $232,746.00 without express written modification of the Agreement signed by the City. The maximum amount payable under this agreement as supplemented inclusive of all fees and other costs is now $232,746.00. 3. Schedule: Completion by March 21, 2008. DATED this day of 2007. CITY OF TUKWILA Reid Middleton Steven M. Mullet, Mayor David B. Swanson, Principal P: \PUBWORKS \PROJECTS\A BG Projects \03BG04 Seismic Screening City Facilities \07 -087 Supplemental Agreement 3.doc EXHIBIT A Scope of Services A. Project Understanding This work is a continuation of the Phase I preliminary seismic screening and evaluations of City of Tukwila (the City) facilities. Based on the fmdings and recommendations contained in the final report from the preliminary seismic hazard screenings and evaluations, dated September 21, 2007. The City decided to progress with Phase II detailed seismic evaluations of the following buildings; City Hall, 6300 Building, Fire Stations 51, 53 and 54 and Tukwila Community Center. In addition to the seismic safety for these buildings, this work will also provide the City with preliminary structural concept retrofit designs, an assessment on how functionally useful the buildings are, preliminary geotechnical infoiivation, and preliminary costs for retrofitting the buildings and replacing the buildings. The purpose of this of this study is to provide the City with enough information to determine if the buildings should be renovated or replaced. B. Scope of Services Reid Middleton will provide the following services: 1. Conduct site visits to each of the buildings listed in Item 2 and Item 3 in order to gather additional infoiniation required for the seismic evaluations. The City will coordinate access to each of the sites with the building occupants. 2. Perfoini an ASCE 31 -03 Tier 2 deficiency -based structural evaluation of the building listed below based on the findings from the ASCE 31 -03 Tier 1 evaluation. As part of the Tier 2 evaluation, efforts will be made to obtain a complete set of the buildings record drawings. Fire Station 53 4202 South 115th Street Tukwila, WA 98168 3. Complete ASCE 31 -03 Tier 3 building seismic evaluations of the facilities listed below. Reid Middleton will perfoini ASCE 31 -03 Tier 3 evaluations using ASCE 41 -06 component -based procedures. The buildings listed below will be evaluated for Immediate Occupancy structural perfoiniance under the 10 %/50 -year seismic event. Forces will be reduced by 25 percent for evaluation purposes. Nonstructural performance will not be evaluated at this time. The results of the evaluation will be used to determine the extent of seismic deficiencies in both the primary and secondary structural elements and components throughout the buildings. The detailed evaluation will provide the basis for the recommended seismic rehabilitation strategy. Tukwila City Hall 6200 Southcenter Boulevard Tukwila, WA 98188 6300 Building 6300 Southcenter Boulevard Tukwila, WA 98188 Fire Station 51 444 Andover Park East Tukwila, WA 98188 Fire Station 54 4237 South 144th Street Tukwila, WA 98188 Tukwila Community Center 12424 42nd Avenue South Tukwila, WA 98168 4. Perform limited preliminary concept -level design to assess the feasibility of basic seismic rehabilitation strategies and design concepts for the buildings listed in Item 3. Rehabilitation alternatives will be evaluated for Immediate Occupancy structural performance under the 10 %/50 -year seismic event using ASCE 41 -06 criteria. S. Provide preliminary opinion of probable costs for the concept -level retrofit designs provided in Item 4. The preliminary opinion of probable costs will be given in a cost per square foot foirnat and with a range of values. This infoiniation will be used to help determine the feasibility of retrofitting the buildings versus constructing new buildings. 6. Architectural Services a. Capital Facilities Assessment Document the age, condition, and functionality of the buildings in Item 3. Services would include: (1) Tour these existing facilities. Perfoini a visual inspection and document significant property features, conditions, constraints, and/or encumbrances. (2) Review documented property information and previous construction plans provided by the City of Tukwila. (3) Together with City staff and division heads, identify the functional and operational inefficiencies at each building. This could include inadequacies of the particular room or space, obsolescence, lack of specialized equipment, inefficient circulation, and/or the like. b Building and Site Diagrams Provide preliminary building and site diagrams to confiiin if the existing buildings can adequately support any projected building additions and/or replacement plans. Also known as "test -to -fit" diagrams, this exercise would inform the City of potential inadequacies in meeting the identified operational requirements. This could assist the City of Tukwila in their decision to renovate or replace any one or more of these particular buildings. c. Capital Facility Financial Models Assist in estimating the project soft costs (i.e. sales tax, A &E fees, permits, special consultants, land acquisition, furnishings, equipment reasonable contingencies, and the like). Overall project timelines would be incorporated into the cost modeling to capture the cost of inflation over time. d. Stakeholder Presentations Assist with presenting the final capital facility recommendations to individual stakeholder groups. These services could include preparation of graphic materials (large foiinat renderings, PowerPoint presentation, handouts, narratives, and the like). 7. Provide preliminary geotechnical recommendations for the sites listed in Items 2 and 3 and the sites listed below. These recommendations will be based on the geotechnical engineer's knowledge of the local geologic hazards and features. No site borings will be conducted. This infolivation will be used to help determine the feasibility of retrofitting the buildings versus constructing new buildings. George Long Shops 14000 Interurban Avenue South Tukwila, WA 98168 Minkler Shops 600 Minkler Boulevard Tukwila, WA 98188 Fire Station 52 5900 South 147th Street Tukwila, WA 98188 8. Prepare a report summarizing the findings of the ASCE 31 -03 evaluations for the buildings listed above in Items 2 and 3. The report will also include a narrative and sketches of the preliminary concept designs from Item 4 above and the opinion of probable cost from Item 5. A draft report will be submitted to the City for review and comment, followed by a final report. Four copies of the report will be furnished at each submittal. In addition, one electronic copy of the final report will be provided. In conjunction with the submittal of the draft and final reports, Reid Middleton will attend a meeting to present our findings and recommendations to the City. ATTACHMENT B ESTIMATE OF PROFESSIONAL SERVICES SEISMIC EVALUATIONS PHASE II 26.07.023 REID MIDDLETON ATTACHMENT B ESTIMATE OF PROFESSIONAL SERVICES SEISMIC EVALUATIONS PHASE II 26.07.023 REID MIDDLETON ATTACHMENT B ESTIMATE OF PROFESSIONAL SERVICES SEISMIC EVALUATIONS PHASE II 26.07.023 REID MIDDLETON Finance Safety Committee Minutes Revenues 1 Police 1 Fire Attachment A Attachment B Attachment C November 5. 2007 Paae 2 BUDGET CtP PAGES PAGES 1 -25 83-98 99 -116 1: 1 VI( -IX 1 X 1 XI -XIV 1 C. Seismic Hazard Screening Report Staff reviewed preliminary seismic screening results for a total of 11 City facilities as conducted by Reid Middleton. This initial screening process only accessed the rough structural details of each facility and does not include detailed structural analysis, seismic retrofit designs or relative cost estimates. This initial screening allowed each building to be assessed a structural score to predict the probability of that building collapsing for a Maximum Considered Earthquake. The score is applied as an exponent to the number 10 (i.e.: a building with a score of 2 would have a 1 in 100 chance of collapse, a score of 3 would have a 1 in 1,000 chance of collapse, etc.). This initial screening process does not account for a building's use or importance. These evaluation results have triggered a staff recommendation to move forward with conducting the next step of in -depth seismic evaluation for all buildings that have a structural score of 2.5 or less. Additionally, due to the critical use associated with City Hall and Fire Station 53, staff recommends the in -depth assessment of these buildings regardless their structural scores (both are rated higher than 2.5). DISCUSSION/INFORNIATIONAL ONLY. D. Seismic Hazard Analysis Consultant Agreement Supplemental Agreement No. 3 Based on the information presented in the prior agenda item, staff is requesting full Council approval to enter into Supplemental Agreement No. 3 with Reid Middleton for Seismic Hazard Analysis Services in the amount of $208,414. This next step in the analysis will look at soil assessment, structural features and detailed identification of appropriate changes to bring assessed buildings up to seismic code requirements. The analysis will also identify the cost effectiveness of making building upgrades versus building replacement, as well as prioritizing buildings as far as needing repair /replacement. Staff commented that this project is funded through the 303 Fund. UNANEVIOUS APPROVAL. FORWARD TO NOVEMBER 19 REGULAR. E. Contract Renewal for 2008 Kenyon Law Firm Staff explained that this contract is practically the same as years past with the exception of increases in hourly rates and staffmg changes for attorneys. A majority of associate attorneys left the film due to a mass hiring of attorneys by the City of Seattle. Dennis requested the inclusion of a chart in the full Council agenda packet that outlines the funds the City expects to spend for legal services this year and in 2008. Staff commented that although day to day services have a tendency to be consistent, this number can be difficult to predict due to the variance of special matters. COUNCIL AGENDA SYNOPSIS p Initialr - ITEM No. Meetin Date 11/19/07 Council review 4IYr'JJ () (, b= CAS NUl'vffiER: 07-134 I ORIGINAL AGENDA DATE: NOVEMBER 19,2007 AGENDA lTEi\f DTIE Bid Award for the South 129th Street Drainage Modifications Project CATEGORY IZl Discussion o Motion o Resolution o Ordinance IZl Bid Award o Public Hearing o Other M{g Date 11/19/07 lvI{g Date Mtg Date lvItg Date M{g Date 11/19/07 Mtg Date AI{g Date SPONSOR o Council o Mqyor o Adm 5 vcs ODCD o Finance o Fire o Legal 0 P&R o Police IZlpW SPONSOR'S In 1999, a drainage swale was incorrectly installed on private property in the Codiga SUMMARY Farm area. This project will remove the swale and pipe the roadway drainage across South 129th St. The Small Works Roster was consulted and letters were sent to six firms. Three bids were received and opened with the low bid of $37,697.91 from Brike Excavating and Underground Utilities, LLC. Brike Excavating has completed several projects for the City and has performed well. REVIEWED BY o COW Mtg. o CA&P Cmte o F&S Cmte o Transportation Cmte IZl Utilities Cmte o Arts Comm. o Parks Comm. o Planning Comm. DATE: 11/06/07 RECOMMENDATIONS: SPONSOR/ADMIN. Award contract to Brike Excavating and Underground Utilities, LLC. COMMITTEE Majority approval; forward to Regular Council (due to 11/13 cancellation) COST IMPACT I FUND SOURCE ExPE1'.1DlTURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $37,697.91 $60,000.00 $ Fund Source: 412 Surface Water (pages 139 & 141,2007 CIP) Comments: MTG.DATE RECORD OF COUNCIL ACTION 11/19/07 MTG.DATE ATTACHMENTS i 11/19/07 Information Memo dated October 30, 2007 Map of Site Location Utilities Committee Meeting Minutes from November 6, 2007 ITEM INFORMATION INFORMATION MEMO To: Mayor Mullet Public Works Directo~ October 30,2007 S. 129th Street Drain~e Modifications Project No. 07-DR04 BID AWARD From: Date: Subject: ISSUE Award the S. 129th Street Drainage Modification Contract to Brike Excavating and Underground Utilities LLC, of Renton, Washington. BACKGROUND A property owner recently notified the City that a drainage swale had been placed on his property without his approval and he would like it removed. City staff investigated his claim and determined that the swale was installed on private property as part of the City's 1999 Small Drainage Project. The swale was to be placed on the adjacent City owned parcel to the south but was designed and constructed using the wrong parcel. ACTION TAKEN KPG was contacted to design a new drainage system to allow for the removal of the swale from private property. The design calls for piping the drainage across S. 129th Street and construction of an infiltration system within the Codiga Farms site and adjacent to the roadway. No piped drainage outfalls to the river exist in the area so infiltration is the only available option to dispose of the roadway runoff. The Small Works Roster was consulted and letters were sent to six firms that were qualified for this type of work requesting bids. Three bids were received with Brike Excavating as the low bidder. The bid results are as follows: Brike Excavating $37,697.91, Pivetta Brothers $49,253.00 and Dennis R. Craig $49,769.00. Brike Excavating has completed several projects for the City and has performed quality work. BUDGET AND BID SUMMARY (All amounts include sales tax.) Engineer's Estimate $ 33,000.00 3,300.00 $ 36,300.00 Remainin~ Bud~et* $ 60,000.00 Bid Amount Contingency (10%) Total Bid Results $ 37,697.91 3,769.79 $ 41,467.70 $ 60,000.00 * $620,000 budgeted for Small Drainage and Private Storm System Adoption projects in 2007 with fmal2007 project costs estimated at $560,000. RECOMMENDATION Award the construction contract for the S. 129th St. Drainage Modifications to Brike Excavating LLC, in the amount of $37,697.91. (P:Proje<tslA- DR l'rojeaslO7DRll4Unfo M:mo md Award S. 129" S<=t Drainage Modificatioos) S. 129th Drainage Modifications Photo Date: April 2005 City of Tukwila Utilities Committee November 6, 2007- 5:00 p.m. PRESENT Councilmembers: Absent: Staff: Joe Duffie, Acting Chair; Dennis Robertson (filling in for quorum) Joan Hernandez and Jim Haggerton Jim Morrow, Frank marte, Pat Brodin, Bob Giberson, Ryan Larsen, Gail Labanara, Kevin Fuhrer and Kimberly Matej CALL TO ORDER: Acting Chair Duffie called the meeting to order at 5: 17 p.m. I. PRESENTATIONS - No presentations. n. BUSTh'ESS AGENDA A. South l29th Street Drainage Modifications - Bid Award Staff is seeking full Council approval to award a construction contract to Blike Excavating, LLC in the amount of $37,697.91 for drainage modifications on South 129th Street (Codiga property). These ~modifications are a result of the incorrect placement of a drainage swale in 1999. The error in original /(" placement of this drain was caused by misinterpretations by the City and as well as the project engineers, KPG. KPG is working with staff on relocation design at no cost to the City. This project is being funded through the surface water budget. UNM'IMOUS APPROVAL. FORWARD TO NOVEMBER 19 REGULAR MEETING. B. NPDES Phase II Storrnwater Management Plan Staff is seeking full Council approval for the Mayor to sign a grant agreement with the Department of Ecology in the amount of $75,000. These funds will be utilized to create a stonnwater management plan for the National Pollutant Discharge Elimination System (1\1FDES) as required by the City's ]',.1FDES Phase II permit. Council approved a consultant agreement with Parametrix, Inc. at the November 5 Regular Council meeting relating to this project. Essentially, the project will be paid for the Department of Ecology. No matching funds are required for this grant. UNAJ.'\ThIOUS APPROVAL. FORWARD TO NOVElVIBER 19 REGULAR MEETING. C. 2007 Third Quarter Report to Council The Committee reviewed the status of program goals as outlined in the Second Quarter Report. INFORtYIATION ONLY. D. 2008 Proposed Budget and CIP Review The Committee reviewed the CIP pages as outlined below. FORWARD TO NOVEIVIBER 19 REGULAR :MEETING FOR BUDGET DISCUSSION. VII-IX X XI-XIV Attachment A Attachment B Attachment C m.lVnSCELLAJ.~OUS - Meeting adjourned at 5:25 p.m. Next meeting: Tuesday, November 20,2007 - 5:00 p.rn. - Conference Room No. 1. Committee Chair Approval Minutes by KAM. (Approved by Councilmember Duffie; to be initialed upon return from NLC Conference) COUNCIL AGENDA SYNOPSIS Meetin Date 11/19/07 ITEM No. (.~,. CAS NUMBER 07-135 I ORIGINAL AGENDA DATE: NOVEMBER 19/2007 AGENDA ITEM DTLE NPDES Phase II Stormwater Management Plan Acceptance of WA State Department of Ecology Grant CATEGORY ~ Discussion ~ Motion o Resolution o Ordinance o Bid Award o Public Hearing o Other Mtg Date 11/19/07 Mtg Date 11/19/07 iHtg Date Mtg Date Mtg Date Altg Date ivItg Date: SPONSOR o Council o Mqyor o Adm Svcs ODCD o Finance o Fire o Legal 0 P&R o Police ~PW SPONSOR'S We received a Washington State Department of Ecology (DOE) grant for the NPDES Phase SUMi\L\RY II Stormwater Management Plan in the amount of $75/000.00. Council approval is required before accepting any grant. The total amount received will cover the stormwater management plan contract with Parametrix that was approved by Council on 11/5/07. REVIE\VED BY o cow Mtg. o CA&P Cmte o F&S Cmte o Transportation Cmte ~ Utilities Cmte o Arts Comm. o Parks Comm. o Planning Comm. DATE: 11/06/07 RECOMMENDATIONS: SPONSOR/ADMIN. Authorize Mavor to sign the grant contract. COMi\ITITEE Majority approvali forward to Regular Council (due to 11/13 cancellation). COST IMPACT I FUND SOURCE ExPEJ."'illlTURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $ Fund Source: 412 Surface Water (page 136, Proposed 2008 CIP) Comments: MTG.DATE RECORD OF COUNCIL ACTION 11/19/07 MTG.DATE ATTACHMENTS 11/19/07 Information Memo dated November 1/ 2007 DOE Grant Utilities Committee Meeting Minutes from November 6/ 2007 ITEM INFORMATION INFORMATION MEMO To: From: Date: Subject: Mayor Mullet Public Works Director~ November 1, 2007 NPDES Phase II Stormwater Management Plan Project No. 93-DRIO Grant Acceptance ISSUE Authorize Mayor to sign grant agreement with the Washington State Department of Ecology . BACKGROUND The National Pollutant Elimination System (NPDES) requires that the City implement a comprehensive Stormwater Management Program that complies with the requirements outlined in the City's NPDES Phase II permit that became effective February 16, 2007. To assist cities with permit requirements, the Washington State Legislature approved grants of $75,000 to each of the effected jurisdictions. ACTION TAKEN Staff notified the Department of Ecology of our intention to accept the $75,000 grant to develop an NPDES Stormwater Management Plan and worked with Ecology to prepare the Grant Agreement. RECOMMENDATION Authorize Mayor to sign grant agreement with the Department of Ecology for $75,000. RL:sb attachments: Ecology Grant Agreement No. G0800198 (p:Projects\A- DR Projects\93DRIO\lnfo Memo &ology Grant) LOCAL GOVER.J.~IENT STORiWW ATER GRA1~TS PROGRAlVI GRA1~T AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND THE CITY OF TUKWILA THIS is a binding agreement entered into, by, and between the state of Washington Department of Ecology (DEPARTMENT), and the City of Tukwila (RECIPIENT). The purpose of this agreement is to provide funds to the RECIPIENT to carry out the requirements described herein. PART I. GENERAL INFOR.J.V1ATION Project Title: Tukwila Local Government Stormwater Grant Grant Number: G0800198 RECIPIENT Name and Address: City of Tukwila 6300 Southcenter Blvd, Suite 100 Tukwila, W A 98188 RECIPIENT Contact: Telephone Number: Fax Number: E-Mail Address: Ryan Larson (206) 431-2456 (206) 431-3665 rlarson@ci.tukwila.wa.us RECIPIENT Billing Contact: Telephone Number: Fax Number: E-Mail Address: Ryan Larson (206) 431-2456 (206) 431-3665 rlarson@ci.tukwila.wa.us RECIPIENT Federal ill Number: 91-6001519 DEPARTMENT Project/Financial Manager: Melanie Tyler Mailing Address: Water Quality Program Washington State Department of Ecology P.O. Box 47600 Olympia, W A 98504-7600 (360) 407- 7 489 (360) 407-7151 mety461@ecy.wa.gov Telephone Number: Fax Number: E-Mail Address: Tukwila Local Government Stormwater Grant City of Tukwila Grant No. G0800198 DEP ART1tIENTFunding Source: 2007-09 Biennial Operating Budget/Local Toxics Control Account Total Cost: Total Eligible Cost: $75,000 $75,000 DEPARTMENT Share: $75,000 DEPARTMENT Maximum Percentage: 100 percent The effective date of this grant agreement is July 1, 2007. Any work performed prior to the effective date of this agreement will be at the sole expense and risk of the RECIPIENT. This agreement shall expire on June 30, 2009. PART II. PERFORMANCE MEASURES A. Water Quality Goal. Improved stormwater management and water quality protection associated with development and implementation of a stormwater management program. B. Proiect Outcomes. Local Government Stormwater Grants for local governments to receive grants for municipal stormwater programs, including but not limited to: 1. Implementation of Phase II municipal stormwater National Pollutant Discharge Elimination System (NPDES) permits. 2. Stormwater source control for toxics in association with clean-up of contaminated sediment sites. 3. Stormwater source control programs for shellfish protection districts where stormwater is a significant contributor. C. Post Proiect Assessment. The RECIPIENT agrees to submit a brief survey three years after project completion regarding the key project outcomes and the status of environmental results or goals from the project. The DEPARTMENT's Performance Measures Lead will e-mail the RECIPIENT the Post Project Assessment Survey. The DEPARTMENT may conduct on-site interViews and inspections, and may otherwise evaluate the Project. The DEPARTMENT will enter the information provided into its performance measures database to be provided to the \Vashington State Legislature, United States Environmental Protection Agency, and other natural resource agencies. Page 2 of8 Tukwila Local Government Stormwater Grant City of Tukwila Grant No. G0800198 Approximate Post Project Assessment Date: June 30, 2012 PART m. PROJECT DESCRIPTION The RECIPIENT's stormwater project will address planning, implementation, or management of municipal stormwater programs. PART IV. PROJECT BUDGET Tukwila Local Government Stormwater Grant TOTAL ELIGillLE ELEMENTS COST (TEC)* Task 1 - Project Administration/Management $ 7,500 -- Task 2 - Implementation of Stormwater Planning and Management $67,500 Needs Total $75,000 *The DEPARTMENT's Fiscal Office will track to the Total Eligible Project Cost. - MATCHING REQUIREMENTS (There are no matching requirements) DEPARTMENT Share FY 08 (100% ofTEC) $75,000 Payment Request Submittals. Payment requests will not be submitted more often than monthly, unless allowed by the DEPARTMENT's ProjectlFinancial Manager. The DEPARTMENT's ProjectlFinancial Manager may require the RECIPIENT to submit regular payment requests to ensure efficient and timely use of funds. Payment Schedule. Payments "vill be made on a cost-reimbursable basis. PART V. SCOPE OF WORK The RECIPIENT shall ensure that this project is completed according to the details of this _ agreement. The RECIPIENT may elect to use its own forces or it may contract for professional services necessary to perform and complete project related work. The RECIPIENT certifies by signing this agreement that all applicable requirements have been satisfied in the procurement of any professional services. Eligible and ineligible project costs are separate and identifiable for Page 3 of8 Tukwila Local Government Stormwater Grant City of Tuk\.vila Grant No. G0800198 billing purposes. If professional services are contracted, the RECIPIENT shall submit a copy of the fInal contract to the DEPARTMENT's ProjectlFinancial Manager. Task 1 - Proiect Administration/Mana2ement A. The RECIPIENT shall administer the project. Responsibilities will include, but not be limited to: maintenance of project records; submittal of payment vouchers, fIscal forms, and progress reports; compliance with applicable procurement, contracting, and interlocal agreement requirements; application for, receipt of, and compliance with all required permits, licenses, easements, or property rights necessary for the project; and submittal of required performance items. B. The RECIPIENT shall manage the project. Efforts will include: conducting, coordinating, and scheduling project activities and assuring quality control. Every effort will be made to maintain effective communication with the RECIPIENT's designees; the DEPARTMENT; all affected local, state, or federal jurisdictions; and any interested individuals or groups. The RECIPIENT shall carry out this project in accordance with any completion dates outlined in this agreement. C. The RECIPIENT shall submit all invoice voucher submittals and supportive documentation, to the DEPARTMENT's ProjectlFinancial Manager. Copies of all applicable forms shall be included with all original A19-1A, and shall be submitted the DEPARTMENT. Blank forms are found in Administrative Requirements for Recipients ofEcologv Grants and Loans. Reauired Forms: Form A19-1A (original signature) Form B2 (BeY 060-7) Form C2 (ECY 060-9) Form D (BCY 060-11) Where Eli2ible Costs Have Incurred: Form E (BCY 060-12) Form F (ECY 060-13) Form G (BCY 060-14) FormH(F-21) Form I (BCY 060-15) D. If work conducted results in a report, the RECIPIENT shall submit the following to the DEPARTMENT's ProjectlFinancial Manager and in the quantities identifIed: . Draft project completion reports - one electronic copy . Final project completion reports - fIve copies . Electronic copy offmal project completion report The RECIPIENT shall submit two copies of any document(s) which requires DEPARTMENT approval. Once approval is given, one copy will be returned to the RECIPIENT. If the RECIPIENT needs more than one approved copy, the number of submittals should be adjusted accordingly. Page 4 of8 Tukwila Local Government Stormwater Grant City ofTukwila Grant No. G0800198 Task2 - Implementation of Stormwater Planning and Management Needs A. The RECIPIENT shall address stormwater management needs that protect or restore water quality. The RECIPIENT may conduct work related to any ofthe following eligible stormwater management outcomes: . Implementation of activities required by the municipal stormwater National Pollutant Discharge Elimination System (NPDES) permits. . Stormwater source control for taxies in association with clean-up of contaminated sediment sites. . Stormwater source co"ntrol programs for shellfish protection districts where stormwater is a significant contributor. B. Examples of eligible projects or project components: 1. Conducting inventories of stormwater sources. 2. Establishing and refining stormwater utilities, including stable rate structures, developing stormwater ordinances and regulations, initial staffIng, and other capacity building activities to facilitate ongoing stormwater management needs. 3. Review existing and model stormwater regulations. 4. Mapping or geographic information systems of stormwater system infrastructure. 5. Source control activities, such as drain stenciling, business inspections, and public information and communication. 6. Identification and removal of illicit stormwater discharges into municipal separate storm sewer systems. 7. Completing detailed plans, for example, stormwater management plans, engineering reports or facilities plans (including fmancing options and choices), education and outreach plans, and source control progress reports; 8. Purchase of equipment for conducting stormwater monitoring. 9. Evaluation of stormwater quality. 10. Other activities consistent v.,rith Legislative provisos for this program or local and regional stormwater management programs or permit compliance, which can be completed by the June 30, 2009, deadline. PART VI. SPECIAL TERMS AND CONDITIONS A. Commencement of Work. In the event that the RECIPIENT fails to commence work on the project-funded herein within four months after the effective date of this agreement, or by any date mutually agreed upon in writing for commencement of work, the DEPARTMENT reserves the right to terminate this agreement. B. DEPARTMENT Funding Recognition. The RECIPIENT shall acknowledge and inform the public about DEPARTMENT funding participation in this project as appropriate. Page 5 of8 Tukwila Local Government Stormwater Grant City of Tukwila Grant No. G0800198 Examples include project signs and/or acknowledgement in published materials and reports, the news media, or other public announcements. Projects addressing site-specific locations must utilize appropriately sized and weather-resistant 'Signs. C. Equipment Purchase. The purchase of equipment may be eligible under this project. If the RECIPIENT determines that equipment is needed to achieve the project outcomes, a request must be made to the DEPARTMENT. All equipment purchases must have prior approval by the DEP ART11ENT. D. Indirect Rate. To acknowledge overhead costs, the RECIPIENT may charge an indirect rate up to 25 percent based on RECIPIENT employee's direct salary and benefit costs incurred while conducting project related work, provided that prior to signature of this agreement, the DEPARTMENT's Project/Financial Manager may require a list of items included in the indirect rate during negotiations or thereafter. Items that are generally included in an indirect rate are identified in Administrative Requirements for Recipients of Ecology Grants and Loans. E. Meetings/Light Refreshments. The RECIPIENT may spend up to $50 per meeting for light refreshments associated with this project. The total amount spent for light refreshments under this agreement cannot exceed $300. F. Minority and Women's Business Participation. The RECIPIENl;' agrees to solicit and recruit, to the maximum extent possible, certified minority-owned (MBE) and women- owned (WBE) businesses in purchases and contracts initiated after the effective date of this agreement. In the absence of more stringent goals established by the RECIPIENT's jurisdiction, the RECIPIENT agrees to utilize the DEPARTMENT's goals for minority- and women- owned business participation in all bid packages, request for proposals, and purchase orders. These goals are expressed as a percentage of the total dollars available for the purchase or contract and are as follows: Construction/Public Works ArchitecturelEngineering Purchased Goods Purchased Services Professional Services 10% MBE 10% MBE 8% MBE 10% MBE 10%MBE 6% WBE 6% WBE 4% WBE 4% WBE 4% WBE Meeting these goals is voluntary and no contract award or rejection will be made based on achievement or non-achievement of the goals. Achievement of the goals is encouraged, however, and the RECIPIENT and ALL prospective bidders or persons submitting qualifications shall take the following affirmative steps in any procurement initiated after the effective date of this Agreement: Page 6 of 8 Tukwila Local Government Stormwater Grant City ofTukwila Grant No. G0800198 1. Include qualified minority and women's businesses on solicitation lists. 2. Assure that qualified minority and women's businesses are solicited whenever they are potential sources of services or supplies. 3. Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. 4. . Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. 5. Use the services and assistance of the State Office of Minority and Women's Business Enterprises (OMWBE) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. By signing this Agreement, the RECIPIENT certifies that the above steps were, or will be, followed. Any contractor engaged by the RECIPIENT under this agreement will be required to follow the above five affirmative steps in the award of any subcontract(s). The RECIPIENT shall report to the DEP AR.TMENT at the time of submitting each invoice, on forms provided by the DEPARTMENT, payments made to qualified firms. The report will address: 1. Name and state OMWBE certification number of any qualified firm receiving funds under the voucher, including any sub-and/or sub-subcontractors. 2. The total dollar amount paid to qualified firms under this invoice. G. Progress Reports. The RECIPIENT shall submit quarterly Progress Reports to the DEPARTMENT's ProjectlFinancial Manager. Payment requests will not be processed without a Progress Report. Reportin2 Periods. . January 1 through March 31 . April 1 through June 30 . July 1 through September 30 . October 1 through December 31 Reportin2 Due Date. Quarterly Progress Reports are due 15 days following the end of the quarter. Report Content. At a minimuni, all Progress Reports must contain a comparison of actual accomplishments to the objectives established for the period, the reasons for delay if established objectives were not met, analysis and explanation of any cost overruns, and any additional pertinent information specified in this agreement. Page 7 of8 Tukwila Local Government Stormwater Grant City of Tukwila Grant No. G0800198 PART VII. ALL WRITINGS CONTAINED HEREIN This agreement, the appended GENERAL TERMS AND CONDITIONS, the DEPARTMENT's current edition of Administrative Requirements for Recipients of Ecology Grants and Loans ("Yellow Book"), and the Local Government Stormwater Grants Program FY 2008 contain the entire understanding between the parties, and there are no other understandings or representations other than as set forth or incorporated by reference, herein. No subsequent modification(s) or amendment(s) ofthis agreement shall be of any force or effect unless signed by authorized representatives of the RECIPIENT and DEPARTMENT and made a part of this agreement, EXCEPT that in response to a request from the RECiPIENT, the DEPARTMENT may redistribute the grant budget. The DEPARTMENT or RECIPIENT may change their respective staff contacts without the concurrence of either party. IN WITNESS WHEREOF, the parties hereb~ execute this Grant: STATE OF WASHINGTON DEPARTMENT OF ECOLOGY CITY OF TUKWILA DAVID C. PEELER DATE WATER QUALITY PROGRAM MANAGER STEVE M. MULLET MAYOR DATE APPROVED AS TO FORM ONLY ASSISTANT ATTORNEY GENERAL ATTEST/AUTHENTICATED: JANE E. CANTU CITY CLERK DATE APPROVED AS TO FORM OFFICE OF THE CITY ATTORNEY (Revised 7/9/07) Page 8 of8 GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements of the Department of Ecology A. RECIPIENT PERFORMANCE All activities for which grant/loan funds are to be used shall be accomplished by the RECIPIENT and RECIPIENTs employees. The RECIPIENT shall only use contractor/consultant assistance if that has been included in the agreement's final scope of work and budget. B. SUBGRANTEElCONTRACTOR COMPLIANCE The RECIPIENT must ensure that all subgrantees a'nd contractors comply with the terms and conditions of this agreement. C. THIRD PARTY BENEFICIARY The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this agreement, the state of Washington is named as an express third-party beneficiary of such subcontracts with full rights as such. . D. CONTRACTING FOR SERVICES (BIDDING) Contracts for construction, purchase of equipment and professional architectural and engineering services shall be awarded through a competitive process, if required by State law. RECIPIENT shall retain copies of all bids received and contracts awarded, for inspection and use by the DEPARTMENT. E. ASSIGNMENTS No right or claim of the RECIPIENT arising under this agreement shall be transferred or assigned by the RECIPIENT. F. COMPLIANCE WITH ALL LAWS 1. The RECIPIENT shall comply fully with all applicable Federal, State and local laws, orders, regulations and permits. Prior to commencement of any construction, the RECIPIENT shall secure the necessary approvals and permits required by authorities having jurisdiction over the project, provide assurance to the DEPARTMENT that all approvals and permits have been secured, and make copies available to the DEPARTMENT upon request. 2. Discrimination. The DEPARTMENT and the RECIPIENT agree to be bound by all Federal and State laws, regulations, and policies against discrimination. The RECIPIENT further agrees to affirmatively support the program of the Office of Minority and Women's Business Enterprises to the maximum extent possible. If the agreement is federally-funded, the RECIPIENT shall report to the DEPARTMENT the percent of grant/loan funds available to women or minority owned businesses. 3. Wages And Job Safety. The RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington which affect wages and job safety.. 4. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. If the RECIPIENT fails to comply with such laws, the DEPARTMENT shall have the right to immediately terminate this agreement for cause as provided in Section K.1, herein. G. KICKBACKS The RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this project to give up any part of the compensation to which he/she is otherwise entitled or, receive any fee, commission or gift in return for award of a subcontract hereunder. H. AUDITS AND INSPECTIONS 1. The RECIPIENT shall maintain complete program and financial records relating to this agreement. Such records shall clearly indicate total receipts and expenditures by fund source and task or object. All grant/loan records shall be kept in a manner which provides an audit trail for all expenditures. All records shall be kept in a common file to facilitate audits and inspections. 1 Engineering documentation and field inspection reports of all construction work accomplished under this agreement shall be maintained by the RECIPIENT. 2. All granUloan records shall be open for audit or inspection by the DEPARTMENT or by any duly authorized audit representative of the State of Washington for a period of at least three years after the final grant paymenUloan repayment or any dispute resolution hereunder. If any such audits identify discrepancies in the financial records, the RECIPIENT shall provide clarification and/or make adjustments accordingly. 3. All work performed under this agreement and any equipment purchased, shall be made available to the DEPARTMENT and to any authorized state, federal or local representative for inspection at any time during the course of this agreement and for at least three years following granUloan termination or dispute resolution hereunder. 4. RECIPIENT shall meet the provisions in OMS Circular A-133 (Audits of States, Local Governments & Non Profit Organizations), including the compliance Supplement to OMS Circular A-133, if the RECIPIENT expends $500,000 or more in a year in Federal funds. The $500,000 threshold for each year is a cumulative total of all federal funding from all sources. The RECIPIENT must forward a copy of the audit along with the RECIPIENT'S response and the final corrective action plan to the DEPARTMENT within ninety (90) days of the date of the audit report. I. PERFORMANCE REPORTING The RECIPIENT shall submit progress reports to the DEPARTMENT with each payment request or such other schedule as set forth in the Special Conditions. The RECIPIENT shall also report in writing to the DEPARTMENT any problems, delays or adverse conditions which will materially affect their ability to meet project objectives or time schedules. This disclosure shall be accompanied by a statement of the action taken or proposed and any assistance needed from the DEPARTMENT to resolve the situation. Payments may be withheld if required progress reports are not submitted. Quarterly reports shall cover the periods January 1 through March 31, April 1 through June 30, July :1 through September 30, and October 1 through December 31. Reports shall be due within thirty (30) days following the end of the quarter being reported. J. COMPENSATION 1. Method of compensation. Payment shall normally be made on a reimbursable basis as specified in the grant agreement and no more often than once per month. Each request for payment will be submitted by the RECIPIENT on State voucher request forms provided by the DEPARTMENT along with documentation of the expenses. Payments shall be made for each task/phase of the project, or portion thereof, as set out in the Scope of Work when completed by the RECIPIENT and approved as satisfactory by the Project Officer. The payment request form and supportive documents must itemize all allowable costs by major elements as described in the Scope of Work. Instructions for submitting the payment requests are found in "Administrative Requirements for Ecology Grants and Loans", part IV, published by the DEPARTMENT. A copy of this document shall be furnished to the RECIPIENT. When payment requests are approved by the DEPARTMENT, payments will be made to the mutually agreed upon designee. Payment requests shall be submitted to the DEPARTMENT and directed to the Project Officer assigned to administer this agreement. 2. Period of Compensation. Payments shall only be made for actions of the RECIPIENT pursuant to the granUloan agreement and performed after the effective date and prior to the expiration date of this agreement, unless those dates are specifically modified in writing as provided herein. 3. Final Request(s) for Payment. The RECIPIENT should submit final requests for compensation within forty-five(45) days after the expiration date of this agreement and within fifteen (15) days after the end of a fiscal biennium. Failure to comply may result in delayed reimbursement. 4. Performance Guarantee. The DEPARTMENT may withhold an amount not to exceed ten percent (10%) of each reimbursement payment as security for the RECIPIENTs performance. Monies withheld by the DEPARTMENT may be paid to the RECIPIENT when the project(s) described herein, or a portion thereof, have been completed if, in the DEPARTMENT's sole discretion, such payment is 2 reasonable and approved according to this agreement and, as appropriate, upon completion of an audit as specified under section J.6. herein. 5. Unauthorized Expenditures. All payments to the RECIPIENT may be subject to final audit by the DEPARTMENT and any unauthorized expenditure(s) charged to this grant/loan shall be refunded to the DEPARTMENT by the RECIPIENT. 6. Mileage and Per Diem. If mileage and per diem are paid to the employees of the RECIPIENT or other public entities, it shall not exceed the amount allowed under state law for state employees. 7. Overhead Costs. No reimbursement for overhead costs shall be allowed unless provided for in the Scope of Work hereunder. . K. TERMINATION 1. For Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of the DEPARTMENT, to perform any obligation required of it by this agreement, the DEPARTMENT may refuse to pay any further funds thereunder and/or terminate this agreement by giving written notice of termination. A written notice of termination shall be given at least five working days prior to the effective date of termination. In that event, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the RECIPIENT under this agreement, at the option of the DEPARTMENT, shall become Department property and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Despite the above, the RECIPIENT shall not be relieved of any liability to the DEPARTMENT for damages sustained by the DEPARTMENT and/or the State of Washington because of any breach of agreement by the RECIPIENT. The DEPARTMENT may withhold payments for the purpose of setoff until such time as the exact amount of damages due the DEPARTMENT from the RECIPIENT is determined. 2. Insufficient Funds. The obligation of the DEPARTMENT to make payments is contingent on the availability of state and federal funds through legislative appropriation and state allotment. When this agreement crosses over state fiscal years the obligation of the DEPARTMENT is contingent upon the appropriation of funds during the next fiscal year. The failure to appropriate or allot such funds shall be good cause to terminate this agreement as provided in paragraph K.1 above. When this agreement crosses the RECIPIENT's fiscal year, the obligation of the RECIPIENT to continue or complete the project described herein shall be contingent upon appropriation of funds by the RECIPIENT's governing body; Provided, however, that nothing contained herein shall preclude the DEPARTMENT from demanding repayment of ALL funds paid to the RECIPIENT in accordance with Section 0 herein. 3. Failure to Commence Work. In the event the RECIPIENT fails to commence work on the project funded herein within four months after the effective date of this agreement, or by any date mutually agreed upon in writing for commencement of work, the DEPARTMENT reserves the right to terminate this agreement. L. WAIVER Waiver of any RECIPIENT default is not a waiver of any subsequent default. Waiver of a breach of any provision of this agreement is not a waiver of any subsequent breach and will not be construed as a modification of the terms of this agreement unless stated as such in writing by the authorized representative of the DEPARTMENT. 3 M. PROPERTY RIGHTS 1. Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property, the RECIPIENT may copyright or patent the same but the DEPARTMENT retains a royalty-free, nonexclusive and irrevocable license to reproduce, publish, recover or otherwise use the material(s) or property and to authorize others to use the same for federal, state or local government purposes. Where federal funding is involved, the federal government may have a proprietary interest in patent rights to any inventions that are developed by the RECIPIENT as provided in 35 U.S.C. 200-212. 2. Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish information of the DEPARTMENT; present papers, lectures, or seminars involving information supplied by the DEPARTMENT; use logos, reports, maps or other data, in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to the DEPARTMENT. 3. Tangible Property Rights. The DEPARTMENTs current edition of "Administrative Requirements for Ecology Grants and Loans", Part V, shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by the DEPARTMENT in the absence of state, federal statute(s), regulation(s), or policy(s) to the contrary or upon specific instructions with respect thereto in the Scope of Work. 4. Personal Property Furnished by the DEPARTMENT. When the DEPARTMENT provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to the DEPARTMENT prior to final payment by the DEPARTMENT. If said property is lost, stolen or damaged while in the RECIPIENTs possession, the DEPARTMENT shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. 5. Acquisition Projects. The following provisions shall apply if the project covered by this agreement includes funds for the acquisition of land or facilities: a. Prior to disbursement of funds provided for in this agreement, the RECIPIENT shall establish that the cost of land/or facilities is fair and reasonable. b. The RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing that the land is freeJrom any impediment, lien, or claim which would impair the uses contemplated by this agreement. 6. Conversions. Regardless of the contract termination date shown on the cover sheet, the RECIPIENT shall not at any time convert any equipment, property or facility acquired or developed pursuant to this agreement to uses other than those for which assistance was originally approved without prior written approval of the DEPARTMENT. Such approval may be conditioned upon payment to the DEPARTMENT of that portion of the proceeds of the sale, lease or other conversion or encumbrance which monies granted pursuant to this agreement bear to the total acquisition, purchase or construction costs of such property. N. SUSTAINABLE PRODUCTS In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is encouraged to implement sustainable practices where and when possible. These practices include use of clean energy, and purchase and use of sustainably produced products (e.g. recycled paper). For more information, see www.ecy.wa.gov/sustainability.. O. RECOVERY OF PAYMENTS TO RECIPIENT The right of the RECIPIENT to retain monies paid to it as reimbursement payments is contingent upon satisfactory performance of this agreement including the satisfactory completion of the project described in the Scope of Work. In the event the RECIPIENT fails, for any reason, to perform obligations required of it by this agreement, the RECIPIENT may, at the DEPARTMENTs sole discretion, be required to repay to the DEPARTMENT all granUloan funds disbursed to the RECIPIENT for those parts of the project that are rendere~ worthless in the opinion of the DEPARTMENT by such failure to perform. 4 Interest shall accrue at the rate of twelve percent (12%) per year from the time the DEPARTMENT demands repayment of funds. If payments have been discontinued by the DEPARTMENT due to insufficient funds as in Section K.2 above, the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. Any property acquired under this agreement, at the option of the DEPARTMENT, may become the DEPARTMENTS property and the RECIPIENT'S liability to repay monies shall be reduced by an amount reflecting the fair value of such property. P. PROJECT APPROVAL The extent and character of all work and services to be performed under this agreement by the RECIPIENT shall be subject to the review and approval of the DEPARTMENT through the Project Officer or other designated official to whom the RECIPIENT shall report and be responsible. In the event there is a dispute with regard to the extent and character of the work to be done, the determination of the Project Officer or other designated official as to the extent and character of the work to be done shall govern. The RECIPIENT shall have the right to appeal decisions as provided for below. Q. DISPUTES Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under this agreement which is not disposed of in writing shall be decided by the Project Officer or other designated official who shall provide a written statement of decision to the RECIPIENT. The decision of the Project Officer or other designated official shall be final and conclusive unless, within thirty days from the date of receipt of such statement, the RECIPIENT mails or otherwise furnishes to the Director of the DEPARTMENT a written appeal. In connection with appeal of any proceeding under this clause, the RECIPIENT shall have the opportunity to be heard and to offer evidence in support of this appeal. The decision of the Director or duly authorized representative for the determination of such appeals shall be final and conclusive. Appeals from the Director's determination shall be brought in the Superior Court of Thurston County. Review of the decision of the Director will not be sought before either the Pollution Control Hearings Board or the Shoreline Hearings Board. Pending final decision of dispute hereunder, the RECIPIENT shall proceed diligently with the performance of this agreement and in accordance with the decision rendered. R. CONFLICT OF INTEREST No officer, member, agent, or employee of either party to this agreement who exercises any function or responsibility in the review, approval, or carrying out of this agreement, shall participate in any decision which affects his/her personal interest or the interest of any corporation, partnership or association in which he/she is, directly or indirectly interested; nor shall he/she have any personal or pecuniary interest, direct or indirect, in this agreement or the proceeds thereof. S. INDEMNIFICATION 1. The DEPARTMENT shall in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the project described herein, except as provided in the Scope of Work. 2. To the extent that the Constitution and laws of the State of Washington permit, each party shall indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this agreement. T. GOVERNING LAW This agreement shall be governed by the laws of the State of Washington. U. SEVERABILITY If any provision of this agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this agreement which can be given effect without the invalid provision, and to this end the provisions of this agreement are declared to be severable. 5 v. PRECEDENCE In the event of inconsistency in this agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) applicable Federal and State statutes and regulations; (b) Scope of Work; (c) Special Terms and Conditions; (d) Any terms incorporated herein by reference including the "Administrative Requirements for Ecology Grants and Loans"; and (e) the General Terms and Conditions. SS-010 Rev. 04/04 6 ~--~~~' _ -- ~\LA, ff.. '~........n.......VV-1 .. - "v.,. _'.'J. '" <5' ff '-<- ,/~ .......'50 'Vl Uo/ ~. i("? \'$~t. ~--'!~X~~ ;Q \~~~~l~ ~:~:":"'l:o?':~ J ~ City of Tuhwila Utilities Committee UTILITIES COlVINIITTEE - Meeting Minutes November 6, 2007- 5:00 p.m. PRESENT Councilmembers: Absent: Staff: Joe Duffie, Acting Chair; Dennis Robertson (filling in for quorum) Joan Hernandez and Jim Haggerton Jim Morrow, Frank marte, Pat Brodin, Bob Giberson, Ryan Larsen, Gail Labanara, Kevin Fuhrer and Kimberly Matej CALL TO ORDER: Acting Chair Duffie called the meeting to order at 5: 17 p.m. I. PRESENTATIONS - No presentations. II. BUSINESS AGKNDA A. South 1291h Street Drainage Modifications - Bid Award Staff is seeking full Council approval to award a construction contract to Brike Excavating, LLC in the amount of $37,697.91 for drainage modifications on South 129th Street (Codiga property). These modifications are a result of the incorrect placement of a drainage swale in 1999. The error in original placement of this drain was caused by misinterpretations by the City and as well as the project engineers, KPG. KPG is working with staff on relocation design at no cost to the City. This project is being funded through the surface water budget. UNAl\1JlVIOUS APPROVAL. FORWARD TO NOVEMBER 19 REGULAR MEETING. B. 1\TPDES Phase II Stormwater Management Plan Staff is seeking full Council approval for the Mayor to sign a grant agreement with the Department of )j:ECOIOgy in ~he amount of $7~,000. Thes~ ~nd~ w. ill be utilized to create a st~rmwater man~gement plan for the Nahonal Pollutant DIscharge EhmmatlOn System (NPDES) as reqmred by the CIty'S 1\TPDES Phase II permit. Council approved a consultant agreement with Parametrix, Inc. at the November 5 Regular Council meeting relating to this project. Essentially, the project will be paid for the Department of Ecology. No matching funds are required for this grant. UNAt'\ThIOUS APPROVAL. FORWARD TO NOVEMBER 19 REGULAR MEETING. C. 2007 Third Quarter Report to Council The Committee reviewed the status of program goals as outlined III the Second Quarter Report. ThTFORlvIATION ONLY. D. 2008 Proposed Budget and CIP Review The Committee reviewed the CIP pages as outlined below. FORWARD TO NOVEMBER 19 REGULAR .MEETING FOR BUDGET DISCUSSION. Attachment A Attachment B Attachment C CIP PAGES VII-IX X XI-XIV m.lVIISCELLAt'\TEOUS - Meeting adjourned at 5:25 p.m. Next meeting: Tuesday, November 20,2007 - 5:00 p.m. - Conference Room No. 1. Committee Chair Approval Minutes by KAM. (Approved by Councilmember Duffie; to be initialed upon return from NLC Conference) ~ CAS NUMBER: 07-136 AGENDA ITEM TITLE 2008 Contract with Kenyon Disend, LLC for legal services C. \1EGORY SUMMARY MTG. DATE 11/19/07 COUNCIL AGENDA SYNOPSIS Lutials Meetittg Date Prepared by 1 Ma yor's review I Council review 11/19/07 RB ti 1 6..f,7, I ITEM INFORMATION i 3i0 I ORIGINAL AGENDA DATE: 11/19/07 Discursiorr Motion l 1 Resolution Ordinance Bid Award 1 1 Public Hearing Other Mt; Date Council Ma Adm Svcs DCD n Finance Fire Legal 1 1 Pe:R Police n PIS itg Date 11/19/07 hltg Date 11/19/07 Mtg Date Altg Date Mtg Date Mtg Date Authorize the Mayor to sign a contract with Kenyon Disend, LLC, for 2008 legal services in the amount of $36,785.00 per month (plus expenses) The only change from last year is the date from 2007 to 2008 and a 4% increase in the flat fee and an increase in hourly rates. RE\'IIi ED BY l f COW Mtg. n CA &P Cmte F &S Cmte 1 1 Transportation Cmte Utilities Cmte n Arts Comm. 1 l Parks Comm. Planning Comm. DA 1h: 11/5/07 RECOMMENDATIONS: SPONSOR /ADMIN Approval of Contract COMMITTEE Unanimous Approval; Forward to Regular Meeting COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED $36,785.00 /month plus expense $422,473 Fund Source: 000.06.515.200 Comments: MTG. DATE RECORD OF COUNCIL ACTION ATTACHMENTS Informational Memorandum dated 11/1/07 Proposed contract with strikethrough changes Chart delineating fund utilization Minutes from the Finance and Safety Committee meeting of 11/5/07 ITEM No. 7.D. APPROPRIATION REQUIRED City of Tukwila I T 6200 Southcenter Boulevard Tukwila, Washington 98188 Steven M Mullet, Mayor 908 To: Finance and Safety Committee /so attachments Date: November 1, 2007 From: Mayor's Office:: P., RE: 2008 Contract with Kenyon Disend, PLLC Phone: 206 433 1800 City Hail Fax: 206 433 1833 www.ci.tukwila.wa.us Please see attached the proposed 2008Contract with Kenyon Disend. PLLC The only change from last year is the date, which has been changed from 2007 to 2008 (page 1, Section 4, Duration of Agreement), a 4% increase in the flat fee, and an increase in hourly rates. It is recommended that this contract be forwarded to the November 19 Regular Meeting for approval. This Agreement is entered into by and between the CITY OF TUKWILA, Washington, a noncharter optional municipal code city hereinafter referred to as "the City," and KENYON DISEND, PLLC, hereinafter referred to as "the Contractor," whose principal office is located in Issaquah, Washington. and CONTRACT FOR LEGAL SERVICES Contract No. WHEREAS, the City has a need to have certain legal services performed for its citizens; WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope and Schedule of Services to he Performed by Contractor The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all federal, state, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. Such local rules and ordinances shall include, but not be limited to, the City Code of Ethics, as set forth in Ordinance No. 2068. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Compensation and Method of Payment The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. 3. Contractor Rlld a -.t The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. 4. Duration of Agreement This Agreement shall be in full force and effect for a period commencing January 1, 2 and ending December 31, 2 unless sooner terminated pursuant to paragraph 8 of this Agreement. 5. Independent Contractor Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits 1 C:\DOCUME- 1\shelley\ LOCALS- 1 \Temp\XPGrpWise \Tukwila 2008 Kenyon Disend TRACK CHANGE.doe/Si10 /17/07 accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. 6. Tndemnification The Contractor shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Contractor, its officers, agents and employees, in performing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against the City, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Contractor, its officers, agents, and employees. 7. Tnsurance The Contractor shall procure and maintain in full force throughout the duration of this Agreement professional liability insurance with a minimum coverage of $1,000,000 per claim and $3,000,000 aggregate. Contractor shall provide evidence of such coverage in a manner and form acceptable to the City in the City's sole discretion. Cancellation of the required insurance shall automatically result in termination of this Agreement. 8. Termination This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. 9. Discrimination Prohibited The Contractor shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Contractor to be provided under this Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or presence of any sensory, mental or physical handicap. 10. Assignment and Subcontract The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 11. Entire A greement This Agreement contains the entire agreement between the parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or bind any of the parties hereto. Either party may request changes in the agreement. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement and with the consent of the City Council. -2 C ADOCUME- PshelleyTOCALS- 1 \Temp\3PGcpWise \Tukwila 2008 Kenyon Disend TRACK CHANGE.doviS/10 /17,07 12. Notices Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 13. Applicable Law: venue: Attorney's Feec. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this day of 20062007 CITY OF TUKWILA CONTRACTOR: KENYON DISEND, PLLC Mayor Steve Mullet ATTEST /AUTHENTICATED: Jane E. Cantu, City Clerk By: Title: ADDRESS: 11 Front Street South Issaquah, Washington 98027 (425) 392 -7090 3 C \DOC:UME- 1\shelley\ LOCALS-- 11Temp4�GrpWise \TukWla 2008 Kenyon Disend TRACK C1IANGE.doclS/10 /17107 F.XHTRTT A sr-Dm OF SF,R VICES Contractor agrees to provide a level of service equal to or greater than the level of service provided by an in -house city attorney office consisting of one city attorney and one assistant city attorney /prosecutor. In particular, Contractor agrees to: 1. Provide general city attorney services, which include but are not limited to: A. Attend regular meetings of the City Council; B. Attend Executive Sessions and special meetings of the City Council, Committee of the Whole, Committee meetings, and meetings of City Boards and Commissions, upon request; C. Prepare or review ordinances, resolutions, contracts, interlocal agreements, and other city documents or materials; D. Practice "preventative law" in the form of regular consultation with staff and elected officials, and maintenance of between 20 and 25 "office hours" each week at City Hall, exclusive of prosecutor time; E. Provide special classes and/or seminars for staff, elected officials, Boards, and Commissions on issues including, but not limited to, ethics, conflict of interest, and the appearance of fairness doctrine. F. Except as set forth in Section 3, defend litigation brought against the City; G. Defend or initiate administrative hearings involving the City including, but not limited to, drug forfeiture and seizure hearings, code enforcement, and similar matters; H. Such other general city attorney matters as are assigned; I. Provision of pagers and cellular telephones to all attorneys employed by Contractor, and a list of such pager and telephone numbers to the City; and J. Comprehensive Internet and remote access capability, including e -mail, linking Contractor's office with City Hall. 4 C:\ DOCUME_ 1` shelley\L.00ALS- 11Temp\XPGrpWise \Tukwila 2008 Kenyon Disend TRACK CHANGE.dodS/10 /17;07 2. Provide city prosecution services, which include but are not limited to: K. Review, determine filing decision, and file all Tukwila Police Department reports involving misdemeanor and gross misdemeanor crimes, and represent the City on all contested traffic hearings; L. Regularly consult with and train police department personnel on selected legal issues, and attend police department administrative staff meetings as requested; M. File and defend appeals of municipal court decisions; and N. Such other city prosecution matters as are assigned. 3. Provide City Attorney services for litigation and contested administrative proceedings, which include but are not limited to: O. Initiation and defense of litigation and contested administrative proceedings on the City's behalf. Contractor shall be compensated for such litigation and contested administrative proceedings as Separate Matters under paragraph 2 of Exhibit B. 4. Provide Special Services, which include but are not limited to: P. Other specialized municipal law services; provided, however, that any such Special Services shall first be authorized by the Mayor, and shall be subject to paragraph 3 of Exhibit B regarding compensation. S. Provide paralegal services, which include but are not limited to: Q. General paralegal support for the City Attorney and for the prosecuting attorney equivalent to one FTE. 6. It is understood and agreed that the City Attorney shall not provide private legal services to any employee of the City of Tukwila during the term of this agreement. -5 C DOCUME -1\ Shelley\ LOCAL S-- 1 \Temp'XPGnp\Vise \Tukwla 2008 Kenyon Disend TRACK CHANGE.dociS/10 /17/07 FNNTRTT B CY)MPFNSATTON ANT) MRTHOT) C)F PAYMF,NT 1. For all general city attorney and city prosecutor services set forth in paragraphs 1 and 2 of Exhibit A, Contractor shall be paid a flat monthly fee of $35,37036,7X5, plus extraordinary expenses. Extraordinary expenses shall include court filing fees, deposition and other discovery costs, parking, mileage costs other than to and from City Hall or other locations within the City, and other similar expenses advanced by Contractor on City's behalf. Extraordinary expenses shall not include routine photocopying, fax, or long distance telephone charges. 2. All litigation and administrative proceeding services set forth in paragraph 3 of Exhibit A shall be considered to be Separate Matters. Contractor shall maintain its current practice of providing individual monthly billing statements for each Separate Matter. Separate Matters mean (a) each individual civil action filed by or against the City, except that multiple condemnation lawsuits related to the same project shall constitute only one Separate Matter, (b) all Code Enforcement matters collectively conducted before the Hearing Examiner or in Court, but not including general code enforcement services which shall be included in Contractor's flat monthly fee, (c) all criminal appeals collectively filed by or against the City, and (d) all drug or other forfeiture matters collectively filed by or against the City. Contractor shall include within the monthly flat fee, and shall not otherwise bill the City for, the first $5,000 expended on any Separate Matter as computed at Contractor's normal hourly rates for 2007 700R Thereafter, and for each such Separate Matter, Contractor shall be paid its nouual hourly rates for 20072008 which range between $130140 and $225235 for attorneys and between $75$0 and $9095 for paralegals, together with reimbursement for extraordinary expenses. Legal interns shall be billed at an hourly rate not to exceed $9095. 3. Special Services, if any, shall first be approved by the Mayor and City Council after negotiation regarding (1) whether additional compensation is fair and equitable for such Special Services and, if so, (2) the amount and manner of payment (e.g., flat fee, hourly, other) for such Special Services. -6 C:UJOCUME-1\ heliey\LOCAIS--11Temp\XPGrpWise \Tukwila 2008 Kenyon Disend TRACK CHANGE.docis/10 /17x'07 ATTORNEYS: Partners and Senior Attorneys Michael R. Kenyon Bruce L. Disend Shelley M. Kerslake Chris D. Bacha Sandra S. Meadowcroft Marg fret J King Karl Sand Associate Attorneys. J uTh c p 1 i B. LG Vaft $170 K ali all $170.00 HC1d1 B1usiu $155.00 Kern A. J1J1ge115C1i $1 55. Tuu c ui l rui l c15500 I tci BCCkwit $150.00 al.Gy 1V14ULli.. R CUCC YY 413 Muiu�a B ui.,k K Il alu y Peter Beckwith Renee Wall Kathy Hardy PARALEGALS: KENYON DISEND, PLLC HOURLY RATE SCHEDULE FOR YEAR 211072008 $225 ?1 5.00 $225215.00 $-i- 95205.00 95205.00 90204.00 200 00 190 00 150.00 $140.00 $130.00 Margaret C. Starkey $9095.00 Sheryl A. Loewen $$885.00 Pam M. Odegard $7580.00 Shelly Crossland $3 Nikki M Ciatei $75.00 Mary Eichelberger $75R0.00 Terry Cox $58.0.00 $130.00Amy Jo Pearsall $165 00 !160 00 $150 00 140 00 -7 C:\DOCUME- 1lshelley\LOCALS -1 \Temp \XPGrpWise \Tukwila 2008 Kenyon Disend TRACK CI IANGE.dociS/10 /17107 Kim Obermayer Kathy Swoyer LEGAL INTERNS: $750.00 $7580.00 $9095.00 -8 C:\DOCUME- 1\shelley\LOCAT S-1\ Temp \XPGrpWVise \Tukwila 2008 Kenyon Disend TRACK CHANGE.doe/S/10 /17/07 LITIGATION STATUS 2008 LEGAL SERVICES KENYON DISEND 0 i t3.0 qi 4J 0 U b!J r) O "-I .4J II 4 I i a) y i i 43 t I co a) r. 8 O v. U N u) M (1) CU N N N 0 O G C U i Q) O 0 O O O F" O U O t o czi u) O -,-s P 44 0 \z N .r__. Finance Safety Committee Minutes November 5. 2007 Pace 2 BUDGET PAGES Revenues 1 -25 Police 83 98 Fire 99 -116 Attachment A Attachment B Attachment C CIP PAGES VII IX X XI -XIV C. Seismic Hazard Screening Report Staff reviewed preliminary seismic screening results for a total of 11 City facilities as conducted by Reid Middleton. This initial screening process only accessed the rough structural details of each facility and does not include detailed structural analysis, seismic retrofit designs or relative cost estimates. This initial screening allowed each building to be assessed a structural score to predict the probability of that building collapsing for a Maximum Considered Earthquake. The score is applied as an exponent to the number 10 (i.e.: a building with a score of 2 would have a 1 in 100 chance of collapse, a score of 3 would have a 1 in 1,000 chance of collapse, etc.). This initial screening process does not account for a building's use or importance. These evaluation results have triggered a staff recommendation to move forward with conducting the next step of in -depth seismic evaluation for all buildings that have a structural score of 2.5 or Less. Additionally, due to the critical use associated with City Hall and Fire Station 53, staff recommends the in -depth assessment of these buildings regardless their structural scores (both are rated higher than 2.5). DISCUSSION/INFORMATIONAL ONLY. D. Seismic Hazard Analysis Consultant Agreement Supplemental Agreement No. 3 Based on the information presented in the prior agenda item, staff is requesting full Council approval to enter into Supplemental Agreement No. 3 with Reid Middleton for Seismic Hazard Analysis Services in the amount of $208,414. This next step in the analysis will look at soil assessment, structural features and detailed identification of appropriate changes to bring assessed buildings up to seismic code requirements. The analysis will also identify the cost effectiveness of making building upgrades versus building replacement, as well as prioritizing buildings as far as needing repair /replacement. Staff commented that this project is funded through the 303 Fund. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 19 REGULAR. E. Contract Renewal for 2008 Kenvon Law Firm Staff explained that this contract is practically the same as years past with the exception of increases in hourly rates and staffing changes for attorneys. A majority of associate attorneys left the firm due to a mass hiring of attorneys by the City of Seattle. Dennis requested the inclusion of a chart in the full Council agenda packet that outlines the funds the City expects to spend for legal services this year and in 2008. Staff commented that although day to day services have a tendency to be consistent, this number can be difficult to predict due to the variance of special matters. Finance Safety Committee Minutes November 5, 2007 Page 3 Joan expressed her desire for the attendance of the City Attorney at COW meetings in addition to regular Council meetings. However, she does realize the additional costs associated with this request. Rhonda commented that a City Attorney can be available for COW's with ample notification. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 19 REGULAR. F. Contract Renewal for 2008 Kirshenbaum Goss for Public Defender Services This is a renewal contract for public defender services. The contract will be for a three year period commencing on January 1, 2007, and remaining in effect through December 31, 2010. The compensation for the contract will be renewed annually with the appropriate Consumer Price Index adjustments taken into consideration. Staff commented that the City has not exceeded the monthly flat rate compensation for public defender services. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 19 REGULAR. G. Contract Renewal for 2008 M. J. Durkan for Lobbvina Services Item moved to November 19 Finance and Safety Committee meeting due to time constraints at current meeting. MOVE TO NOVEMBER 19 FINANCE SAFETY COMMITTEE. H. Contract Renewal for 2008 Ball Janik for Lobbvina Services Item moved to November 19 Finance and Safety Committee meeting due to time constraints at current meeting. MOVE TO NOVEMBER 19 FINANCE SAFETY COMMITTEE. M. ANNOUNCEMENTS No announcements. IV. MISCELLANEOUS Meeting adjourned at 6:48 p.m. Next meeting: Monday, November 19, 2007 5:00 p.m. Conference Room 3. J /,v1 Committee Chair Approval Minutes by KAM CAS NUMBER. 07-137 11/19/07 Meeting Date 11/19/07 COUNCIL AGENDA SYNOPSIS lltg Date 11/19/07 Mtg Date 11/19/07 Mtg Date Initrals Prepared by 1 iVIa;or'i review RB Conned d revienw ITEM INFORMATION J ORIGINAL AGENDA DATE: 11/19/07 RECORD OF COUNCIL ACTION Altg Date ATTACHMENTS Informational Memorandum dated 11/1/07 Proposed contract with strikethrough changes Minutes from the Finance and Safety Committee meeting of 11/5/07 ITEM NO. 7.E. AG END ITEM TITLE 2008 -2010 contract with Kirshenbaum and Goss, Inc. P.S. for public defender services C. \TEGORY Discussion Motion n Resolution Ordinance Bic1Award 1 1 Public Hearing 1 1 Other Mtg Date Mtg Date lltg Date Council [X] Mayor n Adm Svcs n DCD I 1 Finance U Fire n Legal n P&R U Police 1 1 PTV Authorize the Mayor to sign a contract with Kirshenbaum Goss for 2008 -2010 public defender services in the amount of $9,900.00 per month. The proposed contract reflects a 10% increase in the monthly rate, which has been in effect for 3 years. It also incorporates an annual inflator to avoid such large increases in the future. 111 :VIEWED BY COW Mtg. CA &P Cmte F &S Cmte E Transportation Cmte Utilities Cmte Arts Comm. n Parks Comm. U Planning Comm. DAI'E: 11/5/07 RECOMMENDATIONS: SPONSOR /ADMIN Approval of Contract COMMrrrLE Unanimous approval; Forward to Regular Meeting COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $9,900 /month $118,800 Fund Source GENERAL FUND Comments. TO: FROM: SUBJECT: DATE: City of Tukwila 6200 Southcenter Boulevard Tukwila, Washington 98188 Mayor's Of November 1, 2007 MEMORANDUM Finance and Safety Committee Public Iefender Services Contract Attached for your review is a contract with Kirshenbaum and Goss, Inc P.S. for Public Defender Services. This contract will replace one currently in effect that expires on December 31, 2007 The proposed 2008 contract reflects a 10 percent increase in the monthly rate, which we believe is appropriate given that the current rate has been effective for three years. The proposed contract incorporates an annual inflator to avoid such large increases in the future. It is recommended that the contract be reviewed by the committee, then forwarded to the November 19 Regular City Council Meeting for approval. Phone: 206 433 -1800 City Hall Fax: 206 433 -1833 www.ci.tukwila.wa.us Steven M Mullet, Mayor CONTRACT FOR PUBLIC DEFENSE SERVICES Kirshenbaum and Goss. Inc., P.S. 2008 THIS CONTRACT, entered into between the CITY OF TUKWILA, a municipal corporation, herein referred to as the "City," and DAVID R. KIRSHENBAUM, herein referred to as "Attorney." 1. Scope of Services. All indigent criminal defendants charged under ordinances of the City who qualify for appointment counsel and are screened upon or after January 1, 449-92008, shall be referred to the Attorney. The Attorney shall provide legal representation for each of these defendants from the time of screening for eligibility through trial, sentencing and appeals to the Superior Court, if necessary. 2. Applicant Screening. Determination of indigency for eligibility for appointed counsel under this Agreement shall be determined by an independent screening process established by the City. Should the Attorney determine a defendant is not eligible for assigned counsel prior to the establishment of the attorney /client privilege, the Attorney shall so advise the City to reconsider the screening of that particular individual. 3. 24 -Hour Telephone Access. The Attorney shall provide to the City Police Department, a telephone number or numbers at which an attorney may be reached 24 -hours each day for "critical; stage" advice to the defendants during the course of police investigations and/or arrest for misdemeanor violations of City ordinances. 4. Associated Counsel. Any counsel associated with or employed by the Attorney shall have the authority to perform the services called for herein and Attorney may employ associate counsel to assist him/her at Attorney's expense. The Attorney and all associates or Attorney's hired pursuant to this section shall be admitted to practice pursuant to the rules of the Supreme Court of the State of Washington. 5. Proof of Professional Liability Insurance. During the teiin of this Agreement and any extensions thereof, the Attorney shall secure and maintain a policy of comprehensive professional liability insurance given with an insurance company licensed to do business in the State of Washington. Said policy shall have limits of not less than $1,000,000.00. 6. Indemnification. The Attorney shall indemnify and hold the City, its elected officials, officers, and employees harmless from any and all claims whatsoever arising out of the Attorney's performance of obligations pursuant to this Agreement, including claims arising by reason of accident, injury or death. 7. Compensation. The City shall pay to the Attorney for services rendered under this Agreement, the flat rate of $9,000.009,900.00 per month during the period of January 1, 20082005 December 31, 20072008. This flat rate shall pertain to a caseload of 120440 per month. In those months where the caseload exceeds 1204-5-0, the Attorney shall be compensated at a rate of $85.0075.00 per case. These provisions shall be reviewed annually WA1viayor's Office Contracts'Kirshenbaum Contract 2007amend track changes.doc SO:ksn 11/1/2007 Page 1 of 1 not later than October of each year beginning in 20082005 to determine their appropriateness. Adjustments in the rate for the following year shall be made upon mutual approval of the parties. The Attorney shall bill the City on the first day of the month, or the first workday thereafter, for all cases assigned to him/her for the previous month. The first payment shall be made on or before January 20, 20082005, and by the 20th day of each and every month thereafter Annual CPI adjustment will be determined using CPI -U Seattle February to February retroactive to January 1 of each year. 8. Discovery Provided. The City shall provide to the Attorney, at no cost to the Attorney or defendant, one copy of all discoverable material concerning each assigned case. Such material shall include, where relevant, a copy of the abstract of the defendant's driving record. 9. Code Provided. The City shall provide to the Attorney, at no cost to the Attorney, one copy of the Tukwila Municipal Code, and any amendments thereto adopted during the term of this contract. 10. No Assienments or Subcontracts. No assignment or transfer of this Agreement, nor of any interest in this Agreement, shall be made by either of the parties without prior written consent. 11. Attorney Conflict. n the event the representation of a defendant hereunder raises a conflict of interest such that the Attorney cannot ethically represent the defendant, said defendant shall be referred back to the City for further assignment, without cost to the Attorney. 12. Term of this Agreement. Provisions of services pursuant to this Agreement shall commence on January 1, 20082005. This Agreement shall remain in full force and effect through December 31, 20102007, unless terminated earlier pursuant to the provisions hereof 13. Termination. a. At Election of the City or Attorney: The City or Attorney may terminate this Agreement without the necessity of substantiating cause upon expiration of 60 days from receipt by City or Attorney of written notice of such termination. b. For Reasons Beyond Control of Parties: Either party may teiminate this Agreement without recourse by the other where perfounance is rendered impossible or impracticable for reasons beyond such party's reasonable control, such as, but not limited to, acts of nature, war or warlike operations; civil commotion; riot; labor dispute, including strike, walkout, or lockout; sabotage; or superior governmental regulation control. c. Notice: Notice of termination pursuant to section 13.b. above, shall be given by the party terminating this Agreement to the other not less than 30 days prior to the effective date of termination. W \Mayor's Office Contracts\Kirshenbaum Contract 2007amend track changes.doc so:ksn 11/1!2007 Page 2 of 2 14. Amendments. No modification of amendment of the provision of this Agreement shall be effective unless in writing and signed by authorized representatives of the parties hereto. 15. Entire Agreement. This instrument contains the entire agreement between the parties and may not be enlarged, modified, or altered, except in writing, signed by both parties and endorsed herein. CITY OF TUKWILA: DAVID R. KIRSHENBAUM: By: By: Steven M. Mullet, Mayor ATTEST: By: Dated this Jane E. Cantu, CMC, City Clerk W:\Mayor's Office Contracts\Kirshenbaum Contract 2007arnend track changes.doc SO:ksn 11/1/2007 day of 20072004. 1 Page 3 of 3 Finance Safety Committee Minutes November 5. 2007 Paae 3 Joan expressed her desire for the attendance of the City Attorney at COW meetings in addition to regular Council meetings. However, she does realize the additional costs associated with this request. Rhonda commented that a City Attorney can be available for COW's with ample notification. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 19 REGULAR. F. Contract Renewal for 2008 Kirshenbaum Goss for Public Defender Services This is a renewal contract for public defender services. The contract will be for a three year period commencing on January 1, 2007, and remaining in effect through December 31, 2010. The compensation for the contract will be renewed annually with the appropriate Consumer Price Index adjustments taken into consideration. Staff commented that the City has not exceeded the monthly flat rate compensation for public defender services.. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 19 REGULAR. G. Contract Renewal for 2008 M. J. Durkan for Lobbying Services Item moved to November 19 Finance and Safety Committee meeting due to time constraints at current meeting. MOVE TO NOVEMBER 19 FINANCE SAFETY COMMITTEE. H. Contract Renewal for 2008 Ball Janik for Lobbying Services Item moved to November 19 Finance and Safety Committee meeting due to time constraints at current meeting. MOVE TO NOVEMBER 19 FINANCE SAFETY COMMITTEE. III. ANNOUNCEMENTS No announcements. IV. MISCELLANEOUS Meeting adjourned at 6:48 p.m. Next meeting: Monday, November 19, 2007 5:00 p.m. Conference Room 3. Committee Chair Approval Minutes by KAM CAS NUMBER. 07-138 CATEGORY Discussion Motion SPONSOR'S SUMMARY REVIEWED BY MTG. DATE 11/19/07 c 138 Mtg Date 11/19/07 Mtg Date 11/19/07 Mtg Date COW Mtg Utilities Cmte COUNCIL AGENDA SYNOPSIS Intt/als Meeting Date Prepared by 1 11Iayor; review Cowrc1 11/19/07 1 RB 1 -G 1 J ITEM INFORMATION ORIGINAL AGENDA DATE. 11/19/07 AGENDA ITEM TITLE 2008 Contract with Ball Janik, LLP for lobbying services Resolution Ordinance Bid Award Public Hearing 1 1 Other Mtg Date Mtg Date SPONSOR 1 1 Council tllla Adm Svcs DCD 11 Finance n Fire Legal 1 P&R 1 1 Polece n Ply Mtg Date Authorize the Mayor to sign a contract with Ball Janik, LLP, for 2008 lobbying services in the amount of $9,568.00 per month (plus expenses). The only changes from last year involve the date change from 2007 to 2008 and in Exhibit A, the Scope of Work has been amended and fine tuned. CA &P Cmte n Arts Comm. F &S Cmte n Parks Comm. DAIE. 11/19/07 (due to time constraints at 11/5/07 FS meeting) RECOMMENDATIONS: SPONSOR /ADMIN. Approval of Contract COMMITIhE Discussed at 11/19/07 FS Meeting prior to Regular Meeting COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED $9,568 /month plus expenses $119,000 Fund Source: 000.02 Continents MTG. DATE 1 RECORD OF COUNCIL ACTION ATTACHMENTS Informational Memorandum dated 11/1/07 Proposed contract with strikethrough changes ITEM NO 7.F. Mtg Date Transportation Cmte fl Planning Comm. APPROPRIATION REQUIRED City of Tukwila 6200 Southcenter Boulevard Tukwila, Washington 98188 Steven M. Mullet, Mayor To: Finance and Safety Committe From: Mayor's Office RE: 2008 Contract with Ball Janik, LLP Date. November 1, 2007 MEMORANDUM Please see attached the proposed 2008 Contract with Ball Janik, LLP The only changes from last year are 1) The date has been changed from 2007 to 2008 (page 1, Duration of Agreement section) 2) In Exhibit A the Scope of Work has been amended and fine tuned It is recommended that this contract be forwarded to the November 19 Regular City Council Meeting for approval attachments Phone: 206 433 -1800 City Hall Fax: 206- 433 -1833 0 www.ci.tukwila.wa.us Contract For Services 20087 Ball Janik, L.L.P. This agreement is entered into by and between the City of Tukwila, Washington, a noncharter optional municipal code city hereinafter referred to as "the City and Ball Janik, LLP, hereinafter referred to as "the Contractor" whose principal office is located at 1455 F Street, NW, Suite 225, Washington D.C. 20005 Whereas, the City has determined the need to have certain services performed for its citizens but does not have the staff resources or expertise to perform such services, and Whereas, the City desires to have the Contractor perfoilu such services pursuant to certain terms and conditions, now, therefore, In Consideration of the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: Scone and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statues, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the city if the scope or schedule is to be modified in any way. Compensation and Method of Pavment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed nine thousand two hundred dollars ($9,568) per month plus expenses. Expenses shall be detailed on each monthly billing and shall not exceed one thousand dollars ($1,000) per month without prior approval of the City. The monthly retainer shall be evaluated at the end of the first full month and each quarter thereafter for appropriateness. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January 1, 20087 and ending December 31, 20078 unless sooner terminated under the provisions hereinafter specified. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between Contract for Services 20087 Ball Janik, L.L.P. Page 2 the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. Indemnification. The Contractor shall indemnify, defend and hold harmless the City its officers, agents and employees, from and against any and all claims, losses, or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Contractor, its officers, agents and employees, in performing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against he City, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Contractor, its officers, agents, and employees. Insurance. The Contractor shall procure and maintain in full force throughout the duration of the Agreement comprehensive general liability insurance with a minimum coverage of $500,000.00 per occurrence /aggregate for personal injury and property damage. Said policy shall name the city of Tukwila as an additional named insured and shall include a provision prohibiting cancellation or reduction in the amount of said policy except upon thirty (30) days prior written notice to the City. Cancellation of the required insurance shall automatically result in termination of this Agreement. Certificates of coverage as required by Paragraph A above shall be delivered to the City within fifteen (15) days of execution of this Agreement. Record Keeping and Reporting. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records that sufficiently and properly reflect all direct and indirect costs of any nature expended and services in the performance of this Agreement. These records shall be maintained for a period of seven years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 4014 and by the City. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject inspection, review or audit by law during the performance of Contract for Services 20087 Bali Janik, L.L.P. Page 3 this Agreement. Termination. The City giving to the Contractor thirty days written notice of the City's intention to terminate the same may at any time terminate this Agreement. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement. Discrimination Prohibited. The Contractor shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Contractor to be provided under this Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or presence of any sensory, mental or physical handicap. Assinnment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. Entire Agreement. This Agreement contains the entire agreement between the parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or bind nay of the parties hereto. Either party may request changes in the agreement. Proposed changes, which are mutually agreed upon, shall be incorporated by written amendments to this Agreement. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Blvd Tukwila, WA 98188 Notices to the Contractor shall be sent to the following address: Ball Janik, LLP Michelle E. Giguere 101 SW Main Street, Suite 1100 Portland, OR 97204 Applicable Law: Venue: Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or the proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that the venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. Contract for Services 20087 Ball Janik, L.L.P. Page 4 DATED this CONTRACTOR: BY: ATTEST /AUTHENTICA "I'ED: BY: day of Jane E. Cantu, City Clerk APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: CITY OF TUKWILA: Steven M. Mullet, Mayor 1 1 Contract for Services 20087 Ball Janik, L.L.P. Page 5 Exhibit A Scope of Work and Specific Service Ball Janik, LLP 1. Scone of Work: Ball Janik LLP will provide federal representation and lobbying services for the city of Tukwila related to securing federal authorization and appropriation for key projects identified by the City. Ball Janik LLP will also work with City officials, City staff, the Washington Congressional delegation, key Congressional Committees, and Administration officials to build upon previous work done by the City. On matters of federal policy, Ball Janik will monitor key legislation debated by Congress this session and will continually evaluate such legislation for opportunities to secure special congressional or federal agency support for policies which will help to advance Tukwila's goals and priorities. Ball Janik will monitor the ongoing debate over telecommunication legislation and will advocate for legislative language, which will maintain or restore local control over franchising, access to local rights of way, and related matters when it comes to regulating telecommunication prov it the ems. In addition, Ball Janik will closely monitor final Congressional Action debate over the reauthorization of our nation's federalon the aviation program renewal legislation. and advocate for program changes and funding levels that could benefit Tukwila and city neighborhoods adversely affected by operations at SEATAC or Boeing Field. Further, Ball Janik will monitor and advocate for Tukwila on environmental, energy conservation, affordable housing, emergencv responder. water nolicv bills. surface and rail transportation funding_/ and policy, and tax-other legislation which may be considered by Congress and advocate for policy positions that would benefit Tukwila and its citizens. On matters of federal funding and appropriations, Ball Janik will provide guidance and assistance to the City regarding opportunities to secure federal funding for appropriation projects that the City determines to be its highest priorities for federal funding in FY'2008FY'2009. In particular, Ball Janik will provide city staff and elected leaders with advice and perspective on the chances for successfully pursuing initial or additional federal funding for projects such as: the Southcenter Parkway extension project; the KlickitatlUrban Center access transportation project; the Community Connections Project including funds to assist with the construction of a new pedestrian bridge linking the Urban Center to the commuter rail station; the Strander Blvd connection project (in coniunction with the City of Renton): resource related projects such as the Green Duwamish restoration project; library needs; circulator bus plans and partnership with Metro Seattle bus; commuter rail_ and other state State and related commercial and housing development work at Southcenter; human resources: emergencv renonder: and-ether—land acquisition,— Ltransportation enhancement, railroad crossing, and-community or commercial development related projects: and other nroiects identified by the City. Projects and priorities can be re- evaluated in the course of the year as Congressional and City priorities and agendas change and new opportunities to enhance federal financial support for City projects are presented. Ball Janik LLP will consult in early January, 2007 2008 with City officials to define confirm an agenda for action and place priorities on projects; coordinate meetings for City officials with Congressional and Administration officials; report to the City regularly on strategy, next steps, and implementation of objectives; provide regular communication, progress reports and recommendations for action to the City; and where appropriate continue to advise the City with regard to working with other regional and State officials on identified priorities. The scope of work Contract for Services 20088 Ball Janik, L.L.P. Page 6 may also include federal representation on matters related to LINK light rail, Sounder, and other matters under Sound Transit's jurisdiction. 1 Contract for Services 20087 Ball Janik, L.L.P. Page 7 2. Specific Services: Ball Janik LLP will be responsible, as a minimum for the following: Info!' i the City of key timelines for proposed actions Identify federal rule, policies, and laws that support the City's goals, Identify key officials and contacts that the City needs to make and the best time to make such contacts Brief all appropriate congressional and federal officials about Tukwila's priorities Advise City of key dates in the congressional and administrative calendar that impact its goals Work to maintain a strong Tukwila relationship and support for Tukwila's goals with all key members of the Washington congressional delegation Prepare background papers, position papers, project request subcommittee forms, and briefmg materials When appropriate, develop legislation, amendments, report language, and budget recommendations, and move them through the legislative process, attending and working with the congressional delegation and their Congressional officials at hearings, mark -ups and House /Senate conferences on legislation Assist Members of the congressional delegation with preparation of testimony, questions for agency officials at hearings, speeches and floor colloquies, drafting amendments and or committee report language and legislation Work with the City aggcrton, in particular, i, his -oic on the Information and Tcchnolob� interests in changing telecommunication policy Attend and report on congressional hearings of import Advise City of new regulations, programs, or proposed legislation of import Specifically monitor, analyze, report on, and make recommendations for initiatives and project requests for major reauthorization of legislation, and the annual appropriations bills TCSP, reverse commute and welfare to work programs, small systems transit funding, and to protect the City's Advise the City about positioning itself to make a strong SAFETEA -LU reauthorization funding request and work with City officials throughout the year to promote strong regional and state support for this anticipated funding request Obtain appointments for City officials in Washington, D.C., develop schedules, accompany City officials to meetings, and provide briefing materials for City officials for their meetings with Congressional officials Be the City's "eyes and ears" in Washington. Contract for Services 20087 Ball Janik, L.L.P Page 8 Exhibit B Terms of Payment Ball Janik, LLP will invoice the City for the work completed at the rate of $9,568.00, plus reasonable expenses, not to exceed $1,000, at the close of each month. Invoices will be paid within twenty (20) days of receipt. All expenses shall be listed in an itemized format. 1 Upcoming Meetings & Events NOVEMBER & DECEMBER 2007 19th (Monday) 20th (Tuesday) 21st (Wednesday) I 22nd (Thursday) 23rd (Friday) I 24th (Saturday) )> Finance & Safety )> Utilities Cffile 'i> Crime Hot Spots Highway 99 Cmte, CANCEllED Task Force Mtg., Thanksgiving 5:00 PM 10:00 AM Day Trash Pickup (CR #3) (CR #5) City offices closed City offices closed Day 9:00 - 10:00 A\l )> City Council ., For location call Rotary Donna at Regular J\1tg.. Thanlugiuing ~ .'~~cf 206-242-5556 7:00 PM Seniol'$ Celebration Y: __7 (Council ] 1:00 A'I to 2:00 PM -'<"-it!'!):) I Chambers) Tukwila Community W'l Center "tl FREE-to the first 200 people to sign up and receive a ticket from the Senior Programs office Sponsored by the Tukwi/a Rotary. r Par!ES CemmissisR PRE\~OUSLY RESOJEDULED TO NOVEMBER 14m THIS MO}lTH. 49 days to Centennial I 48 days I 47 days 46 days I 45 days 44 days Kick-off E,'eNt 26th (Monday) 27th (Tnesday) I 2Sth (Wednesday) 29th (Thursday) I 30th (Friday) I 1st (Saturday) :r Transportation )> Community r COPCAB, Breakfast with Cmte, Affairs & Parks 6:30 PM Santa 5:00 PM Cmte, (CR #5) 9:00 to II :00 A\I (CR #/) 5: 00 PM (Tukwila (CR #3) Community Center) 'i> City Council Committee ofthe ~ -, . Whole Mtg., ~ Court ( 7:00 PM (Council Chambers) Cost of breakfast: S5.00 at the door (limited seating) (Photo with Santa available for an additionaHee.) I Sponsored by the TuA,vila Rotary. 42 days 41 days 40 days I 39 days I 38 days I 37 dol's ..nn..'. tu J....yilal OO.com 'i> Arts Commission: 1st Tues., 5:00 PM, Tuk,yila Community Center. Contact Stephanie Gardner at 206-767-2342. )> City Council Committee ofWbole (C.O.W.) Meeting: 2nd & 4th Mon., 7:00 PM, Council Chambers at City Hall. 'i> City Council Regular Meeting: 1st & 3rd Mon., 7:00 PM, Council Chambers at City Hall. )> Ci\'i1 Serrice Commission: 2nd Mon., 5:00 PM, Conf. Room #3. Contact Bev Willison at 206-433-/844. 'i> Community Affairs & Parks Committee: 2nd & 4th Tues., 5:00 PM, Conf. Room #3. )> COPCAB (Communi!)' Oriented Policing Citizens Ady. Board): 4th Wed., 6:30 PM, Conf. Rm #5. Phi Huynh (206-433-7175). ;"Crime Hot Spots Task Force: 3rd Wed., 10:00 AM, Coni. Room #5. Contact Phi Huynh at 206-433-7175 )> Equi!)' & Diyersity Commission: 1st Thurs., 5:00 PM, Showalter Middle School Library. Contact Kimberly Matej at 206-433-1834. )> Finance & Safety Committee: 1st & 3rd Mon., 5:00 PM, Conf. Room #3. Agenda items for ////9/07 meeting: (A) Ordinance regarding domestic partner benefits. (B) Resolution regarding the non-represented employees' salary schedule. (C) Renewal of contract with MJ Durkan for 2008 lobbying services. (D) Renewal of contract with Ball Janik for 2008 lobbying services. (E) Parking issues on East Marginal Way. (F) 2007 Third Quarter report. 'i>Highway 99 Action Committee: 2nd Tues., 7:00 PM, Tub"ila Community Center. Contact ChiefDm'e Haynes at 206-433-/812. )> Parks Commission: 3rd Wed., 5:30 PM, Senior Game Room at Community Center. Contact Stephanie Gardner at 206-767-2342. 'i> Planning CommissionlBoard of Architectural Reyiew: 4th Thurs., except 2nd Thursday in Nov. & Dec., 7:00 PM, Council Chambers at City Hall. Contact Wynetta Bivens at 206-43/-3670. )>Sister City Committee: 1st Wed., 5:30 PM, Conf. Room #3. Contact Bev Willison at 206-433-1844. )>Transportation Committee: 2nd & 4th Mon., 5:00 PM, Conf. Room #1. )> Utilities Committee: 1st & 3rd Tues., 5:00 PM, Conf. Room #1. /1/20/07 meeting has been cancelled. ~ Court = Busy Court andlor Jury Calendar (noted to alert employees and citizens of potential parking difficulty). Tentative Agenda Schedule MONTH MEETING 1 - MEETING 2 - MEETING 3 - MEETING 4 - REGULAR C.O.W. REGULAR c.O.W. November 5 13 (Tuesday) 19 26 12fl. - Special Issues: Veterans Day See agenda packet . 2008 ,,,'ateT! sewer, (observed) cover sheet for this and surface water (Cif1J offices closed) week's agenda rates 22nd _ (Ncrvember 19, 2007 . Comprehensive Plan Thanksgiving Day Regular Meetillg) amendments briefing (CittJ offices closed) . Resolution increasing land use fees 23'" - Day after . Ordinance increasing Thanksgiving building permit fees (CittJ offices closed) . A resolution authorizing the Mayor to negotiate an agree- ment for construction of Southcenter Pkwy. with La Pianta, LLC . 2008 Council budget goals . City Council discussion of proposed appoint- ment process to fill Council vacancy December 3 10 17 24 25"'- Special Presentations: Special Issues: Cluistmas Day . Recycler of the Year Local Improvement (City offices closed) award District . TukwiIa Pond water 54th Ave. S.f quality feasibility So. 142nd St study and design Public Hearings: . Sound Transit commuter rail station CO},!MITIEE OF THE (quasi-judicial) WHOLE MEETING TO . Comprehensive Plan BE FOLLOWED BY A amendments (public SPECIAL MEETING meetillg) Unfinished Business: . Sound Transit commuter rail station (quasi-judicial) . Resolution increasing land use fees . Ordinance increasing building permit fees . 2008 water, sewer, and surface water rates . 2008 budget ordinance . Approval of City Council appointment process