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COW 2018-07-23 COMPLETE AGENDA PACKET
Tukwila City Council Agenda ••••COMMITTEE •OF THE WHOLE ❖ '-- c, a 'n ---- Allan Ekberg, Mayor Counci/members: ❖ Dennis Robertson ❖ Kathy Hougardy David Cline, City Administrator + De'Sean Quinn + Kate Kruller Verna Seal, Council President + Thomas McLeod + Zak Idan Monday, July 23, 2018; 7:00 PM Tukwila City Hall Council Chambers 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE 2. SPECIAL PRESENTATIONS a. Presentation of B-52 picture from the Museum of Flight. b. 2017 4th Quarter and 2018 1st Quarter financial reports. Peggy McCarthy, Finance Director Pg.1 3. PUBLIC COMMENTS At this time, you are invited to comment on items not included on this agenda (please limit your comments to five minutes per person). To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. (Refer to back of agenda page for additional information.) 4. SPECIAL ISSUES a. Commercial parking tax legislation: (1) An ordinance to increase the tax rate and adopt a penalty for late payment. (2) A resolution adopting a fee schedule related to appeals. b. Amendments to contracts associated with the Public Safety Plan. c. An ordinance granting a non-exclusive franchise to New Cingular Wireless PCS, LLC, a Delaware Limited Liability Company, for the purpose of maintaining a telecommunications system in certain public rights-of-way in the City. d. An ordinance granting a non-exclusive franchise to Mobilitie, LLC, a Nevada Limited Liability company, for the purpose of constructing, operating, and maintaining small cells in certain public rights-of-way in the City. e. Discussion and Council consensus on the SeaTac Airport Budget Proviso. f. An ordinance repealing Ordinance Nos. 663 and 1958, as codified in Tukwila Municipal Code Chapter 2.64, and reenacting Tukwila Municipal Code Chapter 2.64 related to the sale of City property. Pg.107 Pg.125 Pg.165 Pg.219 Pg.249 Pg.271 5. REPORTS a. Mayor b. City Council c. Staff d. Council Analyst 6. MISCELLANEOUS 7. ADJOURN TO SPECIAL MEETING (continued...) COMMITTEE OF THE WHOLE MEETING July 23, 2018 Page 2 ❖ SPECIAL MEETING ❖ ❖ Ord #2582 ❖ Res #1942 1. CALL TO ORDER / ROLL CALL 2. CONSENT AGENDA a. Approval of Vouchers b. An ordinance repealing Ordinance Nos. 663 and 1958, as codified in Tukwila Municipal Code Chapter 2.64, and reenacting Tukwila Municipal Code Chapter 2.64 related to the sale of City property. Pg.271 3. NEW BUSINESS 4. EXECUTIVE SESSION — Collective Bargaining — Pursuant to RCW 42.30.140(4)(a) — 30 minutes 5. ADJOURNMENT Tukwila City Hall is ADA accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office (206-433-1800 or TukwilaCityClerk@TukwilaWA.gov). This agenda is available at www.tukwilawa.gov, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio/video taped (available at www.tukwilawa.gov) HOW TO TESTIFY \Mhan racognizeid by thea Alras:idiing Offiaar to adcrass Cha Couriail, please gic to lha podium anc slates your name] and adcrass alearlN for the record. Please observe thla basia rules of aeurtasy when speaking' and limit Faun comments ta minutes. Council appraaialas Bearing from citizens and miambers of Cha public, and may niot to able] ala answer questions or rispond during the meeting'. NU BL IC COMMENT S Members of 11t a public are givan Cha opportunity to address lila Council on items iIhat arca 1V67 included on the agenda during PIUULI]C CON MEI\1151. Plaasa limit Neur comments ta 9 minutes. If Nati have a aamimiar.it ani an Agonea :ilam, please wail until that 11am ecmias up for discussion to spaak on that tep:ic. SPECIAL! MEETINGS/EXECUTIVE SESSIONS Special Meetings may t a called at an}' time] with proper publia notiica. Flrceaduras followac are the sama as those used in Regular C auniciil maatings. Executive Sessions mai{ be callac to inform the C ouniciil of ponding legal action, finariaial, or parsonral m afters as plrasarit ac by law. Uxacutive Sessions ara niot apart to the public. PUBIJ] C HEARINGS Public! Hlaarings are raquirad by law bafcma thea Ccunail warn taka action on matters affaating tela publics interest such as land -use laves, annexations, rezone raquasts, put ] ic safaly issue's, etc.. Sactian 2.04.150 of Cha Tukwila IN uniaipal C ade states the following' guideline's fcir Public! Hlaarings: 1. Ma proponent shall speak first and is allowad 15 minutes fcir a prasentatiorn. a. Tha oppcnanl is than alllcwed 15 miniules to make a presantaticn. ? . F aah side is then allowac 5 minute's far rebuttal. 4. Mambers of Cha public who wish to address the C cunail may spaak for _`I minutes eacill. T a cna may spaak a sacond tima until avaryane w:] shlinig la spaak has spcldan. 3. After aaahl speakkir Has spoken., thle Caunciil mai' quasi ion the spaakar. Each spent ar can respond to the qucistiian, but mai{ not engaga in furthar debate a1 thal tima. . After the Public Hearing is cI ased and during the C aunc]i] maatinig, thle C ounc:il mai' choosy to discuss tha :issue among thamisah as, or dafcir the c isaussion to a future C ounciil mewling, wiilhcut furthler plublia lastimony. Council nation may only t a taken during' Regular ar Spacial Maatings. COUNCIL MEETING SCHEDULE No Council maelings ara scheduled an ala _`Ith Monday cif the month unlass priar publia notifiaation is givan. Regular Me c 1 in gs - ilha Mayor, al eat ad by 1 ha people to a four-year term, prasidas at all Ragular C ounc:i l Maetings held on the 1st and 3rd Monday's cif aaah month' at 7:00 p.m. and Spacial Maatings. Official Council actian in the form of forma] motions, adopting of rasolutiicns and passing cif ardinanaes can only ba taken at Ragulan or Special C ouncil maatings. C ommittec of the W'hos'e Mc etin gs - C cunailmembars aura eilactac for a four-yaar tarm. Tha Caunail President is alactac by the Counailmambars to preside at all C amimiittaa of if a Whole maatings for a ona-year term. C ommittea of the Whole meetings are hald the 2nc and 4th Mondays at 7:00 p.m. Issues discussed thane ara fbrwardad to Ragulan ar Special C aunci] maatings for offiaial actiari. July 17, 2018 2017 4th Quarter 2018 1st Quarter Financial Report City of Tukwila Year -to -Date 4th Quarter 2017 Financial Report July 17, 2018 2017 4th Quarter Financial Report 2 • 2017 General Fund Highlights • Strong development activity • Completion of many strategic projects • Financial health of the General Fund sustained • Substantial progress made on the Public Safety Plan July 17, 2018 2017 4th Quarter Financial Report 3 Other Governmental Funds Performed well in 2017 July 17, 2018 2017 4th Quarter Financial Report 4 • Year -to -Date 2018 1st Quarter Financial Report July 17, 2018 2018 1st Quarter Financial Report 5 General Fund Q1 Results ■ Revenue came in lower than budget largely due to sales tax ■ Progress made on 3% budgetary savings goal for departmental expenditures ■ Land sales budgeted for 2018 are expected to occur in 2019. July 17, 2018 2018 1st Quarter Financial Report 6 • J Public Safety Plan Progress • Fire apparatus purchased in February • Land purchase for Fire Station 54 in February • Progress made on several property purchases under eminent domain laws. July 17, 2018 2018 1st Quarter Financial Report 7 Challenges & Mitigating Actions ■ Although presented with financial challenges from stagnant sales tax growth, development activity and associated revenue remains strong. ■ Departmental budgetary savings expected to compensate for any revenue shortfall. ■ A plan is in place and, to -date, has proven effective in sustaining the City's financial health. No draw down of the General Fund is expected for 2018 July 17, 2018 2018 1st Quarter Financial Report 8 July 17, 2018 Q&A The city of opportunity, the community of choice. 10 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Finance Committee FROM: Peggy McCarthy, Finance Director BY: Jeff Friend, Fiscal Manager CC: Mayor Ekberg DATE: July 11, 2018 SUBJECT: 2017 4th Quarter Financial Report ISSUE The quarterly financial report summarizes the City's financial results and position and highlights significant events and trends. DISCUSSION The financial strength of the General Fund was maintained in 2017. Although revenues came in slightly under budget, expenditures did the same resulting in a slight increase in the fund balance. Other funds performed equally well. Some highlights of the year include: • $2.25 million received from sale of land to Tukwila Village Developer • $8.4 million bond issuance for 42nd Ave S and 53rd Ave S residential street improvements • Council authorized property purchases to site the Public Safety Plan facilities • Council approved issuance of up to $20 million in LTGO bonds for new Public Works shops • City assessed value exceeded $6 billion topping pre -recession levels • Reserve policy met or exceeded sustaining healthy financial position. • Value of building permits exceeded $122 million bringing in record building permit revenue • New 10,000 square foot King County Library opened at Tukwila Village • Police officers outfitted with body cameras • Traffic signal installed at the Foster High School intersection of S 144th and 42nd Ave S facilitating vehicle and pedestrian flow and improving safety. • Completion of utility projects including Andover Park E water/sewer main replacement and Andover Park W sewer main upgrade; substantial progress made on the central business district sanitary sewer rehabilitation project. Although financial performance remains solid, sales tax revenue - the City's largest source of tax revenue - has not reached projected levels. This flattening of sales tax growth has been offset by growth in other revenues but portends a trend that may negatively impact General Fund performance in the future. With the advent of the Department of Revenue's sales tax collections from remote out-of-state sellers in 2018 (pursuant to state legislation, EHB 2163), the City's sales tax growth may improve. However additionally, the streamlined sales tax mitigation payments of just over $1 million received by the City annually will cease in 2019 due to another decision by 11 INFORMATIONAL MEMO Page 2 the state legislature. Actions are being taken to address these issues and ensure the City's retains its healthy financial position and outlook. Of note, the City is experiencing exciting and robust development activity and so permitting and impact fee revenue is healthy. The value of 2018 building permits through May is $20 million or 36% higher than 2017. The first residential structure in the central business district is now open. This 19 story Washington Place development comprises 371 Airmark Apartments and 185 Hotel Interurban rooms in addition to the Waterleaf restaurant. Groundbreaking took place in June 2018 for Marvelle at Southcenter, a 166 unit luxury 55 and older apartment complex. The City's pedestrian bridge, spanning the Green River just west of the Sounder commuter rail station, is open and being enjoyed by residents and commuters. Development plans for Tukwila South are underway and include a residential community, and the first Tukwila Village building is open and experiencing high lease up demand. ATTACHMENTS 4th Quarter 2017 Financial Report • Highlights of 2017 • General Fund financial reports • Other Fund financial reports • Detail Department Expenditure reports 12 Z:\Council Agenda Items\Finance17.17.181InfoMemo-2017 Q4 Financial Reprt_LH.docx CITY OF TU KWI LA 4T" QUARTER 2017 FINANCIAL REPORT Highlights Highlights of the General Fund and Contingency (Reserve) Fund Fund Balance General Fund, Contingency Fund Balances 4 The general fund ended 2017 with about $11.8M unreserved _ $12 fund balance, which is $18K higher than 2016 and exceeded 510 budget by $708K (amount excludes the non -spendable fund balance of $937K). Ending fund balance has been trending $6 upward for the last few years and held steady in 2017. While $4 total revenues were less than budget by $2.3M, expenditures were less than budget by $2.7M. Ongoing revenues were 50 below budget by $843K and one-time revenue transferred in General Fund contingenvFund .2015 •2016: 201) from Tukwila Village land sales was $300K, $1.5M less than budgeted — the $1.5M was not needed to cover General Fund contributions to the capital project funds so the funds remained in the Facilities/Urban Renewal fund. The contingency fund ended the year with a fund balance of almost $6.3M, which meets the fund balance policy requirement. The fund balance policy states that fund balance in the general shall equal or exceed 18% of the previous year general fund revenue, exclusive of significant non-operating, non-recurring revenue. Additionally, 10% of one-time revenue from the prior year was transferred in from the general fund, contributing to the $226K increase in ending fund balance. General Fund General Contingency Beginning Fund Balance 11,839,636 6,050,624 Revenues 60,514,326 226,451 Expenditures (60,495,693) - Ending Fund Balance 11,858,269 6,277,075 Revenue and Expenditure Highlights While ongoing revenues were less than total expenditures by $281K, ongoing revenues exceeded department expenditures by $5.2M. Department expenditures were below budget by $2.6M. 14 2015 2016 2017 Ongoing Revenue Compared to Department Expenditures $57.9 $52.0 $59.0 $53.8 $55.0 $0 $60.2 $10 $20 $30 $40 $50 $60 Millions Ongoing Revenue ■ Department Expenditures Revenues — Taxes Sales and Use Tax Combined sales and use taxes, which include natural and criminal justice tax, brought in $18.8M, which is below budget by $1.2M. In 2017, sales tax revenue saw decline of $101K from the prior year. Sales tax is highly sensitive to changes in the local economy and spending patterns. We continue to monitor this revenue source closely. Utility and Gambling Tax $5 ° $4 2 $4 $3 $3 $2 $2 Utility and Gambling Taxes $4.0 $4.0 $4.2 Utility Interfund Utility • 2015 ■ 2016 2017 Gambling & Excise Revenue — Licenses and Permits Revenue Generating Regulatory License Fee (RGRL) brought in $1.8M in revenue; $142K below the 2017 budgeted amount. Building permits and fees were above budget, bringing in $1.9M and were above 2016 revenue by $631K. While the total number of permits issued in 2017 (1,750) was less than 2016 (1,863), the value of the permits was $28.5M higher. Property and Sales Taxes $19.3 $18.9 $20 $18 $16 $14.3 $14.5 $14.9 $14 $12 $10 58 $6 $4 $0 II Property Tax Sales Tax • 2015 • 2016 2017 $1811 gas a Utility taxes were above budget with total revenue at $4.2M, and $57K above budget. Utility tax also exceeded 2016 revenue by $129K. Interfund utility tax revenue was at $2.3M and exceeded budget by $104K. Annual rate increases and maintaining consistent, level consumption has contributed to the increase in interfund utility tax revenue over each of the last few years. Gambling and excise taxes brought in $4M and exceeded budget by $54K. All casinos continued to do well throughout 2017 and exceeded 2016 revenue by $196K. $2.5 $2.0 $1.5 $1.0 $0.5 $0.0 Licenses and Permits RGRL $0.9 $0.8 110.5 I I $1.9 Business License Building Permits ■2015 ■2016 2017 15 Ongoing Expenditures Departmental Departmental expenditures continue to rise each year, the total increase in 2017 was $1.2M over 2016. However, departmental expenditures, in total, were below budget by $2.6M. It should be noted that while all departments came in below budget, the savings is considered one-time. Departmental Expenditures N $8 $7.3 o $7 $6.2 $6.6 $6.6 $6.1 $6.3 2 $6 $5 — I$4 $4.4 $4.4 $4 _ $3..6 $3.9 $3.8 so $3.1 $3.2 $33 $3 $2 $1 H.._ PW/Street Recreation DCD Mayor Support $20 o $18 $16 $14 $12 $10 $8 $6 $4 $2 $0 ■ 2015 ■ 2016 ■ 2017 Departmental Expenditures $16.9 $17.9 $17.0 Police Fire ■2015 ■2016 ■2017 By Category Salaries and benefits were below budget by $1.6M primarily due to vacancies in several departments, especially in the Police Department. Recruitment for police officers has been a challenge for many cities and agencies in the area due to high demand for officers and limited space in the training academy. Other General Fund costs were below budget by $1.1M. Of this amount, $250K savings were realized in fleet operations and maintenance (O&M) costs, with over $100K of the savings coming from lower O&M costs for Fire Department equipment. Other savings were realized from lower claims and judgment costs than budgeted and under -expenditure of budgeted software upgrades. 16 Highlights of the Special Revenue and Debt Service Funds Special Revenue Funds Lodging Tax: Proceeds from a special excise tax on lodging charges are recorded in this fund. The revenue is restricted to expenditures related to tourism. Ending fund balance is $1.1M, which is $227K higher than the 2016 ending fund balance and $219K higher, than budget. Total revenue of $742K is $6.5K above budget. Expenditures were $207K below budget, primarily due to advertising and professional services expenditures being less than anticipated in the budget. Drug Seizure: This fund accounts for seizure money. Any money deposited into this fund must be used for costs related to drug seizure activities. The drug seizure fund ended the year with $227K in fund balance. Expenditures totaled $406K and were for the Alive and Free program, AXON cameras, and other programs related to drug prevention programs. Debt Service Funds In December 2016, the City issued $36.7M in bonds to fund the construction of a justice center, rebuild three fire stations, and provide fire apparatus and equipment for 20 years. Costs associated with these projects are accounted for in the public safety plan fund. The bonds are being repaid over 20 years with a voter -approved excess tax levy. Local Improvement District No. 33 2017 was the fourth year for installment payments related to the Klickitat LID. As of the end of 2017, all assessments were current. The next installment payment is scheduled for October 2018. Highlights of the Capital Projects Funds Residential Street Fund: Total revenue in 2017 was $9.6M, which is $254K above budget. $8.5M of bond proceeds were received against a budget of $5.6M. The City had budgeted $1.9 million in development contributions for undergrounding utilities in the 42nd Ave S and 53rd Ave S sidewalk projects; however, due to the timing of the projects, billing did not begin until 2018. Total expenditures were $4.1M against a budget of $3.6M. Arterial Street Fund: Total revenue in 2017 was $11.8M, which is $2.6M below budget. While revenues were below budget, expenditures were below budget as well. Total expenditures were $12.4M, which is $4.4M below budget. Major projects included in this fund are the TUC Pedestrian/Bicycle Bridge and S 144th St Phase II. 17 Land Acquisition, Rec & Park Development Fund: Total revenue was $1 M, which exceeded budget by $305K. REET came in at $698K, which is $298K above budget. Expenditures were below budget by $2.7M; however, progress continues on the Duwamish Gardens and Duwamish Hill Preserve projects. Facility Replacement Fund: A portion of the City's land, on which the Tukwila Village project is being built, was sold to the Tukwila Village developer bringing in $2.25M in land sale revenue. Additionally, the city earned $12.3K on its investments in 2017. Total expenditures were $354K which includes transfer of previous year land sale revenue to General Fund of $300K. General Government Improvement Fund: Projects completed or underway in 2017 included the 6300 building TIS remodel, siding and roofing repairs at both City Hall and TCC, and additions to City Hall card access. Fire Impact Fees: About $1 M of accumulated fire impact fees were transferred to the Public Safety Plan to fund construction of new fire stations and purchase fire equipment and apparatus. Public Safety Plan Fund: In November 2016, voters approved a $77.4 million bond measure to construct a justice center, rebuild three fire stations and provide fire apparatus and equipment for 20 years. The 2017 ending fund balance of $36.7M represents the sale of the first series of voter approved debt in December of 2016 less $1.6M of expenditures. City Facilities: Limited tax general obligation (LTGO) bonds to finance the purchase of property and construct or rehabilitate Public Works shops facilities were budgeted for issuance in 2017. However, funds were not needed until 2018 so the bond issuance was rescheduled. A $20M bond issue is now planned for July 31, 2018. $7 C ip O v $6 $5 $4 $3 $2 co O n $1 vt oi� $0 11 Street 18 Ending Fund Balance - Capital Projects Funds N Lri r' 4 7 m M II I N N N N N m a v a 1■ •.• Arterial Street Land Acq. Park Facility Gen Gov't Dev. Replacement Improve. 2015 • 2016 ■ 2017 Fire Impact Fees Highlights of the Enterprise Funds Fund Balance The water fund ended 2017 with a $5.7M unreserved fund balance, which is $1M less than 2016 and exceeded budget by $3.7M. Ending fund balance continues to maintain adequate reserves for capital projects. The sewer fund ended 2017 with a $8.7M unreserved fund balance, which is $5.5M, above budget. Unreserved fund balance continues to trend upward to fund future capital projects. $10 $9 3 $8 $7 $6 $5 $4 $3 $2 $1 $0 Unreserved Ending Fund Balance - Enterprise Funds Water o� Sewer Golf Surface Water The golf course ended 2017 with a $602K ■ 2015 ■ 2016 IN 2017 unreserved fund balance. (Fund balance for the golf course is being reported here with a technical accounting adjustment that removes the net pension liability resulting from GASB Statement 68.) The surface water fund ended 2017 with a $3.0M unreserved fund balance, which is $400K higher than 2016 but was below budget by $553K. „, $12 $8 $6 $4 $2 $0 Charges for Services 2015 - 2017 Water Sewer Golf surface Water ■2015 • 2016 ■2017 Revenues Charges for services in the sewer and surface water funds are showing steady increases due to regular rate increases and steady usage. Charges for services remain the main source of funding in all utility funds. Golf course total revenue was $1.6M and is $250K below budget. Transfers into the golf course fund were $300K, which was the same level of general contribution as 2016. Expenses In 2017, the Andover Park E Water/Sewer Main Replacement and Andover Park W Sewer Main Upgrade projects were completed. Additionally, significant work was completed on the CBD Sanitary Sewer Rehabilitation project in the sewer fund. Golf course expenses were $1.7M, which was $158K below budget. 19 Highlights of the Internal Service Funds Fund Balance The equipment rental/replacement fund ended 2017 with a $4.2M unreserved fund balance, which is $215K lower than 2016 and $602K lower than budget. Revenue from O&M department charges was less than anticipated in the budget. The expenditure for fire apparatus was also less than anticipated resulting in a transfer in from the Public Safety Plan that was about $300K below budget. A few items, including a 10 - yard dump truck and 5 police vehicles were not purchased in 2016 and were carried over into 2017. The active employee self-insurance fund ended 2017 with a $1.1M unreserved fund balance, $428K lower than 2016 but $559K above budget. Insurance costs were $6.3M for 2017; an increase of $391K over 2016. The City will continue to monitor trends as insurance costs and recommend changes as needed. The LEOFF I insurance fund ended 2017 with a $700K unreserved fund balance, which is $182K less than 2016 and $172K below budget. 2017 LEOFF I insurance costs were $430K; a $94K decrease from the prior year. H 0 20 $5 $5 $4 $4 $3 $3 $2 $2 $1 $1 $0 Ending Fund Balance — Internal Service Funds $4.5 $4.4 $4.2 Equipment Rental $2.0 $1.5 $0.8 $0.9 $0.7 1 Insurance LEOFF I Insurance ■2015 ■2016 ■2017 CITY OF TU KWI LA 4T" QUARTER 2017 FINANCIAL REPORT General Fund Financial Reports GENERAL FUND CITY OF TUKWILA GENERAL FUND REVENUES Year -End December 31, 2017 SUMMARY BY REVENUE TYPE BUDGET ACTUAL COMPARISON OF RESULTS 2017 ANNUAL 2017 ALLOCATED 2015 2016 2017 OVACTUAL ER/(UNDER) %REC'D % CHANGE ALLOCATED BDGT 2015/2016 2016/2017 PROPERTY TAX 14,906,636 14,906,636 14,323,133 14,494,747 14,857,787 (48,849) 100% 1% 3% SALES TAX 20,026,555 20,026,555 19,334,152 18,908,190 18,807,201 (1,219,354) 94% (2)% (1)% ADMISSIONS TAX 760,000 760,000 687,741 692,417 726,207 (33,793) 96% 1% 5% UTILITY TAX 4,118,053 4,118,053 4,019,288 4,045,916 4,175,013 56,960 101% 1% 3% INTERFUND UTILITY TAX 2,161,000 2,161,000 2,061,098 2,146,515 2,265,747 104,747 105% 4% 6% GAMBLING & EXCISE TAX 3,931,400 3,931,400 2,908,043 3,789,467 3,984,983 53,583 101% 30% 5% TOTAL GENERAL REVENUE 45,903,644 45,903,644 43,333,455 44,077,252 44,816,937 (1,086,707) 98% 2% 2% RGRL 1,900,000 1,900,000 1,867,913 1,809,567 1,757,838 (142,162) 93% (3)% (3)% BUSINESS LICENSES 873,640 873,640 861,484 825,027 828,085 (45,555) 95% (4)% 0% RENTAL HOUSING 45,000 45,000 49,675 45,590 42,300 (2,700) 94% (8)% (7)% BUILDING PERMITS 1,389,600 1,389,600 1,331,097 1,290,894 1,921,964 532,364 138% (3)% 49% TOTAL LICENSES AND PERMITS 4,208,240 4,208,240 4,110,169 3,971,078 4,550,187 341,947 108% (3) % 15% SALES TAX MITIGATION 1,140,000 1,140,000 1,132,568 1,122,040 1,099,090 (40,910) 96% (1)% (2)% FRANCHISE FEE 2,199,500 2,199,500 2,172,395 2,092,358 2,263,353 63,853 103% (4)% 8% GRANT 700,091 700,091 552,874 855,301 907,140 207,049 130% 55% 6% STATE ENTITLEMENTS 416,533 416,533 303,636 373,461 384,458 (32,075) 92% 23% 3% INTERGOVERNMENTAL 588,626 588,626 510,486 548,919 580,614 (8,012) 99% 8% 6% TOTAL INTERGOVERNMENTAL REVENUE 5,044,750 5,044,750 4,671,959 4,992,078 5,234,655 189,905 104% 7% 5% GENERAL GOVERNMENT 35,265 35,265 58,212 41,945 48,628 13,363 138% (28)% 16% SECURITY 685,726 685,726 661,388 779,494 597,227 (88,499) 87% 18% (23)% TRANSPORTATION 109,000 109,000 33,961 50,358 (5,663) (114,663) (5)% 48% (111)% PLAN CHECK AND REVIEW FEES 905,090 905,090 1,088,243 807,276 862,500 (42,590) 95% (26)% 7% CULTURE AND REC FEES 1,038,840 1,038,840 961,048 1,066,885 949,275 (89,565) 91% 11% (11)% TOTAL CHARGES FOR SERVICES 2,773,921 2,773,921 2,802,852 2,745,957 2,451,968 (321,953) 88% (2)% (11)% FINES & PENALTIES 266,829 266,829 248,321 281,624 273,229 6,400 102% 13% (3)% MISC 581,420 581,420 510,043 668,990 608,292 26,872 105% 31% (9)% INDIRECT COST ALLOCATION 2,279,058 2,279,058 2,255,320 2,233,476 2,279,058 - 100% (1)% 2% TOTAL OTHER INCOME 3,127,307 3,127,307 3,013,685 3,184,090 3,160,580 33,273 101% 6% (1)% TOTAL OPERATING REVENUE 61,057,862 61,057,862 57,932,120 58,970,455 60,214,326 (843,536) 99% 2% 2% TRANSFERS IN (TUKWILA VILLAGE) 1,800,000 1,800,000 850,000 - 300,000 (1,500,000) 17% (100)% 0% TOTAL REVENUE 62,857,862 62,857,862 58,782,120 58,970,455 60,514,326 (2,343,536) 96% 0% 3% 22 GENERAL FUND CITY OF TUKWILA GENERAL FUND EXPENDITURES YEAR- END DECEMBER 31, 2017 SUMMARY OF EXPENDITURES BY DEPARTMENT BUDGET ACTUAL COMPARISON OF RESULTS 2017 ANNUAL 2017 ALLOCATED 2015 2016 2017 ACTUAL OVER/(UNDER) EXPENDED % CHANGE ALLOCATED BDGT 2015/2016 2016/2017 01 City Council 396,016 396,016 312,202 327,433 356,375 (39,641) 90% 5% 9% 03 Mayor 4,096,082 4,096,082 3,630,627 3,863,399 3,815,667 (280,415) 93% 6% (1)% 04 Human Resources 706,208 706,208 619,343 647,426 656,847 (49,361) 93% 5% 1% 05 Finance 2,518,813 2,518,813 2,185,415 2,137,628 2,408,087 (110,726) 96% (2)% 13% 06 Attorney 716,955 716,955 591,440 530,725 664,913 (52,042) 93% (10)% 25% 07 Recreation 3,402,859 3,402,859 2,870,724 2,937,733 3,048,617 (354,242) 90% 2% 4% 08 Community Development 3,573,338 3,573,338 3,096,757 3,209,879 3,283,547 (289,791) 92% 4% 2% 09 Municipal Court 1,307,808 1,307,808 1,194,059 1,155,400 1,233,173 (74,635) 94% (3)% 7% 10 Police 18,288,092 18,288,092 16,912,835 17,855,697 17,481,118 (806,974) 96% 6% (2)% 11 Fire 12,262,568 12,262,568 11,724,461 11,554,341 12,066,979 (195,589) 98% (1)% 4% 12 Technology & Innovation Svcs 2,026,820 2,026,820 1,246,259 1,515,832 1,994,956 (31,864) 98% 22% 32% 13 Public Works 3,802,639 3,802,639 3,421,257 3,686,312 3,578,462 (224,177) 94% 8% (3)% 15 Park Maintenance 1,418,760 1,418,760 1,367,462 1,454,172 1,351,422 (67,338) 95% 6% (7)% 16 Street Maintenance & Operations 3,109,592 3,109,592 2,826,851 2,897,968 3,037,318 (72,274) 98% 3% 5% Department Expenditures 57,626,550 57,626,550 51,999,690 53,773,946 54,977,481 (2,649,069) 95% 3% 2% 20 Dept 20 5,586,206 5,586,206 5,560,846 4,759,513 5,518,211 (67,995) 99% (14)% 16% Contingency Fund 138,515 138,515 - 433,682 180,715 42,200 130% - (58)% Residential Streets - - 474,000 200,000 - - - (58)% - Aeterial Streets 1,800,000 1,800,000 1,700,000 751,000 1,800,000 - 100% (56)% 140% Land Acquisition, Rec and Park Acq. 184,000 184,000 - - 122,190 (61,810) 66% - - General Government Improvement 200,000 200,000 200,000 200,000 200,000 - 100% 0% 0% City Facilities Golf Course 210,000 300,000 210,000 300,000 - 300,000 - 300,000 141,854 300,000 (68,146) - 68% 100% - 0% 0% Debt Service 2,753,691 2,753,691 2,886,846 2,874,831 2,773,452 19,761 101% (0) % (4) % Total Expenditures 63,212,756 63,212,756 57,560,536 58,533,459 60,495,693 (2,717,063) 96% 2% 3% Percent of year completed 100.00% 23 GENERAL FUND CITY OF TUKWILA GENERAL FUND EXPENDITURES YEAR-END DECEMBER 31, 2017 SUMMARY OF SALARIES AND BENEFITS BUDGET ACTUAL COMPARISON OF RESULTS 2017 ANNUAL 2017 ALLOCATED 2015 2016 2017 ACTUAL OVER/(UNDER) % EXPENDED % CHANGE ALLOCATED BDGT 2015/2016 2016/2017 11 Salaries 27,803,991 27,803,991 25,724,920 26,300,633 27,163,092 (640,899) 98% 2% 3% 12 Extra Labor 779,436 779,436 631,925 627,034 653,502 (125,934) 84% (1)% 4% 13 Overtime 1,632,035 1,632,035 1,754,484 1,519,183 1,513,455 (118,580) 93% (13)% (0)% 15 Holiday Pay 525,583 525,583 213,405 437,045 455,024 (70,559) 87% 105% 4% 21 FICA 1,808,483 1,808,483 1,652,915 1,696,260 1,750,049 (58,434) 97% 3% 3% 22 Pension-LEOFF2 866,548 866,548 824,630 881,656 930,131 63,583 107% 7% 5% 23 Pension-PERS/PSERS 1,571,586 1,571,586 1,227,888 1,385,867 1,512,991 (58,595) 96% 13% 9% 24 Industrial Insurance 864,194 864,194 629,025 678,200 634,001 (230,193) 73% 8% (7)% 25 Medical & Dental 5,933,094 5,933,094 5,251,282 5,583,572 5,597,627 (335,467) 94% 6% 0% 26 Unemployment 13,000 13,000 6,672 40,380 13,639 639 105% 505% (66)% 28 Uniform/Clothing 10,460 10,460 5,831 5,002 5,300 (5,160) 51% (14)% 6% Total Salaries and Benefits 41,808,410 41,808,410 37,922,976 39,154,830 40,228,812 (1,579,598) 96% 3% 3% Percent of year completed 100.00% SUMMARY OF SUPPLIES, SERVICES, AND CAPITAL BUDGET ACTUAL COMPARISON OF RESULTS 2017 ANNUAL 2017 ALLOCATED 2015 2016 2017 ACTUAL OVER/(UNDER) % EXPENDED 'Y. CHANGE ALLOCATED BDGT 2015/2016 2016/2017 Transfers 5,586,206 5,586,206 5,560,846 4,759,513 5,518,211 (67,995) 99% (14)% 16% 31 Supplies 1,176,241 1,176,241 1,127,164 1,271,622 1,112,172 (64,069) 95% 13% (13)% 34 Items Purchased for resale 22,000 22,000 31,681 22,500 20,530 (1,470) 93% (29)% (9)% 35 Small Tools 99,818 99,818 303,223 108,922 149,000 49,182 149% (64)% 37% 41 Professional Services 3,313,211 3,313,211 2,822,972 2,776,466 3,305,544 (7,667) 100% (2)% 19% 42 Communication 449,970 449,970 342,278 407,499 400,826 (49,144) 89% 19% (2)% 43 Travel 197,380 197,380 139,251 143,012 168,236 (29,144) 85% 3% 18% 44 Advertising 51,500 51,500 29,243 24,222 26,652 (24,848) 52% (17)% 10% 45 Rentals and Leases 2,314,372 2,314,372 2,486,469 1,845,849 2,062,559 (251,813) 89% (26)% 12% 46 Insurance 886,895 886,895 704,347 810,799 888,997 2,102 100% 15% 10% 47 Public Utilities 1,893,570 1,893,570 1,697,398 1,828,751 1,915,730 22,160 101% 8% 5% 48 Repairs and Maintenance 732,613 732,613 699,233 850,278 662,275 (70,338) 90% 22% (22)% 49 Miscellaneous 1,442,773 1,442,773 1,093,377 1,032,246 975,296 (467,477) 68% (6)% (6)% 51 Inter -Governmental 3,003,792 3,003,792 2,403,442 2,698,335 2,940,604 (63,188) 98% 12% 9% 53 Ext Taxes, Oper. Assess 5 5 49 12 985 980 19693% (75)% 7925% 64 Machinery & Equipment 234,000 234,000 196,589 798,601 117,679 (116,321) 50% 306% (85)% Total Supplies, Services, and Capital 21,404,346 21,404,346 19,637,561 19,378,629 20,265,294 (1,139,052) 95% (1)% 5% Percent of year completed 24 100.00% CITY OF TU KWI LA 4T" QUARTER 2017 FINANCIAL REPORT Other Funds Financial Reports City of Tukwila Contingency Fund 105 - Revenue and Expenditures As of December 31 2017 of year expired 100.00% 2017 Annual Actual % of Annual Budget Year -To -Date Variance ** Budget Revenue Miscellaneous Revenue Investment Earnings $ 20,000 $ 45,736 $ 25,736 228.68% Total Miscellaneous Revenue 20,000 45,736 25,736 228.68% Transfers In Total Revenue Total Expenditures Change in Fund Balance Beginning Fund Balance 138,515 180,715 42,200 130.47% 158,515 226,451 67,936 142.86% 158,515 5,716,048 226,451 6,050,624 67,936 334,576 142.86% 105.85% Ending Fund Balance $ 5,874,563 $ 6,277,075 $ 402,512 106.85% Cash and investments $ 6,265,198 ** Variance = Actual over (under) annual budget Fund 105 26 City of Tukwila Hotel/Motel Tax Fund 101 - Revenue and Expenditures As of December 31 2017 % of year expired 100.00% 2017 Annual Actual % of Annual Budget Year -To -Date Variance** Budget Revenue General Revenue Hotel/Motel Taxes Total General Revenue Miscellaneous Revenue Investment Earnings $ 733,000 $ 736,784 $ 3,784 733,000 736,784 3,784 3,000 5,695 100.52% 100.52% 2,695 189.83% Total Revenue 736,000 742,479 6,479 100.88% Expenditures 31 Office & Operating Supplies 5,000 74 (4,926) 1.49% 41 Professional Services 537,500 460,337 (77,163) 85.64% 42 Communication - (6,393) (6,393) Transfers Out 10,000 343 (9,657) 3.43% 44 Advertising 114,300 15,345 (98,955) 13.43% 49 Miscellaneous 20,000 9,856 (10,144) 49.28% Total Hotel/Motel Tax Fund 686,800 479,562 (207,238) 69.83% Indirect cost allocation 35,700 35,700 - 100.00% Total Expenditures 722,500 515,262 (207,238) Change in Fund Balance 13,500 Beginning Fund Balance 906,875 71.32% 227,217 213,717 1683.09% 912,558 5,683 100.63% Ending Fund Balance $ 920,375 $ 1,139,775 $ 219,400 123.84% Cash and investments $ 1,323,528 ** Variance = Actual over (under) annual budget Fund 101 27 City of Tukwila Drug Seizure Fund 109 - Revenue and Expenditures As of December 31 2017 of year expired 100.00% 2017 Annual Actual % of Annual Budget Year -To -Date Variance ** Budget Revenue Miscellaneous Revenue Investment Earnings Seizure Revenue Total Miscellaneous Revenue 60,000 $ 72 $ 72 79,930 19,930 60,000 80,002 133.22% 20,002 133.34% Total Revenue 60,000 80,002 20,002 133.34% Expenditures 31 Office & Operating Supplies 99,000 77,128 (21,872) 77.91% 35 Small Tools & Minor Equipment 67,000 50,818 (16,182) 75.85% 41 Professional Services 201,000 187,109 (13,891) 93.09% 42 Communication 3,000 1,307 (1,693) 43.55% 43 Travel 33,000 26,731 (6,269) 81.00% 45 Operating Rentals & Leases 5,000 2,290 (2,710) 45.80% 48 Repairs & Maintenance 2,000 4,962 2,962 248.10% 49 Miscellaneous 15,000 15,912 912 106.08% 64 Capital Outlay - 39,969 39,969 - Total Drug Seizure Fund 425,000 406,225 (18,775) 95.58% Total Expenditures 425,000 406,225 (18,775) 95.58% Change in Fund Balance Beginning Fund Balance (365,000) 461,635 (326,223) 553,539 38,777 91,904 89.38% 119.91% Ending Fund Balance $ 96,635 $ 227,316 $ 130,681 235.23% Cash and investments $ 230,616 ** Variance = Actual over (under) annual budget Fund 109 28 City of Tukwila Debt Service Funds 2XX - Revenue and Expenditures As of December 31 2017 (Excludes LID & Guaranty Fund and UTGO Fund) of year expired 100.00% 2017 Annual Actual % of Annual Budget Year -To -Date Variance ** Budget Revenue Build America Bonds Tax Credit $ 61,667 $ 57,504 $ (4,163) 93.25% Note Proceeds - LOC Refunding 2,350,000 2,276,000 (74,000) 96.85% Capital Contributions (SCORE) 427,461 (427,461) - Transfers In 2,773,452 2,773,452 (0) 100.00% Total Revenue 5,612,580 5,106,956 (505,624) 90.99% Expenditures 80 Debt Service Principal 81 Debt Service Interest/Misc Fees 4,502,029 1,110,551 4,241,428 872,288 (260,601) (238,263) 94.21% 78.55% Total Expenditures 5,612,580 5,113,716 (498,864) 91.11% Change in Fund Balance Beginning Fund Balance 168,475 (6,760) (6,760) 394,626 226,151 234.23% Ending Fund Balance $ 168,475 $ 387,866 $ 219,391 230.22% Cash and investments $ 387,865 ** Variance = Actual over (under) annual budget Fund 2XX 29 City of Tukwila Debt Service UTGO - Revenue and Expenditures As of December 31 2017 (Excludes LID & Guaranty Fund) of year expired 100.00% 2017 Annual Actual % of Annual Budget Year -To -Date Variance ** Budget Revenue General Revenue Property Taxes $ 2,699,000 $ 2,674,622 $ (24,378) 99.10% Total Revenue 2,699,000 2,674,622 (24,378) 99.10% Expenditures 80 Debt Service Principal 1,115,000 1,115,000 100.00% 81 Debt Service Interest/Misc Fees 1,496,709 1,496,709 (0) 100.00% Total Debt Service Funds 2,611,709 2,611,709 (0) 100.00% Transfers Among Debt Service Funds Total Expenditures Change in Fund Balance Beginning Fund Balance 2,611,709 2,611,709 (0) 100.00% 87,291 62,913 (24,378) 72.07% Ending Fund Balance $ 87,291 $ 62,913 $ (24,378) 72.07% Cash and investments $ 48,218 ** Variance = Actual over (under) annual budget Fund 213 UTGO 30 City of Tukwila Debt Service LID, Gurananty Funds - Revenue and Expenditures As of December 31 2017 % of year expired 100.00% 2017 Annual Actual % of Annual Budget Year -To -Date Variance ** Budget Revenue Miscellaneous Revenue Misc Revenue LID Assessment Interest LID Assessment Principal Total Miscellaneous Revenue 294,018 408,593 1,511 240,790 478,838 702,611 721,139 1,511 (53,228) 70,245 81.90% 117.19% 18,528 102.64% Total Revenue 702,611 721,139 18,528 102.64% Expenditures 80 Debt Service Principal 596,000 607,500 11,500 101.93% 81 Debt Service Interest/Misc Fees 271,830 259,939 (11,891) 95.63% Total Debt Service Funds 867,830 867,439 (391) 99.95% Transfers Among Debt Service Funds - Total Expenditures Change in Fund Balance Beginning Fund Balance 867,830 867,439 (391) 99.95% (165,219) (146,300) 18,919 88.55% 1,567,915 1,567,870 (45) 100.00% Ending Fund Balance $ 1,402,696 $ 1,421,570 $ 18,874 101.35% Cash and investments $ 1,419,436 **Variance=Actual over (under) annual budget Fund LID&GRNTY 31 City of Tukwila Street Fund 103 - Revenue and Expenditures As of December 31 2017 % of year expired 100.00% 2017 Annual Actual % of Annual Budget Year -To -Date Variance ** Budget Revenue Intergovernmental Revenue State Grant -Cascade View Total Intergovernmental Revenue Miscellaneous Revenue Investment Earnings Plan/Development Contributions Total Miscellaneous Revenue Bond proceeds $ 1,894,000 $ 1,074,670 $ (819,330) 56.74% 1,894,000 1,074,670 1,500 1,902,000 40,239 1,903,500 40,239 (819,330) 56.74% 38,739 (1,902,000) 2682.59% (1,863,261) 2.11% 5,600,000 8,536,839 2,936,839 152.44% Total Revenue 9,397,500 9,651,747 254,247 102.71% Expenditures 11 Salaries - 130,949 130,949 - 21 FICA - 9,956 9,956 - 23 PERS 15,817 15,817 24 Industrial Insurance 1,765 1,765 25 Medical, Dental, Life, Optical 20,904 20,904 41 Professional Services 75,000 512,382 437,382 683.18% 64 Capital Outlay 3,478,000 3,312,745 (165,255) 95.25% 81 Debt Service Costs - 133,938 133,938 - Total Streets Fund 3,553,000 4,138,869 585,869 116.49% Indirect cost allocation Total Expenditures 3,553,000 4,138,869 585,869 116.49% Change in Fund Balance Beginning Fund Balance 5,844,500 833,331 5,512,878 658,932 (331,622) (174,399) 94.33% 79.07% Ending Fund Balance $ 6,677,831 $ 6,171,810 $ (506,021) 92.42% Cash and investments $ 6,759,981 ** Variance = Actual over (under) annual budget Fund 103 32 City of Tukwila Arterial Street Fund 104 - Revenue and Expenditures As of December 31 2017 % of year expired 100.00% 2017 Annual Actual % of Annual Budget Year -To -Date Variance ** Budget Revenue General Revenue Parking Taxes MVFT Cities Real Estate Excise Taxes Total General Revenue Charges for Services Park Impact Fees SLC Undergrounding Traffic Impact Fees Total Charges for Services $ 200,000 $ 214,493 $ 14,493 107.25% 128,000 136,262 8,262 106.45% 400,000 697,839 297,839 174.46% 728,000 1,048,595 320,595 144.04% 600,000 296,425 (303,575) 49.40% 1,159,805 1,159,805 - 321,000 269,019 (51,981) 83.81% 921,000 1,725,249 804,249 187.32% Intergovernmental Revenue Dept of Transportation -Tukwila 3,186,000 2,471,714 (714,286) 77.58% Boeing Access Bridge 177,000 269,512 92,512 152.27% Fed Trnst Cap Inv Grnts-Trnst 118,000 (118,000) - WSDOT Reg Mobility Grant-Bridg 4,289,000 1,978,113 (2,310,887) 46.12% State Grant -S 144th (TIB 43rd) 964,000 857,564 (106,436) 88.96% State Grant-APW 1,173,000 (1,173,000) State Grant-Interurb Ave S Stat - 967,157 967,157 Multimodal Transportation -City - 6,574 6,574 Total Intergovernmental Revenue 9,907,000 6,550,634 (3,356,366) 66.12% Miscellaneous Revenue Investment Earnings 5,000 16,910 11,910 338.20% Contributions/Donations 1,037,000 701,034 (335,966) 67.60% Total Miscellaneous Revenue 1,042,000 717,944 (324,057) 68.90% Transfer In 1,800,000 1,800,000 - 100.00% Total Revenue 14,398,000 11,842,421 (2,555,579) 82.25% Expenditures 11 Salaries 332,953 406,020 73,067 121.94% 13 Overtime - 2,622 2,622 - 21 FICA 25,232 30,778 5,546 121.98% 23 PERS 39,971 48,560 8,589 121.49% 24 Industrial Insurance 5,821 5,360 (461) 92.07% 25 Medical, Dental, Life, Optical 32,602 52,607 20,005 161.36% T 31 Office & Operating Supplies - 410 410 - 41 Professional Services 1,380,000 868,629 (511,371) 62.94% 43 Travel - 115 115 44 Advertising - 644 644 47 Public Utility Services - 2,509 2,509 48 Repairs & Maintenance 5,176,000 1,856,986 (3,319,014) 35.88% 49 Miscellaneous - 1,490 1,490 64 Capital Outlay 9,845,000 9,128,632 (716,368) 92.72% Total Arterial Streets 104 16,837,579 12,405,360 (4,432,219) 73.68% Total Expenditures 16,837,579 12,405,360 (4,432,219) 73.68% Change in Fund Balance (2,439,579) (562,939) 1,876,640 23.08% Beginning Fund Balance 3,786,923 3,999,376 212,453 105.61% Ending Fund Balance $ 1,347,344 $ 3,436,437 $ 2,089,093 255.05% Cash and investments $ 2,619,817 ** Variance = Actual over (under) annual budget Fund 104 33 City of Tukwila Land Acquisition, Rec and Park Development Fund 301 - Revenue and Expenditures As of December 31 2017 °A. of year expired 100.00% 2017 Annual Actual % of Annual Budget Year -To -Date Variance ** Budget Revenue General Revenue Excess Prop Tax Levy-Dwmsh Hill $ Real Estate Excise Taxes Total General Revenue Intergovernmental Revenue Duwamish Gardens Acquisition King Conservation District Gant State Agencies-Duwamish Hill Pres Total Intergovernmental Revenue Miscellaneous Revenue Investment Earnings Transfers In Total Revenue $ 58,908 $ 58,908 400,000 697,840 297,840 174.46% 400,000 756,747 356,747 189.19% 13,436 13,436 49,559 49,559 131,000 - (131,000) 131,000 62,995 (68,005) 48.09% 1,000 16,735 15,735 1673.53% 184,000 184,500 500 100.27% 716,000 1,020,978 304,978 142.59% Expenditures 11 Salaries - 15,539 15,539 12 Extra Labor 2,124 2,124 13 Overtime - 1,256 1,256 21 FICA 1,434 1,434 23 PERS 2,100 2,100 24 Industrial Insurance 596 596 25 Medical, Dental, Life, Optical 4,170 4,170 31 Office & Operating Supplies - 52,546 52,546 41 Professional Services 185,000 205,728 20,728 111.20% 42 Communication - 29 29 43 Travel 36 36 44 Advertising 21 21 45 Operating Rentals & Leases 2,554 2,554 47 Public Utility Services 1,850 1,850 48 Repairs & Maintenance - 101,582 101,582 64 Capital Outlay 2,954,000 82,748 (2,871,252) 2.80% Total Park Acquisition Fund 3,139,000 474,312 (2,664,688) 15.11% Total Expenditures 3,139,000 474,312 (2,664,688) 15.11% Change in Fund Balance Beginning Fund Balance (2,423,000) 2,713,123 546,665 2,969,665 3,352,113 638,990 -22.56% 123.55% Ending Fund Balance $ 290,123 3,898,778 $ 3,608,655 1343.84% Cash and investments $ 3,945,978 ** Variance = Actual over (under) annual budget Fund 301 34 City of Tukwila Facility Replacement Fund 302 - Revenue and Expenditures As of December 31 2017 of year expired 100.00% 2017 Annual Actual % of Annual Budget Year -To -Date Variance ** Budget Revenue Miscellaneous Revenue Investment Earnings $ 3,600 $ 12,252 $ 8,652 340.33% Total Miscellaneous Revenue 3,600 12,252 8,652 340.33% Sale of Capital Assets (Property) 3,233,000 2,252,000 (981,000) 69.66% Total Revenue 3,236,600 2,264,252 (972,348) 69.96% Expenditures 11 Salaries 41 Professional Services 47 Public Utility Services 49 Miscellaneous 64 Capital Outlay Total Expenditures 25,000 35,000 38,121 13,121 10,482 10,482 5,521 5,521 (35,000) 60,000 54,124 Transfer to General Fund 1,800,000 152.48% (5,876) 90.21% 300,000 (1,500,000) 16.67% Total Expenditures 1,860,000 354,124 (1,505,876) 19.04% Change in Fund Balance Beginning Fund Balance 1,376,600 370,706 1,910,128 295,040 533,528 (75,666) 138.76% 79.59% Ending Fund Balance $ 1,747,306 $ 2,205,168 $ 457,862 126.20% Cash and investments $ 2,290,732 ** Variance = Actual over (under) annual budget Fund 302 35 City of Tukwila General Government Improvements 303 - Revenue and Expenditures As of December 31 2017 % of year expired 100.00% 2017 Annual Actual % of Annual Budget Year -To -Date Variance ** Budget Revenue Miscellaneous Revenue Investment Earnings $ 500 $ 2,487 $ 1,987 497.44% Total Miscellaneous Revenue 500 2,487 1,987 497.44% Transfers In 200,000 200,000 100.00% Total Revenue 200,500 202,487 1,987 100.99% Expenditures 11 Salaries 105,085 48,417 (56,668) 46.07% 13 Overtime 790 790 21 FICA 8,039 3,619 (4,420) 45.01% 23 PERS 12,615 5,615 (7,000) 44.51% 24 Industrial Insurance 2,734 748 (1,986) 27.38% 25 Medical, Dental, Life, Optical 12,321 8,123 (4,198) 65.93% 41 Professional Services 20,000 1,680 (18,320) 8.40% 48 Repairs & Maintenance 114,357 114,357 - 64 Capital Outlay 130,000 42,241 (87,759) 32.49% Total Gen Government Improve 290,794 225,589 (65,205) 77.58% Transfers Out Total Expenditures 290,794 225,589 (65,205) 77.58% Change in Fund Balance Beginning Fund Balance (90,294) 334,349 (23,102) 391,903 67,192 57,554 25.59% 117.21% Ending Fund Balance $ 244,055 $ 368,801 $ 124,746 151.11% Cash and investments $ 378,323 ** Variance = Actual over (under) annual budget Fund 303 36 City of Tukwila Fire Impact Fees 304 - Revenue and Expenditures As of December 31 2017 % of year expired 100.00% 2017 Annual Actual % of Annual Budget Year -To -Date Variance ** Budget Revenue Charges for Services Fire Impact Fees Total Charges for Services Investment Earnings Total Miscellaneous Revenue $ 32,000 $ 285,075 $ 253,075 890.86% 32,000 285,075 100 100 2,617 2,617 253,075 890.86% 2,517 2617.34% 2,517 2617.34% Total Revenue 32,100 287,693 255,593 896.24% Transfers Out Total Expenditures Change in Fund Balance Beginning Fund Balance 1,017,000 1,017,000 - 100.00% 1,017,000 1,017,000 100.00% (984,900) 645,631 (729,307) 736,518 255,593 90,887 74.05% 114.08% Ending Fund Balance $ (339,269) $ 7,211 $ 346,480 -2.13% Cash and investments $ 7,210 ** Variance = Actual over (under) annual budget Fund 304 37 City of Tukwila Public Safety Plan 305 - Revenue and Expenditures As of December 31 2017 of year expired 100.00% 2017 Annual Budget Actual Year -To -Date Variance ** % of Annual Budget Revenue General Revenue: Mitigation Fees (Tukwila South) Miscellaneous Revenue Investment Earnings Bond proceeds Total Miscellaneous Revenue Transfers In $ 500,000 $ 500,000 $ 23,343,000 23,343,000 1,017,000 258,283 258,283 (23,343,000) 258,283 (23,084,717) 1,017,000 100.00% 100.00% Total Revenue 24,860,000 1,775,283 (23,084,717) 7.14% Expenditures 35 Small Tools & Minor Equipment 41 Professional Services 64 Capital Outlay Total Gen Government Improve Transfers Out Total Expenditures 2,588,000 11,139,000 13,727,000 403,948 998,969 403,948 (2,588,000) (10,140,031) 1,402,917 (12,324,083) 460,000 160,573 (299,427) 8.97% 10.22% 34.91% 14,187,000 1,563,490 (12,623,510) 11.02% Change in Fund Balance Beginning Fund Balance 10,673,000 211,793 (10,461,207) 36,513,127 36,513,127 1.98% Ending Fund Balance $ 10,673,000 $ 36,724,920 $ 26,051,920 344.09% Cash and investments $ 37,034,862 ** Variance = Actual over (under) annual budget Fund 305 38 City of Tukwila City Facilities 306 - Revenue and Expenditures As of December 31 2017 of year expired 100.00% hi 2017 Annual Actual % of Annual Budget Year -To -Date Variance ** Budget Revenue Miscellaneous Revenue Bond proceeds $ 6,150,000 $ $ (6,150,000) - Total Miscellaneous Revenue 6,150,000 - (6,150,000) Transfers In 420,000 283,709 (136,291) 67.55% Total Revenue 6,570,000 283,709 (6,286,291) 4.32% Expenditures 41 Professional Services 64 Capital Outlay Total Gen Government Improve 150,000 6,000,000 283,709 6,150,000 283,709 (150,000) (5,716,291) 4.73% (5,866,291) 4.61% Total Expenditures 6,150,000 283,709 (5,866,291) 4.61% Change in Fund Balance 420,000 Beginning Fund Balance (420,000) - Ending Fund Balance $ 420,000 $ $ (420,000) Cash and investments $ 69,960 ** Variance = Actual over (under) annual budget Fund 306 39 City of Tukwila Water Fund 401 - Revenue and Expenditures As of December 31 2017 % of year expired 100.00% 2017 Annual Budget Actual Year -To -Date Variance ** % of Annual Budget Revenue Charges for Services Water Sales Security Total Charges for Services Miscellaneous Revenue Investment Earnings Connection Fees Other Misc Revenue Total Miscellaneous Revenue Sale of Capital Assets Total Revenue Operating Expenses 11 Salaries 12 Extra Labor 13 Overtime 21 FICA 23 PERS 24 Industrial Insurance 25 Medical, Dental, Life, Optical 28 Uniform Clothing 31 Office & Operating Supplies 33 Water Purchased for Resale 35 Small Tools & Minor Equipment 41 Professional Services 42 Communication 43 Travel 45 Operating Rentals & Leases 46 Insurance 47 Public Utility Services 48 Repairs & Maintenance 49 Miscellaneous 53 Excise Taxes 54 Interfund utility taxes Total Operating Expenses Capital Expenses 64 Capital Outlay 80 Debt Service Principal 81 Debt Service Interest Total Capital Expenses Indirect cost allocation Total Expenses Change in Fund Balance Beginning Fund Balance Ending Fund Balance $ 6,858,000 1,000 6,859,000 $ 6,774,040 345 6,774,385 $ (83,959.61) 98.78% (655) 34.50% (84,615) 98.77% 21,000 62,912 41,912 299.58% 25,000 216,339 191,339 865.35% - 3,969 3,969 - 46,000 283,220 237,220 615.70% 4 4 - 6,905,000 7,057,609 152,609 102.21% 589,968 4,000 7,000 45,855 70,837 20,507 119,295 1,330 144,300 2,610,000 11,000 9,500 2,500 1,500 183,381 14,853 24,400 17,096 37,000 280,000 688,000 4,882,322 3,195,000 132,334 15,881 3,343,215 686,053 551,480 (38,488) 93.48% (4,000) - 5,852 (1,148) 83.60% 43,141 (2,714) 94.08% 51,800 (19,037) 73.13% 13,935 (6,572) 67.95% 119,868 573 100.48% 1,278 (52) 96.06% 120,724 (23,576) 83.66% 2,909,215 299,215 111.46% 1,813 (9,187) 16.48% 52,465 42,965 552.26% 2,001 (500) 80.02% 923 (577) 61.56% 209,112 25,731 114.03% 14,853 100.00% 19,417 (4,983) 79.58% 173,870 156,774 1017.02% 62,810 25,810 169.76% 302,017 22,017 107.86% 677,221 (10,779) 98.43% 5,333,794 451,472 109.25% 1,926,517 (1,268,483) 60.30% 132,333 (1) 100.00% 14,066 (1,815) 88.57% 2,072,917 (1,270,298) 62.00% 685,988 (65) 99.99% 8,911,590 8,092,699 (818,892) 90.81% (2,006,590) 4,178,561 (1,035,089) 6,692,750 971,501 51.58% 2,514,189 160.17% $ 2,171,971 $ 5,657,661 $ 3,485,690 260.49% Cash and investments ** Variance = Actual over (under) annual budget 40 $ 6,159,007 Fund 401 City of Tukwila Sewer Fund 402 - Revenue and Expenditures As of December 31 2017 % of year expired 100.00% 2017 Annual Budget Actual Year -To -Date Variance ** % of Annual Budget Revenue Charges for Services Sewer Sales Total Charges for Services Miscellaneous Revenue Investment Earnings Connection fees Total Miscellaneous Revenue $ 8,524,000 8,524,000 25,000 125,000 150,000 $ 9,706,584 9,706,584 33,110 327,675 360,785 $ 1,182,584 1,182,584 8,110 202,675 210,785 113.87% 113.87% 132.44% 262.14% 240.52% Total Revenue 8,674,000 10,067,369 1,393,369 116.06% Operating Expenses 11 Salaries 13 Overtime 21 FICA 23 PERS 24 Industrial Insurance 25 Medical, Dental, Life, Optical 28 Uniform Clothing 31 Office & Operating Supplies 33 Metro Sewage Treatment 35 Small Tools & Minor Equipment 41 Professional Services 42 Communication 43 Travel 44 Advertising 45 Operating Rentals & Leases 46 Insurance 47 Public Utility Services 48 Repairs & Maintenance 49 Miscellaneous 53 Excise Taxes 54 Interfund utility tax Transfers Out Capital Expenses 64 Capital Outlay 80 Debt Service Principal 81 Debt Service Interest Total Capital Expenses Indirect cost allocation Total Expenses Change in Fund Balance Beginning Fund Balance 355,341 4,442 27,483 42,668 12,304 71,620 570 21,600 4,200,000 2,500 2,600 2,500 2,000 150 103,926 4,952 38,000 49,000 55,000 135,000 855,000 5,986,656 4,353,500 322,271 36,794 4,712,565 539,302 11,238,523 (2,564,523) 9,009,091 342,703 (12,638) 96.44% 4,356 (86) 98.07% 24,422 (3,061) 88.86% (32,112) (74,780) -75.26% 7,421 (4,883) 60.31% 80,985 9,365 113.08% 387 (183) 67.89% 16,105 (5,495) 74.56% 4,545,957 345,957 108.24% 1,435 (1,065) 57.40% 113,234 110,634 4355.17% 600 (1,900) 24.01% 2,076 76 103.80% 858 708 571.96% 58,516 (45,410) 56.31% 4,952 - 100.00% 34,997 (3,003) 92.10% 426,610 377,610 870.63% 62,851 7,851 114.27% 136,301 1,301 100.96% 971,689 116,689 113.65% 6,804,343 817,687 113.66% 1,473,226 (2,880,274) 33.84% 322,271 (0) 100.00% 35,941 (853) 97.68% 1,831,438 (2,881,127) 38.86% 543,787 4,485 100.83% 9,179,567 (2,058,956) 81.68% 887,801 3,452,324 -34.62% 7,826,985 (1,182,106) 86.88% Ending Fund Balance $ 6,444,568 8,714,786 $ 2,270,218 135.23% Cash and investments $ 7,846,206 ** Variance = Actual over (under) annual budget Fund 402 41 City of Tukwila Foster Golf Course 411- Revenue and Expenditures As of December 31 2017 % of year expired 100.00% 2017 Annual Actual % of Annual Budget Year -To -Date Variance ** Budget Revenue General Revenue Excise Taxes Total General Revenue Charges for Services Sale of Merchandise Greens Fees, Instruction Total Charges for Services Miscellaneous Revenue Investment Earnings Rents and Concessions Other Misc Revenue Total Miscellaneous Revenue Transfers In $ 3,900 $ 2,830 $ (1,070) 72.58% 3,900 2,830 (1,070) 72.58% 151,000 123,295 (27,705) 81.65% 1,095,650 910,461 (185,189) 83.10% 1,246,650 1,033,756 (212,894) 82.92% 1,000 4,380 3,380 438.00% 306,000 264,892 (41,108) 86.57% 7,000 # 8,012 1,012 114.45% 314,000 277,284 (36,716) 88.31% 300,000 300,000 - 100.00% Total Revenue 1,864,550 1,613,871 (250,679) 86.56% Expenses 11 Salaries 603,021 558,579 (44,442) 92.63% 12 Extra Labor 112,000 107,044 (4,956) 95.58% 13 Overtime 2,040 1,612 (428) 79.01% 21 FICA 55,680 49,820 (5,860) 89.48% 23 PERS 75,399 (3,585) (78,984) -4.75% 24 Industrial Insurance 26,475 21,488 (4,987) 81.16% 25 Medical, Dental, Life, Optical 141,258 135,910 (5,348) 96.21% 26 Unemployment Compensation 6,120 1,438 (4,682) 23.50% 28 Uniform Clothing 1,187 763 (424) 64.27% 31 Office & Operating Supplies 102,815 111,832 9,017 108.77% 34 Items Purchased for Resale 96,600 82,730 (13,870) 85.64% 35 Small Tools & Minor Equipment 4,000 9,564 5,564 239.11% 41 Professional Services 9,400 3,575 (5,825) 38.03% 42 Communication 5,671 5,804 133 102.35% 43 Travel 500 12 (488) 2.40% 44 Advertising 4,000 5,461 1,461 136.52% 45 Operating Rentals & Leases 146,160 137,272 (8,888) 93.92% 46 Insurance 20,424 20,424 100.00% 47 Public Utility Services 63,400 63,872 472 100.74% 48 Repairs & Maintenance 39,000 70,963 31,963 181.96% 49 Miscellaneous 38,500 51,158 12,658 132.88% 53 Excise Taxes 6,400 5,781 (619) 90.33% 54 Interfund admissions tax 60,000 53,566 (6,434) 89.28% 64 Capital Outlay 50,000 16,043 (33,957) 32.09% Total Foster Golf Course Fund 1,670,050 1,511,127 (158,923) 90.48% Indirect cost allocation 180,899 181,399 500 100.28% Total Expenses 1,850,949 1,692,526 (158,423) 91.44% Change in Fund Balance 13,601 (b) (78,655) (a) (92,256) -578.30% Beginning Fund Balance 23,174 (b) 680,924 (a) 657,750 2938.31% Ending Fund Balance $ 36,775 (b) $ 602,269 (a) $ 565,494 1637.71% Cash and investments $ 635,535 (a) Effects of GASB 68 have been eliminated from balances for purposes of analysis. (b) Budget includes the effect of GASB 68. ** Variance = Actual over (under) annual budget Fund 411 42 City of Tukwila Surface Water Fund 412 - Revenue and Expenditures As of December 31 2017 % of year expired 100.00% 2017 Actual Annual Annual Budget Year -To -Date Variance ** Budget Revenue Charges for Services Surface Water Sales Total Charges for Services Intergovernmental Revenue $ 6,133,000 $ 6,147,930 $ 14,930 100.24% 6,133,000 6,147,930 14,930 100.24% 1,256,000 193,815 (1,062,185) 15.43% Miscellaneous Revenue Investment Earnings 24,000 52,938 Capital contributions - 104,998 Other Misc Revenue - 160 Total Miscellaneous Revenue 24,000 158,097 Sale of Capital Assets - (440) 28,938 104,998 160 220.58% 134,097 658.74% (440) Total Revenue 7,413,000 6,499,402 (913,598) 87.68% Operating Expenses 11 Salaries 1,007,855 891,404 (116,451) 88.45% 12 Extra Labor 8,000 2,520 (5,480) 31.50% 13 Overtime 9,000 7,805 (1,195) 86.72% 21 FICA 78,048 66,886 (11,162) 85.70% 23 PERS 121,038 (36,172) (157,210) -29.88% 24 Industrial Insurance 31,798 19,517 (12,281) 61.38% 25 Medical, Dental, Life, Optical 236,299 200,237 (36,062) 84.74% 28 Uniform Clothing 1,425 1,476 51 103.58% 31 Office & Operating Supplies 41,500 41,271 (229) 99.45% 35 Small Tools & Minor Equipment 5,000 2,086 (2,914) 41.71% 41 Professional Services 3,600 246,565 242,965 6849.02% 42 Communication 2,000 1,796 (204) 89.80% 43 Travel 2,000 1,409 (591) 70.46% 44 Advertising 500 650 150 130.00% 45 Operating Rentals & Leases 332,620 335,930 3,310 101.00% 46 Insurance 22,279 22,278 (1) 100.00% 47 Public Utility Services 107,000 34,050 (72,950) 31.82% 48 Repairs & Maintenance 36,572 40,255 3,683 110.07% 49 Miscellaneous 23,500 28,260 4,760 120.26% 53 Excise Taxes 50,000 71,736 21,736 143.47% 54 Interfund utility tax 618,000 616,836 (1,164) 99.81% Total Operating Expenses 2,738,034 2,596,794 (141,240) 94.84% Capital Expenses 64 Capital Outlay 4,573,500 2,565,907 (2,007,593) 56.10% 80 Debt Service Principal 288,148 288,146 (2) 100.00% 81 Debt Service Interest 15,659 14,841 (818) 94.77% Total Capital Expenses 4,877,307 2,868,894 (2,008,413) 58.82% Indirect Cost Allocation 588,528 577,773 (10,755) 98.17% Total Expenses 8,203,869 6,043,461 (2,160,408) 73.67% Change in Fund Balance (790,869) 455,941 1,246,810 57.65% Beginning Fund Balance 4,273,828 2,602,903 (1,670,925) 60.90% Ending Fund Balance $ 3,482,959 $ 3,058,844 $ (424,115) 87.82% Cash and investments $ 4,284,100 ** Variance = Actual over (under) annual budget Fund 412 43 City of Tukwila Equipment Rental/Replacement Fund 501 As of December 31 2017 Revenue and Expenditures % of year expired 100.00% 2017 Annual Actual % of Annual Budget Year -To -Date Variance ** Budget Revenue Charges for Services ERR O&M Dept Charges $ 1,946,304 $ 1,687,068 $ (259,236) 86.68% Equipment Replacement Charges 690,596 690,596 0 100.00% Transportation 150 - (150) - Total Charges for Services 2,637,050 2,377,664 (259,386) 90.16% Miscellaneous Revenue Investment Earnings 14,269 45,818 31,549 321.10% Other Misc Revenue - 300 300 Total Miscellaneous Revenue 14,269 46,119 31,850 323.21% Sale of Capital Assets Transfers In 30,000 100,509 70,509 460,000 160,573 (299,427) 335.03% 34.91% Total Revenue 3,141,319 2,684,865 (456,454) 85.47% Expenses 11 Salaries 384,003 382,120 (1,883) 99.51% 12 Extra Labor 15,000 8,736 (6,264) 58.24% 13 Overtime 1,858 - (1,858) - 21 FICA 30,344 28,933 (1,411) 95.35% 23 PERS 46,100 9,549 (36,551) 20.71% 24 Industrial Insurance 14,851 10,035 (4,816) 67.57% 25 Medical, Dental, Life, Optical 99,899 99,451 (448) 99.55% 28 Uniform Clothing 950 868 (82) 91.40% 31 Office & Operating Supplies 3,000 5,150 2,150 171.65% 34 Items Purchased for Resale 750,000 558,047 (191,953) 74.41% 35 Small Tools & Minor Equipment 5,000 4,061 (939) 81.22% 41 Professional Services 1,750 4,009 2,259 229.10% 42 Communication 2,000 1,370 (630) 68.52% 43 Travel 1,500 474 (1,026) 31.60% 45 Operating Rentals & Leases 77,227 80,107 2,880 103.73% 46 Insurance 65,574 66,567 993 101.51% 48 Repairs & Maintenance 120,000 53,585 (66,415) 44.65% 49 Miscellaneous 12,000 13,494 1,494 112.45% 53 Ext Taxes & Operating Assessmei - 1 1 - 64 Capital Outlay 1,999,000 1,250,161 (748,839) 62.54% Total Equipment Rental Fund 3,630,056 2,576,719 (1,053,337) 70.98% Indirect Cost Allocation 322,910 322,910 100.00% Total Expenses 3,952,966 2,899,629 (1,053,337) 73.35% Change in Fund Balance Beginning Fund Balance (811,647) (214,764) 596,883 5,592,380 4,393,334 (1,199,046) 26.46% 78.56% Ending Fund Balance $ 4,780,733 $ 4,178,570 $ (602,163) 87.40% Cash and investments $ 4,578,029 ** Variance = Actual over (under) annual budget Fund 501 44 City of Tukwila Insurance Fund 502 - Revenue and Expenditures As of December 31 2017 of year expired 100.00% 2017 Annual Year -To - Budget Date Variance ** % of Annual Budget Revenue Charges for Services Employee Benefit Programs $ 1,200 $ 1,582 $ 382 131.81% Total Charges for Services 1,200 1,582 382 131.81% Miscellaneous Revenue Investment Earnings Employer Trust Contributions Employee Contributions Total Miscellaneous Revenue 96,000 5,999,527 77,000 55,442 5,729,693 114,244 6,172,527 5,899,379 (40,558) (269,834) 37,244 57.75% 95.50% 148.37% (273,148) 95.57% Total Revenue 6,173,727 5,900,960 (272,767) 95.58% Expenses 25 Medical, Dental, Life, Optical 6,662,500 6,146,754 (515,746) 92.26% 41 Professional Services 32,000 30,001 (1,999) 93.75% 49 Miscellaneous 25,000 29,317 4,317 117.27% Total 6,719,500 6,206,072 (513,428) 92.36% Indirect cost allocation 123,117 123,117 100.00% Total Expenses 6,842,617 6,329,189 (513,428) 92.50% Change in Fund Balance Beginning Fund Balance (668,890) 1,175,682 (428,229) 1,494,823 240,661 319,141 64.02% 127.15% Ending Fund Balance $ 506,792 $ 1,066,594 $ 559,802 210.46% Cash and investments $ 2,944,854 ** Variance = Actual over (under) annual budget Fund 502 45 City of Tukwila LEOFF Insurance Fund 503 - Revenue and Expenditures As of December 31 2017 % of year expired 100.00% 2017 Annual Actual % of Annual Budget Year -To -Date Variance ** Budget Revenue Miscellaneous Revenue Investment Earnings $ 3,340 $ (5,621) $ Employer Trust Contributions 265,000 253,445 Total Miscellaneous Revenue 268,340 247,824 (8,961) (11,555) -168.31% 95.64% (20,516) 92.35% Total Revenue 268,340 247,824 (20,516) 92.35% Expenses 25 Medical, Dental, Life, Optical 575,250 413,645 (161,605) 71.91% 41 Professional Services 18,000 4,095 (13,905) 22.75% 49 Miscellaneous 500 - (500) - Total 593,750 417,740 (176,010) 70.36% Indirect Cost Allocation 12,549 12,549 100.00% Total Expenses 606,299 430,289 (176,010) 70.97% Change in Fund Balance Beginning Fund Balance (337,959) 1,210,204 (182,466) 882,478 155,493 (327,726) 53.99% 72.92% Ending Fund Balance $ 872,245 $ 700,012 $ (172,233) 80.25% Cash and investments $ 896,672 ** Variance = Actual over (under) annual budget Fund 503 46 CITY OF TU KWI LA 4T" QUARTER 2017 FINANCIAL REPORT Departmental Expenditure Reports CITY COUNCIL CITY OF TUKWILA GENERAL FUND EXPENDITURES YEAR-END DECEMBER 31, 2017 SUMMARY BY EXPENDITURE TYPE ACTUAL BUDGET COMPARISON OF RESULTS 2015 2016 2017 2017 ANNUAL 2017 ALLOCATED ACTUAL OVER/(UNDER) % EXPENDED % CHANGE ALLOCATED BDGT 2015/2016 2016/2017 11 Salaries 182,811 193,841 199,439 199,767 199,767 (329) 100% 6% 3% 21 FICA 14,348 15,226 15,692 15,680 15,680 12 100% 6% 3% 23 Pension-PERS/PSERS 8,679 10,009 11,285 11,386 11,386 (101) 99% 15% 13% 24 Industrial Insurance 2,511 2,496 2,270 2,823 2,823 (553) 80% (1)% (9)% 25 Medical & Dental 54,430 54,171 59,057 59,090 59,090 (33) 100% (0)% 9% Total Salaries & Benefits 262,778 275,743 287,744 288,746 288,746 (1,003) 100% 5% 4% 31 Supplies 4,345 3,925 1,899 4,370 4,370 (2,471) 43% (10)% (52)% 41 Professional Services 6,959 1,865 24,000 46,500 46,500 (22,500) 52% (73)% 1187% 42 Communication 3,857 4,514 4,194 6,000 6,000 (1,806) 70% 17% (7)% 43 Travel 27,761 30,988 28,326 40,000 40,000 (11,674) 71% 12% (9)% 49 Miscellaneous 6,502 10,397 10,213 10,400 10,400 (187) 98% 60% -2% Total Operating Expenses 49,424 51,689 68,632 107,270 107,270 (38,638) 64% 5% 33% Total Expenses 312,202 327,433 356,375 396,016 396,016 (39,641) 90% 5% 9% Percent of year completed 48 100.00% MAYOR CITY OF TUKWILA GENERAL FUND EXPENDITURES YEAR-END DECEMBER 31, 2017 SUMMARY BY EXPENDITURE TYPE ACTUAL BUDGET COMPARISON OF RESULTS 2015 2016 2017 2017 ANNUAL 2017 ALLOCATED ACTUAL OVER/(UNDER) % EXPENDED % CHANGE ALLOCATED BDGT 2015/2016 2016/2017 11 Salaries 1,435,764 1,447,209 1,435,621 1,508,785 1,508,785 (73,164) 95% 1% (1)% 12 Extra Labor 8,473 2,360 13,830 53,500 53,500 (39,671) 26% (72)% 486% 13 Overtime - - - 532 532 (532) - - - 21 FICA 105,301 105,749 107,808 112,437 112,437 (4,629) 96% 0% 2% 23 Pension-PERS/PSERS 145,845 157,742 166,766 180,721 180,721 (13,955) 92% 8% 6% 24 Industrial Insurance 4,848 4,555 4,558 5,647 5,647 (1,089) 81% (6)% 0% 25 Medical & Dental 245,979 268,148 284,683 295,280 295,280 (10,597) 96% 9% 6% Total Salaries & Benefits 1,946,210 1,985,763 2,013,266 2,156,902 2,156,902 (143,636) 93% 2% 1% 31 Supplies 57,047 53,085 45,998 59,544 59,544 (13,546) 77% (7)% (13)% 35 Small Tools 18,051 9,318 - 5,500 5,500 (5,500) - (48)% - 41 Professional Services 1,168,473 1,119,421 1,129,971 1,186,470 1,186,470 (56,500) 95% (4)% 1% 42 Communication 54,829 95,875 84,287 112,600 112,600 (28,313) 75% 75% (12)% 43 Travel 32,656 24,044 23,771 41,550 41,550 (17,779) 57% (26)% (1)% 44 Advertising 7,823 4,610 11,342 19,750 19,750 (8,408) 57% (41)% 146% 45 Rentals and Leases 29,611 32,751 37,023 39,580 39,580 (2,557) 94% 11% 13% 48 Repairs and Maintenance 8,221 50,203 22,534 32,460 32,460 (9,926) 69% 511% (55)% 49 Miscellaneous 281,325 393,383 398,786 404,726 404,726 (5,940) 99% 40% 1% 51 Inter -Governmental 26,378 38,246 42,425 37,000 37,000 5,425 115% 45% 11% 53 Ext Taxes, Oper Assess 2 1 1 - - 1- (61)% (28)% 64 Machinery & Equipment - 56,700 6,265 - - 6,265 - - (89)% Total Operating Expenses 1,684,417 1,877,636 1,802,401 1,939,180 1,939,180 (136,779) 93% 11% (4)% Total Expenses 3,630,627 3,863,399 3,815,667 4,096,082 4,096,082 (280,415) 93% 6% (1)% Percent of year completed MAYOR DIVISION SUMMARY 100.00% YEAR-END DECEMBER 31, 2017 SUMMARY BY DIVISION ACTUAL BUDGET COMPARISON OF RESULTS 2015 2016 2017 2017 2017 ANNUAL ALLOCATED ACTUAL OVER/(UNDER) EXPENDED % CHANGE ALLOCATED BDGT 2015/2016 2016/2017 ADMINISTRATION 854,259 898,448 928,309 937,912 937,912 (9,603) 99% 5% 3% ECONOMIC DEVELOPMENT 452,501 439,617 384,226 390,642 390,642 (6,417) 98% (3)% (13)% CITY CLERK 609,461 750,259 655,802 762,873 762,873 (107,071) 86% 23% (13)% COMMUNICATIONS 424,253 434,434 569,073 629,027 629,027 (59,954) 90% 2% 31% HUMAN SERVICES 770,677 807,809 738,466 813,515 813,515 (75,049) 91% 5% (9)% COURT DEFENDER 456,012 462,135 451,588 477,000 477,000 (25,412) 95% 1% (2)% SISTER CITIES COMM. - 4,613 - 6,475 6,475 (6,475) - - PLANNING COMMISSION 4,172 725 1,079 3,750 3,750 (2,671) 29% (83)% 49% EQUITY & DIVERSITY COMMISSION 730 30 3,409 3,200 3,200 209 107% (96)% 11264% ARTS COMMISSION 4,482 5,137 5,190 5,000 5,000 190 104% 15% 1% PARKS COMMISSION 4,484 2,336 3,208 3,688 3,688 (480) 87% (48)% 37% LIBRARY ADVISORY BOARD 4,555 3,501 3,528 5,000 5,000 (1,472) 71% (23)% 1% COMMUNITY PROMOTION 23,086 21,245 25,903 26,000 26,000 (97) 100% (8)% 22% VOTER REGISTRATION COSTS 21,956 33,109 37,235 32,000 32,000 5,235 116% 51% 12% Total Expenses 3,630,627 3,863,399 3,807,015 4,096,082 4,096,082 (289,067) 93% 6% (1)% Percent of year completed 100.00% 49 MAYOR ADMINISTRATION YEAR-END DECEMBER 31, 2017 SUMMARY BY EXPENDITURE TYPE ACTUAL BUDGET COMPARISON OF RESULTS 2015 2016 2017 2017 2017 ANNUAL ALLOCATED ACTUAL OVER/(UNDER) EXPENDED % CHANGE ALLOCATED BDGT 2015/2016 2016/2017 11 Salaries 334,868 348,382 357,555 356,437 356,437 1,118 100% 4% 3% 12 Extra Labor 2,540 2,360 3,570 5,000 5,000 (1,431) 71% (7)% 51% 21 FICA 23,182 25,539 27,249 23,751 23,751 3,498 115% 10% 7% 23 Pension-PERS/PSERS 33,776 38,619 40,967 42,361 42,361 (1,394) 97% 14% 6% 24 Industrial Insurance 955 949 756 1,059 1,059 (303) 71% (1)% (20)% 25 Medical & Dental 55,908 71,035 76,441 75,374 75,374 1,067 101% 27% 8% Total Salaries & Benefits 451,229 486,885 506,538 503,982 503,982 2,556 101% 8% 4% 31 Supplies 27,586 17,845 10,519 17,200 17,200 (6,681) 61% (35)% (41)% 41 Professional Services 202,101 167,129 180,210 190,000 190,000 (9,791) 95% (17)% 8% 42 Communication 361 - 413 - - 413 - - - 43 Travel 21,527 13,849 13,836 20,000 20,000 (6,164) 69% (36)% (0)% 45 Rentals and Leases 18,039 23,087 21,881 25,480 25,480 (3,599) 86% 28% (5)% 48 Repairs and Maintenance - 1,668 - 3,250 3,250 (3,250) - - - 49 Miscellaneous 133,415 187,985 194,912 178,000 178,000 16,912 110% 41% 4% 53 Ext Taxes, Oper Assess 2 1 1 - - 1 - (61)% (28)% Total Operating Expenses 403,030 411,563 421,771 433,930 433,930 (12,159) 97% 2% 2% Total Expenses 854,259 898,448 928,309 937,912 937,912 (9,603) 99% 5% 3% Percent of year completed MAYOR ECONOMIC DEVELOPMENT 100.00% YEAR-END DECEMBER 31, 2017 SUMMARY BY EXPENDITURE TYPE ACTUAL BUDGET COMPARISON OF RESULTS 2015 2016 2017 2017 2017 ANNUAL ALLOCATED ACTUAL OVER/(UNDER) % EXPENDED % CHANGE ALLOCATED BDGT 2015/2016 2016/2017 11 Salaries 336,749 309,672 246,628 247,021 247,021 (393) 100% (8)% (20)% 12 Extra Labor -- 6,450 8,000 8,000 (1,550) 81% - - 21 FICA 24,219 21,576 18,196 17,741 17,741 455 103% (11)% (16)% 23 Pension-PERS/PSERS 34,337 32,854 29,435 29,655 29,655 (220) 99% (4)% (10)% 24 Industrial Insurance 907 737 1,064 706 706 358 151% (19)% 44% 25 Medical & Dental 33,074 27,535 20,860 21,269 21,269 (409) 98% (17)% (24)% Total Salaries & Benefits 429,285 392,376 322,634 324,392 324,392 (1,758) 99% (9)% (18)% 31 Supplies 438 1,194 464 1,000 1,000 (536) 46% 173% (61)% 41 Professional Services 5,500 16,100 44,377 32,500 32,500 11,877 137% 193% 176% 43 Travel 4,747 887 854 6,000 6,000 (5,146) 14% (81)% (4)% 44 Advertising 346 - 2,050 2,000 2,000 50 103% - - 49 Miscellaneous 12,185 29,061 13,847 24,750 24,750 (10,903) 56% 138% (52)% Total Operating Expenses 23,216 47,242 61,592 66,250 66,250 (4,658) 93% 103% 30% Total Expenses 452,501 439,617 384,226 390,642 390,642 (6,417) 98% (3)% (13)% Percent of year completed 50 100.00% MAYOR CITY CLERK YEAR-END DECEMBER 31, 2017 SUMMARY BY EXPENDITURE TYPE ACTUAL BUDGET COMPARISON OF RESULTS 2015 2016 2017 2017 2017 ANNUAL ALLOCATED ACTUAL OVER/(UNDER) EXPENDED % CHANGE ALLOCATED BDGT 2015/2016 2016/2017 11 Salaries 360,324 363,556 343,663 371,475 371,475 (27,812) 93% 1% (5)% 12 Extra Labor -- - - 35,000 35,000 (35,000) - - - 21 FICA 26,975 26,896 25,763 30,511 30,511 (4,748) 84% (0)% (4)% 23 Pension-PERS/PSERS 36,662 38,832 41,100 44,598 44,598 (3,498) 92% 6% 6% 24 Industrial Insurance 1,466 1,384 1,249 1,764 1,764 (515) 71% (6)% (10)% 25 Medical & Dental 80,217 86,288 91,711 92,996 92,996 (1,285) 99% 8% 6% Total Salaries & Benefits 505,643 516,955 503,485 576,344 576,344 (72,859) 87% 2% (3)% 31 Supplies 10,549 10,161 9,364 12,308 12,308 (2,944) 76% (4)% (8)% 41 Professional Services 4,068 2,096 2,136 6,000 6,000 (3,864) 36% (48)% 2% 42 Communication 48,547 68,707 64,215 72,600 72,600 (8,385) 88% 42% (7)% 43 Travel 2,851 2,032 2,271 5,500 5,500 (3,229) 41% (29)% 12% 44 Advertising 7,477 4,558 9,255 12,300 12,300 (3,045) 75% (39)% 103% 45 Rentals and Leases 7,656 5,748 12,085 10,100 10,100 1,985 120% (25)% 110% 48 Repairs and Maintenance 8,221 48,535 22,534 24,710 24,710 (2,176) 91% 490% (54)% 49 Miscellaneous 14,448 34,766 30,457 43,011 43,011 (12,554) 71% 141% (12)% 64 Machinery & Equipment- 24,462 56,700 - - - - - - - Total Operating Expenses 103,817 233,304 152,316 186,529 186,529 (34,213) 82% 125% (35)% Total Expenses 609,461 750,259 655,802 762,873 762,873 (107,071) 86% 23% (13)% Percent of year completed MAYOR COMMUNICATIONS 100.00% YEAR-END DECEMBER 31, 2017 SUMMARY BY EXPENDITURE TYPE ACTUAL BUDGET COMPARISON OF RESULTS 2015 2016 2017 2017 2017 ANNUAL ALLOCATED ACTUAL OVER/(UNDER) % EXPENDED % CHANGE ALLOCATED BDGT 2015/2016 2016/2017 11 Salaries 232,860 252,729 337,177 359,745 359,745 (22,568) 94% 9% 33% 12 Extra Labor 5,933 - 3,810 5,000 5,000 (1,190) 76% - - 21 FICA 18,021 18,703 25,262 27,176 27,176 (1,914) 93% 4% 35% 23 Pension-PERS/PSERS 23,693 28,189 40,215 43,205 43,205 (2,990) 93% 19% 43% 24 Industrial Insurance 936 902 1,076 1,412 1,412 (336) 76% (4)% 19% 25 Medical & Dental 48,319 52,971 72,584 72,989 72,989 (405) 99% 10% 37% Total Salaries & Benefits 329,762 353,495 480,126 509,527 509,527 (29,401) 94% 7% 36% 31 Supplies 9,038 15,017 4,914 9,000 9,000 (4,086) 55% 66% (67)% 35 Small Tools 12,687 6,532 - 5,500 5,500 (5,500) - (49)% - 41 Professional Services 35,032 3,250 30,739 35,000 35,000 (4,261) 88% (91)% 846% 42 Communication 5,922 27,168 19,658 40,000 40,000 (20,342) 49% 359% (28)% 43 Travel 3,432 2,920 6,792 4,000 4,000 2,792 170% (15)% 133% 44 Advertising -- 38 5,000 5,000 (4,962) 1% - - 45 Rentals and Leases 3,916 3,916 3,057 4,000 4,000 (943) 76% 0% (22)% 48 Repairs and Maintenance -- - 2,000 2,000 (2,000) - - - 49 Miscellaneous 24,462 22,136 23,749 15,000 15,000 8,749 158% (10)% 7% Total Operating Expenses 94,490 80,939 88,948 119,500 119,500 (30,552) 74% (14)% 10% Total Expenses 424,253 434,434 569,073 629,027 629,027 (59,954) 90% 2% 31% Percent of year completed 100.00% 51 MAYOR HUMAN SERVICES YEAR-END DECEMBER 31, 2017 SUMMARY BY EXPENDITURE TYPE ACTUAL BUDGET COMPARISON OF RESULTS SUMMARY BY EXPENDITURE 2015 2016 2017 2017 2017 ANNUAL ALLOCATED ACTUAL OVER/(UNDER) EXPENDED % CHANGE ALLOCATED BDGT 2015/2016 2016/2017 11 Salaries 170,964 172,869 150,598 174,107 174,107 (23,509) 86% 1% (13)% 12 Extra Labor -- 451,588 - 500 500 (500) - - - 13 Overtime- - - - 532 532 (532) - - - 21 FICA 12,904 13,036 11,338 13,258 13,258 (1,920) 86% 1% (13)% 23 Pension-PERS/PSERS 17,377 19,247 15,048 20,902 20,902 (5,854) 72% 11% (22)% 24 Industrial Insurance 584 582 413 706 706 (293) 59% (0)% (29)% 25 Medical & Dental 28,461 30,319 23,087 32,652 32,652 (9,565) 71% 7% (24)% Total Salaries & Benefits 230,290 236,052 200,483 242,657 242,657 (42,174) 83% 3% (15)% 31 Supplies 831 1,072 1,628 1,688 1,688 (60) 96% 29% 52% 41 Professional Services 451,516 455,690 408,932 433,470 433,470 (24,538) 94% 1% (10)% 43 Travel 99 243 18 500 500 (482) 4% 145% (92)% 49 Miscellaneous 87,941 114,752 127,404 135,200 135,200 (7,796) 94% 30% 11% Total Operating Expenses 540,386 571,756 537,983 570,858 570,858 (32,876) 94% 6% (6)% Total Expenses 770,677 807,809 738,466 813,515 813,515 (75,049) 91% 5% (9)% Percent of year completed MAYOR COURT DEFENDER 100.00% YEAR-END DECEMBER 31, 2017 SUMMARY BY EXPENDITURE TYPE ACTUAL BUDGET COMPARISON OF RESULTS SUMMARY BY EXPENDITURE 2015 2016 2017 2017 2017 ANNUAL ALLOCATED ACTUAL OVER/(UNDER) EXPENDED % CHANGE ALLOCATED BDGT 2015/2016 2016/2017 31 Supplies- 41 Professional Services 456,012 - 462,135 549 451,038 - - 477,000 477,000 549 (25,962) - 95% - 1% - (2)% Total Operating Expenses 456,012 462,135 451,588 477,000 477,000 (25,412) 95% 1% (2)% - 425 425 (425) - - - 41 Professional Services - - - Total Expenses 456,012 462,135 451,588 477,000 477,000 (25,412) 95% 1% (2)% Percent of year completed MAYOR SISTER CITIES COMM. 100.00% YEAR-END DECEMBER 31, 2017 Percent of year completed 52 100.00% ACTUAL BUDGET COMPARISON OF RESULTS SUMMARY BY EXPENDITURE ACTUAL TYPE 2017 OVER/(UNDER) % CHANGE ALLOCATED 2015 2016 2017 2017 ANNUAL ALLOCATED BDGT EXPENDED 2015/2016 2016/2017 31 Supplies - - 425 425 (425) - - - 41 Professional Services - - - 500 500 (500) - - - 43 Travel - 4,113 - 5,050 5,050 (5,050) - - - 49 Miscellaneous - 500 - 500 500 (500) - - - Total Operating Expenses - 4,613 - 6,475 6,475 (6,475) - - - Total Expenses - 4,613 - 6,475 6,475 (6,475) - - - Percent of year completed 52 100.00% MAYOR PLANNING COMMISSION YEAR-END DECEMBER 31, 2017 SUMMARY BY EXPENDITURE TYPE ACTUAL BUDGET COMPARISON OF RESULTS 2015 2016 2017 2017 2017 ANNUAL ALLOCATED ACTUAL OVER/(UNDER) EXPENDED % CHANGE ALLOCATED BDGT 2015/2016 2016/2017 31 Supplies 41 Professional Services- 43 Travel 49 Miscellaneous 347 -- 3,825 154 121 450 234 - - 845 1,000 1,000 - - 500 500 2,250 2,250 (766) - (500) (1,405) 23% - - 38% (56)% 52% - - - - (88)% 88% Total Operating Expenses 4,172 725 1,079 3,750 3,750 (2,671) 29% (83)% 49% 209 107% (96)% 11264% 190 104% 15% 1% Total Expenses 4,172 725 1,079 3,750 3,750 (2,671) 29% (83)% 49% Percent of year completed MAYOR EQUITY & DIVERSITY COMMISSION 100.00% YEAR-END DECEMBER 31, 2017 SUMMARY BY EXPENDITURE TYPE ACTUAL BUDGET COMPARISON OF RESULTS 2015 2016 2015 2017 2017 2017 ANNUAL ALLOCATED ACTUAL OVER/(UNDER) % EXPENDED % CHANGE ALLOCATED BDGT 2015/2016 2016/2017 31 Supplies 49 Miscellaneous 480 250 2016/2017 - 30 785 2,624 1,200 1,200 2,000 2,000 (415) 624 65% 131% - - (88)% 8647% Total Operating Expenses 730 30 3,409 3,200 3,200 209 107% (96)% 11264% 190 104% 15% 1% Total Expenses 730 30 3,409 3,200 3,200 209 107% (96)% 11264% Percent of year completed MAYOR ARTS COMMISSION 100.00% YEAR-END DECEMBER 31, 2017 SUMMARY BY EXPENDITURE TYPE ACTUAL BUDGET COMPARISON OF RESULTS 2015 2016 2017 2017 2017 ANNUAL ALLOCATED ACTUAL OVER/(UNDER) % EXPENDED % CHANGE ALLOCATED BDGT 2015/2016 2016/2017 31 Supplies 51 Inter -Governmental 60 4,421 - 5,137 - 5,190 - -- 5,000 5,000 190 - 104% - 16% - 1% Total Operating Expenses 4,482 5,137 5,190 5,000 5,000 190 104% 15% 1% Total Expenses 4,482 5,137 5,190 5,000 5,000 190 104% 15% 1% Percent of year completed 100.00% 53 MAYOR PARKS COMMISSION YEAR-END DECEMBER 31, 2017 SUMMARY BY EXPENDITURE TYPE ACTUAL BUDGET COMPARISON OF RESULTS 2015 2016 2017 2017 2017 ANNUAL ALLOCATED ACTUAL OVER/(UNDER) EXPENDED % CHANGE ALLOCATED BDGT 2015/2016 2016/2017 31 Supplies 49 Miscellaneous 3,269 1,215 433 1,903 2,558 650 1,688 1,688 2,000 2,000 870 (1,350) 152% 33% (87)% 57% 490% (66)% Total Operating Expenses 4,484 2,336 3,208 3,688 3,688 (480) 87% (48)% 37% 71% (23)% 41 Professional Services 1% 12,900 12,539 12,000 12,000 539 Total Expenses 4,484 2,336 3,208 3,688 3,688 (480) 87% (48)% 37% Percent of year completed MAYOR LIBRARY ADVISORY BOARD 100.00% YEAR-END DECEMBER 31, 2017 SUMMARY BY EXPENDITURE TYPE ACTUAL BUDGET COMPARISON OF RESULTS 2015 2015 2016 2017 2017 2017 ANNUAL ALLOCATED ACTUAL OVER/(UNDER) % EXPENDED % CHANGE 2015/2016 ALLOCATED BDGT 2015/2016 2016/2017 31 Supplies 41 Professional Services 3,706 849 3,501 - 3,528 - 5,000 5,000 - - (1,472) - 71% - (6)% - 35 Small Tools 1% - Total Operating Expenses 4,555 3,501 3,528 5,000 5,000 (1,472) 71% (23)% 41 Professional Services 1% 12,900 12,539 12,000 12,000 539 104% (4)% (3)% 44 Advertising - Total Expenses 4,555 3,501 3,528 5,000 5,000 (1,472) 71% (23)% 48 Repairs and Maintenance 1% Percent of year completed MAYOR COMMUNITY PROMOTION 100.00% YEAR-END DECEMBER 31, 2017 SUMMARY BY EXPENDITURE TYPE ACTUAL BUDGET COMPARISON OF RESULTS 2015 2016 2017 2017 2017 ANNUAL ALLOCATED ACTUAL OVER/(UNDER) % EXPENDED % CHANGE ALLOCATED BDGT 2015/2016 2016/2017 31 Supplies 744 3,707 11,454 9,035 9,035 2,419 127% 398% 209% 35 Small Tools 5,364 2,787 - - -- 51% 12% (48)% - 41 Professional Services 13,395 12,900 12,539 12,000 12,000 539 104% (4)% (3)% 44 Advertising - 51 - 450 450 (450) - - - 48 Repairs and Maintenance - - - 2,500 2,500 (2,500) - - - 49 Miscellaneous 3,582 1,800 1,910 2,015 2,015 (105) 95% (50)% 6% Total Operating Expenses 23,086 21,245 25,903 26,000 26,000 (97) 100% (8)% 22% Total Expenses 23,086 21,245 25,903 26,000 26,000 (97) 100% (8)% 22% Percent of year completed MAYOR VOTER REGISTRATION COSTS 100.00% YEAR-END DECEMBER 31, 2017 SUMMARY BY EXPENDITURE TYPE ACTUAL BUDGET COMPARISON OF RESULTS 2015 2016 2017 2017 2017 ANNUAL ALLOCATED ACTUAL OVER/(UNDER) % EXPENDED % CHANGE ALLOCATED BDGT 2015/2016 2016/2017 51 Inter -Governmental 21,956 33,109 37,235 32,000 32,000 5,235 116% 51% 12% Total Operating Expenses 21,956 33,109 37,235 32,000 32,000 5,235 116% 51% 12% Total Expenses 21,956 33,109 37,235 32,000 32,000 5,235 116% 51% 12% Percent of year completed 54 100.00% HUMAN RESOURCES CITY OF TUKWILA GENERAL FUND EXPENDITURES YEAR-END DECEMBER 31, 2017 SUMMARY BY EXPENDITURE TYPE ACTUAL BUDGET COMPARISON OF RESULTS 2015 2016 2017 2017 ANNUAL 2017 ALLOCATED ACTUAL OVER/(UNDER) % EXPENDED % CHANGE ALLOCATED BDGT 2015/2016 2016/2017 11 Salaries 404,342 397,101 401,717 405,299 405,299 (3,582) 99% (2)% 1% 12 Extra Labor - 6,840 - 6,000 6,000 (6,000) - - - 21 FICA 28,354 27,989 28,343 28,947 28,947 (604) 98% (1)% 1% 23 Pension-PERS/PSERS 41,090 42,947 47,397 48,653 48,653 (1,256) 97% 5% 10% 24 Industrial Insurance 1,133 1,101 1,056 1,417 1,417 (361) 74% (3)% (4)% 25 Medical & Dental 64,094 63,382 60,472 77,642 77,642 (17,170) 78% (1)% (5)% Total Salaries & Benefits 539,014 539,361 538,985 567,958 567,958 (28,973) 95% 0% (0)% 31 Supplies 8,219 9,337 12,861 14,817 14,817 (1,956) 87% 14% 38% 41 Professional Services 47,466 83,302 80,196 90,575 90,575 (10,379) 89% 75% (4)% 42 Communication 7 -- 50 50 (50) - - - 43 Travel 2,542 943 1,234 3,000 3,000 (1,766) 41% (63)% 31% 44 Advertising 3,025 6,541 3,133 6,250 6,250 (3,117) 50% 116% (52)% 45 Rentals and Leases 3,662 3,737 5,113 5,108 5,108 5 100% 2% 37% 48 Repairs and Maintenance 12,062 2,790 2,994 14,000 14,000 (11,006) 21% (77)% 7% 49 Miscellaneous 3,346 1,416 12,330 4,450 4,450 7,880 277% (58)% 771% Total Operating Expenses 80,329 108,066 117,861 138,250 138,250 (20,389) 85% 35% 9% Total Expenses 619,343 647,426 656,847 706,208 706,208 (49,361) 93% 5% 1% Percent of year completed 100.00% 55 FINANCE CITY OF TUKWILA GENERAL FUND EXPENDITURES YEAR-END DECEMBER 31, 2017 Percent of year completed 56 100.00% SUMMARY BY EXPENDITURE TYPE ACTUAL BUDGET COMPARISON OF RESULTS 2015 2016 2017 2017 ANNUAL 2017 ALLOCATED ACTUAL OVER/(UNDER) % CHANGE ALLOCATED BDGT % EXPENDED 2015/2016 2016/2017 11 Salaries 988,923 986,137 1,032,821 1,053,485 1,053,485 (20,664) 98% (0)% 5% 12 Extra Labor 5,181 - 16,715 60,000 60,000 (43,285) 28% - - 13 Overtime 1,475 7,470 5,654 9,289 9,289 (3,635) 61% 406% (24)% 21 FICA 73,595 73,501 78,363 79,621 79,621 (1,258) 98% (0)% 7% 23 Pension-PERS/PSERS 100,114 110,973 122,566 127,773 127,773 (5,207) 96% 11% 10% 24 Industrial Insurance 3,350 3,265 3,076 4,235 4,235 (1,159) 73% (3)% (6)% 25 Medical & Dental 179,162 188,455 212,258 223,559 223,559 (11,301) 95% 5% 13% 26 Unemployment - - - 13,000 13,000 (13,000) - - - Total Salaries & Benefits 1,351,800 1,369,801 1,471,453 1,570,962 1,570,962 (99,509) 94% 1% 7% 31 Supplies 17,381 26,306 16,378 19,000 19,000 (2,622) 86% 51% (38)% 35 Small Tools 265 6,003 3,902 5,000 5,000 (1,098) 78% 2162% (35)% 41 Professional Services 126,741 140,365 274,791 170,000 170,000 104,791 162% 11% 96% 42 Communication 288 56 479 1,000 1,000 (521) 48% (81)% 757% 43 Travel 2,662 4,591 9,065 10,000 10,000 (935) 91% 72% 97% 45 Rentals and Leases 3,283 3,284 3,002 3,500 3,500 (498) 86% 0% (9)% 46 Insurance 338,892 338,539 353,462 351,826 351,826 1,636 100% (0)% 4% 48 Repairs and Maintenance 57,278 59,781 147,712 65,625 65,625 82,087 225% 4% 147% 49 Miscellaneous 286,823 188,902 127,826 321,900 321,900 (194,074) 40% (34)% (32)% 53 Ext Taxes, Oper. Assess 1 - 18 - - 18 - - - Total Operating Expenses 833,614 767,827 936,634 947,851 947,851 (11,217) 99% (8)% 22% Total Expenses 2,185,415 2,137,628 2,408,087 2,518,813 2,518,813 (110,726) 96% (2)% 13% Percent of year completed 56 100.00% ATTORNEY CITY OF TUKWILA GENERAL FUND EXPENDITURES YEAR-END DECEMBER 31, 2017 SUMMARY BY EXPENDITURE TYPE ACTUAL BUDGET COMPARISON OF RESULTS 2015 2016 2017 2017 ANNUAL 2017 ALLOCATED ACTUAL OVER/(UNDER) % CHANGE ALLOCATED BDGT % EXPENDED 2015/2016 2016/2017 12 Extra Labor 2,358 2,508 2,466 5,000 5,000 (2,534) 49% 6% (2)% 21 FICA 180 192 189 355 355 (166) 53% 6% (2)% 24 Industrial Insurance 29 32 33 100 100 (67) 33% 10% 3% Total Salaries & Benefits 2,568 2,732 2,688 5,455 5,455 (2,767) 49% 6% (2)% 31 Supplies 5,527 4,830 2,590 6,000 6,000 (3,410) 43% (13)% (46)% 41 Professional Services 583,288 523,163 655,547 701,000 701,000 (45,453) 94% (10)% 25% 45 Rentals and Leases - - 2,862 2,100 2,100 762 136% - - 48 Repairs and Maintenance - -1,400 1,400 (1,400) - - - 49 Miscellaneous 57 - 1,226 1,000 1,000 226 123% - - Total Operating Expenses 588,872 527,993 662,225 711,500 711,500 (49,275) 93% (10)% 25% Total Expenses 591,440 530,725 664,913 716,955 716,955 (52,042) 93% (10)% 25% Percent of year completed 100.00% 57 RECREATION DEPARTMENT CITY OF TUKWILA GENERAL FUND EXPENDITURES YEAR-END DECEMBER 31, 2017 SUMMARY BY EXPENDITURE TYPE ACTUAL BUDGET COMPARISON OF RESULTS 2015 2016 2017 2017 ANNUAL 2017 ALLOCATED ACTUAL OVER/(UNDER) ok EXPENDED % CHANGE ALLOCATED BDGT 2015/2016 2016/2017 11 Salaries 1,283,806 1,323,933 1,335,148 1,400,656 1,400,656 (65,508) 95% 3% 1% 12 Extra Labor 437,562 446,539 475,268 532,182 532,182 (56,914) 89% 2% 6% 13 Overtime 9,063 7,846 5,928 4,179 4,179 1,749 142% (13)% (24)% 21 FICA 129,084 133,420 135,399 145,956 145,956 (10,557) 93% 3% 1% 23 Pension-PERS/PSERS 143,408 167,460 178,730 168,165 168,165 10,565 106% 17% 7% 24 Industrial Insurance 72,933 74,051 62,252 84,918 84,918 (22,666) 73% 2% (16)% 25 Medical & Dental 273,857 297,411 317,408 320,924 320,924 (3,516) 99% 9% 7% 26 Unemployment (568) (2,575) 2,584 -- 235,374 2,584 - 354% (200)% 28 Uniform/Clothing 197 - 225 230 230 (5) 98% - - Total Salaries & Benefits 2,349,343 2,448,084 2,512,942 2,657,210 2,657,210 (144,268) 95% 4% 3% 31 Supplies 132,516 130,587 129,012 137,404 137,404 (8,392) 94% (1)% (1)% 34 Items Purchased for resale 31,681 22,500 20,530 22,000 22,000 (1,470) 93% (29)% (9)% 35 Small Tools - - 10,921 11,000 11,000 (79) 99% - - 41 Professional Services 149,075 160,766 166,442 208,480 208,480 (42,038) 80% 8% 4% 42 Communication 8,186 11,528 8,089 12,150 12,150 (4,061) 67% 41% (30)% 43 Travel 5,253 5,981 18,177 13,725 13,725 4,452 132% 14% 204% 44 Advertising 17,547 11,797 11,422 22,500 22,500 (11,078) 51% (33)% (3)% 45 Rentals and Leases 49,075 31,864 34,304 48,590 48,590 (14,286) 71% (35)% 8% 48 Repairs and Maintenance 15,509 19,921 11,592 30,400 30,400 (18,808) 38% 28% (42)% 49 Miscellaneous 101,761 84,019 87,536 109,400 109,400 (21,864) 80% (17)% 4% 53 Ext Tax - - 667 - - 667 - - - 64 Machinery & Equipment 10,779 10,686 36,982 130,000 130,000 (93,018) 28% (1)% 246% Total Operating Expenses 521,381 489,649 535,675 745,649 745,649 (209,974) 72% (6)% 9% Total Expenses 2,870,724 2,937,733 3,048,617 3,402,859 3,402,859 (354,242) 90% 2% 4% Percent of year completed RECREATION DIVISION SUMMARY 100.00% YEAR-END DECEMBER 31, 2017 SUMMARY BY DIVISION ACTUAL BUDGET COMPARISON OF RESULTS 2015 2016 2017 2017 ANNUAL 2017 ALLOCATED ACTUAL OVER/(UNDER) ok EXPENDED % CHANGE ALLOCATED BDGT 2015/2016 2016/2017 ADMINISTRATION 313,813 314,925 367,967 481,514 481,514 (113,547) 76% 0% 17% RECREATION 1,589,867 1,668,196 449,887 462,343 462,343 (12,456) 97% 5% (73)% PRESCHOOL PROGRAM - - 83,719 79,776 79,776 3,943 105% - - YOUTH PROGRAMS - - 525,118 577,952 577,952 (52,834) 91% - - TEEN PROGRAMS - - 200,173 206,780 206,780 (6,607) 97% - - YOUTH WELLNESS AND ENRICHMEP - - 141,207 148,978 148,978 (7,771) 95% - - ADULT WELLNESS AND ENRICHMEN - - 218,531 215,044 215,044 3,487 102% - - SENIOR ADULT PROGRAMS - - 173,480 176,287 176,287 (2,807) 98% - - COMMUNITY EVENTS AND VOLUNTE 289,808 250,188 235,374 281,660 281,660 (46,286) 84% (14)% (6)% PLANNING AND BUSINESS OPS - - 363,069 460,559 460,559 (97,490) 79% - - RENTAL OPERATIONS 666,457 704,424 290,091 311,966 311,966 (21,875) 93% 6% (59)% Total Expenses 2,859,945 2,937,733 3,048,617 3,402,859 3,402,859 (354,242) 90% 3% 4% Percent of year completed 58 100.00% RECREATION ADMINISTRATION YEAR-END DECEMBER 31, 2017 SUMMARY BY EXPENDITURE TYPE ACTUAL BUDGET COMPARISON OF RESULTS 2015 2016 2017 2017 ANNUAL 2017 ALLOCATED ACTUAL OVER/(UNDER) % EXPENDED % CHANGE ALLOCATED BDGT 2015/2016 2016/2017 11 Salaries 219,560 206,271 231,337 248,194 248,194 (16,857) 93% (6)% 12% 12 Extra Labor - 997 2,015 5,000 5,000 (2,986) 40% - 102% 13 Overtime - - - 464 464 (464) - - - 21 FICA 14,756 13,586 15,711 16,870 16,870 (1,159) 93% (8)% 16% 23 Pension-PERS/PSERS 22,254 22,955 27,046 29,797 29,797 (2,751) 91% 3% 18% 24 Industrial Insurance 500 595 1,680 1,189 1,189 491 141% 19% 182% 25 Medical & Dental 35,501 29,415 44,519 32,833 32,833 11,686 136% (17)% 51% Total Salaries & Benefits 292,571 273,819 322,308 334,347 334,347 (12,039) 96% (6)% 18% 31 Supplies 5,868 7,023 3,609 5,917 5,917 (2,308) 61% 20% (49)% 41 Professional Services 6,605 17,808 1,100 2,500 2,500 (1,400) 44% 170% (94)% 42 Communication 1,987 372 542 - - 542 - (81)% 46% 43 Travel 898 362 1,631 2,500 2,500 (869) 65% (60)% 351% 45 Rentals and Leases 2,550 2,5500% 46,197 22,930 - - - 0% - 48 Repairs and Maintenance - 99 - 2,000 2,000 (2,000) - - - 49 Miscellaneous 3,336 2,208 1,794 4,250 4,250 (2,456) 42% (34)% (19)% 64 Machinery & Equipment - 10,686 36,982 130,000 130,000 (93,018) 28% - 246% Total Operating Expenses 21,243 41,106 45,659 147,167 147,167 (101,508) 31% 94% 11% - 48 Repairs and Maintenance - - 468 - - 468 - Total Expenses 313,813 314,925 367,967 481,514 481,514 (113,547) 76% 0% 17% Percent of year completed RECREATION RECREATION 100.00% YEAR-END DECEMBER 31, 2017 SUMMARY BY EXPENDITURE TYPE ACTUAL BUDGET COMPARISON OF RESULTS 2015 2016 2017 2017 ANNUAL 2017 ALLOCATED ACTUAL OVER/(UNDER) % EXPENDED % CHANGE ALLOCATED BDGT 2015/2016 2016/2017 11 Salaries 559,030 663,211 194,049 193,608 193,608 441 100% 19% (71)% 12 Extra Labor 437,562 386,507 57,953 70,220 70,220 (12,267) 83% (12)% (85)% 13 Overtime 2,632 2,508 845 - - 845 - (5)% (66)% 21 FICA 75,727 80,068 19,082 20,093 20,093 (1,011) 95% 6% (76)% 23 Pension-PERS/PSERS 69,487 89,032 26,286 23,243 23,243 3,043 113% 28% (70)% 24 Industrial Insurance 64,002 59,921 7,490 12,256 12,256 (4,766) 61% (6)% (87)% 25 Medical & Dental 127,609 159,103 39,429 39,424 39,424 5 100% 25% (75)% 26 Unemployment (568) (2,575) 2,584 - - 2,584 - 354% (200)% Total Salaries & Benefits 1,335,481 1,437,774 347,719 358,844 358,844 (11,125) 97% 8% (76)% 31 Supplies 68,471 65,367 18,051 27,919 27,919 (9,868) 65% (5)% (72)% 34 Items Purchased for resale 9,757 (934) - - - - - (110)% - 35 Small Tools - - 7,722 11,000 11,000 (3,278) 70% - - 41 Professional Services 96,820 99,592 46,197 22,930 22,930 23,267 201% 3% (54)% 42 Communication 2,610 3,285 1,934 2,850 2,850 (916) 68% 26% (41)% 43 Travel 3,049 5,050 6,238 1,800 1,800 4,438 347% 66% 24% 44 Advertising 1,015 1,248 407 4,800 4,800 (4,394) 8% 23% (67)% 45 Rentals and Leases 484 147 - - - - - (70)% - 48 Repairs and Maintenance - - 468 - - 468 - - - 49 Miscellaneous 72,180 56,667 20,484 32,200 32,200 (11,716) 64% (21)% (64)% 53 Ext Tax - - 667 - - 667 - - - Total Operating Expenses 254,386 230,422 102,168 103,499 103,499 (1,331) 99% (9)% (56)% Total Expenses 1,589,867 1,668,196 449,887 462,343 462,343 (12,456) 97% 5% (73)% Percent of year completed 100.00% 59 RECREATION PRESCHOOL PROGRAM YEAR-END DECEMBER 31, 2017 SUMMARY BY EXPENDITURE TYPE ACTUAL BUDGET COMPARISON OF RESULTS 2015 2016 2017 2017 ANNUAL 2017 ALLOCATED ACTUAL OVER/(UNDER) % CHANGE ALLOCATED BDGT EXPENDED 2015/2016 2016/2017 11 Salaries - - 36,588 37,245 37,245 (657) 98% - - 12 Extra Labor - - 23,073 20,900 20,900 2,173 110% - - 21 FICA - - 4,571 4,397 4,397 174 104% - - 23 Pension-PERS/PSERS- - 6,256 4,479 4,479 1,777 140% - - 24 Industrial Insurance- - 1,873 2,285 2,285 (412) 82% - - 25 Medical & Dental - - 422 370 370 52 114% - Total Salaries & Benefits - - 72,921 69,676 69,676 3,245 105% - - 31 Supplies - - 10,395 8,600 8,600 1,795 121% - - 41 Professional Services - - 2 1,000 1,000 (998) 0% - - 49 Miscellaneous - - 402 500 500 (98) 80% - - Total Operating Expenses - - 10,798 10,100 10,100 698 107% - - 79% - - Total Operating Expenses - - 52,105 72,518 72,518 (20,413) Total Expenses - - 83,719 79,776 79,776 3,943 105% - - Percent of year completed RECREATION YOUTH PROGRAMS 100.00% YEAR-END DECEMBER 31, 2017 SUMMARY BY EXPENDITURE TYPE ACTUAL BUDGET COMPARISON OF RESULTS 2015 2016 2017 2017 ANNUAL 2017 ALLOCATED ACTUAL OVER/(UNDER) °/0 CHANGE ALLOCATED BDGT EXPENDED 2015/2016 2016/2017 11 Salaries - - 146,386 148,265 148,265 (1,879) 99% - - 12 Extra Labor - - 205,735 231,742 231,742 (26,007) 89% - - 13 Overtime - - 82- - 82 - - - 21 FICA - - 26,812 30,445 30,445 (3,633) 88% - - 23 Pension-PERS/PSERS - - 25,243 17,799 17,799 7,444 142% - - 24 Industrial Insurance - - 21,247 29,658 29,658 (8,411) 72% - - 25 Medical & Dental - - 47,509 47,525 47,525 (16) 100% - - Total Salaries & Benefits - - 473,013 505,434 505,434 (32,421) 94% - - 31 Supplies - - 20,137 32,018 32,018 (11,881) 63% - - 41 Professional Services - - 19,334 24,500 24,500 (5,166) 79% - - 49 Miscellaneous - - 12,633 16,000 16,000 (3,367) 79% - - Total Operating Expenses - - 52,105 72,518 72,518 (20,413) 72% - - Total Expenses - - 525,118 577,952 577,952 (52,834) 91% - - Percent of year completed 60 100.00% RECREATION TEEN PROGRAMS YEAR-END DECEMBER 31, 2017 SUMMARY BY EXPENDITURE TYPE ACTUAL BUDGET COMPARISON OF RESULTS 2015 2016 2017 2017 ANNUAL 2017 ALLOCATED ACTUAL OVER/(UNDER) % CHANGE ALLOCATED BDGT % EXPENDED 2015/2016 2016/2017 11 Salaries - - 65,291 66,466 66,466 (1,175) 98% - - 12 Extra Labor - - 58,706 63,850 63,850 (5,144) 92% - - 21 FICA - - 9,486 9,969 9,969 (483) 95% - - 23 Pension-PERS/PSERS - - 9,219 7,980 7,980 1,239 116% - - 24 Industrial Insurance - - 6,929 8,906 8,906 (1,977) 78% - - 25 Medical & Dental - - 23,724 23,729 23,729 (5) 100% - - Total Salaries & Benefits - - 173,355 180,900 180,900 (7,545) 96% - - 31 Supplies - - 8,480 7,650 7,650 830 111% - - 41 Professional Services - - 5,001 5,050 5,050 (49) 99% - - 43 Travel - - 5,139 5,000 5,000 139 103% - - 45 Rentals and Leases - - 1,424 180 180 1,244 791% - - 49 Miscellaneous - - 6,774 8,000 8,000 (1,226) 85% - - Total Operating Expenses - - 26,818 25,880 25,880 938 104% - - Total Expenses - - 200,173 206,780 206,780 (6,607) 97% - - Percent of year completed RECREATION YOUTH WELLNESS AND ENRICHMENT 100.00% YEAR-END DECEMBER 31, 2017 SUMMARY BY EXPENDITURE TYPE ACTUAL BUDGET COMPARISON OF RESULTS 2015 2016 2017 2017 ANNUAL 2017 ALLOCATED ACTUAL OVER/(UNDER) % CHANGE ALLOCATED BDGT % EXPENDED 2015/2016 2016/2017 11 Salaries - - 65,328 66,598 66,598 (1,271) 98% - - 12 Extra Labor - - 16,907 12,700 12,700 4,207 133% - - 21 FICA - - 6,291 6,067 6,067 224 104% - - 23 Pension-PERS/PSERS- - 8,844 7,995 7,995 849 111% - - 24 Industrial Insurance - - 3,525 3,962 3,962 (437) 89% - - 25 Medical & Dental - - 16,451 16,456 16,456 (5) 100% - - Total Salaries & Benefits - - 117,347 113,778 113,778 3,569 103% - - 31 Supplies - - 5,809 5,600 5,600 209 104% - - 41 Professional Services - - 17,624 28,900 28,900 (11,276) 61% - - 49 Miscellaneous - - 427 700 700 (273) 61% - - Total Operating Expenses - - 23,860 35,200 35,200 (11,340) 68% - - Total Expenses - - 141,207 148,978 148,978 (7,771) 95% - - Percent of year completed 100.00% 61 RECREATION RENTALS YEAR-END DECEMBER 31, 2017 SUMMARY BY EXPENDITURE TYPE ACTUAL BUDGET COMPARISON OF RESULTS 2015 2016 2017 2017 2017 ANNUAL ALLOCATED ACTUAL OVER/(UNDER) % CHANGE ALLOCATED % BDGT EXPENDED 2015/2016 2016/2017 11 Salaries 357,179 337,215 -- - - - (6)% - 12 Extra Labor - 51,004 - - - - - - - 13 Overtime 4,586 4,205 -- - - - (8)% - 21 FICA 27,302 29,739 -- - - - 9% - 23 Pension-PERS/PSERS 36,580 42,570 -- - - - 16% - 24 Industrial Insurance 5,591 10,111 -- - - - 81% - 25 Medical & Dental 81,857 84,698 -- - - - 3% - 28 Uniform/Clothing 197 - -- - - - - - Total Salaries & Benefits 513,293 559,542 - -- - _ 9% _ 31 Supplies 38,567 35,817 -- - - - (7)% - 34 Items Purchased for resale 21,924 23,434 -- - - 7% - 41 Professional Services- 3,460 - - - - - - - 42 Communication 2,928 7,872 -- - - - 169% - 43 Travel 1,056 291 -- - - - (72)% - 44 Advertising 6,108 6,192 -- - - - 1% - 45 Rentals and Leases 41,938 23,943 -- 4,200 - - (43)% - 48 Repairs and Maintenance 15,509 19,822 - - - - - 28% - 49 Miscellaneous 25,133 24,050 - - - - (4)% Total Operating Expenses 153,165 144,882 - -- - - (5)% - 50,900 (15,649) 69% - - 42 Total Expenses 666,457 704,424 -- - - - 6% - Percent of year completed RECREATION ADULT WELLNESS AND ENRICHMENT 100.00% YEAR-END DECEMBER 31, 2017 SUMMARY BY EXPENDITURE TYPE ACTUAL BUDGET COMPARISON OF RESULTS 2015 2016 2017 2017 ANNUAL 2017 ALLOCATED ACTUAL OVER/(UNDER) % CHANGE ALLOCATED BDGT EXPENDED 2015/2016 2016/2017 11 Salaries - - 80,388 81,942 81,942 (1,554) 98% - - 12 Extra Labor - - 24,610 24,000 24,000 610 103% - - 13 Overtime- - 696 - - 696 - - - 21 FICA - - 7,906 7,914 7,914 (8) 100% - - 23 Pension-PERS/PSERS - - 10,824 9,837 9,837 987 110% - - 24 Industrial Insurance - - 3,557 5,054 5,054 (1,497) 70% - - 25 Medical & Dental - - 23,785 23,797 23,797 (12) 100% - - Total Salaries & Benefits - - 151,765 152,544 152,544 (779) 99% - - 31 Supplies - - 21,093 4,200 4,200 16,893 502% - - 35 Small Tools - - 3,200 - - 3,200 - - - 41 Professional Services - - 35,251 50,900 50,900 (15,649) 69% - - 42 Communication - - 3,384 - - 3,384 - - - 48 Repairs and Maintenance - - 2,529 7,200 7,200 (4,671) 35% - - 49 Miscellaneous - - 1,310 200 200 1,110 655% - - Total Operating Expenses - - 66,766 62,500 62,500 4,266 107% - - Total Expenses - - 218,531 215,044 215,044 3,487 102% - - Percent of year completed 62 100.00% RECREATION SENIOR ADULT PROGRAMS YEAR-END DECEMBER 31, 2017 SUMMARY BY EXPENDITURE TYPE ACTUAL BUDGET COMPARISON OF RESULTS 2015 2016 2017 2017 ANNUAL 2017 ALLOCATED ACTUAL OVER/(UNDER) % CHANGE ALLOCATED BDGT % EXPENDED 2015/2016 2016/2017 11 Salaries- - 80,688 82,253 82,253 (1,565) 98% - - 12 Extra Labor -- 23,974 27,000 27,000 (3,026) 89% - - 21 FICA - - 7,933 8,298 8,298 (365) 96% - - 23 Pension-PERS/PSERS -- 11,931 9,875 9,875 2,056 121% - - 24 Industrial Insurance - - 3,596 5,344 5,344 (1,748) 67% - - 25 Medical & Dental -- 20,505 20,517 20,517 (12) 100% - - Total Salaries & Benefits - - 148,627 153,287 153,287 (4,660) 97% - - 31 Supplies - - 4,501 3,000 3,000 1,501 150% - - 41 Professional Services - - 3,840 5,900 5,900 (2,060) 65% - - 43 Travel - - 3,520 2,100 2,100 1,420 168% - - 49 Miscellaneous - - 12,993 12,000 12,000 993 108% - - Total Operating Expenses - - 24,853 23,000 23,000 1,853 108% - - (16)% (3)% Total Salaries & Benefits 207,998 176,950 168,184 Total Expenses - - 173,480 176,287 176,287 (2,807) 98% - - Percent of year completed RECREATION COMMUNITY EVENTS AND VOLUNTEERS 100.00% YEAR-END DECEMBER 31, 2017 SUMMARY BY EXPENDITURE TYPE ACTUAL BUDGET COMPARISON OF RESULTS 2015 2016 2017 2017 ANNUAL 2017 ALLOCATED ACTUAL OVER/(UNDER) % EXPENDED % CHANGE ALLOCATED BDGT 2015/2016 2016/2017 11 Salaries 148,037 117,236 110,196 111,432 111,432 (1,236) 99% (21)% (6)% 12 Extra Labor - 8,032 6,310 15,150 15,150 (8,840) 42% - (21)% 13 Overtime 1,845 1,133 1,943 2,322 2,322 (379) 84% (39)% 72% 21 FICA 11,298 10,027 8,607 9,467 9,467 (860) 91% (11)% (14)% 23 Pension-PERS/PSERS 15,087 12,902 13,786 13,377 13,377 409 103% (14)% 7% 24 Industrial Insurance 2,841 3,424 3,806 3,780 3,780 26 101% 21% 11% 25 Medical & Dental 28,889 24,195 23,536 21,382 21,382 2,154 110% (16)% (3)% Total Salaries & Benefits 207,998 176,950 168,184 176,910 176,910 (8,726) 95% (15)% (5)% 31 Supplies 19,610 22,381 16,737 25,400 25,400 (8,663) 66% 14% (25)% 41 Professional Services 45,650 39,906 37,942 58,400 58,400 (20,458) 65% (13)% (5)% 42 Communication 661 - - 500 500 (500) - - - 43 Travel 250 278 358 600 600 (242) 60% 11% 29% 44 Advertising 10,423 4,356 4,762 10,500 10,500 (5,738) 45% (58)% 9% 45 Rentals and Leases 4,103 5,224 5,706 6,800 6,800 (1,094) 84% 27% 9% 49 Miscellaneous 1,112 1,093 1,685 2,550 2,550 (865) 66% (2)% 54% Total Operating Expenses 81,809 73,239 67,191 104,750 104,750 (37,559) 64% (10)% (8)% Total Expenses 289,808 250,188 235,374 281,660 281,660 (46,286) 84% (14)% (6)% Percent of year completed 100.00% 63 RECREATION PLANNING AND BUSINESS OPERATIONS YEAR-END DECEMBER 31, 2017 SUMMARY BY EXPENDITURE TYPE ACTUAL BUDGET COMPARISON OF RESULTS 2015 2016 2017 2017 ANNUAL 2017 ALLOCATED ACTUAL OVER/(UNDER) % CHANGE ALLOCATED BDGT °/ EXPENDED 2015/2016 2016/2017 11 Salaries - - 201,446 237,624 237,624 (36,178) 85% - - 13 Overtime - - 1,142 464 464 678 246% - - 21 FICA - - 15,381 18,119 18,119 (2,738) 85% - - 23 Pension-PERS/PSERS- - 20,675 28,529 28,529 (7,854) 72% - - 24 Industrial Insurance- - 2,061 3,440 3,440 (1,379) 60% - - 25 Medical & Dental- - 46,322 63,043 63,043 (16,721) 73% - - 28 Uniform/Clothing- - 225 230 230 (5) 98% - - Total Salaries & Benefits - - 287,253 351,449 351,449 (64,196) 82% - - 31 Supplies - - 10,194 6,800 6,800 3,394 150% - - 41 Professional Services - - 151 3,000 3,000 (2,849) 5% - - 42 Communication - - 2,229 8,800 8,800 (6,571) 25% - - 43 Travel - - 1,026 1,400 1,400 (374) 73% - - 44 Advertising- - - 500 500 (500) - - - 45 Rentals and Leases - - 26,823 39,610 39,610 (12,787) 68% - - 48 Repairs and Maintenance - - 7,855 19,700 19,700 (11,845) 40% - - 49 Miscellaneous - - 27,538 29,300 29,300 (1,762) 94% - - Total Operating Expenses - - 75,816 109,110 109,110 (33,294) 69% - - Total Expenses - - 363,069 460,559 460,559 (97,490) 79% - - Percent of year completed 64 100.00% RECREATION RENTAL OPERATIONS YEAR-END DECEMBER 31, 2017 SUMMARY BY EXPENDITURE TYPE ACTUAL BUDGET COMPARISON OF RESULTS 2015 2016 2017 2017 ANNUAL 2017 ALLOCATED ACTUAL OVER/(UNDER) EXPENDED % CHANGE ALLOCATED BDGT 2015/2016 2016/2017 11 Salaries 357,179 337,215 123,451 127,029 127,029 (3,578) 97% (6)% (63)% 12 Extra Labor- 51,004 55,986 61,620 61,620 (5,634) 91% - 10% 13 Overtime 4,586 4,205 1,082 929 929 153 116% (8)% (74)% 21 FICA 27,302 29,739 13,619 14,317 14,317 (698) 95% 9% (54)% 23 Pension-PERS/PSERS 36,580 42,570 18,619 15,254 15,254 3,365 122% 16% (56)% 24 Industrial Insurance 5,591 10,111 6,488 9,044 9,044 (2,556) 72% 81% (36)% 25 Medical & Dental 81,857 84,698 31,206 31,848 31,848 (642) 98% 3% (63)% 28 Uniform/Clothing 197 - -- - - - - - Total Salaries & Benefits 513,293 559,542 250,450 260,041 260,041 (9,591) 96% 9% (55)% 31 Supplies 38,567 35,817 10,005 10,300 10,300 (295) 97% (7)% (72)% 34 Items Purchased for resale 21,924 23,434 20,530 22,000 22,000 (1,470) 93% 7% (12)% 41 Professional Services- 3,460 - 5,400 5,400 (5,400) - - - 42 Communication 2,928 7,872 -- - - 169% - 43 Travel 1,056 291 264 325 325 (61) 81% (72)% (9)% 44 Advertising 6,108 6,192 6,253 6,700 6,700 (447) 93% 1% 1% 45 Rentals and Leases 41,938 23,943 351 2,000 2,000 (1,649) 18% (43)% (99)% 48 Repairs and Maintenance 15,509 19,822 741 1,500 1,500 (759) 49% 28% (96)% 49 Miscellaneous 25,133 24,050 1,497 3,700 3,700 (2,203) 40% (4)% (94)% Total Operating Expenses 153,165 144,882 39,641 51,925 51,925 (12,284) 76% (5)% (73)% Total Expenses 666,457 704,424 290,091 311,966 311,966 (21,875) 93% 6% (59)% Percent of year completed 100.00% 65 COMMUNITY DEVELOPMENT CITY OF TUKWILA GENERAL FUND EXPENDITURES YEAR-END DECEMBER 31, 2017 SUMMARY BY EXPENDITURE TYPE ACTUAL BUDGET COMPARISON OF RESULTS 2015 2016 2017 2017 ANNUAL 2017 ALLOCATED ACTUAL OVER/(UNDER) ACTUAL % CHANGE ALLOCATED BDGT % EXPENDED 2015/2016 2016/2017 11 Salaries 1,760,889 1,934,610 2,028,438 2,108,057 2,108,057 (79,619) 96% 10% 5% 12 Extra Labor 98,192 66,250 53,079 51,074 51,074 2,005 104% (33)% (20)% 13 Overtime 6,103 3,165 6,796 11,094 11,094 (4,298) 61% (48)% 115% 21 FICA 139,893 149,893 156,066 166,064 166,064 (9,998) 94% 7% 4% 23 Pension-PERS/PSERS 184,837 219,685 243,041 254,047 254,047 (11,006) 96% 19% 11% 24 Industrial Insurance 13,543 15,261 15,762 23,960 23,960 (8,198) 66% 13% 3% 25 Medical & Dental 292,722 343,748 369,897 417,425 417,425 (47,528) 89% 17% 8% 26 Unemployment 351 - -- 95% - - - - - 28 Uniform/Clothing 99 551 610 2,975 2,975 (2,365) 21% 459% 11% Total Salaries & Benefits 2,496,628 2,733,164 2,873,690 3,034,696 3,034,696 (161,006) 95% 9% 5% 31 Supplies 45,774 35,947 61,802 37,180 37,180 24,622 166% (21)% 72% 35 Small Tools 439 - 181 500 500 (319) 36% - - 41 Professional Services 389,705 223,024 242,200 253,400 253,400 (11,200) 96% (43)% 9% 42 Communication 4,056 4,548 9,633 6,500 6,500 3,133 148% 12% 112% 43 Travel 5,887 5,682 5,054 13,800 13,800 (8,746) 37% (3)% (11)% 44 Advertising 411 - 303 - - 303 - - - 45 Rentals and Leases 19,604 17,551 16,836 12,800 12,800 4,036 132% (10)% (4)% 47 Public Utilities 911 1,704 2,662 2,500 2,500 162 106% 87% 56% 48 Repairs and Maintenance 52,190 60,192 11,404 51,185 51,185 (39,781) 22% 15% (81)% 49 Miscellaneous 69,887 112,657 51,852 152,777 152,777 (100,925) 34% 61% (54)% 51 Inter -Governmental 11,264 15,408 7,642 8,000 8,000 (359) 96% 37% (50)% 53 Ext Taxes, Oper Assess 1 1 289 - - 289 - 100% 23960% Total Operating Expenses 600,129 476,715 409,857 538,642 538,642 (128,785) 76% (21)% (14)% Total Expenses 3,096,757 3,209,879 3,283,547 3,573,338 3,573,338 (289,791) 92% 4% 2% Percent of year completed COMMUNITY DEVELOPMENT DIVISION SUMMARY 100.00% YEAR-END DECEMBER 31, 2017 Percent of year completed 66 100.00% ACTUAL BUDGET COMPARISON OF RESULTS ACTUAL SUMMARY BY DIVISION OVER/(UNDER) % CHANGE 2017 ALLOCATED % 2015 2016 2017 2017 ANNUAL ALLOCATED BDGT EXPENDED 2015/2016 2016/2017 ADMINISTRATION 350,136 341,670 353,189 363,988 363,988 (10,799) 97% (2)% 3% CODE ENFORCEMENT 359,524 392,069 389,566 469,930 469,930 (80,364) 83% 9% (1)% PERMIT CENTER 442,945 445,636 359,905 399,556 399,556 (39,651) 90% 1% (19)% BUILDING, PERMIT AND PLAN REVIEN 621,449 723,733 714,434 815,025 815,025 (100,591) 88% 16% (1)% PLANNING 1,221,395 1,036,220 1,169,715 1,233,070 1,233,070 (63,355) 95% (15)% 13% RECYCLING PROGRAM 48,526 44,951 45,304 46,000 46,000 (696) 98% (7)% 1% TDM PROGRAM 52,783 225,600 251,434 245,769 245,769 5,665 102% 327% 11% Total Expenses 3,096,757 3,209,879 3,283,547 3,573,338 3,573,338 (289,791) 92% 4% 2% Percent of year completed 66 100.00% COMMUNITY DEVELOPMENT ADMINISTRATION YEAR-END DECEMBER 31, 2017 SUMMARY BY EXPENDITURE TYPE ACTUAL BUDGET COMPARISON OF RESULTS 2015 2016 2017 2017 ANNUAL 2017 ALLOCATED ACTUAL OVER/(UNDER) % CHANGE ALLOCATED BDGT % EXPENDED 2015/2016 2016/2017 11 Salaries 223,474 226,899 231,832 230,470 230,470 1,362 101% 2% 2% 13 Overtime 725 - 2,409 1,114 1,114 1,295 216% - - 21 FICA 15,142 15,196 16,128 15,422 15,422 706 105% 0% 6% 23 Pension-PERS/PSERS 22,748 25,251 27,874 27,668 27,668 206 101% 11% 10% 24 Industrial Insurance 545 583 526 706 706 (180) 75% 7% (10)% 25 Medical & Dental 48,123 43,643 41,659 48,628 48,628 (6,969) 86% (9)% (5)% Total Salaries & Benefits 310,758 311,572 320,428 324,008 324,008 (3,580) 99% 0% 3% 31 Supplies 19,359 16,103 21,268 9,680 9,680 11,588 220% (17)% 32% 41 Professional Services 11,258 750 107 13,000 13,000 (12,893) 1% (93)% (86)% 43 Travel 831 2,042 824 500 500 324 165% 146% (60)% 45 Rentals and Leases 5,377 7,590 4,573 4,800 4,800 (227) 95% 41% (40)% 48 Repairs and Maintenance 943 1,289 1,247 500 500 747 249% 37% (3)% 49 Miscellaneous 1,610 2,323 4,453 11,500 11,500 (7,047) 39% 44% 92% 53 Ext Taxes, Assessments 1 1 289 - - 289 - 100% 23960% Total Operating Expenses 39,379 30,098 32,761 39,980 39,980 (7,219) 82% (24)% 9% 49 Miscellaneous 1,154 1,099 9,650 53,427 53,427 (43,777) 18% (5)% 778% Total Expenses 350,136 341,670 353,189 363,988 363,988 (10,799) 97% (2)% 3% Percent of year completed COMMUNITY DEVELOPMENT CODE ENFORCEMENT 100.00% YEAR-END DECEMBER 31, 2017 SUMMARY BY EXPENDITURE TYPE ACTUAL BUDGET COMPARISON OF RESULTS 2015 2016 2017 2017 ANNUAL 2017 ALLOCATED ACTUAL OVER/(UNDER) % CHANGE ALLOCATED BDGT % EXPENDED 2015/2016 2016/2017 11 Salaries 232,376 242,138 247,096 267,047 267,047 (19,951) 93% 4% 2% 12 Extra Labor - 17,540 980 5,574 5,574 (4,594) 18% - (94)% 13 Overtime 2,169 - 145 2,786 2,786 (2,641) 5% - - 21 FICA 17,943 19,865 19,162 21,146 21,146 (1,984) 91% 11% (4)% 23 Pension-PERS/PSERS 23,935 28,173 27,996 31,766 31,766 (3,770) 88% 18% (1)% 24 Industrial Insurance 6,165 6,354 5,421 8,732 8,732 (3,311) 62% 3% (15)% 25 Medical & Dental 35,728 56,159 62,851 68,628 68,628 (5,777) 92% 57% 12% 28 Uniform/Clothing - 392 428 475 475 (47) 90% - 9% Total Salaries & Benefits 318,315 370,622 364,079 406,154 406,154 (42,075) 90% 16% (2)% 31 Supplies 329 1,963 5,135 500 500 4,635 1027% 496% 162% 41 Professional Services 26,955 8,905 68 - - 68 - (67)% (99)% 42 Communication 2,881 3,062 2,592 3,000 3,000 (408) 86% 6% (15)% 43 Travel 1,173 39 1,003 600 600 403 167% (97)% 2472% 45 Rentals and Leases 7,805 4,675 4,378 3,749 3,749 629 117% (40)% (6)% 47 Public Utilities 911 1,704 2,662 2,500 2,500 162 106% 87% 56% 49 Miscellaneous 1,154 1,099 9,650 53,427 53,427 (43,777) 18% (5)% 778% Total Operating Expenses 41,209 21,447 25,488 63,776 63,776 (38,288) 40% (48)% 19% Total Expenses 359,524 392,069 389,566 469,930 469,930 (80,364) 83% 9% (1)% Percent of year completed 100.00% 67 COMMUNITY DEVELOPMENT PERMIT CENTER YEAR-END DECEMBER 31, 2017 SUMMARY BY EXPENDITURE TYPE ACTUAL BUDGET COMPARISON OF RESULTS 2015 2016 2017 2017 ANNUAL 2017 ALLOCATED ACTUAL OVER/(UNDER) % CHANGE ALLOCATED BDGT % EXPENDED 2015/2016 2016/2017 11 Salaries 243,475 247,083 204,989 205,279 205,279 (290) 100% 1% (17)% 13 Overtime - 110 116 1,847 1,847 (1,731) 6% - 5% 21 FICA 18,628 18,912 15,567 15,857 15,857 (290) 98% 2% (18)% 23 Pension-PERS/PSERS 23,932 27,292 24,311 24,651 24,651 (340) 99% 14% (11)% 24 Industrial Insurance 1,031 1,007 742 1,059 1,059 (317) 70% (2)% (26)% 25 Medical & Dental 57,135 65,671 59,947 60,663 60,663 (716) 99% 15% (9)% Total Salaries & Benefits 344,202 360,074 305,671 309,356 309,356 (3,685) 99% 5% (15)% 31 Supplies 2,357 2,227 2,475 3,000 3,000 (525) 83% (6)% 11% 41 Professional Services 24,001 7,013 23,398 10,000 10,000 13,398 234% (71)% 234% 42 Communication - 493 622 - - 622 - - 26% 43 Travel 1,913 730 796 3,700 3,700 (2,904) 22% (62)% 9% 48 Repairs and Maintenance 43,116 50,800 5,920 42,000 42,000 (36,080) 14% 18% (88)% 49 Miscellaneous 27,356 24,301 21,024 31,500 31,500 (10,476) 67% (11)% (13)% Total Operating Expenses 98,743 85,563 54,234 90,200 90,200 (35,966) 60% (13)% (37)% 48 Repairs and Maintenance - - - 550 550 (550) - - - Total Expenses 442,945 445,636 359,905 399,556 399,556 (39,651) 90% 1% (19)% Percent of year completed COMMUNITY DEVELOPMENT BUILDING, PERMIT AND PLAN REVIEW 100.00% YEAR-END DECEMBER 31, 2017 SUMMARY BY EXPENDITURE TYPE ACTUAL BUDGET COMPARISON OF RESULTS 2015 2016 2017 2017 ANNUAL 2017 ALLOCATED ACTUAL OVER/(UNDER) % CHANGE ALLOCATED BDGT % EXPENDED 2015/2016 2016/2017 11 Salaries 294,319 389,918 436,254 494,054 494,054 (57,800) 88% 32% 12% 13 Overtime 2,292 2,485 2,853 3,500 3,500 (647) 82% 8% 15% 21 FICA 22,340 29,665 33,253 38,027 38,027 (4,774) 87% 33% 12% 23 Pension-PERS/PSERS 30,099 43,314 50,949 60,553 60,553 (9,604) 84% 44% 18% 24 Industrial Insurance 3,008 4,404 5,968 9,261 9,261 (3,293) 64% 46% 36% 25 Medical & Dental 52,471 70,095 85,020 104,579 104,579 (19,559) 81% 34% 21% 28 Uniform/Clothing 99 159 183 2,500 2,500 (2,317) 7% 61% 15% Total Salaries & Benefits 404,627 540,040 614,480 712,474 712,474 (97,994) 86% 33% 14% 31 Supplies 7,597 5,489 2,078 3,000 3,000 (922) 69% (28)% (62)% 35 Small Tools 439 - 181 500 500 (319) 36% - - 41 Professional Services 179,163 145,022 79,015 83,400 83,400 (4,385) 95% (19)% (46)% 42 Communication 662 993 6,420 500 500 5,920 1284% 50% 547% 43 Travel 195 817 336 1,500 1,500 (1,164) 22% 319% (59)% 45 Rentals and Leases 6,422 5,287 7,885 4,251 4,251 3,634 185% (18)% 49% 48 Repairs and Maintenance - - - 550 550 (550) - - - 49 Miscellaneous 22,344 26,085 4,039 8,850 8,850 (4,811) 46% 17% (85)% Total Operating Expenses 216,822 183,693 99,954 102,551 102,551 (2,597) 97% (15)% (46)% Total Expenses 621,449 723,733 714,434 815,025 815,025 (100,591) 88% 16% (1)% Percent of year completed 68 100.00% COMMUNITY DEVELOPMENT PLANNING YEAR-END DECEMBER 31, 2017 SUMMARY BY EXPENDITURE TYPE ACTUAL BUDGET COMPARISON OF RESULTS 2015 2016 2017 2017 ANNUAL 2017 ALLOCATED ACTUAL OVER/(UNDER) % CHANGE ALLOCATED BDGT % EXPENDED 2015/2016 2016/2017 11 Salaries 757,437 739,180 800,489 794,661 794,661 5,828 101% (2)% 8% 12 Extra Labor 68,813 12,993 11,347 45,500 45,500 (34,153) 25% (81)% (13)% 13 Overtime 917 570 1,273 1,847 1,847 (574) 69% (38)% 123% 21 FICA 62,900 56,815 60,716 66,697 66,697 (5,981) 91% (10)% 7% 23 Pension-PERS/PSERS 80,147 81,668 94,364 95,419 95,419 (1,055) 99% 2% 16% 24 Industrial Insurance 2,616 2,246 2,294 3,000 3,000 (706) 76% (14)% 2% 25 Medical & Dental 98,195 99,217 110,779 116,811 116,811 (6,032) 95% 1% 12% 26 Unemployment 351 - -- 30,000 - - - - - Total Salaries & Benefits 1,071,377 992,689 1,081,264 1,123,935 1,123,935 (42,671) 96% (7)% 9% 31 Supplies 4,551 4,932 6,106 8,000 8,000 (1,894) 76% 8% 24% 41 Professional Services 124,188 19,880 70,734 64,000 64,000 6,734 111% (84)% 256% 42 Communication 42 - - 3,000 3,000 (3,000) - - - 43 Travel 974 749 1,918 2,000 2,000 (82) 96% (23)% 156% 48 Repairs and Maintenance 8,132 8,104 4,237 8,135 8,135 (3,898) 52% (0)% (48)% 49 Miscellaneous 12,130 9,866 5,456 24,000 24,000 (18,544) 23% (19)% (45)% Total Operating Expenses 150,018 43,531 88,451 109,135 109,135 (20,684) 81% (71)% 103% Total Expenses 1,221,395 1,036,220 1,169,715 1,233,070 1,233,070 (63,355) 95% (15)% 13% Percent of year completed COMMUNITY DEVELOPMENT RECYCLING PROGRAM 100.00% YEAR-END DECEMBER 31, 2017 SUMMARY BY EXPENDITURE TYPE ACTUAL BUDGET COMPARISON OF RESULTS 2015 2016 2017 2017 ANNUAL 2017 ALLOCATED ACTUAL OVER/(UNDER) % CHANGE ALLOCATED BDGT % EXPENDED 2015/2016 2016/2017 11 Salaries 9,693 10,531 5,902 - - 5,902 - 9% (44)% 21 FICA 684 730 436 - - 436 - 7% (40)% 23 Pension-PERS/PSERS 959 1,177 707 - - 707 - 23% (40)% 24 Industrial Insurance 31 36 22 - - 22 - 17% (41)% 25 Medical & Dental 1,068 913 49 - - 49 - (14)% (95)% Total Salaries & Benefits 12,435 13,389 7,116 - - 7,116 - 8% (47)% 31 Supplies 11,579 4,009 6,194 9,000 9,000 (2,806) 69% (65)% 55% 41 Professional Services 20,319 21,933 28,284 30,000 30,000 (1,716) 94% 8% 29% 42 Communication 471 - -- - - - - - 44 Advertising 411 - 303 - - 303 - - - 49 Miscellaneous 3,309 5,620 3,407 7,000 7,000 (3,593) 49% 70% (39)% Total Operating Expenses 36,090 31,562 38,188 46,000 46,000 (7,812) 83% (13)% 21% Total Expenses 48,526 44,951 45,304 46,000 46,000 (696) 98% (7)% 1% Percent of year completed 100.00% 69 COMMUNITY DEVELOPMENT TDM PROGRAM YEAR-END DECEMBER 31, 2017 SUMMARY BY EXPENDITURE TYPE ACTUAL BUDGET COMPARISON OF RESULTS 2015 2016 2017 2017 ANNUAL 2017 ALLOCATED ACTUAL OVER/(UNDER) % EXPENDED % CHANGE ALLOCATED BDGT 2015/2016 2016/2017 11 Salaries 115 78,861 101,876 116,546 116,546 (14,670) 87% 68727% 29% 12 Extra Labor 29,378 35,717 40,752 - - 40,752 - 22% 14% 21 FICA 2,256 8,709 10,804 8,915 8,915 1,889 121% 286% 24% 23 Pension-PERS/PSERS 3,017 12,810 16,840 13,990 13,990 2,850 120% 325% 31% 24 Industrial Insurance 147 630 789 1,202 1,202 (413) 66% 329% 25% 25 Medical & Dental 2 8,050 9,591 18,116 18,116 (8,525) 53% 484830% 19% Total Salaries & Benefits 34,914 144,778 180,652 158,769 158,769 21,883 114% 315% 25% 31 Supplies- 1,225 18,546 4,000 4,000 14,546 464% - 1414% 41 Professional Services 3,821 19,522 40,593 53,000 53,000 (12,407) 77% 411% 108% 43 Travel 800 1,305 177 5,500 5,500 (5,323) 3% 63% (86)% 49 Miscellaneous 1,984 43,361 3,823 16,500 16,500 (12,677) 23% 2085% (91)% 51 Inter -Governmental 11,264 15,408 7,642 8,000 8,000 (359) 96% 37% (50)% Total Operating Expenses 17,869 80,821 70,781 87,000 87,000 (16,219) 81% 352% (12)% Total Expenses 52,783 225,600 251,434 245,769 245,769 5,665 102% 327% 11% Percent of year completed 70 100.00% MUNICIPAL COURT CITY OF TUKWILA GENERAL FUND EXPENDITURES YEAR-END DECEMBER 31, 2017 SUMMARY BY EXPENDITURE TYPE ACTUAL BUDGET COMPARISON OF RESULTS 2015 2016 2017 2017 ANNUAL 2017 ALLOCATED ACTUAL OVER/(UNDER) % CHANGE ALLOCATED BDGT EXPENDED 2015/2016 2016/2017 11 Salaries 696,865 700,436 756,510 756,312 756,312 198 100% 1% 8% 12 Extra Labor 10,494 20,547 558 4,180 4,180 (3,622) 13% 96% (97)% 13 Overtime 889 2,518 - 4,661 4,661 (4,661) - 183% - 21 FICA 52,452 53,853 56,413 57,112 57,112 (699) 99% 3% 5% 23 Pension-PERS/PSERS 72,792 81,080 90,172 90,616 90,616 (444) 100% 11% 11% 24 Industrial Insurance 2,720 2,758 2,605 3,477 3,477 (873) 75% 1% (6)% 25 Medical & Dental 141,397 152,270 163,622 185,542 185,542 (21,920) 88% 8% 7% 26 Unemployment- 1,930 - - - - - - - Total Salaries & Benefits 977,610 1,015,392 1,069,880 1,101,900 1,101,900 (32,020) 97% 4% 5% 31 Supplies 13,704 12,446 15,234 14,283 14,283 951 107% (9)% 22% 35 Small Tools 2,932 542 953 - - 953 - (82)% 76% 41 Professional Services 90,196 97,928 97,904 105,000 105,000 (7,096) 93% 9% (0)% 42 Communication 6,777 5,186 9,083 24,150 24,150 (15,067) 38% (23)% 75% 43 Travel 6,737 3,419 9,391 10,000 10,000 (609) 94% (49)% 175% 45 Rentals and Leases 2,087 2,244 7,653 2,000 2,000 5,653 383% 8% 241% 48 Repairs and Maintenance 294 521 348 2,300 2,300 (1,952) 15% 77% (33)% 49 Miscellaneous 23,444 17,723 22,729 23,170 23,170 (441) 98% (24)% 28% 53 Ext Taxes, Assessments 2 - - 5 5 (5) - - - 64 Miscellaneous 70,275 - - 25,000 25,000 (25,000) - - - Total Operating Expenses 216,449 140,008 163,294 205,908 205,908 (42,614) 79% (35)% 17% Total Expenses 1,194,059 1,155,400 1,233,173 1,307,808 1,307,808 (74,635) 94% (3)% 7% Percent of year completed 108.33% 71 POLICE CITY OF TUKWILA GENERAL FUND EXPENDITURES YEAR-END DECEMBER 31, 2017 SUMMARY BY EXPENDITURE TYPE ACTUAL BUDGET COMPARISON OF RESULTS 2015 2016 2017 2017 ANNUAL 2017 ALLOCATED ACTUAL OVER/(UNDER) % CHANGE ALLOCATED BDGT EXPENDED 2015/2016 2016/2017 11 Salaries 8,473,572 8,418,712 8,700,593 9,003,291 9,003,291 (302,698) 97% (1)% 3% 12 Extra Labor -- 2,147,558 858 - - 858 - - - 13 Overtime 1,006,111 925,216 845,730 928,495 928,495 (82,765) 91% (8)% (9)% 15 Holiday/Kelly Payoff - 207,947 211,499 201,063 201,063 10,436 105% - 2% 21 FICA 707,583 714,068 736,012 756,032 756,032 (20,020) 97% 1% 3% 22 Pension-LEOFF 2 452,387 434,207 450,010 472,077 472,077 (22,068) 95% (4)% 4% 23 Pension-PERS/PSERS 113,944 130,199 143,903 146,051 146,051 (2,148) 99% 14% 11% 24 Industrial Insurance 198,661 212,221 189,411 273,809 273,809 (84,398) 69% 7% (11)% 25 Medical & Dental 1,759,880 1,838,770 1,792,979 1,933,791 1,933,791 (140,812) 93% 4% (2)% 26 Unemployment 143 12,871 8,932 -- 118,852 8,932 - 8895% (31)% Total Salaries & Benefits 12,712,281 12,894,210 13,079,927 13,714,609 13,714,609 (634,682) 95% 1% 1% 31 Supplies 173,923 236,759 273,755 180,850 180,850 92,905 151% 36% 16% 35 Small Tools 7,592 629 41,127 15,600 15,600 25,527 264% (92)% 6436% 41 Professional Services 61,181 63,438 52,781 70,000 70,000 (17,219) 75% 4% (17)% 42 Communication 89,997 105,106 116,565 121,000 121,000 (4,435) 96% 17% 11% 43 Travel 39,493 52,985 47,434 41,880 41,880 5,554 113% 34% (10)% 44 Advertising - 811 453 1,500 1,500 (1,047) 30% - (44)% 45 Rentals and Leases 1,120,521 873,932 795,836 896,843 896,843 (101,007) 89% (22)% (9)% 46 Insurance 240,000 240,000 230,223 230,223 230,223- 100% 0% (4)% 47 Public Utilities 2,832 2,518 3,499 - - 3,499 - (11)% 39% 48 Repairs and Maintenance 177,439 153,985 65,943 188,922 188,922 (122,979) 35% (13)% (57)% 49 Miscellaneous 76,427 71,454 83,057 79,641 79,641 3,416 104% (7)% 16% 51 Inter -Governmental 2,211,149 2,453,692 2,690,518 2,747,024 2,747,024 (56,506) 98% 11% 10% 64 Machinery & Equipment - 706,179 (0) -- (0) - - (100)% Total Operating Expenses 4,200,553 4,961,487 4,401,191 4,573,483 4,573,483 (172,292) 96% 18% (11)% Total Expenses 16,912,835 17,855,697 17,481,118 18,288,092 18,288,092 (806,974) 96% 6% (2)% Percent of year completed POLICE DIVISION SUMMARY 100.00% YEAR-END DECEMBER 31, 2017 SUMMARY BY DIVISION ACTUAL BUDGET COMPARISON OF RESULTS 2015 2016 2017 2017 ANNUAL 2017 ALLOCATED ACTUAL OVER/(UNDER) % CHANGE ALLOCATED BDGT EXPENDED 2015/2016 2016/2017 ADMINISTRATION 1,632,772 2,338,192 1,944,349 1,794,634 1,794,634 149,715 108% 43% (17)% INVESTIGATION 2,194,099 2,281,507 2,149,103 2,147,558 2,147,558 1,545 100% 4% (6)% PATROL 6,488,340 6,387,402 6,382,306 6,506,261 6,506,261 (123,955) 98% (2)% (0)% RECORDS/EVIDENCE 990,866 1,119,000 1,112,197 1,217,212 1,217,212 (105,015) 91% 13% (1)% ANTI-CRIME 812,696 642,153 812,805 846,734 846,734 (33,929) 96% (21)% 27% PROFESSIONAL STANDARDS 1,688,764 1,754,667 1,465,834 2,021,287 2,021,287 (555,453) 73% 4% (16)% TRAINING 303,954 280,342 286,589 287,102 287,102 (513) 100% (8)% 2% TRAFFIC 568,804 576,865 525,322 591,180 591,180 (65,858) 89% 1% (9)% FACILITIES -- 112,170 120,000 120,000 (7,830) 93% - - PRISONER CARE & CUSTODY 1,263,902 1,345,809 1,481,620 1,509,914 1,509,914 (28,294) 98% 6% 10% ANIMAL SERVICES 70,735 108,136 111,892 118,852 118,852 (6,960) 94% 53% 3% COMMUNICATION, DISPATCH 897,903 1,015,006 1,096,931 1,127,358 1,127,358 (30,427) 97% 13% 8% SPECIAL SERVICES UNIT - 6,619 - - - - - - - Total Expenses 16,912,835 17,855,697 17,481,118 18,288,092 18,288,092 (806,974) 96% 6% (2)% Percent of year completed 72 100.00% POLICE ADMINISTRATION YEAR-END DECEMBER 31, 2017 SUMMARY BY EXPENDITURE TYPE ACTUAL BUDGET COMPARISON OF RESULTS 2015 2016 2017 2017 ANNUAL 2017 ALLOCATED ACTUAL OVER/(UNDER) % CHANGE ALLOCATED BDGT % EXPENDED 2015/2016 2016/2017 11 Salaries 908,665 904,689 1,113,076 929,989 929,989 183,087 120% (0)% 23% 12 Extra Labor -- 213,719 858 - - 858 - - - 13 Overtime 2,102 - 903 2,923 2,923 (2,020) 31% - - 21 FICA 61,443 59,150 78,187 62,064 62,064 16,123 126% (4)% 32% 22 Pension-LEOFF 43,400 41,221 46,434 46,693 46,693 (259) 99% (5)% 13% 23 Pension-PERS/PSERS 7,451 8,071 18,023 8,855 8,855 9,168 204% 8% 123% 24 Industrial Insurance 12,767 13,047 13,301 18,294 18,294 (4,993) 73% 2% 2% 25 Medical & Dental 130,766 128,512 166,722 155,097 155,097 11,625 107% (2)% 30% 26 Unemployment -- 7,091 7,979 - - 7,979 - - - Total Salaries & Benefits 1,166,595 1,154,691 1,445,484 1,223,915 1,223,915 221,569 118% (1)% 25% 31 Supplies 23,938 21,423 24,987 24,000 24,000 987 104% (11)% 17% 35 Small Tools - 272 6,151 -- 5,000 6,151 - - 2165% 41 Professional Services 9,180 10,900 21,770 15,000 15,000 6,770 145% 19% 100% 42 Communication 28,713 38,534 87,948 121,000 121,000 (33,052) 73% 34% 128% 43 Travel 4,946 5,471 5,866 10,000 10,000 (4,134) 59% 11% 7% 44 Advertising - 798 - 1,100 1,100 (1,100) - - - 45 Rentals and Leases 60,856 55,543 48,489 61,478 61,478 (12,989) 79% (9)% (13)% 46 Insurance 240,000 240,000 230,223 230,223 230,223 - 100% 0% (4)% 48 Repairs and Maintenance 84,930 86,261 53,251 86,518 86,518 (33,267) 62% 2% (38)% 49 Miscellaneous 3,531 4,925 5,448 5,500 5,500 (52) 99% 39% 11% 51 Inter -Governmental 10,084 19,814 14,732 15,900 15,900 (1,168) 93% 96% (26)% 64 Machinery & Equipment - 699,559 (0) -- (0) - - (100)% Total Operating Expenses 466,177 1,183,501 498,865 570,719 570,719 (71,854) 87% 154% (58)% Total Expenses 1,632,772 2,338,192 1,944,349 1,794,634 1,794,634 149,715 108% 43% (17)% Percent of year completed POLICE INVESTIGATION 100.00% YEAR-END DECEMBER 31, 2017 SUMMARY BY EXPENDITURE TYPE ACTUAL BUDGET COMPARISON OF RESULTS 2015 2016 2017 2017 ANNUAL 2017 ALLOCATED ACTUAL OVER/(UNDER) % CHANGE ALLOCATED BDGT % EXPENDED 2015/2016 2016/2017 11 Salaries 1,314,232 1,403,743 1,383,377 1,319,637 1,319,637 63,740 105% 7% (1)% 13 Overtime 165,726 213,719 150,608 173,542 173,542 (22,934) 87% 29% (30)% 21 FICA 110,613 121,185 116,672 113,950 113,950 2,722 102% 10% (4)% 22 Pension-LEOFF 70,312 77,376 73,468 72,920 72,920 548 101% 10% (5)% 23 Pension-PERS/PSERS 13,104 14,586 15,903 15,918 15,918 (15) 100% 11% 9% 24 Industrial Insurance 31,190 36,258 29,504 41,629 41,629 (12,125) 71% 16% (19)% 25 Medical & Dental 238,515 249,748 242,490 264,160 264,160 (21,670) 92% 5% (3)% Total Salaries & Benefits 1,943,692 2,116,615 2,012,021 2,001,756 2,001,756 10,265 101% 9% (5)% 31 Supplies 13,764 7,091 29,313 12,000 12,000 17,313 244% (48)% 313% 41 Professional Services 4,172 3,404 11,957 4,000 4,000 7,957 299% (18)% 251% 42 Communication 1,034 474 7,227 -- 7,227 - (54)% 1425% 43 Travel 7,409 6,351 6,246 5,000 5,000 1,246 125% (14)% (2)% 45 Rentals and Leases 216,206 131,496 79,894 112,302 112,302 (32,408) 71% (39)% (39)% 47 Public Utilities 1,350 1,396 1,338 -- 1,338 - 3% (4)% 48 Repairs and Maintenance 5,656 13,780 330 9,000 9,000 (8,670) 4% 144% (98)% 49 Miscellaneous 816 901 777 3,500 3,500 (2,723) 22% 10% (14)% Total Operating Expenses 250,407 164,892 137,082 145,802 145,802 (8,720) 94% (34)% (17)% Total Expenses 2,194,099 2,281,507 2,149,103 2,147,558 2,147,558 1,545 100% 4% (6)% Percent of year completed 100.00% 73 POLICE PATROL YEAR-END DECEMBER 31, 2017 SUMMARY BY EXPENDITURE TYPE ACTUAL BUDGET COMPARISON OF RESULTS 2015 2016 2017 2017 ANNUAL 2017 ALLOCATED ACTUAL OVER/(UNDER) % CHANGE ALLOCATED BDGT % EXPENDED 2015/2016 2016/2017 11 Salaries 3,661,485 3,456,590 3,596,262 3,599,974 3,599,974 (3,712) 100% (6)% 4% 13 Overtime 459,221 408,792 441,041 553,184 553,184 (112,143) 80% (11)% 8% 15 Holiday Pay - 207,947 211,499 201,063 201,063 10,436 105% - 2% 21 FICA 311,686 310,135 323,558 325,928 325,928 (2,370) 99% (0)% 4% 22 Pension-LEOFF 232,170 209,342 224,608 224,945 224,945 (337) 100% (10)% 7% 23 Pension-PERS/PSERS 2,488 5,400 6,154 6,110 6,110 44 101% 117% 14% 24 Industrial Insurance 102,515 107,152 98,411 131,570 131,570 (33,159) 75% 5% (8)% 25 Medical & Dental 890,724 920,054 855,540 843,096 843,096 12,444 101% 3% (7)% 26 Unemployment - 3,093 (332) -- 29,400 (332) - - (111)% Total Salaries & Benefits 5,660,289 5,628,505 5,756,741 5,885,870 5,885,870 (129,129) 98% (1)% 2% 31 Supplies 45,628 105,280 117,360 59,450 59,450 57,910 197% 131% 11% 35 Small Tools 7,592 358 24,848 600 600 24,248 4141% (95)% 6846% 41 Professional Services 2,825 4,970 3,662 8,000 8,000 (4,338) 46% 76% (26)% 42 Communication 48,069 51,885 5,471 -- - 5,471 - 8% (89)% 43 Travel 269 349 170 500 500 (330) 34% 30% (51)% 45 Rentals and Leases 645,512 550,562 470,934 482,337 482,337 (11,403) 98% (15)% (14)% 48 Repairs and Maintenance 69,373 39,240 1,768 65,404 65,404 (63,636) 3% (43)% (95)% 49 Miscellaneous 8,784 6,253 1,353 4,100 4,100 (2,747) 33% (29)% (78)% Total Operating Expenses 828,050 758,896 625,566 620,391 620,391 5,175 101% (8)% (18)% Total Expenses 6,488,340 6,387,402 6,382,306 6,506,261 6,506,261 (123,955) 98% (2)% (0)% Percent of year completed POLICE RECORDS/EVIDENCE 100.00% YEAR-END DECEMBER 31, 2017 SUMMARY BY EXPENDITURE TYPE ACTUAL BUDGET COMPARISON OF RESULTS 2015 2016 2017 2017 ANNUAL 2017 ALLOCATED ACTUAL OVER/(UNDER) % CHANGE ALLOCATED BDGT % EXPENDED 2015/2016 2016/2017 11 Salaries 619,104 710,267 719,322 785,175 785,175 (65,853) 92% 15% 1% 13 Overtime 68,263 45,205 41,542 32,248 32,248 9,294 129% (34)% (8)% 21 FICA 51,929 57,088 57,699 60,929 60,929 (3,230) 95% 10% 1% 23 Pension-PERS/PSERS 67,963 83,981 89,458 97,109 97,109 (7,651) 92% 24% 7% 24 Industrial Insurance 3,004 3,391 3,164 4,975 4,975 (1,811) 64% 13% (7)% 25 Medical & Dental 123,639 145,446 145,009 167,376 167,376 (22,367) 87% 18% (0)% 26 Unemployment 143 9,778 1,285 -- 1,285 - 6733% (87)% Total Salaries & Benefits 934,044 1,055,156 1,057,480 1,147,812 17,812 (90,332) 92% 13% 0% 31 Supplies 26,215 32,466 15,467 29,400 29,400 (13,933) 53% 24% (52)% 35 Small Tools -- 10,128 15,000 15,000 (4,872) 68% - - 41 Professional Services 7,153 6,234 595 9,000 9,000 (8,405) 7% (13)% (90)% 42 Communication 7,979 4,454 6,109 - - 6,109 - (44)% 37% 43 Travel - 1,469 1,197 - - 1,197 - - (19)% 45 Rentals and Leases 4,584 6,491 3,167 - - 3,167 - 42% (51)% 48 Repairs and Maintenance 10,545 12,047 9,257 13,500 13,500 (4,243) 69% 14% (23)% 49 Miscellaneous 345 683 8,796 2,500 2,500 6,296 352% 98% 1188% Total Operating Expenses 56,821 63,844 54,717 69,400 69,400 (14,683) 79% 12% (14)% Total Expenses 990,866 1,119,000 1,112,197 1,217,212 1,217,212 (105,015) 91% 13% (1)% Percent of year completed 74 100.00% POLICE ANTI-CRIME YEAR-END DECEMBER 31, 2017 SUMMARY BY EXPENDITURE TYPE ACTUAL BUDGET COMPARISON OF RESULTS 2015 2016 2017 2017 ANNUAL 2017 ALLOCATED ACTUAL OVER/(UNDER) % CHANGE ALLOCATED BDGT % EXPENDED 2015/2016 2016/2017 11 Salaries 461,534 358,337 476,118 495,212 495,212 (19,094) 96% (22)% 33% 13 Overtime 85,917 50,151 87,651 58,459 58,459 29,192 150% (42)% 75% 21 FICA 41,790 31,217 43,061 42,311 42,311 750 102% (25)% 38% 22 Pension-LEOFF 28,493 21,257 29,908 29,563 29,563 345 101% (25)% 41% 24 Industrial Insurance 12,180 9,894 11,276 16,666 16,666 (5,390) 68% (19)% 14% 25 Medical & Dental 93,157 78,138 98,355 105,001 105,001 (6,646) 94% (16)% 26% Total Salaries & Benefits 723,071 548,993 746,369 747,212 747,212 (843) 100% (24)% 36% 31 Supplies 693 2,180 4,886 2,000 2,000 2,886 244% 215% 124% 42 Communication 1,409 3,268 3,887 -- 8,300 3,887 - 132% 19% 43 Travel - 68 124 - - 124 - - 83% 45 Rentals and Leases 80,794 74,979 52,295 86,522 86,522 (34,227) 60% (7)% (30)% 48 Repairs and Maintenance 64 - - 1,000 1,000 (1,000) - - - 49 Miscellaneous 6,665 12,665 5,245 10,000 10,000 (4,755) 52% 90% (59)% Total Operating Expenses 89,625 93,159 66,436 99,522 99,522 (33,086) 67% 4% (29)% 48 Repairs and Maintenance 1,806 547 42 1,000 1,000 (958) 4% (70)% (92)% Total Expenses 812,696 642,153 812,805 846,734 846,734 (33,929) 96% (21)% 27% Percent of year completed POLICE PROFESSIONAL STANDARDS 100.00% YEAR-END DECEMBER 31, 2017 SUMMARY BY EXPENDITURE TYPE ACTUAL BUDGET COMPARISON OF RESULTS 2015 2016 2017 2017 ANNUAL 2017 ALLOCATED ACTUAL OVER/(UNDER) % CHANGE ALLOCATED BDGT % EXPENDED 2015/2016 2016/2017 11 Salaries 1,037,111 1,116,440 963,595 1,396,260 1,396,260 (432,665) 69% 8% (14)% 13 Overtime 155,914 147,107 88,187 45,303 45,303 42,884 195% (6)% (40)% 21 FICA 90,442 95,539 80,259 110,001 110,001 (29,742) 73% 6% (16)% 22 Pension-LEOFF 54,130 61,070 51,469 72,707 72,707 (21,238) 71% 13% (16)% 23 Pension-PERS/PSERS 15,698 10,144 10,444 10,201 10,201 243 102% (35)% 3% 24 Industrial Insurance 24,492 29,171 23,142 44,361 44,361 (21,219) 52% 19% (21)% 25 Medical & Dental 205,422 232,536 202,007 308,300 308,300 (106,293) 66% 13% (13)% Total Salaries & Benefits 1,583,210 1,692,007 1,419,103 1,987,133 1,987,133 (568,030) 71% 7% (16)% 31 Supplies 17,699 20,221 27,450 8,300 8,300 19,150 331% 14% 36% 42 Communication 2,264 6,457 4,698 -- 4,698 - 185% (27)% 43 Travel 1,408 5,451 (15) -- (15) - 287% (100)% 44 Advertising - 13 453 400 400 53 113% - 3294% 45 Rentals and Leases 80,125 26,822 12,778 19,854 19,854 (7,076) 64% (67)% (52)% 47 Public Utilities 1,481 1,122 1,196 -- 1,196 - (24)% 7% 48 Repairs and Maintenance 1,806 547 42 1,000 1,000 (958) 4% (70)% (92)% 49 Miscellaneous 772 2,028 130 4,600 4,600 (4,470) 3% 163% (94)% Total Operating Expenses 105,554 62,661 46,730 34,154 34,154 12,576 137% (41)% (25)% Total Expenses 1,688,764 1,754,667 1,465,834 2,021,287 2,021,287 (555,453) 73% 4% (16)% Percent of year completed 100.00% 75 POLICE TRAINING YEAR-END DECEMBER 31, 2017 SUMMARY BY EXPENDITURE TYPE ACTUAL BUDGET COMPARISON OF RESULTS SUMMARY BY EXPENDITURE 2015 2016 2017 2017 ANNUAL 2017 ALLOCATED ACTUAL OVER/(UNDER) % CHANGE ALLOCATED BDGT °A EXPENDED 2015/2016 2016/2017 11 Salaries 114,157 98,993 102,015 100,189 100,189 1,826 102% (13)% 3% 13 Overtime 22,764 22,050 9,232 15,500 15,500 (6,268) 60% (3)% (58)% 21 FICA 9,326 9,034 8,337 8,667 8,667 (331) 96% (3)% (8)% 22 Pension-LEOFF 6,268 6,299 6,080 6,174 6,174 (94) 98% 1% (3)% 24 Industrial Insurance 2,433 2,734 2,309 3,413 3,413 (1,104) 68% 12% (16)% 25 Medical & Dental 14,126 18,610 18,372 20,038 20,038 (1,666) 92% 32% (1)% Total Salaries & Benefits 169,073 157,721 146,346 153,981 153,981 (7,635) 95% (7)% (7)% 31 Supplies 41,575 40,508 45,708 41,100 41,100 4,608 111% (3)% 13% 41 Professional Services 6,377 2,857 140 9,000 9,000 (8,860) 2% (55)% (95)% 42 Communication 530 - 1,225 -- 1,225 - - - 43 Travel 25,462 33,825 33,847 26,380 26,380 7,467 128% 33% 0% 45 Rentals and Leases 5,523 1,150 1,479 5,200 5,200 (3,721) 28% (79)% 29% 48 Repairs and Maintenance 276 306 - 2,500 2,500 (2,500) - 11% - 49 Miscellaneous 55,138 43,976 57,844 48,941 48,941 8,903 118% (20)% 32% Total Operating Expenses 134,881 122,622 140,243 133,121 133,121 7,122 105% (9)% 14% Total Expenses 303,954 280,342 286,589 287,102 287,102 (513) 100% (8)% 2% Percent of year completed POLICE FACILITIES 100.00% YEAR-END DECEMBER 31, 2017 Percent of year completed 76 100.00% ACTUAL BUDGET COMPARISON OF RESULTS SUMMARY BY EXPENDITURE ACTUAL TYPE 2017 OVER/(UNDER) % CHANGE ALLOCATED % 2015 2016 2017 2017 ANNUAL ALLOCATED BDGT EXPENDED 2015/2016 2016/2017 45 Rentals and Leases -- 110,099 120,000 120,000 (9,901) 92% - - 47 Public Utilities - - 965 - - 965 - - - 49 Miscellaneous -- 1,106 - - 1,106 - - - Total Operating Expenses - - 112,170 120,000 120,000 (7,830) 93% - - Total Expenses - - 112,170 120,000 120,000 (7,830) 93% - - Percent of year completed 76 100.00% POLICE TRAFFIC YEAR-END DECEMBER 31, 2017 SUMMARY BY EXPENDITURE TYPE ACTUAL BUDGET COMPARISON OF RESULTS 2015 2016 2017 2017 ANNUAL 2017 ALLOCATED ACTUAL OVER/(UNDER) % CHANGE ALLOCATED BDGT % EXPENDED 2015/2016 2016/2017 11 Salaries 357,284 369,652 346,827 376,855 376,855 (30,028) 92% 3% (6)% 13 Overtime 46,204 38,191 26,565 47,336 47,336 (20,771) 56% (17)% (30)% 21 FICA 30,354 30,721 28,240 32,182 32,182 (3,942) 88% 1% (8)% 22 Pension-LEOFF 17,614 17,642 18,043 19,075 19,075 (1,032) 95% 0% 2% 23 Pension-PERS/PSERS 7,240 8,016 3,921 7,858 7,858 (3,938) 50% 11% (51)% 24 Industrial Insurance 10,081 10,574 8,304 12,901 12,901 (4,597) 64% 5% (21)% 25 Medical & Dental 63,531 65,727 64,485 70,723 70,723 (6,238) 91% 3% (2)% Total Salaries & Benefits 532,307 540,523 496,384 566,930 566,930 (70,546) 88% 2% (8)% 31 Supplies 4,412 7,588 8,584 4,600 4,600 3,984 187% 72% 13% 42 Communication - 35 - - - - - - - 45 Rentals and Leases 26,920 26,890 16,702 9,150 9,150 7,552 183% (0)% (38)% 48 Repairs and Maintenance 4,788 1,804 1,294 10,000 10,000 (8,706) 13% (62)% (28)% 49 Miscellaneous 377 24 2,357 500 500 1,857 471% (94)% 9722% Total Operating Expenses 36,497 36,342 28,938 24,250 24,250 4,688 119% (0)% (20)% Total Expenses 568,804 576,865 525,322 591,180 591,180 (65,858) 89% 1% (9)% Percent of year completed 100.00% 77 POLICE PRISONER CARE & CUSTODY YEAR-END DECEMBER 31, 2017 Percent of year completed POLICE ANIMAL SERVICES 100.00% YEAR-END DECEMBER 31, 2017 SUMMARY BY EXPENDITURE TYPE ACTUAL BUDGET COMPARISON OF RESULTS 2015 SUMMARY BY EXPENDITURE 2015 2016 2017 2017 ANNUAL 2017 ALLOCATED ACTUAL ALLOCATED BDGT % CHANGE 2015/2016 2016/2017 TYPE % EXPENDED 2015/2016 2016/2017 51 King County Animal Control 2017 OVER/(UNDER) 111,892 % CHANGE ALLOCATED % 94% 53% - 2015 2016 2017 2017 ANNUAL ALLOCATED BDGT EXPENDED 2015/2016 2016/2017 41 Monitoring of Prisoners 31,475 35,073 14,657 25,000 25,000 (10,343) 59% 11% (58)% 51 Score Jail 1,232,427 1,310,736 1,466,963 1,484,914 1,484,914 (17,951) 99% 6% 12% Total Operating Expenses 1,263,902 1,345,809 1,481,620 1,509,914 1,509,914 (28,294) 98% 6% 10% Percent of year completed POLICE ANIMAL SERVICES 100.00% YEAR-END DECEMBER 31, 2017 SUMMARY BY EXPENDITURE TYPE ACTUAL BUDGET COMPARISON OF RESULTS 2015 2016 2015 2016 2017 2017 ANNUAL 2017 ALLOCATED ACTUAL OVER/(UNDER) ALLOCATED BDGT % CHANGE 2015/2016 2016/2017 ALLOCATED BDGT % EXPENDED 2015/2016 2016/2017 51 King County Animal Control 70,735 108,136 111,892 118,852 118,852 (6,960) 94% 53% - 3% Total Operating Expenses 70,735 108,136 111,892 118,852 118,852 (6,960) 94% 53% 3% Percent of year completed POLICE COMMUNICATION, DISPATCH 100.00% YEAR-END DECEMBER 31, 2017 SUMMARY BY EXPENDITURE TYPE ACTUAL BUDGET COMPARISON OF RESULTS 2015 2016 2015 2016 2017 2017 ANNUAL 2017 ALLOCATED ACTUAL OVER/(UNDER) ALLOCATED BDGT % CHANGE 2015/2016 2016/2017 ALLOCATED BDGT EXPENDED 2015/2016 2016/2017 51 Valley Communications 897,903 1,015,006 1,096,931 1,127,358 1,127,358 (30,427) 97% 13% - 8% Total Operating Expenses 897,903 1,015,006 1,096,931 1,127,358 1,127,358 (30,427) 97% 13% 8% Percent of year completed POLICE SPECIAL SERVICES UNIT 100.00% YEAR-END DECEMBER 31, 2017 SUMMARY BY EXPENDITURE TYPE ACTUAL BUDGET COMPARISON OF RESULTS 2015 2016 2017 2017 ANNUAL 2017 ALLOCATED ACTUAL OVER/(UNDER) % CHANGE ALLOCATED BDGT % EXPENDED 2015/2016 2016/2017 64 Machinery & Equipment - 6,619 - - - - - - - Total Operating Expenses - 6,619 - - - - - - - Percent of year completed 78 100.00% FIRE CITY OF TUKWILA GENERAL FUND EXPENDITURES YEAR-END DECEMBER 31, 2017 Percent of year completed FIRE DIVISION SUMMARY 100.00% YEAR-END DECEMBER 31, 2017 SUMMARY BY DIVISION SUMMARY BY EXPENDITURE TYPE ACTUAL ACTUAL BUDGET BUDGET COMPARISON OF RESULTS 2015 2015 2016 2017 2017 ANNUAL 2017 ALLOCATED ACTUAL OVER/(UNDER) % CHANGE % CHANGE ALLOCATED BDGT % EXPENDED 2015/2016 2016/2017 11 Salaries 6,852,883 7,056,990 7,463,759 7,206,744 7,206,744 257,015 104% 3% 6% 12 Extra Labor 12,342 14,530 5,124 -- (1)% 5,124 - 18% (65)% 13 Overtime 670,086 502,299 537,408 650,648 650,648 (113,240) 83% (25)% 7% 15 Holiday Pay 213,405 229,098 243,525 324,520 324,520 (80,995) 75% 7% 6% 21 FICA 121,146 125,792 138,286 129,997 129,997 8,289 106% 4% 10% 22 Pension-LEOFF 2 372,243 443,961 480,121 394,471 394,471 85,650 122% 19% 8% 23 Pension-PERS/PSERS 37,558 41,457 44,583 44,621 44,621 (38) 100% 10% 8% 24 Industrial Insurance 259,036 285,581 283,231 368,655 368,655 (85,424) 77% 10% (1)% 25 Medical & Dental 1,556,944 1,619,344 1,503,239 1,514,547 1,514,547 (11,308) 99% 4% (7)% 28 Uniform/Clothing 1,712 - - -- (195,589) - - - - Total Salaries & Benefits 10,097,354 10,319,052 10,699,278 10,634,203 10,634,203 65,075 101% 2% 4% 31 Supplies 288,857 248,229 147,399 234,477 234,477 (87,078) 63% (14)% (41)% 35 Small Tools 167,329 1,912 4,228 37,268 37,268 (33,040) 11% (99)% 121% 41 Professional Services 61,034 48,678 36,161 81,000 81,000 (44,839) 45% (20)% (26)% 42 Communication 50,899 38,989 41,241 32,170 32,170 9,071 128% (23)% 6% 43 Travel 12,963 10,822 12,512 7,000 7,000 5,512 179% (17)% 16% 45 Rentals and Leases 537,041 380,507 484,771 587,241 587,241 (102,470) 83% (29)% 27% 46 Insurance 90,000 90,000 173,286 173,286 173,286 - 100% 0% 93% 47 Public Utilities 76,494 75,925 84,095 73,360 73,360 10,735 115% (1)% 11% 48 Repairs and Maintenance 46,807 58,796 54,338 41,921 41,921 12,417 130% 26% (8)% 49 Miscellaneous 66,744 90,443 121,719 148,874 148,874 (27,155) 82% 36% 35% 51 Inter -Governmental 154,651 190,989 200,019 211,768 211,768 (11,749) 94% 23% 5% 64 Machinery & Equipment 74,288 - 7,934 -- 7,934 - - - Total Operating Expenses 1,627,106 1,235,289 1,367,701 1,628,365 1,628,365 (260,664) 84% (24)% 11% Total Expenses 11,724,461 11,554,341 12,066,979 12,262,568 12,262,568 (195,589) 98% (1)% 4% Percent of year completed FIRE DIVISION SUMMARY 100.00% YEAR-END DECEMBER 31, 2017 SUMMARY BY DIVISION ACTUAL BUDGET COMPARISON OF RESULTS 2015 2016 2017 2017 ANNUAL 2017 ALLOCATED ACTUAL OVER/(UNDER) % CHANGE ALLOCATED BDGT % EXPENDED 2015/2016 2016/2017 ADMINISTRATION 796,040 818,870 896,733 867,812 867,812 28,921 103% 3% 10% SUPPRESSION 8,892,891 8,793,233 9,151,233 9,344,102 9,344,102 (192,869) 98% (1)% 4% PREVENTION 815,137 826,468 864,692 833,040 833,040 31,652 104% 1% 5% TRAINING 376,402 379,240 443,663 448,048 448,048 (4,385) 99% 1% 17% EMERGENCY PREPAREDNESS 521,356 368,828 341,177 351,305 351,305 (10,128) 97% (29)% (7)% FIRE FACILITIES 98,442 92,391 100,349 110,860 110,860 (10,511) 91% (6)% 9% HAZARDOUS MATERIALS UNIT 26,050 29,038 18,749 39,883 39,883 (21,134) 47% 11% (35)% RESCUE TEAM 4,724 - 9,904 13,250 13,250 (3,346) 75% - - RESCUE AND EMERGENCY AID 38,767 55,285 40,459 42,500 42,500 (2,041) 95% 43% (27)% COMMUNICATION - DISPATCH 154,651 190,989 200,019 211,768 211,768 (11,749) 94% 23% 5% Total Expenses 11,724,461 11,554,341 12,066,979 12,262,568 12,262,568 (195,589) 98% (1)% 4% Percent of year completed 100.00% 79 FIRE ADMINISTRATION YEAR-END DECEMBER 31, 2017 SUMMARY BY EXPENDITURE TYPE ACTUAL BUDGET COMPARISON OF RESULTS 2015 2016 2017 2017 ANNUAL 2017 ALLOCATED ACTUAL OVER/(UNDER) % CHANGE ALLOCATED BDGT 0/0 EXPENDED 2015/2016 2016/2017 11 Salaries 421,903 443,240 422,280 442,193 442,193 (19,913) 95% 5% (5)% 12 Extra Labor 7,420 6,685 112 -- 560,822 112 - (10)% (98)% 13 Overtime 25 - - 464 464 (464) - - - 21 FICA 13,964 16,714 21,757 14,064 14,064 7,693 155% 20% 30% 22 Pension-LEOFF 15,426 81,009 84,052 15,763 15,763 68,289 533% 425% 4% 23 Pension-PERS/PSERS 12,577 14,760 15,717 15,956 15,956 (239) 98% 17% 6% 24 Industrial Insurance 6,842 7,426 7,492 9,186 9,186 (1,694) 82% 9% 1% 25 Medical & Dental 70,129 68,874 79,396 76,702 76,702 2,694 104% (2)% 15% Total Salaries & Benefits 548,286 638,708 630,806 574,328 574,328 56,478 110% 16% (1)% 31 Supplies 8,892 10,908 8,667 10,877 10,877 (2,210) 80% 23% (21)% 41 Professional Services 2,854 2,137 4,267 25,000 25,000 (20,733) 17% (25)% 100% 42 Communication 25,169 26,417 27,444 23,170 23,170 4,274 118% 5% 4% 43 Travel 429 12 1,628 2,250 2,250 (622) 72% (97)% 13231% 45 Rentals and Leases 21,187 13,290 23,927 25,897 25,897 (1,970) 92% (37)% 80% 46 Insurance 90,000 90,000 173,286 173,286 173,286 - 100% 0% 93% 48 Repairs and Maintenance 22,017 20,347 13,380 20,421 20,421 (7,041) 66% (8)% (34)% 49 Miscellaneous 2,917 5,471 5,396 12,583 12,583 (7,187) 43% 88% (1)% 64 Machinery& Equipment 74,288 11,578 7,934 -- 681,851 7,934 - (84)% (31)% Total Operating Expenses 247,754 180,162 265,928 293,484 293,484 (27,556) 91% (27)% 48% Total Expenses 8,892,891 8,793,233 9,151,233 9,344,102 9,344,102 (192,869) 98% (1)% 4% Total Expenses 796,040 818,870 896,733 867,812 867,812 28,921 103% 3% 10% Percent of year completed FIRE SUPPRESSION 100.00% YEAR-END DECEMBER 31, 2017 SUMMARY BY EXPENDITURE TYPE ACTUAL BUDGET COMPARISON OF RESULTS 2015 2016 2017 2017 ANNUAL 2017 ALLOCATED ACTUAL OVER/(UNDER) % CHANGE ALLOCATED BDGT 0/0 EXPENDED 2015/2016 2016/2017 11 Salaries 5,441,923 5,584,887 5,955,899 5,752,650 5,752,650 203,249 104% 3% 7% 13 Overtime 569,293 410,587 425,926 560,822 560,822 (134,896) 76% (28)% 4% 15 Holiday Pay 213,405 229,098 243,525 324,520 324,520 (80,995) 75% 7% 6% 21 FICA 79,872 81,658 86,938 89,230 89,230 (2,292) 97% 2% 6% 22 Pension-LEOFF 315,584 319,486 350,129 335,501 335,501 14,628 104% 1% 10% 24 Industrial Insurance 229,959 252,374 251,157 328,667 328,667 (77,510) 76% 10% (0)% 25 Medical & Dental 1,338,427 1,395,532 1,273,080 1,270,861 1,270,861 2,219 100% 4% (9)% 28 Uniform/Clothing 1,712 - - - - - - - - Total Salaries & Benefits 8,190,175 8,273,621 8,586,654 8,662,251 8,662,251 (75,597) 99% 1% 4% 31 Supplies 181,234 122,571 64,391 129,100 129,100 (64,709) 50% (32)% (47)% 35 Small Tools 31,094 - 4,228 12,000 12,000 (7,772) 35% - - 41 Professional Services 34,799 25,204 17,126 26,500 26,500 (9,374) 65% (28)% (32)% 42 Communication 91 26 25 -- 25 - (71)% (5)% 43 Travel 6,652 28 - -- - - (100)% - 45 Rentals and Leases 403,006 303,299 402,560 471,460 471,460 (68,900) 85% (25)% 33% 48 Repairs and Maintenance 22,701 36,915 40,885 20,000 20,000 20,885 204% 63% 11% 49 Miscellaneous 23,139 31,569 35,365 22,791 22,791 12,574 155% 36% 12% Total Operating Expenses 702,716 519,612 564,579 681,851 681,851 (117,272) 83% (26)% 9% Total Expenses 8,892,891 8,793,233 9,151,233 9,344,102 9,344,102 (192,869) 98% (1)% 4% Percent of year completed 80 100.00% FIRE PREVENTION/INVESTIGATION YEAR-END DECEMBER 31, 2017 SUMMARY BY EXPENDITURE TYPE ACTUAL BUDGET I COMPARISON OF RESULTS 2015 2016 2017 2017 ANNUAL 2017 ALLOCATED ACTUAL OVER/(UNDER) % CHANGE ALLOCATED BDGT 0/0 EXPENDED 2015/2016 2016/2017 11 Salaries 548,014 561,465 562,291 558,405 558,405 3,886 101% 2% 0% 12 Extra Labor -- 6,334 1,782 - - 1,782 - - - 13 Overtime 61,330 62,638 89,875 61,143 61,143 28,732 147% 2% 43% 21 FICA 18,685 18,830 19,291 18,205 18,205 1,086 106% 1% 2% 22 Pension-LEOFF 21,093 22,643 24,866 23,426 23,426 1,440 106% 7% 10% 23 Pension-PERS/PSERS 16,347 17,710 18,847 18,383 18,383 464 103% 8% 6% 24 Industrial Insurance 11,998 13,635 13,608 17,123 17,123 (3,515) 79% 14% (0)% 25 Medical & Dental 73,740 80,041 85,021 87,040 87,040 (2,019) 98% 9% 6% Total Salaries & Benefits 751,207 776,963 815,582 783,725 783,725 31,857 104% 3% 5% 31 Supplies 15,887 14,243 10,006 12,000 12,000 (1,994) 83% (10)% (30)% 41 Professional Services 1,655 739 - 5,000 5,000 (5,000)- 431% (55)% - 42 Communication 1,192 1,461 2,432 - - 2,432 - 23% 67% 43 Travel 326 721 2,260 1,500 1,500 760 151% 121% 213% 45 Rentals and Leases 40,816 28,429 25,405 23,815 23,815 1,590 107% (30)% (11)% 48 Repairs and Maintenance 244 84 330 -- 330 - (65)% 292% 49 Miscellaneous 3,811 3,828 8,678 7,000 7,000 1,678 124% 0% 127% Total Operating Expenses 63,930 49,505 49,110 49,315 49,315 (205) 100% (23)% (1)% Total Expenses 815,137 826,468 864,692 833,040 833,040 31,652 104% 1% 5% Percent of year completed FIRE TRAINING 100.00% YEAR-END DECEMBER 31, 2017 SUMMARY BY EXPENDITURE TYPE ACTUAL BUDGET COMPARISON OF RESULTS 2015 2016 2017 2017 ANNUAL 2017 ALLOCATED ACTUAL OVER/(UNDER) % CHANGE ALLOCATED BDGT yo EXPENDED 2015/2016 2016/2017 11 Salaries 231,770 241,319 274,940 234,680 234,680 40,260 117% 4% 14% 13 Overtime 18,736 6,334 16,539 18,813 18,813 (2,274) 88% (66)% 161% 21 FICA 1,798 1,823 3,630 1,818 1,818 1,812 200% 1% 99% 22 Pension-LEOFF 12,807 12,653 13,564 12,678 12,678 886 107% (1)% 7% 24 Industrial Insurance 6,512 7,427 7,281 8,884 8,884 (1,603) 82% 14% (2)% 25 Medical & Dental 40,162 39,827 29,108 43,357 43,357 (14,249) 67% (1)% (27)% Total Salaries & Benefits 311,786 309,384 345,062 320,230 320,230 24,832 108% (1)% 12% 31 Supplies 4,023 3,872 4,647 8,500 8,500 (3,853) 55% (4)% 20% 41 Professional Services 3,500 2,800 4,200 4,500 4,500 (300) 93% (20)% 50% 42 Communication 4,173 960 747 -- 747 - (77)% (22)% 43 Travel 2,338 9,420 8,611 2,000 2,000 6,611 431% 303% (9)% 45 Rentals and Leases 16,068 11,447 8,685 16,818 16,818 (8,133) 52% (29)% (24)% 49 Miscellaneous 34,514 41,357 71,711 96,000 96,000 (24,289) 75% 20% 73% Total Operating Expenses 64,616 69,856 98,600 127,818 127,818 (29,218) 77% 8% 41% Total Expenses 376,402 379,240 443,663 448,048 448,048 (4,385) 99% 1% 17% Percent of year completed 100.00% 81 FIRE EMERGENCY PREPAREDNESS YEAR-END DECEMBER 31, 2017 SUMMARY BY EXPENDITURE TYPE ACTUAL ACTUAL BUDGET COMPARISON OF RESULTS COMPARISON OF RESULTS 2015 2016 2017 2017 ANNUAL 2017 ALLOCATED ACTUAL OVER/(UNDER) 0 CHANGE ALLOCATED BDGT % EXPENDED 2015/2016 2016/2017 11 Salaries 209,272 226,080 248,349 218,816 218,816 29,533 113% 8% 10% 12 Extra Labor 4,922 7,845 3,230 -- 2017 ANNUAL 3,230 - 59% (59)% 13 Overtime 20,702 22,741 5,068 9,406 9,406 (4,338) 54% 10% (78)% 21 FICA 6,828 6,767 6,670 6,680 6,680 (10) 100% (1)% (1)% 22 Pension-LEOFF 7,332 8,170 7,510 7,103 7,103 407 106% 11% (8)% 23 Pension-PERS/PSERS 8,634 8,987 10,020 10,282 10,282 (262) 97% 4% 11% 24 Industrial Insurance 3,723 4,719 3,692 4,795 4,795 (1,103) 77% 27% (22)% 25 Medical & Dental 34,486 35,069 36,634 36,587 36,587 47 100% 2% 4% Total Salaries & Benefits 295,899 320,376 321,174 293,669 293,669 27,505 109% 8% 0% 31 Supplies 24,425 36,768 6,863 12,000 12,000 (5,137) 57% 51% (81)% 35 Small Tools 136,054 1,912 - 24,268 24,268 (24,268) - (99)% - 41 Professional Services 514 37 - -- - - (93)% - 42 Communication 17,767 7,933 8,254 -- 8,254 - (55)% 4% 43 Travel 3,217 639 14 -- 14 - (80)% (98)% 45 Rentals and Leases 41,308 4,829 4,303 16,368 16,368 (12,065) 26% (88)% (11)% 48 Repairs and Maintenance 756 272 - -- - - (64)% - 49 Miscellaneous 1,416 7,640 570 5,000 5,000 (4,430) 11% 439% (93)% 64 Machinery & Equipment - (11,578) - - - - - - - Total Operating Expenses 225,457 48,452 20,004 57,636 57,636 (37,632) 35% (79)% (59)% Total Expenses 521,356 368,828 341,177 351,305 351,305 (10,128) 97% (29)% (7)% Percent of year completed FIRE FACILITIES 100.00% YEAR-END DECEMBER 31, 2017 Percent of year completed 82 100.00% ACTUAL BUDGET COMPARISON OF RESULTS SUMMARY BY ACTUAL EXPENDITURE TYPE 2017 OVER/(UNDER) % CHANGE ALLOCATED % 2015 2016 2017 2017 ANNUAL ALLOCATED BDGT EXPENDED 2015/2016 2016/2017 31 Supplies 18,592 13,695 14,173 28,500 28,500 (14,327) 50% (26)% 3% 42 Communication 2,507 2,192 2,338 9,000 9,000 (6,662) 26% (13)% 7% 47 Public Utilities 76,494 75,925 84,095 73,360 73,360 10,735 115% (1)% 11% 48 Repairs and Maintenance 848 - (257) -- (257) - - - 49 Miscellaneous - 579 - - - - - - - Total Operating Expenses 98,442 92,391 100,349 110,860 110,860 (10,511) 91% (6)% 9% Total Expenses 98,442 92,391 100,349 110,860 110,860 (10,511) 91% (6)% 9% Percent of year completed 82 100.00% FIRE HAZARDOUS MATERIALS UNIT YEAR-END DECEMBER 31, 2017 SUMMARY BY EXPENDITURE TYPE ACTUAL BUDGET COMPARISON OF RESULTS SUMMARY BY SUMMARY BY 2017 ACTUAL OVER/(UNDER) ACTUAL % CHANGE ALLOCATED 2017 2015 2016 2017 2017 ANNUAL ALLOCATED BDGT EXPENDED 2015/2016 2016/2017 31 Supplies 2,049 - - 2,000 2,000 (2,000)- 2017 - - 35 Small Tools 181 - - - - - - - - 41 Professional Services 17,712 17,760 9,947 20,000 20,000 (10,053) 50% 0% (44)% 45 Rentals and Leases 4,921 10,100 8,802 17,883 17,883 (9,081) 49% 105% (13)% 48 Repairs and Maintenance 241 1,178 - - - - - 389% - 49 Miscellaneous 947 - - - - - - - - Total Operating Expenses 26,050 29,038 18,749 39,883 39,883 (21,134) 47% 11% (35)% 40,459 42,500 42,500 (2,041) 95% 43% Total Expenses 4,724 - 9,904 Total Expenses 26,050 29,038 18,749 39,883 39,883 (21,134) 47% 11% (35)% Percent of year completed FIRE RESCUE TEAM 100.00% YEAR-END DECEMBER 31, 2017 Percent of year completed FIRE RESCUE AND EMERGENCY AID 100.00% YEAR-END DECEMBER 31, 2017 ACTUAL BUDGET COMPARISON OF RESULTS SUMMARY BY SUMMARY BY ACTUAL ACTUAL EXPENDITURE TYPE EXPENDITURE TYPE 2017 OVER/(UNDER) OVER/(UNDER) % CHANGE % CHANGE ALLOCATED 2015 2016 2017 2017 ANNUAL 2017 BDGT EXPENDED 2015 2016 2017 2017 ANNUAL ALLOCATED BDGT EXPENDED 2015/2016 2016/2017 31 Supplies 4,724 - 9,904 5,000 5,000 4,904 198% - - 35 Small Tools - - - 1,000 1,000 (1,000) - - - 43 Travel - - - 1,250 1,250 (1,250) - - - 48 Repairs and Maintenance - - - 500 500 (500) - - - 49 Miscellaneous - - - 5,500 5,500 (5,500) - - - Total Operating Expenses 4,724 - 9,904 13,250 13,250 (3,346) 75% - - Total Expenses 38,767 55,285 40,459 42,500 42,500 (2,041) 95% 43% Total Expenses 4,724 - 9,904 13,250 13,250 (3,346) 75% - - Percent of year completed FIRE RESCUE AND EMERGENCY AID 100.00% YEAR-END DECEMBER 31, 2017 Percent of year completed 100.00% 83 ACTUAL BUDGET COMPARISON OF RESULTS SUMMARY BY ACTUAL EXPENDITURE TYPE 2017 OVER/(UNDER) % CHANGE ALLOCATED 2015 2016 2017 2017 ANNUAL ALLOCATED BDGT EXPENDED 2015/2016 2016/2017 31 Supplies 29,032 46,172 28,748 26,500 26,500 2,248 108% 59% (38)% 41 Professional Services - - 621 - - 621 - - - 45 Rentals and Leases 9,735 9,113 11,090 15,000 15,000 (3,910) 74% (6)% 22% 48 Repairs and Maintenance - - - 1,000 1,000 (1,000) - - - Total Operating Expenses 38,767 55,285 40,459 42,500 42,500 (2,041) 95% 43% (27)% Total Expenses 38,767 55,285 40,459 42,500 42,500 (2,041) 95% 43% (27)% Percent of year completed 100.00% 83 FIRE COMMUNICATIONS, ALARMS AND DISPATCH YEAR-END DECEMBER 31, 2017 SUMMARY BY EXPENDITURE TYPE ACTUAL BUDGET COMPARISON OF RESULTS 2015 2016 2017 2017 ANNUAL 2017 ALLOCATED ACTUAL OVER/(UNDER) % CHANGE ALLOCATED BDGT % EXPENDED 2015/2016 2016/2017 51 Inter -Governmental 154,651 190,989 200,019 211,768 211,768 (11,749) 94% 23% 5% Total Operating Expenses 154,651 190,989 200,019 211,768 211,768 (11,749) 94% 23% 5% - Total Expenses 154,651 190,989 200,019 211,768 211,768 (11,749) 94% 23% 5% Percent of year completed 84 100.00% TECHNOLOGY & INNOVATION SERVICES CITY OF TUKWILA GENERAL FUND EXPENDITURES YEAR-END DECEMBER 31, 2017 SUMMARY BY EXPENDITURE TYPE ACTUAL BUDGET COMPARISON OF RESULTS 2015 2016 2017 2017 2017 ANNUAL ALLOCATED ACTUAL OVER/(UNDER) % CHANGE ALLOCATED BDGT % EXPENDED 2015/2016 2016/2017 11 Salaries 530,282 649,868 734,453 869,292 869,292 (134,839) 84% 23% 13% 12 Extra Labor 14,570 1,057 4,147 2,500 2,500 1,647 166% (93)% 292% 13 Overtime 23,466 48,624 67,405 - - 67,405 - 107% 39% 21 FICA 40,854 52,418 59,259 63,632 63,632 (4,373) 93% 28% 13% 22 Pension-LEOFF 2 - 3,488 - - - - -- - 23 Pension-PERS/PSERS 57,780 64,421 95,573 104,269 104,269 (8,696) 92% 11% 48% 24 Industrial Insurance 2,878 3,031 2,373 3,176 3,176 (803) 75% 5% (22)% 25 Medical & Dental 113,241 129,741 144,558 194,560 194,560 (50,002) 74% 15% 11% 26 Unemployment - 17,264 - - - - -- - Total Salaries & Benefits 783,071 969,912 1,107,768 1,237,429 1,237,429 (129,661) 90% 24% 14% 31 Supplies 7,632 14,902 6,201 6,266 6,266 (65) 99% 95% (58)% 35 Small Tools 90,372 66,577 65,473 - - 65,473 - (26)% (2)% 41 Professional Services 32,450 138,061 429,938 304,686 304,686 125,252 141% 325% 211% 42 Communication 113,067 129,570 112,258 120,900 120,900 (8,642) 93% 15% (13)% 43 Travel 342 2,325 8,175 11,500 11,500 (3,325) 71% 579% 252% 45 Rentals and Leases 3,629 8,762 149,496 153,839 153,839 (4,343) 97% 141% 1606% 48 Repairs and Maintenance 28,051 139,971 33,827 2,000 2,000 31,827 1691% 399% (76)% 49 Miscellaneous 153,226 38,689 33,516 147,200 147,200 (113,684) 23% (75)% (13)% 64 Machinery & Equipment 34,417 7,064 48,303 43,000 43,000 5,303 112% (79)% 584% Total Operating Expenses 463,188 545,921 887,188 789,391 789,391 97,797 112% 18% 63% Total Expenses 1,246,259 1,515,832 1,994,956 2,026,820 2,026,820 (31,864) 98% 22% 32% Percent of year completed 100.00% 85 PUBLIC WORKS CITY OF TUKWILA GENERAL FUND EXPENDITURES YEAR-END DECEMBER 31, 2017 SUMMARY BY EXPENDITURE TYPE ACTUAL BUDGET COMPARISON OF RESULTS 2015 2016 2017 2017 ANNUAL 2017 ALLOCATED ACTUAL OVER/(UNDER) EXPENDED % CHANGE ALLOCATED BDGT 2015/2016 2016/2017 11 Salaries 1,839,794 1,880,895 1,738,138 1,912,661 1,912,661 (174,523) 91% 2% (8)% 12 Extra Labor - - 1,878 - - 1,878 - - - 13 Overtime 27,966 9,951 26,420 10,000 10,000 16,420 264% (64)% 165% 21 FICA 137,718 138,384 129,287 141,515 141,515 (12,228) 91% 0% (7)% 23 Pension-PERS/PSERS 188,697 208,934 203,246 229,639 229,639 (26,393) 89% 11% (3)% 24 Industrial Insurance 25,378 27,687 23,982 36,725 36,725 (12,743) 65% 9% (13)% 25 Medical & Dental 312,489 343,217 344,197 377,031 377,031 (32,834) 91% 10% 0% 26 Unemployment 5,615 10,426 - - - -- Total Expenses 86% - 28 Uniform/Clothing 988 1,459 1,375 3,200 3,200 (1,825) 43% 48% (6)% Total Salaries & Benefits 2,538,644 2,620,955 2,468,522 2,710,771 2,710,771 (242,249) 91% 3% (6)% 31 Supplies 81,354 107,922 91,720 110,950 110,950 (19,230) 83% 33% (15)% 35 Small Tools 1,050 1,351 5,234 4,250 4,250 984 123% 29% 287% 41 Professional Services 43,142 63,742 41,952 30,900 30,900 11,052 136% 48% (34)% 42 Communication 9,050 8,544 11,149 9,150 9,150 1,999 122% (6)% 30% 43 Travel 2,598 353 684 2,000 2,000 (1,316) 34% (86)% 94% 44 Advertising - 463 - - - -- - - 45 Rentals and Leases 160,011 160,934 153,561 162,978 162,978 (9,417) 94% 1% (5)% 46 Insurance- 106,805 107,271 106,805 106,805 466 100% - 0% 47 Public Utilities 354,870 364,608 389,387 375,000 375,000 14,387 104% 3% 7% 48 Repairs and Maintenance 221,076 239,579 287,869 252,300 252,300 35,569 114% 8% 20% 49 Miscellaneous 9,461 11,054 14,222 30,035 30,035 (15,813) 47% 17% 29% 53 Ext Taxes, Oper Assess 0 1 - - - -- 33% - 64 Machinery & Equipment - - 6,890 7,500 7,500 (610) 92% - - Total Operating Expenses 882,612 1,065,356 1,109,940 1,091,868 1,091,868 18,072 102% 21% 4% Total Expenses 3,421,257 3,686,312 3,578,462 3,802,639 3,802,639 (224,177) 94% 8% (3)% Percent of year expired PUBLIC WORKS DIVISION SUMMARY 100.00% YEAR-END DECEMBER 31, 2017 Percent of year expired 86 100.00% ACTUAL BUDGET COMPARISON OF RESULTS ACTUAL SUMMARY BY DIVISION OVER/(UNDER) % CHANGE 2017 2017 ALLOCATED % 2015 2016 2017 ANNUAL ALLOCATED BDGT EXPENDED 2015/2016 2016/2017 ADMINISTRATION 556,303 549,693 424,650 459,200 459,200 (34,550) 92% (1)% (23)% MAINTENANCE ADMINISTRATION 365,410 377,114 383,299 393,700 393,700 (10,401) 97% 3% 2% PUBLIC WORKS DEVELOPMENT 459,902 466,017 499,075 486,910 486,910 12,165 102% 1% 7% ENGINEERING PLANS AND SERVICES 537,691 562,204 434,066 643,476 643,476 (209,410) 67% 5% (23)% FACILITY MAINTENANCE 1,501,951 1,731,284 1,838,172 1,819,353 1,819,353 18,819 101% 15% 6% Total Expenses 3,421,257 3,686,312 3,579,262 3,802,639 3,802,639 (223,377) 94% 8% (3)% Percent of year expired 86 100.00% PUBLIC WORKS ADMINISTRATION YEAR-END DECEMBER 31, 2017 SUMMARY BY EXPENDITURE TYPE ACTUAL BUDGET COMPARISON OF RESULTS 2015 2016 2017 2017 ANNUAL 2017 ALLOCATED ACTUAL OVER/(UNDER) EXPENDED % CHANGE ALLOCATED BDGT 2015/2016 2016/2017 11 Salaries 414,776 405,641 305,089 316,783 316,783 (11,694) 96% (2)% (25)% 12 Extra Labor - - 1,878 - - 1,878 - - - 21 FICA 28,979 27,404 21,010 21,520 21,520 (510) 98% (5)% (23)% 23 Pension-PERS/PSERS 42,005 43,256 31,951 38,030 38,030 (6,079) 84% 3% (26)% 24 Industrial Insurance 1,077 977 707 1,059 1,059 (352) 67% (9)% (28)% 25 Medical & Dental 45,816 48,055 42,165 37,880 37,880 4,285 111% 5% (12)% Total Salaries & Benefits 532,653 525,334 402,800 415,272 415,272 (12,472) 97% (1)% (23)% 31 Supplies 8,118 11,874 7,098 9,000 9,000 (1,902) 79% 46% (40)% 41 Professional Services 8,125 5,923 - - - -- - (27)% - 42 Communication 1,458 1,171 520 1,500 1,500 (980) 35% (20)% (56)% 43 Travel 218 2 8 200 200 (192) 4% (99)% 312% 45 Rentals and Leases 3,573 3,354 3,645 3,428 3,428 217 106% (6)% 9% 48 Repairs and Maintenance 1,337 1,172 1,080 1,300 1,300 (220) 83% (12)% (8)% 49 Miscellaneous 820 863 2,608 21,000 21,000 (18,392) 12% 5% 202% 64 Machinery & Equipment - - 6,890 7,500 7,500 (610) 92% - - Total Operating Expenses 23,650 24,359 21,850 43,928 43,928 (22,078) 50% 3% (10)% Total Expenses 365,410 377,114 383,299 393,700 393,700 (10,401) 97% 3% 2% Total Expenses 556,303 549,693 424,650 459,200 459,200 (34,550) 92% (1)% (23)% Percent of year expired PUBLIC WORKS MAINTENANCE ADMINISTRATION 100.00% YEAR-END DECEMBER 31, 2017 SUMMARY BY EXPENDITURE TYPE ACTUAL BUDGET COMPARISON OF RESULTS 2015 2016 2017 2017 ANNUAL 2017 ALLOCATED ACTUAL OVER/(UNDER) % EXPENDED % CHANGE ALLOCATED BDGT 2015/2016 2016/2017 11 Salaries 252,012 254,783 257,572 259,225 259,225 (1,653) 99% 1% 1% 13 Overtime - - 265 - - 265 - - - 21 FICA 18,440 18,238 19,003 18,422 18,422 581 103% (1)% 4% 23 Pension-PERS/PSERS 25,567 28,423 30,667 31,120 31,120 (453) 99% 11% 8% 24 Industrial Insurance 776 876 776 1,059 1,059 (283) 73% 13% (11)% 25 Medical & Dental 54,718 58,828 63,409 63,466 63,466 (57) 100% 8% 8% Total Salaries & Benefits 351,513 361,149 371,692 373,292 373,292 (1,600) 100% 3% 3% 31 Supplies 3,067 2,208 758 4,250 4,250 (3,492) 18% (28)% (66)% 35 Small Tools - 219 - 750 750 (750) - - - 41 Professional Services 22 24 - 500 500 (500) - 5% - 42 Communication 720 726 756 750 750 6 101% 1% 4% 43 Travel 233 213 595 300 300 295 198% (9)% 180% 45 Rentals and Leases 8,514 10,646 8,638 11,823 11,823 (3,185) 73% 25% (19)% 49 Miscellaneous 1,340 1,930 860 2,035 2,035 (1,175) 42% 44% (55)% Total Operating Expenses 13,897 15,965 11,607 20,408 20,408 (8,801) 57% 15% (27)% Total Expenses 365,410 377,114 383,299 393,700 393,700 (10,401) 97% 3% 2% Percent of year expired 100.00% 87 PUBLIC WORKS PUBLIC WORKS DEVELOPMENT YEAR-END DECEMBER 31, 2017 Percent of year expired PUBLIC WORKS ENGINEERING PLANS AND SERVICES 100.00% YEAR-END DECEMBER 31, 2017 SUMMARY BY EXPENDITURE TYPE ACTUAL ACTUAL BUDGET BUDGET COMPARISON OF RESULTS 2015 SUMMARY BY EXPENDITURE 2017 2017 ANNUAL 2017 ALLOCATED ACTUAL OVER/(UNDER) % EXPENDED ACTUAL OVER/(UNDER) ALLOCATED BDGT % CHANGE 2016/2017 TYPE 353,667 348,245 265,171 419,575 419,575 (154,404) 63% (2)% (24)% 21 FICA 26,101 25,536 19,173 30,825 2017 2017 ALLOCATED (2)% (25)% 23 Pension-PERS/PSERS 36,025 38,776 2015 2016 2017 ANNUAL ALLOCATED BDGT EXPENDED 2015/2016 2016/2017 11 Salaries 324,558 328,048 331,567 334,218 334,218 (2,651) 99% 1% 1% 13 Overtime 9,264 4,144 22,359 9,000 9,000 13,359 248% (55)% 440% 21 FICA 25,272 25,254 26,604 26,120 26,120 484 102% (0)% 5% 23 Pension-PERS/PSERS 33,976 37,108 41,820 40,123 40,123 1,697 104% 9% 13% 24 Industrial Insurance 3,310 3,141 3,174 3,793 3,793 (619) 84% (5)% 1% 25 Medical & Dental 63,342 68,142 73,371 73,406 73,406 (35) 100% 8% 8% 28 Uniform/Clothing 180 180 180 250 250 (70) 72% 0% 0% Total Salaries & Benefits 459,902 466,017 499,075 486,910 486,910 12,165 102% 1% 7% Total Expenses 459,902 466,017 499,075 486,910 486,910 12,165 102% 1% 7% Percent of year expired PUBLIC WORKS ENGINEERING PLANS AND SERVICES 100.00% YEAR-END DECEMBER 31, 2017 SUMMARY BY EXPENDITURE TYPE ACTUAL BUDGET COMPARISON OF RESULTS 2015 2016 2017 2017 ANNUAL 2017 ALLOCATED ACTUAL OVER/(UNDER) % EXPENDED % CHANGE ALLOCATED BDGT 2015/2016 2016/2017 11 Salaries 353,667 348,245 265,171 419,575 419,575 (154,404) 63% (2)% (24)% 21 FICA 26,101 25,536 19,173 30,825 30,825 (11,652) 62% (2)% (25)% 23 Pension-PERS/PSERS 36,025 38,776 31,044 50,370 50,370 (19,326) 62% 8% (20)% 24 Industrial Insurance 2,704 2,540 1,934 6,174 6,174 (4,240) 31% (6)% (24)% 25 Medical & Dental 51,539 51,863 39,281 73,401 73,401 (34,120) 54% 1% (24)% 28 Uniform/Clothing 220 450 395 950 950 (555) 42% 105% (12)% Total Salaries & Benefits 470,257 467,411 356,998 581,295 581,295 (224,297) 61% (1)% (24)% 31 Supplies 5,808 6,669 7,250 7,000 7,000 250 104% 15% 9% 35 Small Tools - - 4,447 1,000 1,000 3,447 445% - - 41 Professional Services 33,962 56,259 41,848 28,400 28,400 13,448 147% 66% (26)% 42 Communication 2,212 1,694 1,281 2,300 2,300 (1,019) 56% (23)% (24)% 43 Travel 2,147 139 81 1,500 1,500 (1,419) 5% (94)% (42)% 44 Advertising - 463 - - - -- - - 45 Rentals and Leases 15,440 20,717 7,624 14,981 14,981 (7,357) 51% 34% (63)% 48 Repairs and Maintenance 943 1,325 4,956 1,000 1,000 3,956 496% 41% 274% 49 Miscellaneous 6,923 7,528 9,581 6,000 6,000 3,581 160% 9% 27% Total Operating Expenses 67,435 94,793 77,068 62,181 62,181 14,887 124% 41% (19)% Total Expenses 537,691 562,204 434,066 643,476 643,476 (209,410) 67% 5% (23)% Percent of year expired 88 100.00% PUBLIC WORKS FACILITY MAINTENANCE YEAR-END DECEMBER 31, 2017 SUMMARY BY EXPENDITURE TYPE ACTUAL BUDGET COMPARISON OF RESULTS 2015 2016 2017 2017 ANNUAL 2017 ALLOCATED ACTUAL OVER/(UNDER) EXPENDED % CHANGE ALLOCATED BDGT 2015/2016 2016/2017 11 Salaries 494,781 544,178 578,740 582,860 582,860 (4,120) 99% 10% 6% 13 Overtime 18,702 5,807 3,796 1,000 1,000 2,796 380% (69)% (35)% 21 FICA 38,925 41,951 43,496 44,628 44,628 (1,132) 97% 8% 4% 23 Pension-PERS/PSERS 51,124 61,371 67,763 69,996 69,996 (2,233) 97% 20% 10% 24 Industrial Insurance 17,510 20,153 17,392 24,640 24,640 (7,249) 71% 15% (14)% 25 Medical & Dental 97,074 116,329 125,970 128,878 128,878 (2,908) 98% 20% 8% 26 Unemployment 5,615 10,426 - - -- - 86% - 28 Uniform/Clothing 588 829 800 2,000 2,000 (1,200) 40% 41% (4)% Total Salaries & Benefits 724,319 801,045 837,957 854,002 854,002 (16,045) 98% 11% 5% 31 Supplies 64,361 87,171 76,613 90,700 90,700 (14,087) 84% 35% (12)% 35 Small Tools 1,050 1,132 787 2,500 2,500 (1,713) 31% 8% (31)% 41 Professional Services 1,033 1,537 905 2,000 2,000 (1,095) 45% 49% (41)% 42 Communication 4,659 4,953 8,593 4,600 4,600 3,993 187% 6% 73% 45 Rentals and Leases 132,484 126,217 133,653 132,746 132,746 907 101% (5)% 6% 46 Insurance- 106,805 107,271 106,805 106,805 466 100% - 0% 47 Public Utilities 354,870 364,608 389,387 375,000 375,000 14,387 104% 3% 7% 48 Repairs and Maintenance 218,797 237,082 281,833 250,000 250,000 31,833 113% 8% 19% 49 Miscellaneous 378 732 1,173 1,000 1,000 173 117% 94% 60% 53 Ext Taxes, Assessments 0 1 - - -- - 33% - Total Operating Expenses 777,631 930,239 1,000,215 965,351 965,351 34,864 104% 20% 8% Total Expenses 1,501,951 1,731,284 1,838,172 1,819,353 1,819,353 18,819 101% 15% 6% Percent of year expired 100.00% 89 PARK MAINTENANCE CITY OF TUKWILA GENERAL FUND EXPENDITURES YEAR-END DECEMBER 31, 2017 SUMMARY BY EXPENDITURE TYPE ACTUAL BUDGET COMPARISON OF RESULTS 2015 2016 2017 2017 ANNUAL 2017 ALLOCATED ACTUAL OVER/(UNDER) % CHANGE ALLOCATED BDGT EXPENDED 2015/2016 2016/2017 11 Salaries 597,811 522,169 563,855 578,408 578,408 (14,553) 97% (13)% 8% 12 Extra Labor 15,071 22,356 24,049 20,000 20,000 4,049 120% 48% 8% 13 Overtime 2,627 2,841 1,669 2,137 2,137 (468) 78% 8% (41)% 21 FICA 46,833 41,788 44,165 45,954 45,954 (1,789) 96% (11)% 6% 23 Pension-PERS/PSERS 60,299 58,602 66,085 69,438 69,438 (3,353) 95% (3)% 13% 24 Industrial Insurance 19,088 19,227 17,336 23,807 23,807 (6,471) 73% 1% (10)% 25 Medical & Dental 117,527 114,318 133,202 135,009 135,009 (1,807) 99% (3)% 17% 26 Unemployment- - 788 - - 788 - - - 28 Uniform/Clothing 824 983 1,216 1,680 1,680 (464) 72% 19% 24% Total Salaries & Benefits 860,081 782,284 852,366 876,433 876,433 (24,067) 97% (9)% 9% 31 Supplies 48,022 139,730 68,633 53,800 53,800 14,833 128% 191% (51)% 35 Small Tools 3,072 9,974 5,318 7,500 7,500 (2,182) 71% 225% (47)% 41 Professional Services 46,198 110,450 64,038 61,200 61,200 2,838 105% 139% (42)% 42 Communication - 2,130 2,287 - - 2,287 - - 7% 43 Travel 208 585 1,305 225 225 1,080 580% 181% 123% 45 Rentals and Leases 123,540 107,081 97,287 101,992 101,992 (4,705) 95% (13)% (9)% 47 Public Utilities 258,210 248,600 249,624 290,610 290,610 (40,986) 86% (4)% 0% 48 Repairs and Maintenance 21,036 44,556 5,698 23,000 23,000 (17,302) 25% 112% (87)% 49 Miscellaneous 7,096 8,783 4,865 4,000 4,000 865 122% 24% (45)% Total Operating Expenses 507,381 671,888 499,056 542,327 542,327 (43,271) 92% 32% (26)% Total Expenses 1,367,462 1,454,172 1,351,422 1,418,760 1,418,760 (67,338) 95% 6% (7)% Percent of year expired 90 100.00% STREET MAINTENANCE & OPERATIONS CITY OF TUKWILA GENERAL FUND EXPENDITURES YEAR-END DECEMBER 31, 2017 SUMMARY BY EXPENDITURE TYPE ACTUAL BUDGET COMPARISON OF RESULTS 2015 2016 2017 2017 ANNUAL 2017 ALLOCATED ACTUAL OVER/(UNDER) EXPENDED % CHANGE ALLOCATED BDGT 2015/2016 2016/2017 11 Salaries 677,178 788,731 772,599 801,234 801,234 (28,635) 96% 16% (2)% 12 Extra Labor 27,683 44,048 55,530 45,000 45,000 10,530 123% 59% 26% 13 Overtime 6,697 9,252 16,447 11,000 11,000 5,447 150% 38% 78% 21 FICA 55,572 63,987 64,767 65,181 65,181 (414) 99% 15% 1% 23 Pension-PERS/PSERS 72,845 92,358 99,643 96,207 96,207 3,436 104% 27% 8% 24 Industrial Insurance 22,916 26,933 26,056 31,445 31,445 (5,389) 83% 18% (3)% 25 Medical & Dental 139,561 170,594 212,055 198,694 198,694 13,361 107% 22% 24% 26 Unemployment 1,130 465 1,334 - - 1,334 - (59)% 187% 28 Uniform/Clothing 2,011 2,009 1,874 2,375 2,375 (501) 79% (0)% (7)% Total Salaries & Benefits 1,005,594 1,198,378 1,250,304 1,251,136 1,251,136 (832) 100% 19% 4% 31 Supplies 242,862 247,616 238,690 297,300 297,300 (58,610) 80% 2% (4)% 35 Small Tools 12,122 12,616 11,664 13,200 13,200 (1,536) 88% 4% (8)% 41 Professional Services 17,064 2,265 8,821 4,000 4,000 4,821 221% (87)% 289% 42 Communication 1,265 1,454 1,560 4,300 4,300 (2,740) 36% 15% 7% 43 Travel 148 295 3,110 2,700 2,700 410 115% 99% 955% 44 Advertising 438 - - 1,500 1,500 (1,500) - - - 45 Rentals and Leases 434,404 223,203 274,814 297,801 297,801 (22,987) 92% (49)% 23% 46 Insurance 35,455 35,455 24,755 24,755 24,755 - 100% 0% (30)% 47 Public Utilities 1,004,081 1,135,396 1,186,463 1,152,100 1,152,100 34,363 103% 13% 4% 48 Repairs and Maintenance 59,269 19,983 18,015 27,100 27,100 (9,085) 66% (66)% (10)% 49 Miscellaneous 7,278 3,326 7,806 5,200 5,200 2,606 150% (54)% 135% 53 Ext Taxes, Oper Assess 44 10 10 - - 10 - (78)% (2)% 64 Machinery & Equipment 6,829 17,972 11,305 28,500 28,500 (17,195) 40% 163% (37)% Total Operating Expenses 1,821,257 1,699,591 1,787,014 1,858,456 1,858,456 (71,442) 96% (7)% 5% Total Expenses 2,826,851 2,897,968 3,037,318 3,109,592 3,109,592 (72,274) 98% 3% 5% Percent of year expired STREET MAINTENANCE & OPERATIONS DIVISION SUMMARY 100.00% YEAR-END DECEMBER 31, 2017 SUMMARY BY DIVISION ACTUAL BUDGET COMPARISON OF RESULTS 2015 2016 2017 2017 ANNUAL 2017 ALLOCATED ACTUAL OVER/(UNDER) % EXPENDED % CHANGE ALLOCATED BDGT 2015/2016 2016/2017 ADMINISTRATION 1,013,242 1,217,719 1,263,106 1,280,636 1,280,636 (17,530) 99% 20% 4% GENERAL SERVICES 489,948 266,583 311,141 339,956 339,956 (28,815) 92% (46)% 17% ROADWAY 676,552 765,600 804,469 810,800 810,800 (6,331) 99% 13% 5% STRUCTURES- 2,137 19,737 2,500 2,500 17,237 789% - 824% LIGHTING 260,115 308,181 327,255 296,100 296,100 31,155 111% 18% 6% TRAFFIC CONTROL 290,573 220,906 186,921 271,500 271,500 (84,579) 69% (24)% (15)% SNOW & ICE CONTROL 468 7,851 16,889 10,300 10,300 6,589 164% 1579% 115% STREET CLEANING 78,892 58,320 72,888 62,000 62,000 10,888 118% (26)% 25% VIDEO&FIBER 17,020 41,894 32,235 33,500 33,500 (1,265) 96% 146% (23)% SIDEWALKS 42 8,777 2,678 2,300 2,300 378 116% 20753% (69)% Total Expenses 2,826,851 2,897,968 3,037,318 3,109,592 3,109,592 (72,274) 98% 3% 5% Percent of year expired 100.00% 91 STREET MAINTENANCE & OPERATIONS ADMINISTRATION YEAR-END DECEMBER 31, 2017 SUMMARY BY EXPENDITURE TYPE ACTUAL BUDGET COMPARISON OF RESULTS 2015 2016 2017 2017 ANNUAL 2017 ALLOCATED ACTUAL OVER/(UNDER) % EXPENDED % CHANGE ALLOCATED BDGT 2015/2016 2016/2017 11 Salaries 677,178 788,731 772,599 801,234 801,234 (28,635) 96% 16% (2)% 12 Extra Labor 27,683 44,048 55,530 45,000 45,000 10,530 123% 59% 26% 13 Overtime 6,697 9,252 16,447 11,000 11,000 5,447 150% 38% 78% 21 FICA 55,572 63,987 64,767 65,181 65,181 (414) 99% 15% 1% 23 Pension-PERS/PSERS 72,845 92,358 99,643 96,207 96,207 3,436 104% 27% 8% 24 Industrial Insurance 22,916 26,933 26,056 31,445 31,445 (5,389) 83% 18% (3)% 25 Medical & Dental 139,561 170,594 212,055 198,694 198,694 13,361 107% 22% 24% 26 Unemployment 1,130 465 1,334 - - 1,334 - (59)% 187% 28 Uniform/Clothing 2,011 2,009 1,874 2,375 2,375 (501) 79% (0)% (7)% Total Salaries & Benefits 1,005,594 1,198,378 1,250,304 1,251,136 1,251,136 (832) 100% 19% 4% 31 Supplies 429 979 1,055 1,000 1,000 55 105% 128% 8% 41 Professional Services 390 390 442 - - 442 - 0% 13% 64 Machinery & Equipment 6,829 17,972 11,305 28,500 28,500 (17,195) 40% 163% (37)% Total Operating Expenses 7,648 19,341 12,802 29,500 29,500 (16,698) 43% 153% (34)% 17% Total Expenses 1,013,242 1,217,719 1,263,106 1,280,636 1,280,636 (17,530) 99% 20% 4% Percent of year expired STREET MAINTENANCE & OPERATIONS GENERAL SERVICES 100.00% YEAR-END DECEMBER 31, 2017 SUMMARY BY EXPENDITURE TYPE ACTUAL BUDGET COMPARISON OF RESULTS 2015 2016 2017 2017 ANNUAL 2017 ALLOCATED ACTUAL OVER/(UNDER) % EXPENDED % CHANGE ALLOCATED BDGT 2015/2016 2016/2017 31 Supplies 6,866 4,525 3,215 5,000 5,000 (1,785) 64% (34)% (29)% 35 Small Tools 613 - - 3,000 3,000 (3,000) - - - 41 Professional Services 4,746 871 625 1,100 1,100 (475) 57% (82)% (28)% 42 Communication - 14 - 2,500 2,500 (2,500) - - - 43 Travel 148 295 2,893 2,000 2,000 893 145% 99% 882% 44 Advertising 438 - - 1,500 1,500 (1,500) -- - 45 Rentals and Leases 434,404 222,098 271,846 294,401 294,401 (22,555) 92% (49)% 22% 46 Insurance 35,455 35,455 24,755 24,755 24,755 - 100% 0% (30)% 48 Repairs and Maintenance - - - 500 500 (500) - - - 49 Miscellaneous 7,278 3,326 7,806 5,200 5,200 2,606 150% (54)% 135% Total Operating Expenses 489,948 266,583 311,141 339,956 339,956 (28,815) 92% (46)% 17% Total Expenses 489,948 266,583 311,141 339,956 339,956 (28,815) 92% (46)% 17% Percent of year expired 92 100.00% STREET MAINTENANCE & OPERATIONS ROADWAY YEAR-END DECEMBER 31, 2017 SUMMARY BY EXPENDITURE TYPE ACTUAL BUDGET COMPARISON OF RESULTS 2015 2016 2017 2017 ANNUAL 2017 ALLOCATED ACTUAL OVER/(UNDER) % EXPENDED % CHANGE ALLOCATED BDGT 2015/2016 2016/2017 31 Supplies 32,737 21,066 34,617 39,000 39,000 (4,383) 89% (36)% 64% 35 Small Tools 5,881 5,219 2,515 4,000 4,000 (1,485) 63% (11)% (52)% 41 Professional Services - - 706 100 100 606 706% - - 43 Travel -- 17,237 216 100 100 116 216% - - 45 Rentals and Leases - 1,105 2,968 3,400 3,400 (432) 87% - 169% 47 Public Utilities 630,093 738,209 763,447 764,100 764,100 (653) 100% 17% 3% 48 Repairs and Maintenance 7,841 - - 100 100 (100) -- - Total Operating Expenses 676,552 765,600 804,469 810,800 810,800 (6,331) 99% 13% 5% Total Expenses 676,552 765,600 804,469 810,800 810,800 (6,331) 99% 13% 5% Percent of year expired STREET MAINTENANCE & OPERATIONS STRUCTURES 100.00% YEAR-END DECEMBER 31, 2017 SUMMARY BY EXPENDITURE TYPE ACTUAL BUDGET COMPARISON OF RESULTS 2015 2016 2017 2017 ANNUAL 2017 ALLOCATED ACTUAL OVER/(UNDER) % EXPENDED % CHANGE ALLOCATED BDGT 2015/2016 2016/2017 31 Supplies 48 Repairs and Maintenance - - 2,137 - 1,722 18,015 1,000 1,500 1,000 1,500 722 16,515 172% 1201% - (19)% - - Total Operating Expenses - 2,137 19,737 2,500 2,500 17,237 789% - 824% 195% - - 41 Professional Services 436 527 632 500 500 Total Expenses - 2,137 19,737 2,500 2,500 17,237 789% - 824% Percent of year expired STREET MAINTENANCE & OPERATIONS LIGHTING 100.00% YEAR-END DECEMBER 31, 2017 SUMMARY BY EXPENDITURE TYPE ACTUAL BUDGET COMPARISON OF RESULTS ( 2015 2016 2017 2017 ANNUAL 2017 ALLOCATED ACTUAL OVER/(UNDER) % EXPENDED % CHANGE ALLOCATED BDGT 2015/2016 2016/2017 31 Supplies 21,980 12,319 24,264 25,000 25,000 (736) 97% (44)% 97% 35 Small Tools -- 975 500 500 475 195% - - 41 Professional Services 436 527 632 500 500 132 126% 21% 20% 43 Travel - - - 100 100 (100) - - - 47 Public Utilities 237,699 295,336 301,383 270,000 270,000 31,383 112% 24% 2% Total Operating Expenses 260,115 308,181 327,255 296,100 296,100 31,155 111% 18% 6% Total Expenses 260,115 308,181 327,255 296,100 296,100 31,155 111% 18% 6% Percent of year expired 100.00% 93 STREET MAINTENANCE & OPERATIONS TRAFFIC CONTROL YEAR-END DECEMBER 31, 2017 Percent of year expired STREET MAINTENANCE & OPERATIONS SNOW & ICE CONTROL 100.00% YEAR-END DECEMBER 31, 2017 SUMMARY BY EXPENDITURE TYPE ACTUAL BUDGET COMPARISON OF RESULTS 2015 SUMMARY BY EXPENDITURE 2017 2017 ANNUAL 2017 ALLOCATED ACTUAL OVER/(UNDER) % EXPENDED ACTUAL ALLOCATED BDGT 2015/2016 2016/2017 TYPE 468 - 7,851 - 16,889 - 2017 2017 OVER/(UNDER) % % CHANGE ALLOCATED Total Operating Expenses 468 7,851 2015 2016 2017 ANNUAL ALLOCATED BDGT EXPENDED 2015/2016 2016/2017 31 Supplies 154,226 141,697 101,838 166,000 166,000 (64,162) 61% (8)% (28)% 35 Small Tools 3,508 2,468 4,704 2,500 2,500 2,204 188% (30)% 91% 41 Professional Services 10,078 252 2,381 100 100 2,281 2381% (98)% 845% 42 Communication 1,265 1,440 1,560 1,800 1,800 (240) 87% 14% 8% 43 Travel - - - 100 100 (100) - - - 47 Public Utilities 78,181 70,763 76,438 81,000 81,000 (4,562) 94% (9)% 8% 48 Repairs and Maintenance 43,315 4,286 - 20,000 20,000 (20,000) - (90)% - Total Operating Expenses 290,573 220,906 186,921 271,500 271,500 (84,579) 69% (24)% (15)% 25% Total Expenses 290,573 220,906 186,921 271,500 271,500 (84,579) 69% (24)% (15)% Percent of year expired STREET MAINTENANCE & OPERATIONS SNOW & ICE CONTROL 100.00% YEAR-END DECEMBER 31, 2017 SUMMARY BY EXPENDITURE TYPE ACTUAL BUDGET COMPARISON OF RESULTS 2015 2016 2017 2017 ANNUAL 2017 ALLOCATED ACTUAL OVER/(UNDER) % EXPENDED % CHANGE ALLOCATED BDGT 2015/2016 2016/2017 31 Supplies 43 Travel 468 - 7,851 - 16,889 - 10,000 300 10,000 300 6,889 (300) 169% - 1579% - 115% - Total Operating Expenses 468 7,851 16,889 10,300 10,300 6,589 164% 1579% 115% 2015/2016 2016/2017 31 Supplies 10,650 18,533 21,940 18,000 18,000 3,940 122% Total Expenses 468 7,851 16,889 10,300 10,300 6,589 164% 1579% 115% Percent of year expired STREET MAINTENANCE & OPERATIONS STREET CLEANING 100.00% YEAR-END DECEMBER 31, 2017 Percent of year expired 94 100.00% ACTUAL BUDGET COMPARISON OF RESULTS SUMMARY BY EXPENDITURE ACTUAL TYPE 2017 2017 OVER/(UNDER) % % CHANGE ALLOCATED 2015 2016 2017 ANNUAL ALLOCATED BDGT EXPENDED 2015/2016 2016/2017 31 Supplies 10,650 18,533 21,940 18,000 18,000 3,940 122% 74% 18% 35 Small Tools 2,120 1,545 1,709 1,200 1,200 509 142% (27)% 11% 41 Professional Services 1,413 225 4,035 2,200 2,200 1,835 183% (84)% 1693% 43 Travel -- - 100 100 (100) - - - 47 Public Utilities 58,108 31,088 45,195 37,000 37,000 8,195 122% (46)% 45% 48 Repairs and Maintenance 6,557 6,920 - 3,500 3,500 (3,500) - 6% - 53 Ext Taxes, Assessments 44 10 10 - - 10 - (78)% (2)% Total Operating Expenses 78,892 58,320 72,888 62,000 62,000 10,888 118% (26)% 25% Total Expenses 78,892 58,320 72,888 62,000 62,000 10,888 118% (26)% 25% Percent of year expired 94 100.00% STREET MAINTENANCE & OPERATIONS VIDEO & FIBER YEAR-END DECEMBER 31, 2017 SUMMARY BY EXPENDITURE TYPE ACTUAL BUDGET COMPARISON OF RESULTS 2015 2016 2017 2017 ANNUAL 2017 ALLOCATED ACTUAL OVER/(UNDER) EXPENDED % CHANGE ALLOCATED BDGT 2015/2016 2016/2017 31 Supplies 35 Small Tools 48 Repairs and Maintenance 15,464 - 1,556 38,510 3,384 - 30,473 1,762 - 30,000 2,000 1,500 30,000 2,000 1,500 473 (238) (1,500) 102% 88%- - 149% - (21)% (48)% - Total Operating Expenses 17,020 41,894 32,235 33,500 33,500 (1,265) 96% 146% (23)% Total Expenses 42 8,777 2,678 Total Expenses 17,020 41,894 32,235 33,500 33,500 (1,265) 96% 146% (23)% Percent of year expired STREET MAINTENANCE & OPERATIONS SIDEWALKS 100.00% YEAR-END DECEMBER 31, 2017 SUMMARY BY EXPENDITURE TYPE ACTUAL BUDGET COMPARISON OF RESULTS 2015 2016 2017 2017 ANNUAL 2017 ALLOCATED ACTUAL OVER/(UNDER) EXPENDED % CHANGE ALLOCATED BDGT 2015/2016 2016/2017 31 Supplies 48 Repairs and Maintenance 42 - - 8,777 2,678 - 2,300 - 2,300 - 378 - 116% - - - - - Total Operating Expenses 42 8,777 2,678 2,300 2,300 378 116% 20753% (69)% Total Expenses 42 8,777 2,678 2,300 2,300 378 116% 20753% (69)% Percent of year expired 100.00% 95 96 TO: CC: City of Tukwila INFORMATIONAL MEMORANDUM Councilmembers Mayor Ekberg FROM: Peggy McCarthy, Finance Director BY: Jeff Friend, Fiscal Manager DATE: July 5, 2018 SUBJECT: 2018 1St Quarter Financial Report Summary Allan Ekberg, Mayor The purpose of the quarterly financial report is to summarize for the City Council the general state of City- wide financial affairs and to highlight significant items or trends. The following provides a high-level summary of the City's financial performance on cash basis reporting. Additional details can be found later in the attached financial report. The first quarter status report is based on financial data available as of July 5th, 2018 for the reporting period ending March 31, 2018. Revenues are below allocated budget by $506K and expenditures are below budget by $169K. Allocated budgets through the reporting period are calculated by analyzing spend patterns in the previous year and allocating the current year budget using the same spend pattern. If a line item had no expenditures in the prior year but a budget in the current year, the allocated budget for the current year would be zero. Revenues Expenditures General Fund 2018 Revenues vs Expenditures (Through March 2018) $13.67 Budget $14.18 Budget $0 $5 $10 $15 $16.21 $16.38 $20 Millions 97 INFORMATIONAL MEMO Page 2 General Fund The general fund is the City's largest fund and accounts for most City resources and services, other than those required by statute to be accounted for in another fund. Services include governance, public safety, and administration. $9 0 $8 2 $7 General Fund Rolling 14 month Revenue and Expense Summary II II 111111 h h i III II Feb -17 Mar -17 Apr -17 May -17 Jun -17 Jul -17 Aug -17 Sep -17 Oct -17 Nov -17 Dec -17 Jan -18 Feb -18 Mar -18 Operating Revenues Expenses ' 2 per. Mov. Avg. (Operating Revenues) . 2 per. Mov. Avg. (Expenses) The above chart provides a look at revenues and expenses over the last 14 months. The trend lines are calculated using a 2 -month average for both revenues and expenses. The revenue peaks in April/May and October/November are the result of Property Tax revenue. 98 INFORMATIONAL MEMO Page 3 Revenues Property Taxes Sales & Use Taxes Admissions Tax Utility Tax Interfund Utility Tax Gambling & Excise Tax Licenses and Permits Intergovernmental Charges for Services Fines & Penalites Misc Indirect Cost Allocation Year -to -Date General Fund Revenues Compared to Budget (Through March 2018) I$253 $232 $614 $567 $685 $668 399 $543 I$36 $37 I$107 $104 $581 $581 $1,128 $984 $973 $1,049 $1,196 $2,822 $2,700 Tukwila Village $) $0 $2,000 $4,000 Year to Date • Budget $5.013 Thousands $5,385 Through March 2018, general fund revenues totaled $13.7M compared to an allocated budget of $14.2M and were $130K higher than revenues collected for the same period in 2017. Notable variances to budget for the first quarter include: • Sales and use taxes, which includes local retail sales and use tax, natural gas tax, and criminal justice sales tax, totaled $5M, which is below budget by $373K, however, it exceeds collections for the same period last year by $108K. • Business license fees, while below allocated budget by $55K, exceed prior year revenue by $223K. Beginning in 2018, the business license fee was changed to $70 per full-time employee and $35 per part-time employee and the RGRL fee was combined with the business license fee. The RGRL revenue line is now reflected in the business license revenue line. • Intergovernmental revenue is below budget by $356K. EMS levy funds of approximately $400K were not received in the first quarter, but were received in the second. 99 INFORMATIONAL MEMO Page 4 Expenditures Year to Date Department Expenditures Compared to Allocated Budget (Through March 2018) City Council $90 $101 Mayor Human Resources $134 $178 Finance $883 $898 $847 $1,049 Attorney $87 $102 Recreation $695 $766 Community Dev. Municipal Court Police Fire Tech. & Innovation Public Works Park Maintenance Street Maint & Ops Dept 20 $795 $889 _ $308 $311 $3,098 $435 $346 $360 $381 $0 $982 $1,040 $915 $929 $1,000 $1,291 $1,954 $2,000 $3,199 $3,000 $4,000 Year to Date ■ Allocated Budget $4,631 $4,904 $5,000 Thousands General fund expenditures through the end of March 2018 totaled $16.2M as compared to an allocated budget of $16.4M, which is $168K below budget. Notable variances are as follows: • Police is under budget by $272K. Salaries and benefits expenditures were under budget by $249K due to vacancies. • Fire is under budget by $101K. Total salaries and benefits are below allocated budget by $25K, and supplies are below budget by $75K due to timing differences in spending. • Finance is currently under budget by $202K. Finance salaries and benefits were less than anticipated due to several open positions and claims and judgements is below previous year spending by $55K. • Technology and Innovation Services (TIS) exceeds allocated budget by $90K. Salaries and benefits are above allocated budget by $22K. A position that was vacant most of 2017 is now filled. Additionally, the professional services line is above allocated budget by $53K. At the January 2nd regular meeting, Council authorized the Mayor to sign an agreement with Kronos to purchase and implement Telestaff. As part of the financing, the TIS department was to pay $23K from their 2017 budget. Due to the timing of the implementation, the $23K charge was incurred in 2018 instead of 2017. This item will be included in a budget amendment request at the end of 2018. It is also worth noting that, while 25% of the year has lapsed, TIS has only spent 21% of their annual budget through the first quarter. 100 INFORMATIONAL MEMO Page 5 • Department 20 is above allocated budget by $663K. In 2017, transfers to capital projects funds were not made until the latter part of 2017. Due to cash flow needs in the arterial street fund, transfers from department 20 to the arterial street fund have been made in the first quarter. Fund Summary The chart below is a summary of ending balances for each of the fund types as of March 31,2018. Fund Summary General/ Contingency Special Revenue Capital Projects Enterprise Internal Service Debt Beginning Fund Balance 18,145,352 1,367,091 52,986,711 17,425,401 5,945,177 1,139,216 Revenues 13,692,371 139,987 11,005,336 7,112,376 5,316,154 705,208 Expenditures (16,214,595) (20,108) (17,569,882) (9,022,864) (5,150,991) (724,588) Ending Fund Balance 15,623,127 1,486,969 46,422,165 15,514,913 6,110,340 1,119,836 General/Contincienc General Fund General Contingency Beginning Fund Balance 11,868,277 6,277,075 Revenues 13,671,561 20,810 Expenditures (16,214,595) - Ending Fund Balance 9,325,243 6,297,885 Special Revenue Funds: Special revenue funds account for revenue sources and expenditures that are legally restricted to a specific purpose. The City has two special revenue funds: Lodging Tax and Seizure. The Lodging Tax fund receives a special excise tax on lodging charges and is used to promote tourism. The seizure fund accounts for the yearly accumulation of drug seizure funds and is used for seizure related expenditures. Through the end of March 2018, revenues exceeded expenditures in the Lodging Tax fund. Expenditures for the Seizure fund are greater than revenue by $7K. In 2018 expenditures in the Seizure fund will exceed revenues due to amounts received in 2016 from the Motel raid in 2013. Special Revenue Funds Lodging Tax Seizure Beginning Fund Balance 1,139,775 227,316 Revenues 138,231 1,755 Expenditures (11,240) (8,869) Ending Fund Balance 1,266,767 220,202 101 INFORMATIONAL MEMO Page 6 Capital Projects Funds The City has six capital projects funds. Revenue and expenditure details for the funds are as follows: Capital Project Funds Residential Streets Arterial Streets Land Acq, Rec. & Park Dev. Facility Replacement Gen Gov't Improvements Are Impact Fees Public Safety Plan City Facilities Beginning Fund Balance 6,176,418 3,436,437 4,067,756 2,205,169 368,801 7,210 36,724,920 - Revenues 120,216 2,416,140 244,580 11,322 51,025 22,442 139,610 8,000,000 Expenditures (913,487) (2,112,355) (3,013,612) (8,443) (11,554) - (4,459,644) (7,050,787) Ending Fund Balance 5,383,147 3,740,222 1,298,724 2,208,048 408,273 29,652 32,404,886 949,213 Through the end of March, the major project in the residential street project is the 42nd Ave S Phase III, with expenditures of $849K. Work also continues on the 53rd Ave S project with $61 K in expenditures. Several arterial street projects were under way during the first quarter including S 144th St Phase II and Strander Blvd Extension Phase 3. Strander Blvd Extension project expenditures of $248K were offset by $212K of revenue received. Expenditures of $1.5M for the Boeing Access Road Bridge Rehab were offset with grant revenue of $1.2M. Major Maintenance on 3 Bridges was also under construction in the first quarter. Land Acq, Recreation & Parks Development transferred $3M to the City Facilities fund for land acquisition for the PW Works shops facility. Enterprise Funds The City's four enterprise funds account for operations with revenues primarily provided from user fees, charges, or contracts for services. The City has three utilities and one golf course. The following chart summaries activity for the first quarter: Enterprise Funds Water Sewer Foster Golf Surface Water Beginning Fund Balance* 5,690,592 8,696,675 602,269 2,998,807 Revenues 1,333,965 2,382,192 208,956 3,187,263 Expenditures (2,217,678) (2,577,107) (438,761) (3,789,317) Ending Fund Balance 4,806,879 8,501,760 372,463 2,396,753 * Foster Golf Beginning Fund Balance is adjusted to remove effect of GASB 68 Net Pension Liability Revenue for water consumption and the golf course is weather dependent and is typically lower during the winter months while expenditures remain consistent throughout the year. Expenditures include a transfer from Utilities to Public Works of $1.2M for land purchased for the new Public Works facility. Utility funds will be reimbursed when bonds are sold. 102 INFORMATIONAL MEMO Page 7 Internal Service Funds Internal service funds provide services to other City departments and include functions such as employee and LEOFF 1 retiree medical insurance as well as equipment rental and replacement. Through the end of March, all internal service funds have sufficient funds to meet expenses. Expenditures include about $3.7M for the purchase of new fire trucks which was reimbursed by a transfer from the Public Safety Plan fund. 103 Self Insured Self Insured Internal Service Funds Fleet Healthcare - Healthcare - Actives Retirees Beginning Fund Balance 4,178,570 1,066,595 700,012 Revenues 3,787,854 1,465,093 63,208 Expenditures (3,744,593) (1,324,861) (81,537) Ending Fund Balance 4,221,831 1,206,827 681,682 103 GENERAL FUND CITY OF TUKWILA GENERAL FUND REVENUES YTD AS OF MARCH 31, 2018 SUMMARY BY REVENUE TYPE BUDGET ACTUAL COMPARISON OF RESULTS 2018 ANNUAL 2018 ALLOCATED 2016 2017 2018 ACTUAL OVER/(UNDER) % CHANGE ALLOCATED BDGT % REC'D 2016/2017 2017/2018 PROPERTY TAX 15,279,302 567,223 509,856 551,575 614,419 47,195 4% 8% 11% SALES TAX 20,607,102 5,385,312 5,024,022 4,905,073 5,012,746 (372,567) 24% (2)% 2% ADMISSIONS TAX 774,000 231,590 182,799 218,042 253,304 21,715 33% 19% 16% UTILITY TAX 4,205,513 1,191,020 1,166,296 1,178,645 1,127,637 (63,383) 27% 1% (4)% INTERFUND UTILITY TAX 2,205,000 668,144 628,802 679,700 684,651 16,508 31% 8% 1% GAMBLING & EXCISE TAX 4,045,414 973,238 764,327 957,379 983,699 10,461 24% 25% 3% TOTAL GENERAL REVENUE 47,116,331 9,016,528 8,276,101 8,490,414 8,676,456 (340,072) 18% 3% 2% BUSINESS LICENSES 2,834,790 2,423,448 2,240,149 2,145,515 2,368,613 (54,834) 84% (4)% 10% RENTAL HOUSING 49,000 43,729 29,710 37,750 41,340 (2,389) 84% 27% 10% BUILDING PERMITS 1,449,600 232,408 320,629 300,046 412,280 179,872 28% (6)% 37% TOTAL LICENSES AND PERMITS 4,333,390 2,699,585 2,590,489 2,483,312 2,822,234 122,649 65% (4)% 14% SALES TAX MITIGATION 1,140,000 283,168 282,954 273,006 272,548 (10,620) 24% (4)% (0)% FRANCHISE FEE 2,199,500 425,565 528,425 438,370 633,332 207,768 29% (17)% 44% GRANT 545,517 39,340 74,420 86,352 49,856 10,515 9% 16% (42)% STATE ENTITLEMENTS 425,403 87,334 74,220 75,534 89,214 1,879 21% 2% 18% INTERGOVERNMENTAL 531,454 360,128 6,530 432,284 4,063 (356,066) 1% 6520% (99)% TOTAL INTERGOVERNMENTAL REVENUE 4,841,874 1,195,535 966,549 1,305,546 1,049,012 (146,524) 22% 35% (20)% GENERAL GOVERNMENT 35,265 7,934 9,693 8,636 7,931 (3) 22% (11)% (8)% SECURITY 693,726 148,902 135,682 124,597 52,899 (96,003) 8% (8)% (58)% TRANSPORTATION 109,000 540 7,763 - 540 - 0% (100)% 0% PLAN CHECK AND REVIEW FEES 905,090 150,922 210,894 166,641 168,175 17,253 19% (21)% 1% CULTURE AND REC FEES 1,060,500 234,741 283,924 230,834 169,542 (65,199) 16% (19)% (27)% TOTAL CHARGES FOR SERVICES 2,803,581 543,039 647,957 530,709 399,088 (143,951) 14% (18)% (25)% FINES & PENALTIES 266,829 36,728 44,552 36,909 36,452 (277) 14% (17)% (1)% MISC 583,694 104,240 82,369 124,848 106,910 2,670 18% 52% (14)% INDIRECT COST ALLOCATION 2,325,643 581,411 558,369 569,765 581,411 (0) 25% 2% 2% TOTAL OTHER INCOME 3,176,166 722,379 685,290 731,522 724,772 2,394 23% 7% (1) % TOTAL OPERATING REVENUE 62,271,342 14,177,065 13,166,386 13,541,501 13,671,561 (505,504) 22% 3% 1% TRANSFERS IN (TUKWILA VILLAGE) 6,050,000 - - - - - 0% 0% 0% TOTAL REVENUE 68,321,342 14,177,065 13,166,386 13,541,501 13,671,561 (505,504) 20% 3% 1% 104 GENERAL FUND CITY OF TUKWILA GENERAL FUND EXPENDITURES YTD AS OF MARCH 31, 2018 SUMMARY OF EXPENDITURES BY DEPARTMENT BUDGET ACTUAL COMPARISON OF RESULTS 2018 ANNUAL 2018 ALLOCATED 2016 2017 2018 ACTUAL OVER/(UNDER) % EXPENDED % CHANGE 3% reduction? ALLOCATED BDGT 2016/2017 2017/2018 vs. annual 01 City Council 430,319 101,140 91,489 91,852 90,184 (10,956) 21% 0% (2)% 2.55% 03 Mayor 4,143,651 897,796 928,959 829,439 882,820 (14,975) 21% (11)% 6% 0.36% 04 Human Resources 728,083 177,972 162,413 161,696 133,520 (44,452) 18% (0)% (17)% 6.11% 05 Finance 2,733,016 1,049,120 830,197 863,538 846,522 (202,598) 31% 4% (2)% 7.41% 06 Attorney 733,185 102,211 93,698 92,849 87,161 (15,050) 12% (1)% (6)% 2.05% 07 Recreation 3,332,680 765,760 662,613 703,105 695,299 (70,461) 21% 6% (1)% 2.11% 08 Community Development 3,671,160 889,473 712,875 778,360 795,362 (94,112) 22% 9% 2% 2.56% 09 Municipal Court 1,295,812 310,981 282,096 292,585 307,902 (3,078) 24% 4% 5% 0.24% 10 Police 18,999,049 4,903,743 4,817,812 4,488,220 4,631,393 (272,350) 24% (7)% 3% 1.43% 11 Fire 12,432,599 3,198,670 2,853,633 3,060,135 3,098,033 (100,637) 25% 7% 1% 0.81% 12 Technology & Innovation Svcs 2,040,671 345,605 337,848 306,852 435,264 89,659 21% (9)% 42% NO 13 Public Works 3,876,047 1,039,900 946,963 951,012 982,427 (57,474) 25% 0% 3% 1.48% 15 Park Maintenance 1,459,098 380,877 287,581 355,555 359,951 (20,926) 25% 24% 1% 1.43% 16 Street Maintenance & Operations 3,149,643 929,320 863,251 896,124 914,895 (14,425) 29% 4% 2% 0.46% Subtotal 59,025,013 15,092,568 13,871,427 13,871,323 14,260,732 (831,836) 24% (0)% 3% 1.41% 20 Dept 20 9,539,621 1,290,515 843,708 746,501 1,953,863 663,348 20% (12)% 162% Total Expenditures 68,564,634 16,383,084 14,715,134 14,617,824 16,214,595 (168,488) 24% (1)% 11% 0.25% Percent of year completed 25.00% GENERAL FUND CITY OF TUKWILA GENERAL FUND EXPENDITURES YTD AS OF MARCH 31, 2018 SUMMARY OF SALARIES AND BENEFITS BUDGET ACTUAL COMPARISON OF RESULTS 2018 ANNUAL 2018 ALLOCATED 2016 2017 2018 ACTUAL OVER/(UNDER) % EXPENDED % CHANGE ALLOCATED BDGT 2016/2017 2017/2018 11 Salaries 28,339,011 7,011,618 6,626,030 6,707,363 6,824,881 (186,737) 24% 1% 2% 12 Extra Labor 754,693 134,233 129,594 120,422 121,344 (12,889) 16% (7)% 1% 13 Overtime 1,632,035 446,732 319,509 405,308 347,533 (99,199) 21% 27% (14)% 15 Holiday Pay 525,583 3,768 3,286 1,394 4,453 685 1% (58)% 220% 21 FICA 1,843,030 457,062 424,605 433,168 444,188 (12,875) 24% 2% 3% 22 Pension-LEOFF2 880,275 199,950 196,349 199,023 207,671 7,721 24% 1% 4% 23 Pension-PERS/PSERS 1,608,904 385,016 337,406 359,165 416,156 31,141 26% 6% 16% 24 Industrial Insurance 940,895 220,942 156,232 148,586 149,178 (71,764) 16% (5)% 0% 25 Medical & Dental 6,395,135 1,612,101 1,406,860 1,405,462 1,389,441 (222,660) 22% (0)% (1)% 26 Unemployment 13,000 - 10,624 471 16,622 16,622 128% (96)% 3427% 28 Uniform/Clothing 10,500 1,420 777 642 1,265 (155) 12% (17)% 97% Total Salaries and Benefits 42,943,061 10,472,842 9,611,271 9,781,003 9,922,732 (550,110) 23% 2% 1% Percent of year completed 25.00% SUMMARY OF SUPPLIES, SERVICES, AND CAPITAL BUDGET ACTUAL COMPARISON OF RESULTS 2018 ANNUAL 2018 ALLOCATED 2016 2017 2018 ACTUAL OVER/(UNDER) EXPENDED % CHANGE ALLOCATED BDGT 2016/2017 2017/2018 Transfers 9,539,621 1,290,515 843,708 746,501 1,953,863 663,348 20% (12)% 162% 31 Supplies 1,176,504 308,342 244,428 263,070 221,518 (86,824) 19% 8% (16)% 34 Items Purchased for resale 22,000 74 (1,115) 69 - (74) - (106)% - 35 Small Tools 97,318 25,784 9,018 22,445 21,190 (4,595) 22% 149% (6)% 41 Professional Services 3,304,461 399,942 421,757 381,588 429,968 30,026 13% (10)% 13% 42 Communication 436,370 74,581 74,082 70,664 77,647 3,066 18% (5)% 10% 43 Travel 189,880 55,999 48,346 49,857 45,668 (10,331) 24% 3% (8)% 44 Advertising 51,500 10,576 7,844 5,593 5,424 (5,152) 11% (29)% (3)% 45 Rentals and Leases 2,313,038 632,499 654,468 538,074 541,025 (91,474) 23% (18)% 1% 46 Insurance 976,992 967,822 804,035 880,875 968,135 313 99% 10% 10% 47 Public Utilities 1,928,305 664,868 608,221 649,379 669,583 4,715 35% 7% 3% 48 Repairs and Maintenance 799,988 131,597 127,070 148,698 74,730 (56,867) 9% 17% (50)% 49 Miscellaneous 1,564,472 468,009 290,028 262,419 427,413 (40,595) 27% (10)% 63% 51 Inter -Governmental 3,191,119 871,527 731,296 800,674 843,556 (27,970) 26% 9% 5% 53 Ext Taxes, Oper. Assess 5 - 6 31 85 85 1702% 391% 179% 64 Machinery & Equipment 30,000 8,108 240,671 16,885 12,059 3,951 40% (93)% (29)% Total Supplies, Services, and Capital 25,621,573 5,910,241 5,103,863 4,836,822 6,291,864 381,622 25% (5)% 30% Percent of year completed 106 25.00% COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prypared by I Mayor's review Council review 07/23/18 VC 1 Cit-- 1 r`r- 08/06/18 VC 1 CATEGORY 11 Discussion .1 Resolution 11 Ordinance Mtg Date 1 Meg Date 08/06/18 SPONSOR ❑Council Mayor HR ❑DCD ►1.Finance Fire TS P&R Police ❑PIF ❑Court SPONSOR'S The Council is being asked to approve the ordinance amending TMC Chapter 3.48 related to SLU\IN-IARY commercial parking tax. In addition, an appeal fee is presented via resolution. RIAIFWLD BY ❑ C.O.W. Mtg. ❑ CDN Comm ❑ Trans &Infrastructure ❑ Arts Comm. DATE: 07/17/18 1 Comm. ❑ Public Safety Comm. Comm. ❑ Planning Comm. CHAIR: QUINN ❑ Parks COMMITTEE ITEM No. 4.A. ITEM INFORMATION 107 STAFF SPONSOR: VICKY CARLSEN ORIGINAL AGENDA DATE: 07/23/18 AGENDA ITEM TITLE Amend TMC Chapter 3.48 - Commercial Parking Tax 07/23/18 ❑ Motion Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Meg Date ❑ Other Mtg Date CATEGORY 11 Discussion .1 Resolution 11 Ordinance Mtg Date Mtg Date 08/06/18 Meg Date 08/06/18 SPONSOR ❑Council Mayor HR ❑DCD ►1.Finance Fire TS P&R Police ❑PIF ❑Court SPONSOR'S The Council is being asked to approve the ordinance amending TMC Chapter 3.48 related to SLU\IN-IARY commercial parking tax. In addition, an appeal fee is presented via resolution. RIAIFWLD BY ❑ C.O.W. Mtg. ❑ CDN Comm ❑ Trans &Infrastructure ❑ Arts Comm. DATE: 07/17/18 /1 Finance Comm. ❑ Public Safety Comm. Comm. ❑ Planning Comm. CHAIR: QUINN ❑ Parks COMMITTEE RECOMMENDATIONS: SPONSOR/ADMIN. COI\IMPITEE Finance Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ Fund Source: Comments: MTG. DATE [ RECORD OF COUNCIL ACTION 07/23/18 08/06/18 MTG. DATE ATTACHMENTS 07/23/18 Informational Memorandum dated 07/11/18 Comparison of Cities Levying Commercial Parking Tax Comparison of Tukwila Taxes and Late Fees Draft Ordinance increasing tax rate plus resolution adding appeal fee Minutes from the Finance Committee Meeting of 07/17/18 8/6/18 107 108 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Finance Committee FROM: Peggy McCarthy, Finance Director BY: Laura Crandall, Finance Staff CC: Mayor Ekberg DATE: July 11, 2018 SUBJECT: Revisions to Tukwila Municipal Code 3.48 — Commercial Parking Tax ISSUE Recommendation for Council to modify Tukwila Municipal Code (TMC) 3.48 to: 1) Increase the Commercial Parking Tax Rate and 2) add a penalty for late payment. BACKGROUND In 1998, the Tukwila City Council adopted Ordinance 1852 which provided for a five percent tax to be levied on gross revenues generated by commercial parking lots in the City. Since the adoption of the Ordinance, the taxation rate has remained unchanged. A public hearing on proposed revisions was held on November 21, 2017 and the draft ordinance has been further revised based upon comments at the hearing. TMC requires that parking taxes be remitted on or before the last day of the month following the month during which the taxes were collected. However, the Municipal Code does not outline a penalty for late payments, and so there is no incentive for payments to be made on time. DISCUSSION The initial proposed revision included a rate change from 5% to 15%, with the new rate effective January 1, 2018. That Ordinance has been revised to include a more gradual schedule of increase, shown below. • January 1, 2019 8% tax • January 1, 2020 11% tax • January 1, 2021 15% tax This change alleviates most of the concerns heard from the business community. In addition, over 50% of parking taxes in Tukwila were paid late. Implementing a 10% late fee would encourage businesses to submit taxes on time, improving the predictability of cash flow, and bringing the parking tax penalty in line with penalties assessed for other City taxes. FINANCIAL IMPACT The following projected revenues are based on 2017 tax revenues collected at the 5% rate. Projected Annual Commercial Parking Tax Revenue 2017 Actuals January 2019, 8% 2020, 11% 2021, 15% $ 214,493 $ 343,189 $ 471,885 $ 643,479 109 INFORMATIONAL MEMO Page 2 RECOMMENDATION The City Council is being asked to approve the parking tax ordinance and fee resolution and consider these items at the July 23, 2018 Committee of the Whole meeting and subsequent August 6, 2018 Regular Meeting. ATTACHMENTS A. Comparison of Cities Levying Commercial Parking Tax B. Comparison of Tukwila Taxes and Late Fees C. Draft Ordinance Repealing Ordinance 1852 and re-enacting TMC Chapter 3.48 D. Resolution Adding Appeal Fee 110 Z:\Council Agenda Items\Finance\7.17.18\Info Memo - Parking Tax 7.11.18.docx ATTACHMENT A Comparison of Cities Levying Commercial Parking Tax Entity Levying Tax Tax Rate No Limit Tax Due Date May be monthly, quarterly, or annual Penalty for Late Payment Each muncipality may develop own rules State (RCW 82.80.030) Bainbridge Island 30% Quarterly 10% per month Bremerton 15% Quarterly <30 days = 10% 31-60 days = 15% >61 days = 20% Mukilteo 8% or 25% (depends on location) Quarterly 10% per month SeaTac $3 per vehicle + annual increase based on CPI -W* Monthly None Seattle 12.50% Quarterly 5% 29% (varies according to RCW 82.32.090) Tukwila (current) 5% Monthly None Tukwila (Proposed) 15% Monthly 10% of total due per month * Updated 6/5/2018 C:\Users\laura-c\OneDrive - City of Tukwila\Parking Tax\Commercial Parking Tax -City Comparison A - City Comparison 2018 112 ATTACHMENT B Comparison of Tukwila Taxes & Late Fees C:\Users\laura-c\OneDrive - City of Tukwila\Parking Tax\Commercial Parking Tax -City Comparison B - Comparison Tuk Taxes & Fees TMC Chapter Enacted in Tax Rate Collection Period Due Date Late Fee Assessed After Late Fee Amount GAMBLING TAX 3.08 1997 From 2% to 20% depending on type of activity Quarterly On or before last day of month following quarter in which tax was collected 15 days late 10% per month ADMISSIONS & ENTERTAINMENT TAX 3.20 1995 5% Monthly On or before last day of month following month in which tax was collected 1 day late 10% per month COMMERCIALOn PARKING TAX 3.48 1998 5% Monthly or before last day of month following month in which tax was collected n/a n/a UTILITY TAX (electric, gas, telephone, or cable tv) 3.50 2002 6% (2007 +) 5% (2005-2006) 4% (2003-2004) Monthly (small entitles may file annually) On or before last day of month following month in which tax was collected 15 days late 10% per month SOLID WASTE UTILITY TAX 3.51 2009 6% Monthly On or before last day of month following month in which tax was collected 15 days late 10% per month REET #1 3.56 1986 0.25% Monthly Within 30 days of sale 1 day late 1% interest per month from time of sale until date of payment REET #2 3.60 1999 0.25% Monthly Within 30 days of sale 1 day late 1% interest per month from time of sale until date of payment C:\Users\laura-c\OneDrive - City of Tukwila\Parking Tax\Commercial Parking Tax -City Comparison B - Comparison Tuk Taxes & Fees 114 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 1852; REENACTING TUKWILA MUNICIPAL CODE CHAPTER 3.48, "COMMERCIAL PARKING TAX," RELATING TO THE LOCAL OPTION TRANSPORTATION TAX TO INCREASE THE TAX RATE AND ADOPT A PENALTY FOR LATE PAYMENT; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, pursuant to RCW 82.80.030, the City of Tukwila is authorized to fix and impose a parking tax on all persons engaged in a commercial parking business within its respective jurisdiction; and WHEREAS, in 1998 the Tukwila City Council adopted Ordinance No. 1852, pursuant to RCW 82.80.030, to levy a 5% parking tax on all commercial parking businesses within the City; and WHEREAS, the City Council has determined that a rate increase is warranted as the City has a substantial need to increase tax revenue in order to discharge the expected expenses and obligations of the City, and based on review of neighboring cities' tax rates, and noting that the current tax rate has not been altered since its adoption 20 years ago; and WHEREAS, in addition to a rate increase, the Council desires the adoption of a penalty for late payment, as the timely payment of the tax is difficult to enforce absent a late penalty and nearly 50% of parking taxes in 2016 were remitted to the City after the due date, and it is standard practice for City taxes to include a penalty for late payment in order to provide stability for the City's budgeting purposes; and WHEREAS, the City held a duly noticed public hearing on this tax increase on November 27, 2017; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: W: Word Processing\Ordinances\Commerciai Parking Tax amended -TMC 3.48 7-9-18 SW:bjs Page 1 of 6 115 Section 1. Repealer. Ordinance No. 1852, as codified at Tukwila Municipal Code Chapter 3.48, is hereby repealed in its entirety. Section 2. TMC Chapter 3.48 Reenacted. Tukwila Municipal Code (TMC) Chapter 3.48 is hereby reenacted to read as follows: CHAPTER 3.48 COMMERCIAL PARKING TAX Sections: 3.48.010 Definitions 3.48.020 Exemptions 3.48.030 Local Option Transportation Tax Imposed 3.48.040 Tax in Addition to Other License Fees or Taxes 3.48.050 Exempt Vehicles 3.48.060 Taxes Collected by Business Operators 3.48.070 Late Penalty 3.48.080 Use of Fund 3.48.090 AppUicatior Liability and Reporting 3.48.100 Violation/Penalty 3.48.110 Appeal Procedure Section 3. TMC Section 3.48.010 is hereby reenacted to read as follows: 3.48.010 Definitions The following definitions shall apply throughout this chapter: 1. "Commercial parking business" means the ownership, lease, operation or management of a commercial parking lot in which fees are charged for parking. 2. "Commercial parking" means any transaction or arrangement whereby a vehicle is parked and a fee is charged for parking or allowing the vehicle to be parked. Commercial parking shall include instances where a fee is charged specifically for the parking of a vehicle. This shall include any business which uses part or all of its area to park vehicles for a fee where no other service, lodging or business is being provided or conducted in conjunction with the parking of the vehicle. Commercial parking shall also include instances such as when a guest of a hotel, motel or other lodging establishment is allowed to park or leave his/her vehicle before or after his or her lodging or business stay there so that, for a fee, the guest's vehicle is parked at the hotel, motel or other lodging establishment during days when the guest is no longer staying there. W. Word Processing\Ordinances\Commercial Parking Tax amended -TMC 3 48 7-9-18 SW.bjs 116 Page 2 of 6 Section 4. TMC Section 3.48.020 is hereby reenacted to read as follows: 3.48.020 Exemptions The following exemptions to the commercial parking tax are allowed: 1. Local employee parking, with parking spaces provided or reserved for use by an employee who works within the City, where the employee parks his or her vehicle in connection with his or her employment, without regard to whether arrangements or payment for the parking is made by the employee or by his or her employer. 2. Apartments and condominiums, where parking is provided in conjunction with arrangements for residential living spaces. 3. Offices, retail establishments, warehouses and industrial buildings, where parking is provided in association with tenant arrangements for the use of such facilities. Section 5. TMC Section 3.48.030 is hereby reenacted to read as follows: 3.48.030 Local Option Transportation Tax Imposed There is hereby levied a special local option transportation tax to be imposed in connection with commercial parking businesses within the City. The tax shall be imposed at the rate of -5-% 8% of the gross revenues generated by non-exempt commercial parking charges and fees effective January 1. 2019, and then as follows: January 1, 2020: 11% of the aross revenues aenerated by non-exempt commercial parking charaes and fees January 1, 2021: 15% of the Gross revenues aenerated by non-exempt commercial Parking charaes and fees Section 6. TMC Section 3.48.040 is hereby reenacted to read as follows: 3.48.040 Tax in Addition to Other License Fees or Taxes The tax levied under this chapter shall be in addition to any license fee or tax imposed or levied under any law, statute or ordinance whether imposed or levied by the City, State or other governmental entity or political subdivision. Section 7. TMC Section 3.48.050 is hereby reenacted to read as follows: 3.48.050 Exempt Vehicles The tax shall not be levied on vehicles with official State disabled person decals, government vehicles which are exempt from tax, and tax-exempt carpool vehicles. W: Word Processing\Ordinances\Commercial Parking Tax amended -TMC 3.48 7-9-18 SW:bjs Page 3 of 6 117 Section 8. TMC Section 3.48.060 is hereby reenacted to read as follows: 3.48.060 Taxes Collected by Business Operators Taxes imposed herein shall be collected by the operators of the commercial parking businesses, and shall be due and payable to the City in monthly installments. The operators of the commercial parking businesses shall remit to the City the local option transportation taxes collected on or before the last day of the month following the month during which the taxes were collected. The City shall be authorized to review and inspect financial records involving activities of businesses which are taxable by this tax, at least quarterly each year. Section 9. TMC Section 3.48.070 is hereby established to read as follows: 3.48.070 Late Penalty If a Commercial Parkina Business subiect to this tax fails to pay any tax reauired b this chapter within 15 days after the due date thereof, there shall be added to such tax a penalty of 10% of the tax per month for each month overdue. which shall be added to the amount of the tax due. Section 10. TMC Section 3.48.080 is hereby reenacted to read as follows: 3.48.070080 Use of Fund All revenues, assessments and other charges generated and collected as local option transportation taxes shall be placed in the City's 104 Bridge and Arterial Street Fund, to be used for transportation purposes within the Transportation Element of the Tukwila Comprehensive Trenoror+at!on Plan, in accordance with RCW 82.80.070; and to be used for administration of the tax, including those activities of the City in keeping and tracking records, financial reports and other documents, reviewing filings and compiling reports by commercial parking businesses, and other activities involved in collection and enforcement of the tax. Section 11. TMC Section 3.48.090 is hereby reenacted to read as follows: 3.48.040090,APr,!�.^.et!o:: end Liability and Reporting A.. A r+,, 00,4i rn'-' rc+i n I rye de`i in,, hI I I in n c c re in nil rrra frnm +hr. ('`if" C in Ini v...... ,i.' ... ... — . , .,, .. 1,114411 nnr+ifinn+a fan, fnr ,n,hinh shall in +roll" n (VI hQ1 rnrjrl i+ chnll hn inns,.+nrl in ,.,11.11.,./N,..., y, u. 1.14,.., .vv ,ve were ..v.. v.. .. 1.111., .y w V , , u v..ve. r .� me Ann -al rene'':e!s ...II e ccnspicuous i' lace .,. the r ie.i+hnl i+ n felYtte a.a �{f:rs0 erlf Ini-s I :n:nnnn. D Thv n nNnl malt fir a var}'finn+ �f rein+rn+Iv oh111 fii ri.h +ha Cin,,inna furan}nr V . ... v. a . van�v . ev..a.+.i iiI 1.11v .II IV..vv vela .e,i+h o nmmr-,ln+nrl n rsj!cativn +f +h In Vin II ni n in yr e inti ii+l-. }kin 1111nenn.ov end address of any owners ar !assess h n II h n ifi r1 of +h . I I of ink in ,4ifinn+ All c'':nerc enrl !oessooc chall hevc inin+ liobili}", fpr+he I ... +.i iviv •.a. 1111. •vv v J.i ..W Iv...♦ ......w. •� a..v veV vnllnn+inn end jai-ni++nnce to the (`i, } of r�.s rliir�n }.sync nnrl +hDe.r c4-..-.11ha nn+ifin,J vnf +hnir i in} linhili}., fnr vnllnn+inn ory nra lm i++nr+nq r.,..,.... , ,. y 1111 i. .v .. �,- ..� I.,.N/...,j „v..vv...,.. "..r, . 111 1. of such tax. W: Word Processing\Ordinances\Commercial Parking Tax amended -TMC 3.48 7-9-18 SW:bjs 118 Page 4 of 6 A. All officers, directors and managers of any organization or association operating a Commercial Parking Business. including owners and lessees of a parking facility used for Commercial Parking. shall be jointly and severally liable for the payment of said tax, penalties, and any fine imposed under this chapter GB. The Finance Director shall have the power to adopt rules and regulations not inconsistent with the terms of this chapter for carrying out and enforcing the payment, collection and remittance of the tax herein levied; and a copy of the rules and regulations shall be on file and available for public examination in the City C!erk's offic..City of Tukwila Finance Department. Section 12. TMC Section 3.48.100 is hereby reenacted to read as follows: 3.48.090100 Violation/Penalty It is unlawful for any person, firm or corporation engaged in a Coommercial pParking bBusiness to fail or refuse to collect and remit parking taxes as required by the provisions of this chapter or to gain for himself or herself some advantage or benefit from the tax, whether direct or indirect. Any such violation shall constitute a misdemeanor and shall be punishable by a fine not to exceed $1,000 and/or by imprisonment not exceeding 90 days. Any such fine shall be in addition to any tax and penalties required. Section 13. TMC Section 3.48.110 is hereby established to read as follows: 3.48.1-00110 Appeal Procedure A. Any person aggrieved by the amount calculation of the tax determined to be due to the City pursuant to this chapter may appeal to the Finance Director or his/her designee from such determination by filing a written notice of appeal with the City Clerk within 20 calendar days from the date on which such person was given notice of the tax. The notice of appeal must state the arounds for appeal. including a detailed explanation of why the amount of the tax was incorrect. The Finance Director or designee shall, as soon as praotinaahle fix n +imp. ^r.-4 pInne for the h^aring for N"t cn of the hearing rr1 +h r� nrr�nl oh•nll r.v w am +l+ +kn nrar,,ll.-.r+ ha, nc,rFifinr: r+« -;i n+ Irma++ fn. Ay /s. r rirr the date of the hearing review the basis for the appeal, and may request clarification from the appellant. After the review is complete, the Finance Director or designee shall issue an administrative decision that may sustain or modify the amount of tax owed. Notice of the administrative decision shall be sent to the appellant by certified mail within 10 days of issuance. B. The appellant, if aggrieved by the decision of the Finance Director or designee, may then appeal to the City Hearing Examiner within 20 calendar days of the date of -the administrative decision is mailed to the appellant. The notice of appeal must state the grounds for appeal, including a detailed explanation of why the administrative decision is incorrect. The notice of appeal must be accompanied by an Appeal Fee in accordance with the fee schedule adopted by resolution of the City Council. W: Word Processing\Ordinances\Commercial Parking Tax amended -TMC 3 48 7-9-18 SW bjs Page 5 of 6 119 C. Upon timely filing of a notice of appeal, the Finance Director shall schedule a hearing on the appeal before the City's Hearing Examiner. The hearing shall be conducted no later than 30 days from the date of the notice of appeal, unless an extension is aareed to by the appellant or otherwise ordered by the Hearing Examiner for good cause shown. Notice of the hearing and the appeal shall be given to the appellant by certified mail at least five days prior to the date of the hearing. D. The hearing shall be governed by the City of Tukwila Hearing Examiner's procedural rules. The hearing shall be de novo. The decision of the City's Hearing Examiner or other hearing body shall be based upon a preponderance of the evidence. The burden of proof shall be on the appellant. The Hearing Examiner or other hearing body may affirm, reverse or modify the Finance Director's decision. E. Within 20 business days, excluding holidays recognized by the City of Tukwila, from the date of the hearing on an appeal under this section, the Hearing Examiner shall issue a written decision which shall set forth the reasons therefor. Section 14. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 15. 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 16. 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 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 , 2018. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing\Ordinances\Commercial Parking Tax amended -TMC 3.48 7-9-18 SW bjs 120 Page 6 of 6 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A FEE SCHEDULE FOR TUKWILA MUNICIPAL CODE CHAPTER 3.48, "COMMERCIAL PARKING TAX." WHEREAS, the City Council intends to remove specific amounts for fees and charges from the Tukwila Municipal Code in favor of a City-wide fee resolution; and WHEREAS, the updated commercial parking tax ordinance references an appeal process, including an appeal fee, which will be included as part of the City-wide fee resolution; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Fee Schedule. The following fee shall be charged to appellants by the City of Tukwila Finance Department to appeal a commercial parking tax decision: Type of appeal Hearing Examiner Appeal Fee TMC 3.48.110 Fee $250.00 PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2018. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Verna Seal, Council President APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Resolution Number: Rachel B. Turpin, City Attorney W:\Word Processing\Resolutions\Commercial parking tax appeal fee schedule 7-9-18 SWNC-bjs Page 1 of 1 121 122 City of Tukwila City Council Finance Committee FINANCE COMMITTEE Meeting Minutes July 17, 2018 - 5:30 p.m. - Hazelnut Conference Room, City Hall Councilmembers: De'Sean Quinn, Chair; Dennis Robertson, Verna Seal Staff: David Cline, Rick Mitchell, Peggy McCarthy, Vicky Carlsen, Stephanie Brown, Erika Eddins, Jay Wittwer, Gail Labanara, Wynetta Bivens, Laurel Humphrey CALL TO ORDER: Committee Chair Quinn called the meeting to order at 5:30 p.m. I. PRESENTATIONS II. BUSINESS AGENDA A. Ordinance and Resolution: Updating Commercial Parking Tax Staff is seeking Council approval of an ordinance and resolution to amend Tukwila Municipal Code 3.48 to gradually increase the commercial parking tax from 5% to 15% and impose a late penalty of 10% per month. The commercial parking tax was established in 1998 and has not been updated since then. An increase to 15% will make the rate comparable to tax rates in surrounding jurisdictions. There are currently nine parking facilities in Tukwila that charge customers and are therefore subject to this tax. Parking tax revenues are restricted to transportation projects. An ordinance was proposed to Council last year that would have made the 15% rate effective on January 1, 2018. Following a public hearing held on November 21, 2017, staff revised the proposal to graduate the increase by imposing 8% in 2019, 11% in 2020, and 15% in 2021. Councilmember Robertson stated that he would like Tukwila's rate to match SeaTac, which currently charges $3 per vehicle, and will not support the proposal as presented. Councilmembers Quinn and Seal stated support for the proposals. Proposed ordinance: MAJORITY APPROVAL WITH COUNCILMEMBER ROBERTSON OPPOSED. FORWARD TO JULY 23, 2018 COMMITTEE OF THE WHOLE. Proposed resolution: UNANIMOUS APPROVAL. FORWARD TO JULY 23, 2018 COMMITTEE OF THE WHOLE. B. 2017 4th Quarter and 2018 1st Quarter Financial Reports Staff presented the Committee with the City's 2017 4th Quarter Financial Report which captures the general state of financial affairs and highlights significant items and trends. For the period ending December 31, 2017 revenues are below budget by $2.3 million and expenditures are below budget by $2.7 million. While ongoing revenues were less than total expenditures by $281K, ongoing revenues exceeded department expenditures by $5.2M Department expenditures were below budget by $2.6M. Through March 31, 2018, revenues are below 123 124 COUNCIL AGENDA SYNOPSIS Initials MeetingDate Prepared by I Mayor's review Council review 7/23/18 RB 1 (` .4)--- a .,t'` 8/6/18 RB 1 Mtg Date 1 SPONSOR ❑Councili4Mayor HR ❑DCD Finance Fire ❑TS P&R ❑Police ❑PIF ❑Court SPONSOR'S The Council is being asked to approve contract amendments needed due to the SUMMARY modifications made to the Public Safety Plan. RI A'IEWItI) BY ❑ C.O.W. Mtg. ❑ CDN Comm ❑ Finance Comm. ❑ Trans &Infrastructure ❑ Arts Comm. [] Parks Comm. DATE: 7/16/18 COMMITTEE CHAIR: HOUGARDY ►1 Public Safety Comm. ❑ Planning Comm. RECOMMENDATIONS: SPONSOR/ADMIN. COF-IMIITEE I Unanimous Approval; Forward to C.O.W. 1 ITEM INFORMATION ITEM No. 4.B. 125 STAFF SPONSOR: RACHEL BIANCHI ORIGINAL AGENDA DATE: 7/23/18 AGENDA ITEM TITLE Contract amendments for Public Safety Plan project management, architectural and GC/CM services. CATEGORY 11 Discussion 7/23/18 Motion Date 8/6/18 ❑ Resoluron 111tgDate ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing i\itg Date ❑ Other Mtg Date Mtg Date Mtg SPONSOR ❑Councili4Mayor HR ❑DCD Finance Fire ❑TS P&R ❑Police ❑PIF ❑Court SPONSOR'S The Council is being asked to approve contract amendments needed due to the SUMMARY modifications made to the Public Safety Plan. RI A'IEWItI) BY ❑ C.O.W. Mtg. ❑ CDN Comm ❑ Finance Comm. ❑ Trans &Infrastructure ❑ Arts Comm. [] Parks Comm. DATE: 7/16/18 COMMITTEE CHAIR: HOUGARDY ►1 Public Safety Comm. ❑ Planning Comm. RECOMMENDATIONS: SPONSOR/ADMIN. COF-IMIITEE Mayor's Office Unanimous Approval; Forward to C.O.W. COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 7/23/18 MTG. DATE ATTACHMENTS 7/23/18 Informational Memorandum dated 7/10/18 (Updated after Public Safety Com.) Shiels Obletz Johnsen Contract Amendment 1 Weinstein A+U Contract Amendment 1 DLR Group Contract Amendment 1 Lydig Construction Contract Amendment 1 BNBuilders Contract Amendment 1 Justice Center and Fire Station budgets Minutes from the Public Safety Committee meeting of 7/16/18 8/6/18 125 126 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Public Safety Committee FROM: Rachel Bianchi, Communications and Government Relations Manager CC: Mayor Ekberg DATE: July 16, 2018 SUBJECT: Project Management, Architect and GCCM Contract Amendments for the Public Safety Plan Update after the July 16 Public Safety Committee Meeting; The Committee asked that the project budgets for the fire stations and iustice center be included in the packet. including the updated version that reflects Council's recent decision to not construct a new Fire Station 54 at this time. These are included as attachments. The fee increases in proiect management and architectural services have already been calculated in the modified budgets previously presented to Council. The project management fee increase also includes work on the Public Works facility. which has a $30M total budget for acquisition, master planning and improvements to at least one existing building. ISSUE The Council recently approved the modified Public Safety Plan, which included the updated budgets associated with each of the projects. Because the project budgets have changed from when the contracts for project management, architecture and GCCM services were signed, these contracts must be amended to accurately reflect the modified projects. In addition, some of the contract language was edited in the GCCM contracts to clarify the mutually -intended message. BACKGROUND In November of 2016, the voters in Tukwila approved the City's Public Safety Bond as a part of the overall Public Safety Plan. Higher than expected construction cost escalation rate as well as extremely saturated construction market in the greater Seattle area have resulted in the construction budgets much higher than originally anticipated in the Bond measure. As a result, Fire Station 54 was removed from the program and Public Works scaled to the original budget of $30M. Contracts for project management and architectural services are based proportionally on constructions costs, so the modified budgets resulted in additional fees for these services. However, these fees are included in the modified project budgets previously presented to Council and these amendments are not adding additional costs to the modified Public Safety Plan. Below is an overview of the proposed amendments: Project Management Contract: • Shiels Obletz Johnsen: Increase in fee for project management services by $492,898 as a result of the increase from the original to the modified budget for the entire Public Safety Plan. Architects Contracts: 127 INFORMATIONAL MEMO Page 2 • Weinstein A+U: Increase in fees for architecture and engineering services by $395,537 as a result of the increase from the original to the modified budget for two fire stations. • DLR Group: Increase in fees for architecture and engineering services by $953,830 as a result of the increase from the original to the modified budget for the GCCM Contracts: • Lydig Construction: Removes Fire Station 54 from the contract and modified contract language to better reflect mutually -intended intent. • BNBuilders: Modified contract language to better reflect mutually -intended intent. All of the contract amendments were reviewed and approved by the Council's Project Management Quality Assurance consultant. RECOMMENDATION The Public Safety Committee is asked to approve all of the contract amendments. The staff asks that the contract amendment be moved to the July 23, 2018 Committee of the Whole meeting for approval and forward to the August 6 Regular Meeting. ATTACHMENTS Shiels Obletz Johnsen Contract Amendment No. 1 Weinstein A+U Contract Amendment No. 1 DLR Group Contract Amendment No. 1 Lydig Construction Contract Amendment No. 1 BNBuilders Contract Amendment No. 1 Justice Center modified budget Fire Stations modified budget Z:\Council Agenda Items\Communications\Modified PSP Contracts Update Memo doc 128 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: 16-179 CONTRACT FOR SERVICES Amendment # 1 Between the City of Tukwila and Shiels Obletz Johnsen, Inc. That portion of Contract No. 16-179 between the City of Tukwila and Shiels Obletz Johnsen, Inc.. is hereby amended as follows: I. Project Designation: The Consultant is retained by the City to perform Property Management Services in connection with the project titled Public Safety Plan. 2. Scope of Services: The Consultant agrees to perform the services, identified on Exhibits "A" attached hereto, including the provision of all labor, materials, equipment and supplies related to completion of the revised and updated program scope and budget. 3. Duration of Agreement; Time of Performance This Agreement shall be in full force and effect for a period commencing upon execution and ending March 31, 2021, unless sooner terminated under the provisions hereinafter specified. Work under this Agreement shall commence upon written notice by the City to the Consultant to proceed. The Consultant shall perfoml all services and provide all work product required pursuant to this Agreement no later than March 31, 2021, unless an extension of such time is granted in writing by the City. All other provisions of the contract shall remain in full force and effect. Dated this day of , 20 CITY OF TUKWILA CONTRACTOR Allan Ekberg, Mayor Printed Name: Ken Johnsen, President ATTEST/AUTHENTICATED APPROVED AS TO FORM Christy O'Flaherty, MMC, City Clerk Office of the City Attorney CA Revised December 20IG Page 1 of 1 129 130 S 0 J ATTACHMENT A Tukwila Public Works Projects TOTAL ESTIMATED FEE (YOE$): ( 7/16/2018 qurvalent Flt: 1,/8 1./8 1.15 1.00 1.00 4,01 Z. Reimbursable Expenses 500 500 500 500 500 500 500 3,5001 500 500 500 500 500 500 500 500 500 500 500 500 4 2.6 2.6 2.5 2.5 2.5 2.5 2.5 2.5 2 1 9 1.5 1 3 1.1 1.1 0.5 0.5 0 1 0 0 500 500 500 500 500 500 500 500 500 500 500 500 100 100 100 Reimburseables Fee of Total Project Budget Fee of MACC Ave Monthly FTE $ 12,300 I Reimurseables 363% 4.05% 2.02 15,800 (Estimate to complete) $ 2,216,521 (Expended to date) $ 970,692 (Total estimate) $ 3,187,414 (Current Contract Amt) -$2,694,516 (Amendment No. 1) II $492,8981 Feb 11 5 ID c 2 I unrl j,c yep n z° Dec subtotal hours 2020 N 11 - Justice Center - Fire Station 51 - Fire Station 52 - City Shops unrl 'Aug Sep p z Dec SubTotal Est Hours (thru 2018) SUBTOTAL FOR PROJECT (thru 2018) o, Feb 1Mar 1 c Aug Sep o z o subtotal hours 2019 o ry Feb Mar Apr 2 Jun 1 '5 Aug subtotal hours 2021 SubTotal Est Hours (2019-2021) SUBTOTAL FOR PROJECT (2019-2021) Total Est Hours TOTAL FOR PROJECT Design Phase Bid/Construction Phase Move In 1 Closeout 1 _ Design Phase Bid/Construction Phase I Move In 1 Closeout Design Phase Bid/Construction Phase I Move In I Closeout 4 A/ procurement Programming / Mr sterplanning Ph1 C esign Phase Bidding PH 1 Construction Phase Move In Closeout 2 2 2 2 2 Ken Johnsen: Est. Hours Billino Rate: $278/hour 4 4 4 4 4 4 28 $ 8,018 4 4 4 4 4 4 4 4 2 2 2 2 40 2 2 2 2 2 2 2 24 2 2 2 6 70 $ 20,965 98 S 28 983 3,360 S 741,405 Justine Kim: Est. Hours Billing Rate: $206/hour 80 80 80 80 _ 80 90 90 580 $ 123,064 90 90 90 90 90 110 110 110 130 130 130 130 1,300 130 130 130 110 110 110 110 110 110 90 90 90 1,320 40 40 40 20 20 160 2,780 $ 618,340 4.555 S 757,978 Cariie Holmes: Est. Hours Billing Rate: $155/hour 95 95 95 95 95 110 110 695 . $ 110,957 110 110 120 140 140 140 160 160 160 160 160 160 1,720 160 160 160 160 160 160 160 160 160 140 120 100 1,800 100 80 80 40 40 340 3,860 - .$ 647,021 680 S 54,266 Paige Primsiaar Billing Rate- $ 75/hour 20 20 20 30 30 30 30 180 $ 13.905, 30 30 30. 30 30 30 30 30 30 30 10 10 320 10 10 10 10 10 10 10 10 10 10 10' 10 120 20 20 20 60 500 $ 40,361 2.660 $ 511,437 Ethan Bernau Billing Rate: $180/hour 75 75 75 75 75 75 75 525 $ 97.335 75 75 75 95 95 95 95 95 95 95 95' 95 1,080 95 95 95 95 95 95 95 95 95 60 60 20 995 20 20 20 60 2,135 $ 414,102 712 S 106,654 Adam Strutynski Est. Hours Billing Rate: $139/hour 16 16 16 16 16 16 16 112 $ 16.035 20 20 20 20 20 20 20 20 20 20 20 20 240 20 20 20 20 20 20 20 20 20 20 20 20 240 20 20 20 20 20 20 120 600 $ 90,618 2,120 9,945 12,065 $ 269,314 $ 1,831,408 S 2,200,721 qurvalent Flt: 1,/8 1./8 1.15 1.00 1.00 4,01 Z. Reimbursable Expenses 500 500 500 500 500 500 500 3,5001 500 500 500 500 500 500 500 500 500 500 500 500 4 2.6 2.6 2.5 2.5 2.5 2.5 2.5 2.5 2 1 9 1.5 1 3 1.1 1.1 0.5 0.5 0 1 0 0 500 500 500 500 500 500 500 500 500 500 500 500 100 100 100 Reimburseables Fee of Total Project Budget Fee of MACC Ave Monthly FTE $ 12,300 I Reimurseables 363% 4.05% 2.02 15,800 (Estimate to complete) $ 2,216,521 (Expended to date) $ 970,692 (Total estimate) $ 3,187,414 (Current Contract Amt) -$2,694,516 (Amendment No. 1) II $492,8981 132 FIRST AMENDMENT TO CONSULTANT AGREEMENT FOR ARCHITECTURAL DESIGN AND PLANNING SERVICES FOR TUKWILA FIRE STATIONS 51, 52, AND 54 PROJECT This First Amendment (the "First Amendment"), effective as of , 2018 (the "Effective Date"), is entered into by and between CITY OF TUKWILA, WASHINGTON ("City"), and WEINSTEIN AU, LLC ("Architect"). This First Amendment is an addition to and modifies the Consultant Agreement for Architectural Design and Planning Services between the parties dated April 19, 2017 (the "Agreement"). This First Amendment incorporates the contractual obligations outlined in the Agreement, and modifies the Agreement as stated below. Unless defined differently herein, all capitalized terms in this First Amendment have the same meaning as in the Agreement. Now for and in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Deletion of Fire Station 54. The City is not pursuing the design and construction of Fire Station 54 through the Agreement. Accordingly, all references to Fire Station 54 in the Agreement are deleted, and Architect will render no further services, and the City shall make no further payments, for Fire Station 54. The scheduling of services for Fire Stations 51 and 52 shall remain as described in Exhibit A, Section A.1.4, except that only Fire Station 52 will follow the completion of the Design Phase of Fire Station 51 ( , the Design and Cst.i,c.t;n- r;rn Station 52 will no longer proceed simultaneously with Fire Station 54). 2. Compensation. Architect's compensation for the Project shall be increased by a net total of Three Hundred Ninety -Five Thousand Five Hundred Thirty -Seven Dollars ($395,537). Accordingly, Architect's total compensation for the Project will not exceed Two Million Four Hundred Eighty -Five Thousand Two Hundred Fifty -Four Dollars ($2,485,254), as further described in the A/E Fee Reconciliation Summary dated July 9. 2018, which is attached as Exhibit A and incorporated by this reference. All provisions of the Agreement referring to Architect's compensation, including Exhibit B Article 11, shall be revised accordingly. The Table of Fees on Page 5 of the Agreement shall be revised to read: FS 51 Design and Construction FS 52 Design and Construction Subtotal Additional Services, both stations (AS01- 1 1, AS 13) $932,443 $1,166,546 $2,098,989 $148,051 Subtotal $148,051 Programming Phase (completed) $155,116 Site Selection (completed) $83,109 Subtotal $238,225 Total Fee ,AET1755447 DOC ;1/05720.00©0011 l $2,485,254 133 3. All other terms and conditions of the Agreement remain unchanged and are hereby ratified and confirmed. IN WITNESS WHEREOF, the Parties have executed this First Amendment as shown below. CITY OF TUKWILA Allan Ekber Ma of WEINSTEIN AU, LLC By: Attest/Authenticated: Printed Name: Title: Approved as to Form: City Clerk, Christy O'Flaherty Office of the City Attorney AET1755447.DOC ;1 /O5720.00000 1/ ; 2 134 Exhibit A Please see the attached A/E Reconciliation Summary, dated July 9, 2418 tAET1755447 DC .I/05720.©4U{}U11 ; 135 WEINSTEINA+U ARCHITECTS+ URBAN DESIGNERS TUKWILA FIRE STATIONS A/E Fee Reconciliation Summary 7/9/18 Programming $155,116 Site Selection $98,150 Fee Required: WAU $16,390 LPD $6,600 Swift $2,572 Hart Crowser $50,000 TCA $0 Robinson $0 WAU Mark-up $5,917 Rei rn bu rsa b l es $1,630 TOTAL $83,109 FS54 CREDIT -$15,041 A501 City Council Presentations $3,902 AS02 Sustainability Memo $9,609 AS03 Additional Meetings (to date) $17,962 A504 Cost Review Support $3,763 AS05 IC Massing + Site $4,845 AS06 IC City Hall Test Fit $4,590 AS07 Preliminary Site Vetting $6,143 AS08 GC/CM Coordination (to date) $43,021 AS09 Preliminary Signalization $5,208 AS10 FS54 Legacy Trees $1,980 AS11 Add'I Civil Site Support $7,117 AS12 F55.2 Additional Site Analysis Included ea Site Selection AS13 Southcenter Pkwy Redesign $39,911 FS51 Design and Construction $932,433 FS52 Design and Construction $1,166,546 TOTAL New Contract Amount $2,485,254 Current Contract Amount $2,089,717 Delta $395,537 2200 Western Avenue Suite .301, Seattle, WA 98171-1921 WeinsteinAU.cwln T 206 443 8606 F 206 413 1218 136 TUKWILA FIRE STATIONS Additional Services Summary 7/9/18 A501 City Council Presentations WAU $3,825 Reimbursables $77 TOTAL $3,902 A502 Sustains bility Memo WAU $3,675 TCA $825 O'Brien $4,203 Swift $300 Mark-up $533 Rei mbursabies $74 TOTAL $9,609 AS03 Additional Meetings WAU $11,781 TCA $3,218 Swift $1,238 Feature Graphics $950 Mark-up $541 Reimbursables $236 TOTAL $17,962 ASO4 Cost Review Support WAU $843 TCA $2, 640 Mark-up $264 Reimbursables $17 TOTAL $3,763 ASO5 3C Massing + Site WAU $4,750 Reimbursables $95 TOTAL $4,845 A506 3C City Hall Test Fit WAU $4,500 Reimbursables $90 TOTAL $4,590 AS07 Preliminary Site Vetting WAU $5,375 LPD $600 Mark-up $60 Reimbursables $108 TOTAL $6,143 A508 GC/CM Coordination WAU $33,555 Greenbusch $2,640 Travis Fitzmaurice $825 Robinson $4,530 Mark-up $800 Reimbursables $671 TOTAL $43,021 AS09 Preliminary Signalization WAU $0 W H Pacific $4,735 Mark-up $473 TOTAL $5,208 A510 FS54 Legacy Trees WAU $0 SWIFT $1,800 Mark-up $180 TOTAL $1,980 AS11 Add"1 CMI Site Support WAU $0 LPD $6,470 Mark-up $647 TOTAL $7,117 AS12 P5S2 Additional Site Analysis Included wiTh Silr Sei`•'.-1, , AS13 Southcenter Pkwy Redesign WAU $3,300 WHPacific $33,282 Mark-up $3,328 TOTAL $39,911 2200 Western Avenue Suite 301, Seattle, WA 9812.1-1921 2 r 2 WeilistemAlJ.corn 7 206 443 13606 F 206.143 1218 A16s TF5 iievhed A. E. Fee Pl po,,Lions 137 Weinstein A+U FS51 Fee Calculation July 9.2018 Tukwila Fire Stations Fee Proposal BASIC FEE CALCULATION BaSei ne Bkidding Aucm Site Area Prosed (MACC) per SD Estimate AJE Base Service Per WA State Fee Schedule 2015 -Type EP Assumes a 15 Month Construction Pentad Percent Fee Total Base Fee by Phase 11,933 SF tr.85,000 SF $5,980,138 8.61% COMPL.LlF r;(11.`i'rE IT 15% 25% 26% 992.680 5128 722 5133.871 To Fee Summar 9932,4 2% 510,298 27% 5139.020 Total Basic Fee = 5547,230 Total Extra Services = $365,131 Total Reimbursable Mewl 524,072 2% 510.298 130% 5514.890 BASIC SERVICES (Scope per Stale Fee Schedule Guidelines) 000,1.fion Finn Schematic Design Construction Bidding+ Contract Close Out Dcsinn finv.Idainirix Documents Negotiation Administration TOTAL Architectural Consultant Budgets Structural SpeD5caapns Mecham-:cal. Plumbing A Fire Protection Electrical. Fire Alarm and Lignling Civil (Basic Scope) BASIC PhrASE SUBTOTALS Weinstein AIU 60.641 4.633 73,814 t.050 5283,039 Swenson Say Fagel Axl Greenbusch Travis Filzmaunce LPO 16,718 1.286 17,361 1,286 15,834 1.250 5,633 833 22.732 t 748 23,606 1,749 16,350 1 750 17,010 1.260 1.555 120 1,626 120' 146,215 147,920 133,871 10.299 139020 10,298 567,697 934.500 592,972 $63.000 58,022 5547,230 EXTRA SERVICES SUBTOTAL (See following page for detail) WEEDED REIMBURSAB LE.S ALLOWANCE Reimbursable allowance - Frxed Fe SUBTOTAL W/WAUMuIBplief 70% %of Total Fee) WAU 518.747 520.072 TOTAL FEE PROPOSAL MEEZEIZI 1F5 MaInCOMracrFen00ireatelULYl5. xis i or 2 138 Printed: 7/5/Il Weinstein A+U Tukwila Fire Stations Fee Proposal EXTRA SERVICES SUMMARY Schematic Design Construction Bidding • Contract Close Oul (Defined by WA Stale Fee Schedule) Design Development Documents fte9otiation Administration ITEM Brief Description Primary Cons pilau is TOTAL TOTAL SUBJEC TO MARK - 1 Specialty Consultant -Civil Engineering 2 Specialty Consultant -Landscape 3 Specially Consultant -Detailed Cost Esbmaong 4 Specially Consultant • Fire Station SpeDialist Architect 5 Electrical Extra Services: Paging and Alerting Systems LPD Swift Company The Robinson Company TCA Architecture Travis Flimaurice 6 Arcnllecticral Extra Services. Basic Interior Design WAV Complex Building CA WAU Coordination and Documentation of Bid Alternates WAV Envelope consultant coordination WAIJ Extra Meetings WAU Swill Company 14,095 19,765 4,389 1,084 1,654 14.637 1.094 14.015 1,515 3.201 2.730 210 2.835 210 3.200 5,000 3,000 5,000 10 3CiCM Coordination: Ciel LPO 6,700 Landscape Swrlt Company 3,743 Architectural WAU 5.000 Structural 5SF 1,000 Electrical Travis Fltlrnaurice 2.500 Mechanical Greenbusch 3,360 Fire Station Specialist TCA 1,650 Cost Es3maong The Robinson Company 11 Specialty Consultant- Geotechnical Engineering Hart Crowser WALL EXTRA SERVICE TOTAL EXTRA SERVICE PHASE SUBTOTAL SUBTOTAL APPLICABLE TO MULTIPLIER WAU 10% Mutiplre+ SUBTOTAL w/ WAU Multiplier 00% TFS MalnCw4ractFeOE6ernalelUSTIL xis 100.040 $54,211 556.284 522,700 514.264 510.500 523400 5100,000 55.000 $3,000 55,000 SO $6.700 53,743 $5.000 $1,000 $2.500 53.360 $1.560 50 526480 554,211 556,284 $22,700 $14,264 510.500 50 55,7077 $3,743 $1.000 $2.500 $3,360 SI 650 50 526.480 $141,400 41.076 50.267 85.132 2,948 134,775 3.110 5344,792 5203 302 520,339 MERU x or 2 Panted= 7/3118 139 Weinstein Ai -41 Tukwila Flee Stations Fee Proposal FS52 Fee Calculation BASIC FEE CALCULATION Baseline Building Area. SF Site Area Project (MACC) per SD Estimate AE Base Service Per NWA Slate Fee Schedule 2015 - Type IF Assumes a 15 Month CenSlruotion Period Percent Fee Total Sase Fee by Phase July 9, 2015 15. tti 00,000 SF S8.547.072 8.22% Total Fee Summary 81,166,548 15% 25% 28% 2% 3120 474 5175.459 5192.555 $14,053 07% 5189.711 Total 1345ic Fee= $702,855 Total Extra Services s 5438,789 Total Reimbursable Allows 525,112 27. $14,053 109% 5702,635 BASIC SERVICES (Scope par Stale Foe Schedule Guidelines) Des motion Firm Schematic ren Construction. Bidding• Contract Design Oevelopopme! Documents Negotiation AdministrationCloset Out TOTAL Architectural Consultant Budgets Structural Specifications Mechanical, Plumb, ng & Fire Protection Electrical. Fire Alarm and Lighting Civil {Basic Scooe} Weinstein AJU 74.962 104,114 108,278 8,329 112,443 8,329 8418.455 BASIC PHASE SUBTOTALS Swenson Say Faget 15,355 21.370 22.225 1.710 23,080 1910 Sat 1.406 1,953 2,969 234 1.094 156 Gmenbusch 21,501 29,862 31.056 2,359 32,261 2,389 Travis Fit/mauric& 11.700 16,250 15.900 1.309 11.650 1,300 LPO 1.519 2,110 2,194 169 2.279 169 126,473 175,639 153,622 14,131 188,697 14,053 565.480 $7,812 5119.445 565,000 58.440. 5702,635 EXTRA SERVICES SUBTOTAL (See following page for detain REIM BURSABLES ALLOWANCE Re, mbursable allowance - Fixed Foe (2% of Total Feet WAU SUBTOTAL W/WAU MulNDBer 10% 522,929 $26,112 IFS_ MarrCantratlreeEstirrateltAY➢a.als I et 2 140 Rimed: 718118 Weinstein A+U Tukwila Fire Stations Fee Proposal EXTRA SERVICES SUMMARY (Defined by WA State Fee Schedule) REM Brief Description PrMnary Consuls rots Schematic Design Coratructlon Bidding,` Contract Claw Out Design Developmen Documents Negotiation Administration TOTAL TOTAL SUBJECT TO MAR K- 1 Specialty Ceesullant - Cml Engmeenng 2 Specialty Consultant -Landscape 3 Specialty Consuhanl - Detailed Cost Estimating 4 Specialty Consultant- Fire Stators Specialist Architect 5 Electrical Exna Services- Paging and Alining Systems LPO Swill Company Ria Robinson Company. TCA Architecture Trans Ft7maurice 13,6 i 3 18.990 19,750 11,942 20.079 22,964 10.500 12,200 3.394 4.714 4,902 377 1,519 1,780 20.509 13,798 1,519 1.819 5.091 777 900 1.250 1,300 100 1.350 100 6 AtthrleCtural Extra Services: Basic interior Design WAU 10,509 10,000 8,000 Complex Building CA WAU SERA Checklist CoordinaOon and Documeno.ion WAU 5,000 1,000 Envelope consuilanl coordinator, WAU 500 1.000 1,500 Extra Meetngs WAU 3.000 3,000 2,000 10 GC/CM Coordina ton Gu ii LPD Landscape Swift Company Architectural WAU 1.000 5,000 5,000 Structural SSE Electrical Travis Fitrnau rico Mechanical Greenbusch Fire Sisson Specialist TCA Cost Eslna5ng The Robinson Comp4rl 3,350 3.950 11 Specialty Cansullanl - Geotechnical Engineering Han Crowser 12 Specialty COnsullant- Roadway and Signalizaton Design WAi Pacific WAU EXTRA SERVICE TOTAL EXTRA SERVICE PHASE SUBTOTAL SUBTOTAL APPLICABLE TO Mk TIPL+4R WAU 10% Multiplier SUBTOTAL wV WAIL Matiplier 10% TFS Mai, *r4x1Fee5siimaleJIAYle 4,968 TBD TBD 100.000 7,035 4,763 11,000 1,500 2,500 9.000 1.650 7,300 575,950 $72,379 $22,750 $15.855 55.000 528,000 5100,000 $9,000 53,000 $8,000 57,036 54,763 511,000 51,500 $2,500 56.000 $1,$50 $7.300 026.480 $4.968 575.990 572 379 522 700 $18,855 55.500 57,035 54.763 51,500 52,500 $6.000 $1,650 57,300 526,150 54,959 5165.000 5413.090 525.709 I $436,7981 5257.090 2 ar 2 Printed: 718116 141 142 FIRST AMENDMENT TO CONSULTANT AGREEMENT FOR ARCHITECTURAL DESIGN AND PLANNING SERVICES FOR TUKWILA JUSTICE CENTER PROJECT This First Amendment (the "First Amendment"), effective as of , 2018 (the "Effective Date"), is entered into by and between CITY OF TUKWILA, WASHINGTON ("City"), and DLR GROUP, INC. ("Architect"). This First Amendment is an addition to and modifies the Consultant Agreement for Architectural Design and Planning Services between the parties dated , 201 (the "Agreement"). This First Amendment incorporates the contractual obligations outlined in the Agreement, and modifies the Agreement as stated below. Unless defined differently herein, all capitalized terms in this First Amendment have the same meaning as in the Agreement. Now for and in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Compensation. Architect's compensation for the Project shall be increased by a net total of Nine Hundred Fifty -Three Thousand Eight Hundred Thirty Dollars ($953,830). Accordingly, Architect's total compensation for the Project will not exceed Three Million Ninety -Nine Thousand Nine Hundred Fourteen Dollars (53,099,14), as further described in the Design Services Proposal — Additional Services #1 dated July 2, 2018. which is attached as Exhibit A and incorporated by this reference. All provisions of the Agreement referring to Architect's compensation, including Exhibit A Article 11, shall be revised accordingly. 2. All other terms and conditions of the Agreement remain unchanged and are hereby ratified and confirmed. IN WITNESS WHEREOF, the Parties have executed this First Amendment as shown below. CITY OF TUKWILA DLR GROUP, INC. Allan Ekberg, Mayor By: Printed Name: Title: Attest/Authenticated: Approved as to Form: City Clerk. Christy O'Flaherty Office of the City Attorney AEI -1755489 DOC :1/O5720 0000021 ; 1 143 Exhibit A Please see the attached Design Services Proposal Additional Services #1 dated July 2, 2018 AETI755489 DOC (/05720.000002/ ; 2 144 DLR Group Architecture Engineering Planning Inferiors 51 University Street, Suite 600 Seattle, WA 98101 July 2, 2018 Justine Kim Shiels Obletz Johnsen 101 Yesler Way Suite 606 Seattle, WA 98104 justinek@sojsea.com Project Name: City of Tukwila Justice Center DLR Group Project No.: 73-17158-00 Re: Design Services Proposal — Additional Services #1 Dear Justine: This letter will serve as our proposal for Additional Professional Services for the City of Tukwila Justice Center in Tukwila, WA. The initial scope of services was based on the bond proposal scope of $14.6 million dollars maximum allowable construction cost (MACC) and 45,500 square feet. The MACC provided in the request for proposals equals a cost of $321/sf. The MACC was used in calculations in the Washington State Fee Schedule matrix to determine the initial design services fee. At the outset of the project, DLR Group provided a cost estimate of regional and national police facilities indicating the assumed cost per square foot in the bond was inadequate for the current construction climate. During program verification, the team worked with City of Tukwila to determine the programs and department needs for this facility. This information was provided to our cost estimator to verify the criteria, and confirmed the facility budget needs to be similar to other facilities' MACC. The costs have also been confirmed with the Schematic Design estimates performed by the GC/CM, BNBuilders, and Roen Associates. The MACC is directly used in the fee proposal matrix in the Washington State Fee Schedule. This additional service indicates the adjustment to the design fees associated with this change in budget. This was anticipated by the design team, and reassessing this fee following the estimate was required for our feasibility. These factors may be addressed in subsequent additional services should they be confirmed in our investigations. These include but are not limited to the following: • Hazardous ground contamination • Soil conditions requiring more intensive structural systems • On-site stormwater detention requirements • Poor soil requirements that require significant cut and fill Seattle and locations worldwide 145 Justine Kim July 2, 2018 Page 2 The schematic design estimate has indicated costs for building conditions we have evaluated and shall include in the final design. These items include but are not limited to the following: • Building program components for a 47,200 SF facility • Site conditions based on selected site of Tukwila International Boulevard and S 150th Street o Site security (fencing) o Covered parking structure (no structured parking) o Site demolition of buildings and structures on the selected site o Site development of the selected site • 18 month construction schedule from March 2019 through Fall 2020. The total Direct Construction Cost (DCC) for these components is $23,225,308 in lieu of $14.6 million from the bond measure. Inputting this factor into the Washington State Fee Schedule modifies the design services fee as follows: Basic Services per State of Washington Fee Guidelines July 2015 Version on a project scope of $28,121,549 (MACC) Schedule 'A' a) Base A&E fee including interiors Additional Services per State of Washington Fee Guidelines b) [COMPLETE] Space Programming and Pre -Design Service $150,000 $ 2,248,830 c) Interior Furnishings, FF&E, U.S. Communities Program $ 54,000 Design & purchasing schedule only - purchasing and installation by Owner d) Cost Estimating Services (PD, SD, DD phases, CD GC/CM reconciliation) $ 49,250 e) Additional On Site CA Phase Representation $ 69,000 (Basic Services includes Bi -monthly. Addition Services would result in weekly) f) Renderings & Models Included g) Security Electronics Systems and Detention Equipment $ 40,000 h) Participation in commissioning program managed by others $ 40,000 i) Civil Engineering Consultant; on site & off site $120,000 j) Landscape Consultant $100,000 k) GC/CM Coordination $ 40,000 146 Justine Kim July 2, 2018 Page 3 f) Acoustical Design $ 35,000 m) As -built record drawings $ 24,000 n) Value analysis $ 24,000 Subtotal Additional Services $ 745,250 o) DLR Group Reimbursable Costs, Design Printing, Mailing. $ 71,409 Note: Expenses will be billed in lump sum billing p) DLR Group Consultant Markup (10©%) $ 34,425 Note: DLR Group does not require markup on DLR Group integrated design team Services by Others, not included in DLR Group contract scope unless designated otherwise q) Independent Commissioning program (Owner's consultant) r) LEED Certification fee and documentation (Owner project cost) s) Site Survey (Owner project cost) t) Geotechnical survey, design letter and inspections (Owner project cost) u) Testing and balancing (Owner project cost) v) Hazardous Materials study & abatement (Owner project cost) w) Traffic Consultant (Owner project cost) x) Building Envelope Design (Owner project cost) Revised Total Design Services Previous Total Design Services Total Additional Service 01 Additional Services Scope: The additional service for the City of Tukwila Justice Center project described above and inclusive of all direct labor costs, indirect labor costs, and other direct costs incurred by DLR Group and our consultants, is a lump sum amount of nine hundred fifty three thousand eight hundred thirty dollars ($953,830). The fee is derived based on the current Washington State Guidelines for Determining Architect/ Engineer Fees for Public Works Building Projects. As we proceed through Design Development, additional services may be required for site development noted above once the assumptions are proven relevant to the design. During Predesign, SOJ requested additional scope to the cost estimator's services (Roen Associates) and noted an additional service would be warranted. $3,099,914 $ 2,146,084 $ 953,830 147 Justine Kim July 2, 2018 Page 4 Thank you for the opportunity to provide this proposal for additional services, and we look forward to our continued partnership with City of Tukwila. Sincerely, DLR Group Erica Loynd Senior Associate End: Cost Estimate dated 4/27/2018 cc: Erica Loynd Ethan Bernau File 148 Schematic Design Cost Estimate BNBuilders Estimate Adjusted Estimate Existing Building Demolition $ 498,910 $ - Excluded Hazmat (Allowance) $ 500,000 $ - Excluded Justice Center Building $ 17,086,906 $ 17,086,906 Unsuitable Soils (Allowance) $ 500,000 $ - Excluded Contaminated Soils (Allowance) $ 275,000 $ - Excluded Sitework $ 5,666,497 $ 5,666,497 Right-of-Way Improvements $ 471,905 $ 471,905 Direct Construction Cost (DCC) $ 24,999,218 $ 23,225,308 Design/Estimating Contingency _ $ 2,224,519 $ 2,224,519 Escalation $ 1,931,898 $ 1,931,898 Negotiated Support Services $ 1,762,449 $ - Excluded Trade Package Bonds $ 437,335 $ - Excluded MACC Contingency $ 739,824 $ 739,824 Maximum Allowable Construction Cost (MACC) $ 32,095,243 $ 28,121,549 149 (811,781)1 I S. 293,131 I BNB 0)48Nllders PROJECT JUSTICE CENTER OWNER CITY Of TLmWILA ARCHITECT DER GROUP Esnonp %..l5np oemolMen IIAZ-IMT AhatanMM (ABowa9[a) 3 dasece Censer 01 0810 4 Unseat/8a. Seas (APowrnee) 5 (7nsuneble 5105.169689599) 6 Coed Soils (Allowance) 7 Sdewark ReahSW-WRy Inf0emen15 B Had &d GOY 8 SLOW $96.45 _ Promlum 1016.)119560 in Comp Bid 'Dem( Con . 8ea Costs (DCC) 0ni901 Ea eneonp ConoTSenop Eapala006 N650La10d Support Services. INSS) ROE F:: = PRE -DESIGN (1;,717+4'1) COST TAROBT NOTES BND 8(3 E00C5r(1305A8)-":7. GSF NOSE COST VARIANCE TO COST TARGET OVER 7MINIM R) Pre -Design Budget Comparision RECONCILED - FINAL ESTIMATE TYPE- SD ISSUE DATE 4170:015 10111.1111 VARIANCE TO COST COST TARGET OVER I{UNDER) POEN ASSOCIATES - DELTA TO BNB OVER 1IUNDER) 4..522,252 $ S. 3.125526 Deer 5ummanae 24,999.218 5 476,5661 SUB PLAN S 2303562 From Lne 4 SUS PLAN 5 1,276.539 From Lade. 11 EST DETAIL Trade Package Soon (See Sub Rao( None Noted MACC Can585enq 701-13CC n Des. E. • TP) $ 957.405 From im 12 /310*1(nam Au0waN6 Conat tion Cad (OMCC) Contractus Fea )% of MACC • Bid %) $peoiied General Condloons (SOC) SGCs i0 MACC Value • 514.6m G0CM Pmrommema & Paymesd Bond BNB InOoanoes 880 Taus PreconstrU615. Semites 170100 ConNool CosN )TCC) ninon Mae 5Mos Tax (Tv lel Gu5r4n4e44 Meainarm Puce /GNP) 5 par G50 7 Cmrronaor GSF 150 A 32,245.784 5 $ 3.569.510 WSST 39,592,013 Toil sNPSST 45,500 SUB PLAN 2.50% 2,224,519 1,931,84E 1,702.440 437,335 739-824 [N 24,187.437 $ 1334,015)1 (0901,107( I S 3,141.387 $ (3432,0041 i$ 2,049,065 $ ,778800 - $485,910 S 5437,335 $ 440.725 15217,561) 32.095-243 $ (150.541)1 5 00% (AS -01D) 004 A0d1 MACC 500m udedwIFso A 380,881 096084 18 I 314,0.77) IS 489,461 440,725 87,44 789.980 0 32308,374 & 142,540 I (582,857). $ (31248,8091 $ x&96.664_ I $ 019,6!8 $ 117,987 S 13.551 $ 3396 50,138 1.559,419 I` S (4&.200) $ 560.691 3 (1,240.809) 3 737.684 5 737.654 $ 5 5 14,057 41,560 1608896 90 Irdudod 61106 9r (1E14 V: S 1000% $0 310,000 (510,000) 35,216,980 $ (770,123)1 5,521,868 $ (7,512) I x (12000) 3 35.066.348 S (420,755)1 5 82073 36,730,578 S (853,735) 47,200 1,700 3,516.635 1 $ I s 349.366 I 142,676) 5 34,122903 5 1450,431) 47,200 1,190 34,937 384,394 FIRST AMENDMENT TO AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER FOR TUKWILA FIRE STATIONS 51, 52, AND 54 This First Amendment (the "First Amendment"), effective as of , 2018 (the "Effective Date"), is entered into by and between CITY OF TUKWILA ("Owner"), and LYDIG CONSTRUCTION ("Contractor"). This First Amendment is an addition to and modifies the ALA Document A133-2009 Standard Form of Agreement Between Owner and Construction Manager for the Tukwila Fire Stations 51, 52, and 54, dated , 20_, and the AIA Document A201-2007 General Conditions of the Contract for Construction (collectively, the "Agreement"). This First Amendment incorporates the contractual obligations outlined in the Agreement, and modifies the Agreement as stated below. Unless defined differently herein, all capitalized terms in this First Amendment have the same meaning as in the Agreement. Now for and in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Deletion of Fire Station 54 from the Project. The Project. as defined in AIA Document A133 and in Section 1.1.4 of ALA Document A201 is revised to exclude any work related to Fire Station 54. For the sake of clarity, this means Fire Station 54 will no longer be part of the Project and the Contractor will provide no Work for Fire Station 54. 2. A133, Section 2.3.11.2. Section 2.3.11.2 of ALA Document A133 is modified as shown below, with the deleted language interlineated (inter-lhneated) and the additional language underlined: The parties recognize that the cost to Owner of any such delay to Substantial Completion or Physical Completion is difficult to determine, and therefore, the parties have negotiated and agreed that in the event that Construction Manager does not achieve Substantial Completion or Physical Completion of any Fire Station (as defined in A201 1.1.4) by the dates specified in the Guaranteed Maximum Price Amendment, the Owner shall have the right to elect among the following remedies: 1) continue to allow the Construction Manager to work toward Substantial Completion or Physical Completion and Final Completion, provided that for each day of delay, Construction Manager shall pay to the Owner as liquidated damages, the sum of $2,000 per day until Owner determines that the relevant completion has occurred; and 2) terminate this Agreement damages. The liquidated damages sum shall apply separately to each Fire Station ase so that if, for example, both Fire Station 51 and Fire Station 52 twe-uses are delayed, the liquidated damages would be $4,000 per day for each day both Fire Stations phases are delayed. The parties agree that the liquidated damages amount is a reasonable estimate of actual damages and not a penalty. tAET 1753794. DOC;3/05720.000001 / 151 3. A201, Section 3.9. Section 3.9 of AlA Document A201 and its subparts are modified as shown below, with the additional language underlined: § 3.9 SUPERINTENDENT AND PROJECT MANAGER § 3.9.1 The Contractor shall employ a competent superintendent and project manager and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superintendent and project manager shall represent the Contractor, and communications given to the superintendent or project manager shall be as binding as if given to the Contractor. As provided in the Agreement, Contractor's superintendent and project manager shall be identified in the Guaranteed Maximum Price Amendment. Contractor shall not substitute the superintendent or project manager without the consent of the Owner for such substitution as provided in the Agreement. § 3.9.2 The Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the name and qualifications of a proposed superintendent and project manager. The Architect may reply within 14 days to the Contractor in writing stating (1) whether the Owner or the Architect has reasonable objection to the proposed superintendent or project manager or (2) that the Architect requires additional time to review. Failure of the Architect to reply within the 14 day period shall constitute notice of no reasonable objection. § 3.9.3 The Contractor shall not employ a proposed superintendent or project manager to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not change the superintendent or project manager without the Owner's consent, which shall not unreasonably be withheld or delayed. 4. A201. Section 6.1.3. Section 6.1.3 of AlA Document A201 is modified as shown below, with the deleted language interlineated ( termed) and the additional language underlined: § 6.1.3 The Contractor shall be responsible for coordinating, receiving delivery. and installing all Owner pre -purchased items where such items have been identified in the Contract Documents. 5. A201. Section 11.3.7 Waivers of Subrogation. Section 11.3.7 of AlA Document A201 is modified as shown below, with the deleted language interlineated (;•-'ate) and the additional language underlined the additional language underlined: § 11.3.7 WAIVERS OF SUBROGATION The Owner and Contractor waive all rights against (l) each other and any of their subcontractors, sub -subcontractors, agents and employees, each of the other, and (2) the Architect, Architect's consultants, separate contractors described in Article 6, if any, and any of their subcontractors, sub -subcontractors, agents and employees, for damages caused by fire or other causes of loss to the extent of actual recovery of any insurance proceeds under any property insurance obtained pursuant to this Section 11.3 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner in good faith. The Owner or Contractor, as appropriate, {AET1753794.D©C;3/05720.000001/ } 2 152 shall require of the Architect, Architect's consultants, separate contractors described in Article 6, if any, and the subcontractors, sub -subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. 6. All other terms and conditions of the Agreement remain unchanged and are hereby ratified and confirmed. IN WITNESS WHEREOF, the Parties have executed this First Amendment as of the dates shown below. CITY OF TUKWILA LYDIG CONSTRUCTION OWNER (Signature) CONSTRUCTION MANAGER (Signature) (Printed name and title) (Printed name and title) (AET1753794.DOC,3/05720.000001/ } 3 153 154 FIRST AMENDMENT TO AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER FOR TUKWILA JUSTICE CENTER This First Amendment (the "First Amendment"), effective as of , 2018 (the "Effective Date"), is entered into by and between CITY OF TUKWILA ("Owner"), and BNBUILDERS, INC. ("Contractor -j. This First Amendment is an addition to and modifies the AIA Document A 133-2009 Standard Form of Agreement Between Owner and Construction Manager for the Tukwila Justice Center, dated , 20, and the AIA Document A201- 2007 General Conditions of the Contract for Construction (collectively, the "Agreement"). This First Amendment incorporates the contractual obligations outlined in the Agreement, and modifies the Agreement as stated below. Unless defined differently herein, all capitalized terms in this First Amendment have the same meaning as in the Agreement. Now for and in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. A133, Section 2.3.11.2. Section 2.3.11.2 of AIA Document A133 is modified as shown below, with the deleted language interlineated (interlineated) and the additional language underlined: the Owner to incur unwarranted expense. The parties recognize that the cost to Owner of any such delay to Substantial Completion or Physical Completion is difficult to determine, and therefore, the parties have negotiated and agreed that in the event that Construction Manager does not achieve Substantial Completion or Physical Completion by the dates specified in the Guaranteed Maximum Price Amendment, the Owner shall have the right to elect among the following remedies: 1) continue to allow the Construction Manager to work toward Substantial Completion or Physical Completion and Final Completion, provided that for each day of delay, Construction Manager shall pay to the Owner as liquidated damages, the sum of $2,000 per day until Owner determines that the relevant completion has occurred; and 2) terminate this Agreement and bring action, including without limitation for breach of contract seeking actual damages. liquidated damages amoun The parties agree that the s a reasonable estimate of actual damages and not a penalty. 2. A201, Section 3.9. Section 3.9 of AIA Document A201 and its subparts are modified as shown below, with the additional language underlined: § 3.9 SUPERINTENDENT AND PROJECT MANAGER § 3.9.1 The Contractor shall employ a competent superintendent and project manager and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superintendent and project manager shall represent the Contractor, and AET1754853.DOC;1/05720,0000021 ; 1 155 communications given to the superintendent or project manager shall be as binding as if given to the Contractor. As provided in the Agreement, Contractor's superintendent and project manager shall be identified in the Guaranteed Maximum Price Amendment. Contractor shall not substitute the superintendent or project manager without the consent of the Owner for such substitution as provided in the Agreement. § 3.9.2 The Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the name and qualifications of a proposed superintendent and project manager. The Architect may reply within 14 days to the Contractor in writing stating (1) whether the Owner or the Architect has reasonable objection to the proposed superintendent or project manager or (2) that the Architect requires additional time to review. Failure of the Architect to reply within the 14 day period shall constitute notice of no reasonable objection. § 3.9.3 The Contractor shall not employ a proposed superintendent or project manager to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not change the superintendent or project manager without the Owner's consent, which shall not unreasonably be withheld or delayed. 3. A201. Section 6.1.3. Section 6.1.3 of AIA Document A201 is modified as shown below, with the deleted language interlineated (inter ) and the additional language underlined: § 6.1.3 The Contractor shall be responsible for coordinating, receiving delivery, and installing all Owner pre -purchased items where such items have been identified in the Contract Documents. 4. A201, Section 11.3.7 Waivers of Subrogation. Section 11.3.7 of AIA Document A201 is modified as shown below, with the deleted language interlineated (interlineated) and the additional language underlined the additional language underlined: § 11.3.7 WAIVERS OF SUBROGATION The Owner and Contractor waive all rights against (l) each other and any of their subcontractors, sub -subcontractors, agents and employees, each of the other, and (2) the Architect, Architect's consultants, separate contractors described in Article 6, if any, and any of their subcontractors, sub -subcontractors, agents and employees, for damages caused by fire or other causes of loss to the extent of actual recovery of any insurance proceeds under any property insurance obtained pursuant to this Section 11.3 or other property insurance applicable to the Work. except such rights as they have to proceeds of such insurance held by the Owner in good faith. The Owner or Contractor, as appropriate, shall require of the Architect, Architect's consultants, separate contractors described in Article 6, if any, and the subcontractors, sub -subcontractors, agents and employees of any of them, by appropriate agreements. written where legally required for validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in { AET 1754853.DOC;1 /05720.000002/ } 2 156 the property damaged. 5. All other terms and conditions of the Agreement remain unchanged and are hereby ratified and confirmed. IN WITNESS WHEREOF, the Parties have executed this First Amendment as of the dates shown below. CITY OF TUKWILA BNBUILOERS, INC. OWNER (Signature) CONSTRUCTION MANAGER (Signature) (Printed name and title) (Printed name and title) { AET 1754853 DOC;1 /0572a.00OOO2I } 3 157 158 CITY OF TUKWILA Public Safety Plan Justice Center Conceptual Budget Summary YOE $ (in thousands) FUNDING SOURCE - Based on Initial Project Costs YEAR 11/16/2017 OF EXPENDITURE UTGO (voter- approved) (YOE) Impact Fees SUMMARY General Fund Enterprise Funds 2,292,714 TOTAL Fire Stations 18,824 4,750 858 - 24,432 Justice Center 28,629 - - - 28,629 Public Works Shop - - 14,747 14,746 29,493 Facilities Total 47,453 4,750 1 15,605 14,746 82,554 Fire Apparatus/Equipment 29,932 - - - 29,932 Public Safety Plan Total $ 77,385 $ 4,750 $ 15,605 $ 14,746 $ 112,486 PROJECT COSTS Justice Center Program - INITIAL BUDGET ESTIMATE Project Category Justice Center AjE Services (both design & CA) 2,292,714 Permits/Fees 439,890 Construction for Building (pre -con, const, tax) 16,532,615 Construction for Site Development - Construction Related Costs (incl bond) 1,034,797 PM Services (incl other prof svcs) 1,269,789 Contingency (incl Construction & Pro)) 1,059,195 Land Acquisition 6,000,000 TOTAL 28,629,000 Justice Center - BUDGET ESTIMATE (Sche atic Design, May 2018) Project Category Justice Center FUNDING GAP A/E Services (both design & CA) 3,500,000 1,207,286 Permits/Fees 700,000 260,110 Construction for Building (pre -con, const, tax) 26,477,794 9,945,179 Construction for Site Development (incl ROW) 12,260,884 12,260,884 Construction Related Costs (incl bond) 2,112,639 1,077,842 PM Services (incl other prof svcs) 1,594,000 324,211 Contingency (incl Construction & Project) 5,757,731 4,698,536 Contingency for Site Contamination (soils, hazmat) 750,000 750,000 SUBTOTAL 53,153,048 30,524,048 Land Acquisition 14,133,295 8,133,295 Contingency for Land Acquisition 1,250,000 1,250,000 TOTAL 68,536,343 39,907,343 159 160 PROJECT COSTS CITY OF TUKWILA Public Safety Plan Fire Stations - 51, 52 and expended cost for 54 Schematic Design Budget Summary YOE $ (in thousands) 7/23/2018 _ - - Fire Station Program - INITIAL BU x (Bond B '_. REVISED BUDGET FS51 1 11,933 sf FS51 Project Category 17,950 sf FS 52 6,567 sf FS 54 8,228 sf TOTAL 32,745 sf A/E Services (both design & CA) 731 356 464 1,551 Land Acquisition- Land Acquisition 653 862 1,515 Permits/Fees 255 89 116 460 Construction (pre -con, const, tax) 7,809 3,278 4,273 15,360 Construction Related Costs (incl bond) 1,047 438 551 2,036 PM Services (incl other prof svcs) 460 297 397 1,154 Contingency (incl Construction & Proj) 1,145 546 665 2,356 TOTAL $ 11,446 $ 5,657 $ 7,329 $ 24,432 Fire Station Schematic Design - Project Category REVISED BUDGET FS51 1 11,933 sf ESTIMATE FS 521 15,068 sf (1/22/18) FS 54 11933 sf TOTAL 38,934 sf FUNDING GAP 1,595 A/E Services (both design & CA) 899 1,244 1,003 3,146 Land Acquisition - - 854 854 (661) Permits/Fees 234 353 262 849 390 Construction (pre -con, const, tax) 8,956 12,677 9,935 31,568 16,208 Construction Related Costs (incl bond) 931 1,398 1,039 3,367 1,331 PM Services (incl other prof svcs) 426 687 476 1,589 435 Contingency (incl Construction & Proj) 1,062 1,294 1,185 3,541 1,185 TOTAL $ 12,509 $ 17,652 $ 14,753 $ 44,914 TOTAL 1 The main fire station was originally identified as F551, but has been changed to FS52 in the revised estimate. 2 FS 54 budget includes costs spent to date plus estimated costs to assess the scope of rehabilitation - "re Station Schematic Design - REVISED BUDGET FS51 1 11,933 sf fa%i8) Project Category FS 521 15,068 sf FS 54 5,398 sf existing TOTAL 32,399 sf FUNDING GAP A/E Services (both design & CA) 1,070 1,415 150 2,635 1,084 Land Acquisition - - 902 902 (613) Permits/Fees 234 353 20 608 148 Construction (pre -con, const, tax) 9,396 13,298 230 22,925 7,564 Construction Related Costs (incl bond) 931 1,398 50 2,379 343 PM Services (incl other prof svcs) 526 787 100 1,413 259 Contingency (incl Construction & Proj) 1,115 1,358 50 2,523 167 TOTAL $ 13,273 $ 18,610 $ 1,502 $ 33,384 $ 8,953 C:\Users\JustineK\OneDrive - SOJ\Current Projects\Tukwila\Fire Stations\Budgets\Budget Summary\PSP Funding and Costs - Fire Stations 51 and 52.xlsx, 1.22.18 - HIGH 161 162 City of Tukwila City Council Public Safety Committee PUBLIC SAFETY COMMITTEE Meeting Minutes July 16, 2018 - 5:30 p.m. - Hazelnut Conference Room, City Hall Councilmembers: Kathy Hougardy, Chair; Dennis Robertson, Thomas McLeod Staff: Jay Wittwer, Bruce Linton, David Cline, Rachel Bianchi, Laurel Humphrey Guests: Justine Kim, Shiels Obletz Johnsen; Steve Goldblatt, Public Safety Plan Program Management Quality Assurance Consultant CALL TO ORDER: Chair Hougardy called the meeting to order at 5:30 p.m. I. ANNOUNCEMENT II. BUSINESS AGENDA A. 2018 1st and 2nd Quarter Police Department Report Chief Linton updated the Committee on items of interest in the 1st and 2nd Quarters, including staffing, recognitions, community outreach, significant operations and events, and crime statistics. Councilmembers asked clarifying questions. DISCUSSION ONLY. B. Contract Amendments: Public Safety Plan Staff is seeking amendments to Public Safety Plan contracts that will bring them in alignment *with the project budgets in the modified Public Safety Plan approved by Council in June. The option selected by the City Council removes Station 54 and keeps Public Works at the original $30M budget. Project management and architectural services are based proportionally on construction costs, so the amendments will take care of the additional fees for these services and will not add additional costs to the revised Public Safety Plan. The originally approved contracts were based on the budget estimates included in the bond measure. The schematic design process has resulted in more realistic project numbers so the contracts are ready to be trued up. The requested amendments are as follows: • Increase by $492,898 for project management services from Shiels Obletz Johnsen • Increase by $395,537 for fire station architecture and engineering services from Weinstein A+U • Increase by $953,830 for Justice Center architecture and engineering services from DLR Group • Remove reference to Station 54 from the Lydig Construction GC/CM contract and modify language to better reflect mutual intent • Modify language to better reflect mutual intent with BNBuilders GC/CM contract 163 Public Safety Committee Minutes July 16, 2018 Committee members discussed the amendments, focusing on the unknown costs of retrofitting Station 54. Mr. Goldblatt stated that preliminary work is planned to assess the condition of 54 and more information will be presented to Council later. The Committee requested that the revised budgets for the Justice Center and fire stations be included in the packet. Councilmember Robertson also asked for detail on types and locations of calls by fire station. UNANIMOUS APPROVAL. FORWARD TO JULY 23, 2018 COMMITTEE OF THE WHOLE. III. MISCELLANEOUS Adjourned 6:40 p.m. Committee Chair Approval Summary by LH 164 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by 1 Mayor's review Council review 07/23/18 HH I.4,/I. HH r `.'I p 4.......I., `J✓ 08/06/18 ❑ Motion Mtg Date 1 ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date 1 CATEGORY ►1 Discussion ITEM INFORMATION ITEM No. 4.C. 165 STAFF SPONSOR: HENRY HASH ORIGINAL AGENDA DATE: 07/23/18 AGENDA ITEM TITLE Ordinance Granting a Non -Exclusive AT&T/New Cingular Wireless for Franchise Small Cell Agreement with Technology 07/23/18 ❑ Motion Mtg Date ❑ Resolution Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date CATEGORY ►1 Discussion r Ordinance Mtg Date Mtg Date 08/06/18 ❑ Finance ❑ Fire SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ IT ❑ P&R ❑ Police ►1 PW SPONSOR'S AT&T/New Cingular Wireless provides personal wireless communication systems. Council SUMMARY is being asked to approve the new ordinance for the franchise agreement that will allow Cingular Wireless to deploy small cell technology to expand the capacity of its wireless network. Additional language has been added to insure safety, protect property, list insurance requirements, and require restoration to any property damaged, disturbed, or altered by Cingular. REVIEWED BY ❑ COW Mtg. ❑ CA&P Cmte ❑ F&S Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. DATE: 06/25/18 & 7/23/18 COMMITTEE CHAIR: THOMAS ' Transportation Cmte ❑ Planning Comm. MCLEOD RECOMMENDATIONS: SPONsoR/ADMIN. COMMITTEE Public Works Department Unanimous approval; forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 07/23/18 08/06/18 MTG. DATE ATTACHMENTS 07/23/18 Informational Memorandum dated 07/20/18 Comparison documentation Ordinance Minutes from the Transportation & Infrastructure Committee meeting of 06/25/18 08/06/18 165 166 City of Tukwila Allan Ekberg, Mayor Public Works Department - Henry Hash, Director INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Committee FROM: Harry Hash, Public Works Director /Ay__ BY; Cyndy Knighton, Senior Program Manager CC: Mayor Ekberg DATE: July 20, 2018 SUBJECT: Ordinance — AT&T/New Cinaular Wireless Small Cell Technoloav Franchise ISSUE Approve Ordinance for AT&T/New Cingular Wireless Franchise Agreement. BACKGROUND New Cingular Wireless, PCS, LLC, headquartered in Delaware, is a telecommunications company that provides, among other things, personal wireless service. New Cingular Wireless is currently in the stages of deploying small cell technology to expand the capacity of its wireless network. Staff has negotiated with New Cingular to develop the attached draft Franchise Ordinance. ANALYSIS This Ordinance is consistent with the Verizon Franchise Ordinance approved by Council in February 2018 as well as the draft Mobilitie Franchise Ordinance, which is also currently under consideration. The attached draft Franchise Ordinance establishes high-level, city-wide permission for New Cingular's deployment of small cell technology in the City's right-of-way. A Franchise Agreement establishes global requirements, expectations, and responsibilities between parties — essentially establishing the ground rules which both parties agree to follow. Regulatory requirements, a separate approval process from that of the franchise agreement, establish the physical standards and restrictions for specific installations. These requirements are enforced during the individual application review and are typically found in zoning and right-of-way code sections. Finally, pole use agreements are necessary to install small cell equipment on poles not owned by the Franchisee. In Tukwila, pole agreement will likely be with the City, Puget Sound Energy, or Seattle City Light. Information on how other Washington jurisdictions are approaching the new small cell technology was presented during the recent Association of Washington Cities conference in Yakima. An analysis of Mukilteo and Renton's recently enacted legislation, Tukwila's related current codes, and staff recommendations on changes to the Franchise Ordinance, if any, will be discussed at the meeting. FINANCIAL IMPACT Under the terms of the Franchise Ordinance, New Cingular will pay a $5,000 administrative fee within 30 days of franchise approval. Per RCW 35.21.860, cities may charge site-specific fees to providers of personal wireless services under certain circumstances before the City issues a use permit. This Franchise Ordinance tracks that statutory language and provides that New Cingular and the City will determine applicable site-specific fees at the use permit stage for eligible facilities. RECOMMENDATION Council is being asked to approve the Ordinance that will grant a Franchise Agreement to New Cingular Wireless, PCS, LLC for small cell technology and consider this item at the July 23, 2018 Committee of the Whole and subsequent August 6, 2018 Regular Meeting. Attachments: Draft Franchise Ordinance Table Comparison of Small Cell Franchise Agreements W:1PW Eng1PROJECTS1FranchlselTelescoMAT8T_Cingular11NF0 MEMO AT&T-Cingular Franchise AG Small Cells 072018.docx 167 168 Comparison of Small Cell Franchise Agreements Location Verizon Agreement AT&T/Cingular Agreement Mobilitie Agreement Discussion First Whereas clause WHEREAS, Seattle SMSA Limited Partnership, a Delaware limited partnership, d/b/a Verizon Wireless, hereinafter referred to as "VERIZON" is a telecommunications company that, among other things, provides personal wireless services to customers in the Puget Sound region; and WHEREAS, New Cingular Wireless PCS, LLC, WHEREAS, Mobilitie, LLC, a Nevada limited liability company, d/b/a Mobilitie, hereinafter referred to as "Mobilitie" or "Franchisee" is a telecommunications company that, among other things, provides high capacity interexchange transport to telecommunications common carriers, including data transmission, linkage to long distance carriers, and other telecommunications services to customers in the Puget Sound region; and Company name is unique for each Franchisee and differences are carried throughout the agreements Description of what each company provides is negotiated specific to each agreement a Delaware limited liability company, hereinafter referred to as "Franchisee" is a telecommunications company that, among other things, provides personal wireless service, including data transmission, and other telecommunications services to customers in the Puget Sound region; and Second Whereas clause WHEREAS, VERIZON's desired route through the City of Tukwila, hereinafter referred to as "City," requires the use of certain portions of City rights-of-way for the installation, operation and maintenance of a telecommunications system; and WHEREAS, Franchisee's desired route through the City of Tukwila, hereinafter referred to as "City," requires the use of certain portions of City rights-of-way for the installation, operation, and maintenance of a telecommunications system; and WHEREAS, Mobilitie's desired route through the City of Tukwila, hereinafter referred to as "City," requires the use of certain portions of City rights-of-way for the installation, operation, and maintenance of Small Cells; and Negotiated differences between agreements Fifth Whereas clause WHEREAS, the Revised Code of Washington (RCW) authorizes the City to grant and regulate non-exclusive franchises for the use of public streets, rights-of-way and other public property for installation, operation and maintenance of communications facilities; WHEREAS, the Revised Code of Washington (RCW) authorizes the City to grant and regulate non-exclusive franchises for the use of public streets, rights-of-way, and other public property for installation, operation, and maintenance of a telecommunications system and transmission WHEREAS, the Revised Code of Washington (RCW) authorizes the City to grant and regulate non-exclusive franchises for the use of public streets, rights-of-way, and other public property for installation, operation, and maintenance of a fiber optic system and transmission of communications; Specific language describing the type of service provided by each Franchisee negotiated specific to each agreement of communications; Section 1, Definitions 2. "Construct" shall mean to construct, reconstruct, install, reinstall, align, realign, locate, relocate, adjust, affix, attach, replace, repair, upgrade, monitor, maintain, use, relocate, remove, or support. 2. "Construct" shall mean to construct, reconstruct, install, reinstall, align, realign, locate, relocate, adjust, affix, attach, replace, repair, monitor, maintain, use, relocate, remove, and/or support. Negotiated differences between agreements Section 1, Definitions 3. "Contractor" shall mean any contractor selected and engaged by Franchisee to Construct Facilities in the Public Right(s)-of- Way. 4. "Costs" shall mean the actual, and documented costs incurred. 3. "Contractor" shall mean any contractor selected and engaged by Mobilitie to Construct Facilities in the Public Right(s)-of-Way. 4. "Costs" shall mean the actual, and documented costs incurred. Additional definitions provided Section 1, Definitions 3. "Default" shall mean any failure of a Party to keep, observe, or perform any of its duties or obligations under this Franchise that is not cured within 30 days after receipt of 5. "Default" shall mean any failure of a Party to keep, observe, or perform any of its duties or obligations under this Franchise. 5. "Default" shall mean any failure of a Party to keep, observe, or perform any of its duties or obligations under this Franchise beyond applicable notice and cure periods. Differences between agreements negotiated specifically with each Franchisee but the intent between the Agreements is the same. r r: - • u r- r e r r "-e r 1 Comparison of Small Cell Franchise Agreements Location Verizon Agreement AT&T/Cingular Agreement Mobilitie Agreement Discussion Section 1, Definitions 4. "Design Document(s)" shall mean the plans and specifications for the construction of the Facilities meeting the minimum applicable general plan submittal requirements for engineering services plan review as set forth in the City's Infrastructure Design and Construction Standards Manual (the "Standards"), 6. "Design Document(s)" shall mean the plans and specifications for the construction of the Facilities meeting at least the minimum 6. "Design Document(s)" shall mean the plans and specifications for the Construction of the Facilities meeting at least the minimum applicable general plan submittal requirements for engineering services plan review as set forth in the City's Infrastructure Design and Construction Standards manual ("the Standards"), illustrating and describing the refinement of the design of the Facilities to be Constructed, Language added to clarify the requirement of meeting the ;minimum standards is the lowest level acceptable. Negotiated differences between agreements applicable general plan submittal requirements for engineering services plan review as set forth in the City's Infrastructure Design and Construction Standards Manual ("the "Standards"), illustrating and describing the refinement of the design of the Telecommunications System Facilities to be Constructed, Section 1, Definitions 6. "Emergency" shall mean and refer to a sudden condition or set of circumstances that: (a) significantly disrupts or interrupts the operation of Facilities in the Public Rights -of- Way and VERIZON's ability to continue to provide services if immediate action is not taken; or (b) presents an immediate threat of harm to persons or property if immediate action is not taken. 8. "Emergency" shall mean and refer to a sudden condition or set of circumstances that: (a) significantly disrupts or interrupts the operation of Facilities in the Public Rights -of- Way and Franchisee's ability to continue to provide services if immediate action is not taken; or (b) presents an immediate threat of harm to persons or property if immediate action is not taken. 8. "Emergency" shall mean and refer to a sudden condition or set of circumstances that: (a) significantly disrupts or interrupts the operation of Facilities in the Public Rights -of - Way and Franchisee's ability to continue to provide services if immediate action is not taken; or (b) present an immediate threat of harm to persons or property if immediate action is not taken. Grammatical correction Section 1, Definitions 7. "Facility or Facilities" means any part or all of the facilities, equipment and appurtenances of VERIZON whether underground or overhead and located within the Public Rights -of -Way as part of VERIZON's Telecommunications System, including but not limited to, conduit, case, pipe, line, fiber, cabling, equipment, equipment cabinets and shelters, vaults, generators, conductors, poles, carriers, drains, vents, guy wires, encasements, sleeves, valves, wires, supports, foundations, anchors, transmitters, receivers, antennas, and signage. 9. "Facility or Facilities" means any part or all of the facilities, equipment, and appurtenances of Franchisee whether underground or overhead and located within the Public Rights -of -Way as part of the Franchisee's Telecommunications System, including but not limited to, conduit, case, pipe, line, fiber, cabling, equipment, equipment cabinets and shelters, vaults, generators, backup power supplies, power transfer 9. "Facility" or "Facilities" means any part or all of the facilities, equipment, and appurtenances of Franchisee whether underground or overhead and located within the Public Rights -of -Way as part of the Franchisee's Network, including but not limited Language specific to each agreement negotiated individually to best reflect the type of facility and services to be built and provided. to, radios, antennas, transmitters, wires, fiber optic cables, Small Cells, and other wireless transmission devices (collectively, "Transmission Media") attached, mounted, or switches, cut-off switches, electric meters, installed on an existing utility pole located in the conductors, poles, carriers, drains, vents, guy wires, encasements, sleeves, valves, wires, supports, foundations, anchors, transmitters, receivers, antennas, and signage. Public Rights -of -Way for the purpose of providing wireless, Wi-Fi, voice, data, messaging, or similar type of wireless service now or in the future offered to the public in general using spectrum radio frequencies, whether or not licensed by the Federal Communications Commission ("FCC"). "Facility" or "Facilities" also means the control boxes, meters, electric meter pedestals, cables, conduit, power sources, poles and replacement poles and other equipment, structures, plant, and appurtenances between the Transmission Media and the point where the Facility terminates and interconnects with broadband backhaul transmission facilities. 2 Comparison of Small Cell Franchise Agreements Location Verizon Agreement AT&T/Cingular Agreement Mobilitie Agreement Discussion Section 1, Definitions 8. "Franchise" mean the once 10. "Franchise" shall mean the once 10. "Franchise" shall mean the grant giving general permission to Franchisee to enter into and upon the Public Rights -of -Way to use and occupy the same for the purposes authorized herein, all pursuant and subject to the terms and conditions as set forth herein. Negotiated change, not substantive to the Agreement as Exhibit A must be submitted by the Franchisee for the Agreement to be in effect, essentially functioning as the Franchisee "accepting" the Agreement. shall grant, accepted, to grant, accepted, giving general permission to Franchisee to enter into and upon the Public Rights -of -Way to use and occupy the same for the purposes authorized herein, all pursuant and subject to the terms and conditions as set forth herein. giving general permission VERIZON to enter into and upon the Public Rights -of -Way to use and occupy the same for the purposes authorized herein, all pursuant and subject to the terms and conditions as set forth herein. Section 1, Definitions 12. "Network" shall mean collectively the network of Facilities Constructed by or for and managed by Mobilitie within the Public Rights - of -Way for the provision of the Services. Negotiated language specific to Mobilitie Agreement Section 1, Definitions 13. "Public Right(s)-of-Way" shall mean the surface of, and the space above and below, any public street, highway, freeway, bridge, land path, alley, court, boulevard, sidewalk, way, lane, public way, drive, circle or other public right-of-way, including any easement now or hereafter held by the City within the corporate boundaries of the City as now or hereafter constituted for the purpose of public travel, and over which the City has authority to grant permits, licenses, or franchises for use thereof, or has regulatory authority to thereover, excluding: railroad rights-of-way, airports, harbor areas, buildings, parks, poles, conduits, and excluding such similar facilities or property owned, maintained, or leased by the City in its proprietary capacity or as an operator of a utility. 15. "Public Right(s)-of-Way" shall mean the surface of, and the space above and below, any public street, highway, freeway, bridge, land path, alley, court, boulevard, sidewalk, way, lane, public way, drive, circle, or other areas designated for the public right-of-way, 16. "Public Right(s)-of-Way" shall mean the surface of, and the space above and below, any public street, highway, freeway, bridge, land path, alley, court, boulevard, sidewalk, way, lane, public way, drive, circle, or other public right-of-way, including any easement now or hereafter held by the City within the corporate boundaries of the City as now or hereafter constituted for the purpose of public travel, and over which the City has authority to grant permits, licenses, or franchises for use thereof, or has regulatory authority to thereover, excluding: railroad rights-of-way, airports, harbor areas, buildings, parks, poles, conduits, and excluding such similar facilities or property owned, maintained, or leased by the City in its proprietary capacity or as an operator of a utility. New language broadens the definition of publicly owned right-of-way negotiated specific to AT&T Agreement including areas that have been accepted by the City for use as the public right-of-way and any easement now or hereafter held by the City within the corporate boundaries of the City as now or hereafter constituted for the purpose of public travel, and over which the City has authority to grant permits, licenses, or franchises for use thereof, or has regulatory authority to thereover, excluding: railroad rights- of -way, airports, harbor areas, buildings, parks, poles, conduits, and excluding such similar facilities or property owned, maintained, or leased by the City in its proprietary capacity or as an operator of a utility. Section 1, Definitions 15. "Service" shall mean the service or services authorized to be provided by VERIZON under the terms and conditions of this Franchise Agreement. 17. "Service" shall mean the service or services authorized to be provided by Franchisee under the terms and conditions of this Franchise. 18. "Service" or "Services" shall mean the service or services authorized to be provided by Franchisee under the terms and conditions of this Franchise. "Services" added for preference. Removed "Agreement" throughout from AT&T/Cingular and Mobilitie for preference, intent not changed. Section 1, Definitions 19. "Small Cell" shall mean the Facilities at a particular location that comprises part of the Network. Specific language negotiated by Mobilitie to be included in the Agreement 3 Comparison of Small Cell Franchise Agreements Location Verizon Agreement AT&T/Cingular Agreement Mobilitie Agreement Discussion Section 1, Definitions 16. "Telecommunications System" shall mean all necessary Facilities to establish a small cell network located in, under, and above City owned Public Right(s)-of-Way for the provision of personal wireless services, including: commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services. "Telecommunications System" shall not mean or include Facilities owned or used by VERIZON for the provision of cable television services, video programming, or services other than personal wireless services, including ownership and/or operation of a dark fiber network. 18. "Telecommunications System" shall mean all necessary Facilities to establish a small cell network located in, under, and above City owned Public Rights -of -Way for the provision of personal wireless services, including: commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services. Telecommunications System shall not mean or include Facilities owned or used by Franchisee for the provision of cable television services, video programming, or services other than personal wireless services, including ownership, operation, and/or managing of a dark fiber network. 20. "Telecommunications System" shall mean all necessary Facilities to establish a small cell network located in, under, and above City owned Public Rights -of -Way for the provision of personal wireless services, including: commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services. Telecommunications System shall not mean or include Facilities owned or used by Franchisee for the provision of cable television services, video programming, or services other than personal wireless services, including ownership, operation, and/or managing of a dark fiber network Preference of use for the change from Right(s) to Rights. A dark fiber network is one that has fiber but is not in use, therefore is not under operation. Change to managing a dark fiber network is a semantic change for clarification purposes. Section 2. Non- exclusive Franchse Granted A. The City hereby grants to VERIZON, subject to the conditions prescribed in this ordinance ("Franchise Agreement"), the franchise rights and authority to Construct and operate its Facilities necessary for a Telecommunications System within all City- owned Public Rights -of -Way, generally described as that area within the present and future boundaries of the City and hereinafter referred to as the "Franchise Area". A. The City hereby grants to Franchisee, subject to the conditions prescribed in this ordinance ("Franchise Agreement"), the franchise rights and authority to Construct and operate its Facilities necessary for a Telecommunications System within the City- owned Public Rights -of -Way, generally described as those Public Rights -of -Way A. The City hereby grants to Mobilitie, subject to the conditions prescribed in this ordinance ("Franchise Agreement"), the franchise rights and authority to Construct and operate its Facilities necessary for a Telecommunications System within the City - owned Public Rights -of -Way, generally described as that area within the present and future boundaries of the City and hereinafter referred to as the "Franchise Area". Change is preference of wording but the intent between agreements is the same. within the present and future boundaries of the City and hereinafter referred to as the "Franchise Area". Section 3. Authority. Section 3. Authority. The Director of Public Works or his or her designee is hereby Section 3. Authority. The Director of Public Works or designee is hereby granted the authority to administer and enforce the terms and provisions of this Franchise Agreement and may develop such lawful and reasonable rules, policies, and procedures as the Public Section 3. Authority. The Director of Public Works or designee is hereby granted the authority to administer and enforce the terms and provisions of this Franchise Agreement and may develop such lawful and reasonable rules, policies, and procedures as the Public Change to make language gender neutral granted the authority to administer and enforce the terms and provisions of this Franchise Agreement and may develop such lawful and reasonable rules, policies and he deems to Works Director deems necessary to carry out Works Director deems necessary to carry out procedures as or she necessary carry out the provisions contained herein. the provisions contained herein. the provisions contained herein. 4 Comparison of Small Cell Franchise Agreements Location Verizon Agreement AT&T/Cingular Agreement Mobilitie Agreement Discussion Section 4. Franchise Term Section 4. Franchise Term. The franchise rights granted herein shall remain in full force and effect for a period of 10 years from the effective date of this ordinance. However, this Franchise Agreement shall not take effect and VERIZON shall have no rights under this Franchise Agreement unless a written acceptance with the City is received pursuant to Section 5 of this Agreement. If VERIZON desires to renew this Franchise Agreement, it shall file a renewal application with the City between 180 days and 120 days prior to the expiration of the existing term. In the event of such filing, the City may extend the term of this Franchise Agreement for up to one year beyond the expiration date to allow processing of renewal. If the City elects to extend the term of this Franchise, written notice of the extension shall be provided to VERIZON prior to the Franchise expiration date. Section 4. Franchise Term. The franchise rights granted herein shall remain in full force and effect for a period of 10 years from the effective date of this ordinance. However, this Franchise Agreement shall not take effect and Franchisee shall have no rights under this Franchise Agreement unless a written acceptance with the City is received pursuant to Section 5 of this Agreement. If Franchisee desires to renew this Franchise Agreement, it shall file a renewal application with the City between 180 days and 120 days prior to the expiration of the existing term. In the event of such filing, the City may, at the City's sole Section 4. Franchise Term. A. Term. The franchise rights granted herein shall remain in full force and effect for a Period of 10 years from the effective date of this ordinance (the "Term"). However, this Franchise Agreement shall not take effect and Mobilitie shall have no rights under this Franchise Agreement unless a written acceptance with the City is received pursuant to Section 5 of this Agreement. If Franchisee desires to renew this Franchise Agreement, it shall file a renewal application with the City between 180 days and 120 days prior to the expiration of the existing term. In the event of Use of "at the City's sole discretion" clarifies that any decision to extend a franchise agreement lies solely with the City. "Termination by Mobility" section negotiated specifically for their Agreement discretion, extend the term of this Franchise such filing, the City may, at the City's sole Agreement for up to one year beyond the expiration date to allow processing of renewal. If the City elects to extend the term of this Franchise, written notice of the extension shall be provided to Franchisee prior to the Franchise expiration date. discretion, extend the term of this Franchise Agreement for up to one year beyond the expiration date to allow processing of renewal. If the City elects to extend the term of this Franchise, written notice of the extension shall be provided to Franchisee prior to the Franchise expiration date. B. Termination by Mobilitie. Mobilitie may terminate this Agreement, either in its entirety or only as to Facilities installed at a particular location, for any reason or no reason in Mobilitie's sole discretion by providing 30 days' written notice to the City, in which case Mobilitie shall remove the subject Facilities or, with the approval of the City, abandon such Facilities in place. Section 5. Section 5. Acceptance of Terms and Conditions. The full acceptance of this Franchise Agreement and all the terms and conditions shall be filed with the City Clerk within 30 days of the effective date of this ordinance in the form attached hereto as Exhibit A. Failure on the part of VERIZON to file said consent within 30 days of the effective date of this ordinance shall void and nullify any and all rights granted under this Franchise Agreement. Section 5. Acceptance of Terms and Conditions. The full acceptance of this Franchise Agreement and all the terms and conditions shall be filed with the City Clerk within 30 days of the effective date of this ordinance in the form attached hereto as Exhibit A. Failure on the part of Franchisee to file said consent within 30 days of the effective date of this ordinance shall void and nullify any and all rights granted under this Franchise Agreement. Section 5. Acceptance of Terms and Conditions. An acceptance of this Franchise Language negotiated specific to Mobilitie Agreement Agreement and all the terms and conditions, in the form attached hereto as Exhibit A, shall be filed with the City Clerk within 30 days of the effective date of this ordinance. Failure on the part of Mobilitie to file said consent within 30 days of the effective date of this ordinance shall void and nullify any and all rights granted under this Franchise Agreement, and in such event this Agreement shall terminate without further obligation to either party. 5 Comparison of Small Cell Franchise Agreements Location Verizon Agreement AT&T/Cingular Agreement Mobilitie Agreement Discussion Section 6. Construction Provisions and Standards 1. Permit Required. No construction, maintenance, or repairs (except for emergency repairs) shall be undertaken in the Franchise Area without first obtaining appropriate Permits from the City of Tukwila. In case of an emergency, VERIZON shall, within 24 hours of the emergency, obtain a Permit from the City of Tukwila's Public Works Department. 1. Permit Required. No construction, maintenance, or repairs (except for emergency repairs) shall be undertaken in the Franchise Area without first obtaining appropriate permits from the City of Tukwila. In case of an emergency, Franchisee shall, within 24 hours of the emergency, obtain a permit from the City of Tukwila's Public Works Department. 1. Permit Required. No Construction, maintenance, or repairs (except for emergency repairs) shall be undertaken in the Franchise Area without first obtaining appropriate permits from the City of Tukwila, except in the case of an Emergency. In case "Permit(s)" and the use of a capital letter indicates the Permit in question is defined in the Franchise Agreement. That is not the case, therefore use of "permit(s)" is correct in that it references a generic permit required as part of the larger permitting process. Use of "Construction" implies construction specific to the Agreement Remainder of the difference negotiated specific to Mobilitie Agreement address steps to be taken in the case of a bonafide emergency. of an Emergency, Mobilitie may proceed with Construction, maintenance, or repairs necessary to address the Emergency without first obtaining appropriate permits, but shall, within 24 hours of the Emergency, obtain a permit from the City of Tukwila's Public Works Department. Such 24-hour period shall be extended to accommodate the duration of any closure of the City of Tukwila's Public Works Department (for example, for a holiday or weekend) Section 6. Construction Provisions and Standards 2. Coordination. All capital construction projects performed by VERIZON within the Franchise Area shall be inspected by a City inspector. All work and inspection shall be coordinated with the Engineering Division of the Public Works Department to ensure consistency with City infrastructure, future Capital Improvement Projects, all developer 2. Coordination. All capital construction projects performed by Franchisee within the Franchise Area shall be inspected by a City inspector. All work and inspection shall be coordinated with the Engineering Division of the Public Works Department to ensure consistency with City infrastructure, future Public Improvement Projects, all developer 2. Coordination. All capital Construction projects performed by Mobilitie within the Franchise Area shall be inspected by a City inspector. All work and inspection shall be coordinated with the Engineering Division of the Public Works Department to ensure consistency with City infrastructure, future Public Improvement projects, all developer Change from "Capital" to "Public" clarifies that the projects in question are coordinated with publicly owned and controlled projects whereas "Capital" could be construed to encompass private projects which are not part of this Franchise Agreement. Use of "Construction" implies construction specific to the Agreement, used throughout Mobilitie Agreement improvements, and pertinent codes and ordinances in effect on the date the permits and authorizations are issued for the affected Facilities. improvements, and pertinent codes and ordinances in effect on the date the permits and authorizations are issued for the affected Facilities. improvements, and pertinent codes and ordinances in effect on the date the permits and authorizations are issued for the affected Facilities. Section 6. Construction Provisions and Standards 4. Use of Public Rights -of -Way. Within parameters related to the City's role in protecting the public health, safety, and welfare and except as may be otherwise preempted by Law, the City may require that Facilities be installed at a particular time, at a specific place, or in a particular manner as a condition of access to the proposed Franchise Area and may deny access if VERIZON is not willing to comply with such 4. Use of Public Rights -of -Way. Within parameters related to the City's role in protecting the public health, safety, and welfare and except as may be otherwise preempted by Law, the City may require that Facilities be installed at a particular time, at a specific place, or in a particular manner as a condition of access to the proposed Franchise Area and may deny access if Franchisee is 4. Use of Public Rights -of -Way. Within parameters related to the City's role in protecting the public health, safety, and welfare and except as may be otherwise preempted by Law, the City may require that Facilities be installed at a particular time, at a specific place, or in a particular manner as a condition of access to the proposed Franchise Area and may deny access except in Negotiated change specific to Mobilitie Agreement, intent unchanged. not willing to comply with such requirements; compliance with such requirements; and, may requirements; and, may require removal of any Facility that is not installed in compliance with the Standards provided in this Franchise Agreement or which is installed without prior City approval of the time, place, or manner of installation. and, may require removal of any Facility that is not installed in compliance with the Standards provided in this Franchise or which is installed without prior City approval of the time, place, or manner of installation. require removal of any Facility that is not installed in compliance with the Standards provided in this Franchise or which is installed without prior City approval of the time, place, or manner of installation. 6 Comparison of Small Cell Franchise Agreements Location Verizon Agreement AT&T/Cingular Agreement Mobilitie Agreement Discussion Section 6. Construction Provisions and Standards 5. Construction Standards. Any construction, installation, maintenance, and restoration activities performed by or for VERIZON within the Franchise Area shall be constructed and located so as to produce the least amount of interference with the free passage of pedestrian and vehicular traffic and the rights and reasonable convenience of property owners, businesses, and residents along the Public Rights -of -Way. All construction, installation, maintenance and restoration activities shall be conducted such that they conform to the City's development guidelines and standards in effect on the date the permits and authorizations are issued for the affected Facilities and comply with Title 11 of the Tukwila Municipal Code. VERIZON's Facilities shall be designed, located, aligned, and constructed so as not to disturb or impair the use or operation of any street improvements, utilities, and related facilities tho City the City's 5. Construction Standards. Any construction, installation, maintenance and restoration activities performed by or for Franchisee within the Franchise Area shall be constructed and located so as to produce the least amount of interference with the free passage of pedestrian and vehicular traffic and the rights and reasonable convenience of property owners, businesses, and residents along the Public Rights -of -Way. All construction, installation, maintenance, and restoration activities shall be conducted such that they conform to the City's development guidelines and standards in effect on the date the permits and authorizations are issued for the affected Facilities and comply with Title 11 of the Tukwila Municipal Code. Franchisee's Facilities shall be designed, located, aligned, and constructed so as not to disturb or impair the use or operation of any street improvements, utilities, and related facilities of City or the City's existing lessees, licensees, permitees, franchisees, easement beneficiaries, or lien holders, without prior written consent of City or the parties whose improvements are interfered with and whose consent is required pursuant to agreements with the City existing prior to the Effective Date. 5. Construction Standards. Any Construction, installation, maintenance and restoration activities performed by or for Mobilitie within the Franchise Area shall be Constructed and located so as to produce the least amount of interference with the free passage of pedestrian and vehicular traffic and the rights and reasonable convenience of property owners, businesses, and residents along the Public Rights -of -Way. All Construction, installation, maintenance, and restoration activities shall be conducted such that they conform to the City's development guidelines and standards in effect on the date the permits and authorizations are issued for the affected Facilities and comply with Title 11 of the Tukwila Municipal Code. Franchisee's Facilities shall be designed, located, aligned, and Constructed so as not to disturb or impair the use or operation of any street improvements, utilities, and related facilities of City or the City's existing lessees, licensees, permitees, franchisees, easement beneficiaries, or lien holders, without prior written consent of City or the parties whose improvements are interfered with and whose consent is required pursuant to agreements with the City existing prior to the Effective Date. Grammatical preference in remove the article before City. Capitalization of "Effective Date" clarifies the date is when this particular agreement is enacted and governs. See below. of or existing lessees, licensees, permitees, franchisees, easement beneficiaries or lien holders, without prior written consent of tho City or the parties whose improvements are interfered with and whose consent is required pursuant to agreements with the City existing prior to the effective date. Section 6. Construction Provisions and Standards, 6. Duty to Restore a. VERIZON shall, after completion of construction of any part of its Telecommunications System, leave the Public Rights -of -Way and other property disturbed nearby in as good or better condition in all respects as it was in before the commencement of such Construction. VERIZON agrees to promptly complete restoration work to the reasonable satisfaction of the City and in conformance with City Standards. a. Franchisee shall, after completion of construction of any part of its Telecommunications System, leave the Public Rights -of -Way and other property disturbed nearby, in as good or better condition in all respects as it was in before the commencement of such Construction. Franchisee agrees to promptly complete restoration work to the reasonable satisfaction of the City and in conformance with City standards. a. Franchisee shall, after completion of Construction of any part of its Network, leave Use of "Network" in lieu of "Telecommunications System" negotiated specifically for Mobilitie Agreement Change to "standards" in this clause is an oversight and should be changed to "Standards" the Public Rights -of -Way and other property disturbed nearby, in as good or better condition in all respects as it was in before the commencement of such Construction. Franchisee agrees to promptly complete restoration work to the reasonable satisfaction of the City and in conformance with City standards. Section 6. Construction Provisions and Standards, 6. Duty to Restore c. If weather or other conditions do not allow the complete restoration required, VERIZON shall temporarily restore the affected Public Right -of -Way or public property. VERIZON shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration. c. If weather or other conditions do not allow the complete restoration required, Franchisee shall temporarily restore the affected Public Rights -of -Way or public property. Franchisee shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration. c. If weather or other conditions do not allow the complete restoration required, Franchisee shall temporarily restore the affected Public Rights -of -Way or public property. Franchisee shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration. Grammatical change made for consistency 7 Comparison of Small Cell Franchise Agreements Location Verizon Agreement AT&T/Cingular Agreement Mobilitie Agreement Discussion Section 6. Construction Provisions and Standards 8. Warranty. VERIZON shall warrant any restoration work performed by VERIZON in the Public Rights -of -Way or on other public property for 2 years, unless a longer period is required by applicable City Standards. If restoration is not satisfactorily and timely performed by VERIZON, the City may, after 30 days notice to VERIZON, or without 8. Warranty. Franchisee shall warrant any restoration work performed by Franchisee in the Public Rights -of -Way or on other public property for 2 years, unless a longer period is required by applicable City Standards. If restoration is not satisfactorily and timely performed by Franchisee, the City may, after prior notice to Franchisee, or without notice where the disturbance or damage may create an imminent risk to public health or safety, cause the repairs to be made and recover the actual, and documented cost of those repairs from Franchisee. Within 30 days of receipt of an itemized list of those costs, including the costs of labor, materials and equipment, Franchisee shall pay the City. 8. Warranty. Franchisee shall warrant any restoration work performed by Franchisee in the Public Rights -of -Way or on other public property for 2 years, unless a longer period is required by applicable City Standards. If restoration is not satisfactorily and timely performed by Franchisee, the City may, after prior notice to Franchisee, or without notice where the disturbance or damage may create an imminent risk to public health or safety, cause the repairs to be made and recover the actual, and documented cost of those repairs from Franchisee. Within 30 days of receipt of an itemized list of those costs, including the costs of labor, materials and equipment, Franchisee shall pay the City. Removal of "after 30 days" negotiated prior notice where the disturbance or damage may create an imminent risk to public health or safety, cause the repairs to be made and recover the cost of those repairs from VERIZON. Within 30 days of receipt of an itemized list of those costs, including the costs of labor, materials and equipment, VERIZON shall pay the City. Section 6. Construction Provisions and Standards 9. Restoration of Private Property. When VERIZON does any Work in the Public Rights -of -Way that affects, disturbs, alters, or damages any adjacent private property, it shall, at its own expense, be responsible for restoring such private property to the reasonable satisfaction of the private property owner. 9. Restoration of Private Property. When Franchisee does any Work in the Public Rights -of -Way that affects, disturbs, alters, or damages any adjacent private property, it shall, at its own expense, be responsible for restoring such private property to the reasonable satisfaction of the private property owner. 9. Restoration of Private Property. When Franchisee does any Work in the Public Rights -of -Way that affects, disturbs, alters, or damages any adjacent private property, it shall, at its own expense, be responsible for restoring such private property to its condition Additional language specific to Mobilitie Agreement immediately prior to the affect, disturbance, alteration, or damage, to the reasonable satisfaction of the private property owner. 8 Comparison of Small Cell Franchise Agreements Location Verizon Agreement AT&T/Cingular Agreement Mobilitie Agreement Discussion Section 6. Construction Provisions and Standards 10. Stop Work. On written notice from the City that any Work does not comply with the Franchise Agreement, the approved Design Documents for the Work, the Standards, or other applicable Law, or is being performed in an unsafe or dangerous manner as reasonably determined by the City, the non- compliant Work may immediately be stopped by the City. The stop work order shall be in writing, given to the Person doing the Work and be posted on the Work site, indicate the nature of the alleged violation or unsafe condition and establish conditions under which Work may be resumed. If so ordered, VERIZON shall cease and shall cause its contractors and subcontractors to cease such activity until the City is satisfied that VERIZON is in compliance. If an unsafe condition is found to exist, the City, in addition to taking any other action permitted under applicable Law, may order VERIZON to make the necessary repairs and alterations specified therein forthwith to correct the unsafe condition by a time the City establishes in its discretion. The City has the right to inspect, repair, and correct the unsafe condition if VERIZON fails to do so, and to reasonably charge VERIZON for the costs incurred to perform such inspection, repair, or correction. Payment by VERIZON will be made within 30 days following receipt of written notice including itemized invoice and supporting documentation evidencing such cost. 10. Stop Work. On notice from the City that any Work does not comply with the Franchise, the approved Design Documents for the Work, the Standards, or other applicable Law, or is being performed in an unsafe or dangerous manner as determined by the City, the non-compliant Work may immediately be stopped by the City. The stop work order shall be in writing, given to the Person doing the Work and be posted on the Work site, indicate the nature of the alleged violation or unsafe condition and establish conditions under which Work may be resumed. If so ordered, Franchisee shall cease and shall cause its contractors and subcontractors to cease such activity until the City is satisfied that Franchisee is in compliance. If an unsafe condition is found to exist, the City, in addition to taking any other action permitted under applicable Law, may order Franchisee to make the necessary repairs and alterations specified therein forthwith to correct the unsafe condition by a time the City establishes in its discretion. The City has the right to inspect, repair, and correct the unsafe condition if Franchisee fails to do so, and to reasonably charge Franchisee for the actual and documented 10. Stop Work. On notice from the City that any Work does not comply with the Franchise, the approved Design Documents for the Work, the Standards, or other applicable Law, or is being performed in an unsafe or dangerous manner as determined by the City, the non-compliant Work may immediately be stopped by the City. The stop work order shall be in writing, given to the Person doing the Work and be posted on the Work site, indicate the nature of the alleged violation or unsafe condition and establish conditions under which Work may be resumed. If so ordered, Franchisee shall cease and shall cause its contractors and subcontractors to cease such activity until the City is satisfied that Franchisee is in compliance. If an unsafe condition is found to exist, the City, in addition to taking any other action permitted under applicable Law, may order Franchisee to make the necessary repairs and alterations specified therein forthwith to correct the unsafe condition by a time the City establishes in its discretion. The City has the right to inspect, repair, and correct the unsafe condition if Franchisee fails to do so, and to reasonably charge Franchisee for the actual and documented "Written" removed to all for all types of notices to be used. Term "reasonably" removed to give final authority to Tukwila to make the determination when activity is unsafe or dangerous, not compliant with standards or laws, or not meeting the City -approved designs. Inclusion of "actual and documented" provides assurance to the Franchisee that the City will be able to produce a detailed invoice of reimbursable costs incurred to cure borne by the City. costs incurred to perform such inspection, repair, or correction. Payment by Franchisee will be made within 30 days following receipt of written notice including itemized invoice and supporting documentation evidencing such cost. costs incurred to perform such inspection, repair, or correction. Payment by Franchisee will be made within 30 days following receipt of written notice including itemized invoice and supporting documentation evidencing such cost. 9 Comparison of Small Cell Franchise Agreements Location Verizon Agreement AT&T/Cingular Agreement Mobilitie Agreement Discussion Section 6. Construction Provisions and Standards 11. Alteration. Except as may be shown in the Design Documents approved by the City or the records drawings, or as may be necessary to respond to an Emergency, VERIZON and VERIZON's contractors and subcontractors may not make any material alterations to the Franchise Area without the City's prior consent, which consent shall not be delayed, 11. Alteration. Except as may be shown in the Design Documents approved by the City or the records drawings, or as may be necessary to respond to an Emergency, Franchisee and Franchisee's contractors and subcontractors may not make any material alterations to the Franchise Area without the City's prior written consent, which consent 11. Alteration. Except as may be shown in the Design Documents approved by the City or the records drawings, or as may be necessary to respond to an Emergency, Franchisee and Franchisee's contractors and subcontractors may not make any material alterations to the Franchise Area without the City's prior written consent, which consent Negotiated changes between Tukwila and the Franchisees. Additional language in Mobilitie Agreement provides clarification on maintenance-type work not requiring additional permitting and restricts replacement of equipment to the same size and weight or smaller as the original permitted use. shall not be unreasonably withheld. The parties acknowledge that nothing in this agreement limits the City's rights under applicable federal, state, and local laws to regulate the placement and appearance of Franchisee's Facilities in the Franchise Area. Material alteration shall include, but not be limited to: a change in the dimension, height, location, or placement of the Facilities shall not be unreasonably withheld. The parties acknowledge that nothing in this agreement limits the City's rights under applicable federal, state, and local laws to regulate the placement and appearance of Franchisee's Facilities in the Franchise Area. Material alteration shall include, but not be limited to: a change in the dimension, height, location, or placement of the Facilities. If Franchisee desires to change either the unreasonably withheld, or conditioned. The parties acknowledge that nothing in this agreement limits the City's rights under applicable federal, state, and local laws to regulate the placement and appearance of VERIZON's Facilities in the Franchise Area. Material alteration and/or deviation shall include, but not be limited to: a change in the dimension or height or location or placement of the Facilities location of any Facilities or otherwise materially deviates from the approved design of any of the Facilities, Franchisee shall submit such change to the City in writing for its approval. Franchisee shall have no right to commence any such alteration until after Franchisee has received the City's approval of such change in writing. Under no circumstance shall Franchisee permanently affix anything in the Franchise Area that has not been permitted by the City and/or that inconveniences the public use of the right of way or adversely affects the public health, safety, or welfare. Notwithstanding the foregoing, alterations shall not be material and shall not be subject to additional permitting or City approval to the extent that: (i) such modification to the attachment involves only substitution of internal components, and does not result in any change to the external appearance, dimensions, or weight of the attachment, as approved by the City; or (ii) such modification involves replacement of the attachment with an attachment that is the same, or smaller in weight and dimensions as the approved attachment. Mobilitie will notify the City of any such modification within 15 days after the modification is made. 10 Comparison of Small Cell Franchise Agreements Location Verizon Agreement AT&T/Cingular Agreement Mobilitie Agreement Discussion Section 6. Construction Provisions and Standards 12. Underground Installation Required. All telecommunications cables and junction boxes or other vaulted system components shall be installed consistent with 12. Underground Installation Required. All telecommunications cables and junction boxes or other vaulted system components shall be installed consistent with 12. Underground Installation Required. All telecommunications cables and junction boxes or other vaulted system components shall be installed underground when and to Language preference negotiated specific to Mobilitie Agreement, intent of the section is unchanged underground the requirements of Tukwila Municipal Code Section 11.32.090(B), unless otherwise exempted from this requirement, in writing, by the Public Works Director provided, however, this requirement shall not apply to the Facilities that are required to remain above ground in order to be functional. underground the requirements of Tukwila Municipal Code Section 11.32.090(B), unless otherwise exempted from this requirement, in writing, by the Public Works Director, provided, however, this requirement shall not apply to the Facilities that are required to remain above ground in order to be functional. the extent required by Tukwila Municipal Code Section 11.32.090(B), unless otherwise exempted from this requirement, in writing, by the Public Works Director, provided however, this requirement shall not apply to the Facilities that are required to remain above ground in order to be functional. Section 6. Construction Provisions and Standards, 13, Relocation a. The City shall have the right to require VERIZON to alter, adjust, relocate, re -attach, secure, or protect in place its Facilities within the public right-of-way when reasonably necessary for construction, alteration, repair, or improvement of any portion of the public rights-of-way for purposes of public welfare, health, or safety ("Public Improvements"). Such Public Improvements include, but are not limited to: public rights-of-way construction; public rights-of-way repair (including resurfacing or widening); change of public rights-of-way grade; construction, installation or repair of sewers, drains, water pipes, power lines, signal lines, communication lines, or any other type of government-owned communications, utility, or public transportation systems, public work, public facility, or improvement of any government-owned utility; public rights-of-way vacation, and the construction of any public improvement or structure by any governmental agency acting in a governmental capacity. a. The City shall have the right to require Franchisee to alter, adjust, relocate, re -attach, secure, or protect in place its Facilities within the public right-of-way when reasonably necessary for construction, alteration, repair, or improvement of any portion of the Public Rights -of -Way for purposes of public welfare, health, or safety ("Public Improvements"). Such Public Improvements include, but are not limited to: Public Rights -of -Way construction; Public Rights -of -Way repair (including resurfacing or widening); change of Public Rights -of -Way grade; construction, installation, or repair of sewers, drains, water pipes, power lines, signal lines, communication lines, or any other type of government-owned communications, utility or public transportation systems, public work, public facility, or improvement of any government-owned utility; Public Rights -of- Way vacation, and the construction of any public improvement or structure by any governmental agency acting in a governmental capacity. In the event the City requires Franchisee to relocate its Facilities, the City shall provide Franchisee with written notice requesting such relocation, along with plans for the public improvement that are sufficiently complete to allow for the initial evaluation, coordination, and the development of a relocation plan. The City and Franchisee shall meet at a time and location determined by the City to discuss the project requirements including critical timelines, schedules, construction standards, utility conflicts, as -built requirements, and other pertinent relocation plan details. The City shall notify Franchisee as soon as practicable of the need for a. The City shall have the right to require Mobilitie to alter, adjust, relocate, re -attach, secure, or protect in place its Facilities within the public right-of-way when reasonably necessary for construction, alteration, repair, or improvement of any portion of the Public Rights -of -Way for purposes of public welfare, health, or safety ("Public Improvements"). Such Public Improvements include, but are not limited to: Public Rights -of -Way construction; Public Rights -of -Way repair (including resurfacing or widening); change of Public Rights -of -Way grade; construction, installation, or repair of sewers, drains, water pipes, power lines, signal lines, communication lines, or any other type of government-owned communications, utility or public transportation systems, public work, public facility, or improvement of any government-owned utility; Public Rights -of - Way vacation, and the construction of any public improvement or structure by any governmental agency acting in a governmental capacity. In the event the City requires Mobilitie to relocate its Facilities, the City shall provide Mobilitie with written notice requesting such relocation, along with plans for the Public Improvement that are sufficiently complete to allow for the initial evaluation, coordination, and the development of a relocation plan. The City and Mobilitie shall meet at a time and location determined by the City to discuss the project requirements including critical timelines, schedules, construction standards, utility conflicts, as -built requirements, and other pertinent relocation plan details. The City shall notify Mobilitie as soon as practicable of the need for relocation "Public Rights -of -Way" and the use of capital letters indicates the publicly owned ROW specific to the Franchise and the City's rights to require relocation. Change included after Verizon Agreement was approved. Addition to last sentence negotiated specific to Mobilitie Agreement 11 Comparison of Small Cell Franchise Agreements Location Verizon Agreement AT&T/Cingular Agreement Mobilitie Agreement Discussion relocation and shall specify the date by which relocation shall be completed. Except in case of emergency such notice shall be no less than 90 days. and shall specify the date by which relocation shall be completed. Except in case of emergency, such notice shall be no less than 90 days before the relocation is to be completed. Section 6. Construction Provisions and Standards, 13, Relocation c. VERIZON may, after receipt of written notice requesting a relocation of its Facilities, submit to the City written alternatives to such relocation within the time specified by the City. Such alternatives shall include the use and operation of temporary Facilities in adjacent rights-of-way. The City shall evaluate such alternatives and advise VERIZON in writing if one or more of the alternatives are suitable to accommodate the work, which would otherwise necessitate relocation of the Facilities. If requested by the City, VERIZON shall submit additional information to assist the City in making such evaluation. The City shall give each alternative proposed by VERIZON full and fair consideration. In the event the City, in its sole discretion, decides not to accept the alternatives suggested by VERIZON, VERIZON shall relocate its Facilities as in Section 6, c. Franchisee may, after receipt of written notice requesting a relocation of its Facilities, submit to the City written alternatives to such relocation within the time specified by the City. Such alternatives shall include the use and operation of temporary Facilities in adjacent rights-of-way. The City shall evaluate such alternatives and advise Franchisee in writing if one or more of the alternatives are suitable to accommodate the work, which would otherwise necessitate relocation of the Facilities. If requested by the City, Franchisee shall submit additional information to assist the City in making such evaluation. The City shall give each alternative proposed by Franchisee full and fair consideration. In the event the City, in its sole discretion, decides not to accept the alternatives suggested by Franchisee, Franchisee shall relocate its c. Mobilitie may, after receipt of written notice requesting a relocation of its Facilities, submit to the City written alternatives to such relocation within the time specified by the City. Such alternatives shall include the use and operation of temporary Facilities in adjacent rights-of-way. The City shall evaluate such alternatives and advise Mobilitie in writing if one or more of the alternatives are suitable to accommodate the work, which would otherwise necessitate relocation of the Facilities. If requested by the City, Mobilitie shall submit additional information to assist the City in making such evaluation. The City shall give each alternative proposed by Mobilitie full and fair consideration. In the event the City, in its sole discretion, decides not to accept the alternatives suggested by Mobilitie, Mobilitie shall relocate its Facilities Change gives more control to the City to direct relocation but does not give authority to go beyond authority or requirements defined within the Franchise. Facilities as directed by the City. as directed by the City. otherwise specified subparagraph 5. Section 6. Construction Provisions and Standards, 13, Relocation e. If during the construction, repair, or maintenance of the City's public improvement project an unexpected conflict occurs from VERIZON's Facilities, VERIZON shall, upon notification from the City, respond within 24 hours to resolve the conflict. e. If during the construction, repair, or maintenance of the City's public improvement project an unexpected conflict occurs from Franchisee's Facilities, Franchisee shall, upon notification from the City, respond within 24 hours to resolve the conflict. e. If during the construction, repair, or maintenance of the City's Public Improvement project an unexpected conflict occurs from Mobilitie's Facilities, Mobilitie shall, upon notification from the City, respond within 24 hours to resolve the conflict. Use of "Public Improvement" clarifies that the project in question specifically relates to the Relocation section of the Franchise Agreement. Negotiated specific to Mobilitie Agreement Section 6. Construction Provisions and Standards 14. Removal or Abandonment. Upon the removal from service of any service antennas or other associated structures, Facilities and amenities, VERIZON shall comply with all applicable standards and requirements prescribed by the City of Tukwila's Public Works Department for the removal or abandonment of said structures 14. Removal or Abandonment. Upon the removal from service of any service antennas or other associated structures, Facilities and/or amenities, Franchisee shall comply with all applicable standards and requirements prescribed by the City of Tukwila's Public Works Department for the removal or abandonment of said structures and Facilities. 14. Removal or Abandonment. Upon the removal from service of any service antennas or other associated structures, Facilities and/or amenities, Mobilitie shall comply with all applicable standards and requirements prescribed by the City of Tukwila's Public Works Department for the removal or abandonment of said structures and Facilities. Inclusion of "/or" provides clarity on removal and abandonment definition. Use of "Facilities Constructed" implies the facility in question is specifically related to the Agreements and Facilities. No facility constructed or No Facility Constructed or owned by No Facility Constructed or owned by Mobilitie owned by VERIZON shall be abandoned without the express written consent of the City. Franchisee shall be abandoned without the express written consent of the City. shall be abandoned without the express written consent of the City. 12 Comparison of Small Cell Franchise Agreements Location Verizon Agreement AT&T/Cingular Agreement Mobilitie Agreement Discussion Section 6. Construction Provisions and Standards 15. Bond. Before undertaking any of the work, installation, improvements, construction, repair, relocation, or maintenance authorized by this Franchise Agreement, VERIZON shall, upon the request of the City, furnish one bond executed by VERIZON for all of its Facilities in the City's rights-of-way, in such sum as may be set and approved by the City as sufficient to ensure performance of VERIZON's obligations under this Franchise Agreement, provided, however, that such sum shall not exceed 150% of the cost of the Telecommunications System to be installed by VERIZON in the City rights-of-way. At VERIZON's sole option, VERIZON may provide alternate security in the form of an assignment of funds or a letter of credit, in the same amount as the bond. All forms be in the 15. Bond. Before undertaking any of the work, installation, improvements, construction, repair, relocation, or maintenance authorized by this Franchise Agreement, Franchisee shall, upon the request of the City, furnish one bond executed by Franchisee for all of its Facilities in the City's rights-of-way, in the amount of $25,000.00. At Franchisee's sole option, Franchisee may provide alternate security in the form of an assignment of funds or a letter of credit, in the same amount as the bond. All forms of security shall be in a form reasonably acceptable to the City. The bond shall be conditioned so that Franchisee shall observe all the covenants, terms, and conditions and shall faithfully perform all of the obligations of this Franchise Agreement, and repair or replace any defective Franchisee work or materials discovered in the City's roads, streets, or property. 15. Bond. Before undertaking any of the work, installation, improvements, Construction, repair, relocation, or maintenance authorized by this Franchise Agreement, Mobilitie shall, upon the request of the City, furnish one bond executed by Mobilitie for all of its Facilities in the City's Negotiated differences between Agreements. rights-of-way, in the amount of $25,000.00. At Franchisee's sole option, Franchisee may provide alternate security in the form of an assignment of funds or a letter of credit, in the same amount as the bond. All forms of security shall be in a form reasonably acceptable to the City. The bond shall be conditioned so that Mobilitie shall observe all the covenants, terms, and conditions and shall faithfully perform all of the obligations of this Franchise Agreement, and repair or replace any defective Mobilitie work or materials discovered in the City's roads, streets, or property. of security shall form reasonably acceptable to the City. The bond shall be conditioned so that VERIZON shall observe all the covenants, terms, and conditions and shall faithfully perform all of the obligations of this Franchise Agreement, and to repair or replace any defective VERIZON work or materials discovered in the City's roads, streets, or property. Section 6. Construction Provisions and Standards 18. Recovery of Costs. VERIZON shall be subject to all permit fees associated with activities undertaken through the authority granted in this Franchise Agreement or under ordinances of the City in effect on the date the permits and authorizations are issued for the affected Facilities. Where the City incurs reasonable costs and expenses for review or inspection of activities undertaken through the authority granted in this Franchise Agreement or any ordinances relating to the subject for which permit fees have not been established, VERIZON shall pay such reasonable costs and expenses directly to the 18. Recovery of Costs. Franchisee shall be subject to all permit fees associated with activities undertaken through the authority granted in this Franchise Agreement or under ordinances of the City in effect on the date the permits and authorizations are issued for the affected Facilities. Where the City incurs costs and expenses for review or inspection of activities undertaken through the authority granted in this Franchise Agreement or any ordinances relating to the subject for which permit fees have not been established, Franchisee shall pay such costs and expenses directly to the City. 18. Recovery of Costs. Mobilitie shall be subject to all permit fees associated with activities undertaken through the authority granted in this Franchise Agreement or under ordinances of the City in effect on the date the permits and authorizations are issued for the affected Facilities. Where the City incurs costs and expenses for review or inspection of activities undertaken through the authority granted in this Franchise Agreement or any ordinances relating to the subject for which permit fees have not been established, Mobilitie shall pay such reasonable costs and expenses directly to the City. Negotiated change to ensure that any costs incurred by the City are recovered without the qualifier of "reasonable" City. 13 Comparison of Small Cell Franchise Agreements Location Verizon Agreement AT&T/Cingular Agreement Mobilitie Agreement Discussion Section 7. Franchise Compliance A. Franchise Violations. The failure by VERIZON to fully comply with any of the provisions of this Franchise Agreement may result in a written notice from the City that describes the violations of the Franchise Agreement and requests remedial action within 60 days of receipt of such notice. If VERIZON has not attained full compliance at the end of the 60 -day period following receipt of the violation notification, the City may declare an immediate termination of all franchise rights and privileges, provided that full compliance was reasonably possible within that 60 -day period. A. Franchise Violations. The failure by either the City or Franchisee (the "Defaulting A. Franchise Violations. The failure by Mobilitie to fully comply with any of the provisions of this Franchise Agreement may result in a written notice from the City that describes the violations of the Franchise Agreement and requests remedial action within 60 days of receipt of such notice. If Mobilitie has not attained full compliance at the end of the 60 -day period following receipt of the violation notification, the City may declare an immediate termination of all franchise rights and privileges, provided that full compliance was reasonably possible within that 60 -day period. Change provides direction should the City be the Defaulting Party in the agreement. Risk to the City is low. Party") to fully comply with any of the provisions of this Franchise Agreement may result in a written notice from the other party (the "Non -Defaulting Party") that describes the violations of the Franchise Agreement and requests remedial action within 60 days of receipt of such notice. If the Defaulting Party has not attained full compliance at the end of the 60 -day period following receipt of the violation notification, the Non -Defaulting Party may declare an immediate termination of this Franchise Agreement, provided that full compliance was reasonably possible within that 60 -day period. Section 7. Franchise Compliance, B, Emergency Actions 1. If any of VERIZON's actions under this Franchise Agreement, or any failure by VERIZON to act to correct a situation caused by VERIZON, is reasonably deemed by the City to create a threat to life or property, financial harm, or cause a delay of the construction, repair or maintenance of the public improvement, the City may order VERIZON to immediately correct said threat, financial harm, or delay or, at the City's discretion, the City may undertake measures to correct said threat, financial harm or delay itself; provided that, when possible, the City shall notify VERIZON in-writi-ng and give VERIZON an opportunity to correct within a specified time said threat, financial harm or delay before undertaking such corrective measures. 1. If any of Franchisee's actions under this Franchise Agreement, or any failure by Franchisee to act to correct a situation caused by Franchisee, is reasonably deemed by the City to create a threat to life or property, financial harm, or cause a delay of the construction, repair or maintenance of the public improvement, the City may order Franchisee to immediately correct said threat, financial harm, or delay or, at the City's discretion, the City may undertake measures to correct said threat, financial harm or delay itself; provided that, when possible, the City shall notify Franchisee and give Franchisee an opportunity to correct within a specified time said threat, financial harm, or delay before undertaking such corrective measures. 1. If any of Mobilitie's actions under this Franchise Agreement, or any failure by Mobilitie to act to correct a situation caused by Mobilitie, is reasonably deemed by the City to create a threat to life or property, financial harm, or cause a delay of the construction, repair or maintenance of the public improvement, the City may order Mobilitie to immediately correct said threat, financial harm, or delay or, at the City's discretion, the City may undertake measures to correct said threat, financial harm or delay itself; provided that, when possible, the City shall notify Mobilitie and give Mobilitie an opportunity to correct within a specified time said threat, financial harm, or delay before undertaking such corrective measures. "in writing" removed to all for all types of notices to be used. 14 Comparison of Small Cell Franchise Agreements Location Verizon Agreement AT&T/Cingular Agreement Mobilitie Agreement Discussion Section 8. Insurance. A. VERIZON shall maintain Commercial General liability insurance during the full term of this Franchise Agreement for bodily injury (including death) and property damages. The limit of liability shall be a combined single limit in the amount of $2,000,000 for each occurrence and $2,000,000 general aggregate. A. Franchisee shall maintain liability insurance during the full term of this Franchise Agreement for personal injury and property damages which may arise from or in connection with operations or activities performed by or on Franchisee's behalf with the issuance of this Franchise. The Franchisee's maintenance of insurance as required by the Franchise Agreement shall not be construed to limit the liability of Franchisee to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Mobilitie shall maintain liability insurance during the full term of this Franchise Agreement for personal injury and property damages which may arise from or in connection with operations or activities performed by or on Franchisee's behalf with the issuance of this Franchise. The Franchisee's maintenance of insurance as required by the Franchise Agreement shall not be construed to limit the liability of Franchisee to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. Notwithstanding anything to the contrary, Changes to the required insurance coverage was negotiated with AT&T/Cingular and Mobilitie after recommendations by WCIA. The insurance coverage in the Mobilitie and AT&T Franchises provides significantly higher coverage than the Verizon Franchise. Mobilitie negotiated last clause to allow flexibility in meeting the higher coverage requirements through umbrella and/or excess liability insurance. Mobilitie may satisfy the foregoing insurance requirements through a combination of commercial general liability insurance and umbrella or excess liability insurance. Section 8. Insurance. B. Such insurance shall include as additional insured, the City, its officers, officials, and employees as their interest may appear under this Franchise Agreement, excluding worker's compensation and employer's liability; shall apply as primary insurance; and shall stipulate that no insurance affected by the City will be called on to contribute to a loss covered thereunder. Upon receipt of notice from its insurer(s) that any insurance required by this Franchise Agreement will be cancelled or will not be renewed, and VERIZON will not replace such insurance with coverage as required by this Franchise Agreement, VERIZON shall provide theeCity with 3days prior written notice of such cancellation. Notice shall be provided as required by Section 12 below. at Should the City receive such notice,City'sCommercial discretion, the City may send a notice of default to VERIZON allowing VERIZON 15 days to cure its failure to maintain insurance as required by this Franchise Agreement. If VERIZON fails to cure the default within such 15 -day the City may unilaterally terminate period,this yAgreementyby sending written Franchisenoticeof termination to VERIZON. a. B. Such required insurance shall include as additional insured, the City, its officers, officials, and employees as their interest may appear under this Franchise Agreement, excluding worker's compensation and employer's liability; shall apply as primary insurance; shall stipulate that no insurance affected by the City will be called on to contribute to a loss covered thereunder. 1. Commercial General Liability insurance shall be at least as broad as Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover liability arising frompremises, operations, independent p p contractors, products -completed operations, stop gap liability, personal injury and advertisinginjury, and liabilityassumed under an insured contract. The Franchisee's General Liability insurance shall provide limits of $5,000,000 each occurrence; $10,000,000 aggregate. There shall be no exclusion for liabilityarisingfrom explosion, ex p , collapse or underground property damage. The City shall be included as an additional insured under the Permittee's Commercial General Liability insurance policy using ISO Additional Insured—State or Political Subdivisions—Permits CG 20 12 or a substitute endorsement providing at least as broad coverage. B. Such required insurance shall include as additional insured, the City, its officers, officials, and employees as their interest may appear under this Franchise Agreement, excluding worker's compensation and employer's liability; shall apply as primary insurance; shall stipulate that no insurance affected by the City will be called on to contribute to a loss covered thereunder. 1. Commercial General Liability insurance shall be at least as broad as Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products -completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Franchisee's Commercial General Liability insurance shall provide limits of $5,000,000 each occurrence; $10,000,000 aggregate. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The City shall be included as an additional insured under the Permittee's Commercial General Liability insurance policy using ISO Additional Insured—State or Political Subdivisions—Permits CG 20 12 or a substitute endorsement providing at least as broad coverage. Changes to the required insurance coverage was negotiated with AT&T/Cingular and Mobilitie after recommendations by WCIA. The insurance coverage in the Mobilitie and AT&T Franchises provides significantly higher coverage than the Verizon Franchise. 15 Comparison of Small Cell Franchise Agreements Location Verizon Agreement AT&T/Cingular Agreement Mobilitie Agreement Discussion 2. Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Automobile Liability insurance shall have a combined single limit for bodily injury and property damage of 2. Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Automobile Liability insurance shall have a combined single limit for bodily injury and property damage of $3,000,000 per accident. Coverage shall be at least as broad as Insurance Services Office $3,000,000 per accident. Coverage shall be at least as broad as Insurance Services Office (ISO) form CA 00 01. (ISO) form CA 00 01. 3. Further, franchisee shall maintain 3. Further, franchisee shall maintain Pollution Liability insurance (or Franchisee shall self -insure the same) covering losses caused by pollution conditions that arise in connection with this Franchise. Franchisee's Pollution Liability insurance (or Franchisee shall self -insure the same) covering losses caused by pollution conditions that arise in connection with this Franchise. Franchisee's Pollution Liability insurance shall be written in an amount of $1,000,000 per loss, with an annual aggregate of $1,000,000. Pollution Pollution Liability insurance shall be written in an amount of $1,000,000 per loss, with an annual aggregate of $1,000,000. Pollution Liability insurance shall cover bodily injury, property damage, cleanup costs, and defense, including costs and expenses incurred in the investigation, defense, or settlement of claims. Liability insurance shall cover bodily injury, property damage, cleanup costs, and defense, including costs and expenses incurred in the investigation, defense, or settlement of claims. 4. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A minus: VII. 4. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A minus: VII. 5. Notwithstanding the foregoing, Licensee may, in its sole discretion, self insure any of the required insurance under the same terms as required by this agreement as long as Franchisee or its affiliated parent maintains a net worth of at least $200,000,000 as evidenced in its annual certified financials. In the event Franchisee elects to self -insure its obligation under this Agreement to include the 5. Notwithstanding the foregoing, Licensee may, in its sole discretion, self insure any of the required insurance under the same terms as required by this Agreement as long as Franchisee or its affiliated parent maintains a net worth of at least $200,000,000 as evidenced in its annual certified financials. In the event Franchisee elects to self -insure its obligation under this Agreement to include the City as an additional insured, the following conditions apply: City as an additional insured, the following conditions apply: (a) the City shall promptly and no later than 30 days after notice thereof provide a. the City shall promptly and no later than 30 days after notice thereof provide Franchisee with written notice of any claim, demand, lawsuit, or the like for which it seeks coverage pursuant to this section and provide Franchisee with written notice of any claim, demand, lawsuit, or the like for which it seeks coverage pursuant to this section and provide Franchisee with copies of any demands, notices, summonses, or legal papers received in connection with such claim, demand, lawsuit, or the like; Franchisee with copies of any demands, notices, summonses, or legal papers received in connection with such claim, demand, lawsuit, or the like; 16 Comparison of Small Cell Franchise Agreements Location Verizon Agreement AT&T/Cingular Agreement Mobilitie Agreement Discussion (b) the City shall not settle any such claim, demand, lawsuit, or the like without the prior written consent of Franchisee; and (c) the City shall fully cooperate with Franchisee in the defense of the claim, demand, lawsuit, or the like. b. the City shall not settle any such claim, demand, lawsuit, or the like without the prior written consent of Franchisee; and c. the City shall fully cooperate with Franchisee in the defense of the claim, demand, lawsuit, or the like. Section 8. Insurance. C. VERIZON's contractors and subcontractors performing Work in the Public Rights -of -Way shall comply with such bond, indemnity, and insurance requirements as may be required by City code or regulations, or other applicable Law. Any contractors or subcontractors performing Work within the Public Rights -of -Way on behalf of VERIZON shall be deemed servants and agents of VERIZON for the purposes of this Franchise Agreement and are subject to the same restrictions, limitations, and conditions as if the Work were performed by VERIZON. VERIZON shall be responsible for all Work performed by its contractors and subcontractors and others performing Work on its behalf as if the Work were performed by it, and shall ensure that all such Work is performed in compliance with this Franchise Agreement and other applicable laws, and shall be jointly and severally liable for all damages and correcting all damage caused by them. It is VERIZON's responsibility to ensure that contractors, subcontractors, or other Persons performing Work on VERIZON's behalf are familiar with the requirements of this Franchise Agreement and other applicable Laws governing the Work performed by them. C. Franchisee's contractors and subcontractors performing Work in the Public Rights -of -Way shall comply with such bond, indemnity, and insurance requirements as may be required by City code or regulations, or other applicable Law. Any contractors or subcontractors performing Work within the Public Rights -of -Way on behalf of Franchisee shall be deemed servants and agents of Franchisee for the purposes of this Franchise and are subject to the same restrictions, limitations, and conditions as if the Work were performed by Franchisee. Franchisee shall be responsible for all Work performed by its contractors and subcontractors and others performing Work on its behalf as if the Work were performed by it, and shall ensure that all such Work is performed in compliance with this Franchise and other applicable laws, and shall be jointly and severally liable for all damages and correcting all damage caused by them. It is Franchisee's responsibility to ensure that contractors, subcontractors, or other Persons performing Work on Franchisee's behalf are familiar with the requirements of this Franchise and other applicable Laws governing the Work performed by them. Notwithstanding the foregoing, neither Franchisee nor any of its contractors, subcontractors, or other Persons performing work on Franchisee's behalf shall be required to apply any new laws to existing Facilities unless required by law. D. The Franchisee shall provide the City with written notice of any required policy cancellation at least 30 days prior to the effective date of such cancellation if suoh coverage is not replaced. Failure on the part of Franchisee to maintain the insurance as required shall constitute a material breach of C. Franchisee's contractors and subcontractors performing Work in the Public Rights -of -Way shall comply with such bond, indemnity, and insurance requirements as may be required by City code or regulations, or other applicable Law. Any contractors or subcontractors performing Work within the Public Rights -of -Way on behalf of Franchisee shall be deemed servants and agents of Franchisee for the purposes of this Franchise and are subject to the same restrictions, limitations, and conditions as if the Work were performed by Franchisee. Franchisee shall be responsible for all Work performed by its contractors and subcontractors and others performing Work on its behalf as if the Work were performed by it, and shall ensure that all such Work is performed in compliance with this Franchise and other applicable laws, and shall be jointly and severally liable for all damages and correcting all damage caused by them. It is Franchisee's responsibility to ensure that contractors, subcontractors, or other Persons performing Work on Franchisee's behalf are familiar with the requirements of this Franchise and other applicable Laws governing the Work performed by them. D. The Franchisee shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice if coverage is not replaced. Failure on the part of Franchisee to maintain the insurance as required shall constitute a material breach of the Franchise, upon which the City may, after giving five business days' notice to Franchisee to correct the breach, immediately terminate the Franchise or, at its discretion, procure or renew such insurance and pay any and all Changes to the required insurance coverage was negotiated with AT&T/Cingular and Mobilitie after recommendations by WCIA. 17 Comparison of Small Cell Franchise Agreements Location Verizon Agreement AT&T/Cingular Agreement Mobilitie Agreement Discussion the Franchise, upon which the City may, after giving five business days' notice to Franchisee to correct the breach, immediately terminate the Franchise or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any reasonable sums so expended to be repaid to the City on demand. premiums in connection therewith, with any reasonable sums so expended to be repaid to the City on demand. Section 10. Transfer of Ownership. A. The rights, privileges, benefits, title, or interest provided by this Franchise shall not be sold, transferred, assigned or otherwise encumbered, without the prior written consent of the City, with such consent not being unreasonably withheld or delayed. No such consent shall be required, however, for a transfer in trust, by other hypothecation, or by assignment or any rights, title or interest in VERIZON's telecommunications system in order to secure indebtedness. Approval shall not be required for mortgaging purposes provided that the collateral pledged for any mortgage shall not include the assets of this franchise. Approval shall not be required for transfer from VERIZON to A. The rights, privileges, benefits, title, or interest provided by this Franchise shall not be sold, transferred, assigned or otherwise encumbered, without the prior written consent of the City, with such consent not being unreasonably withheld or delayed. No such consent shall be required, however, for a transfer in trust, by other hypothecation, or by assignment or any rights, title or interest in Franchisee's telecommunications system in order to secure indebtedness. Approval shall not be required for mortgaging purposes provided that the collateral pledged for any mortgage shall not include the assets of this franchise. Approval shall not be required for transfer from Franchisee to A. The rights, privileges, benefits, title, or interest provided by this Franchise shall not be sold, transferred, assigned or otherwise encumbered, without the prior written consent of the City, with such consent not being unreasonably withheld, conditioned, or Negotiated changes specific to Mobilitie Agreement delayed. No such consent shall be required, however, for a transfer in trust, by other hypothecation, or by assignment or any rights, title or interest in Mobilitie's Network in order to secure indebtedness. Approval shall not be required for mortgaging purposes provided that the collateral pledged for any mortgage shall not include the assets of this franchise. Approval shall not be required for any transfer from Mobilitie to an Affiliate or to any entity any another by, any another by, into which Mobilitie may be merged or person or entity controlling, controlled or VERIZON. person or entity controlling, controlled or Franchisee. consolidated or which purchases all or under common control with e •-.. - • - ' ' - - - under common control with Franchisee license fibers to substantially all of the assets of Mobilitie that _ _ the the City may othcr uscrs the the City that are subject to this Agreement. The parties users without consent of provided that VERIZON for without consent of provided Franchisee for the agree and acknowledge that, notwithstanding remains solely responsible the terms in this remains solely responsible terms in this Franchise anything in this Agreement to the contrary, and conditions outlined Franchise Agreement. and conditions outlined Agreement. certain Facilities deployed by Mobilitie in the Public Rights -of -Way pursuant to this Agreement may be owned by Mobilitie's third - party wireless carrier customers ("Carriers") and installed and maintained by Mobilitie pursuant to license agreements between Mobilitie and such Carriers. Such Facilities shall be treated as Mobilitie's Facilities for all purposes under this Agreement and sublicensing shall not require the City's consent provided that: (i) Mobilitie remains responsible and liable for all performance obligations under the Agreement with respect to such Facilities; (ii) the City's sole point of contact regarding such Facilities shall be Mobilitie; and (iii) Mobilitie shall have the right to remove and relocate the Facilities. 18 Comparison of Small Cell Franchise Agreements Location Verizon Agreement AT&T/Cingular Agreement Mobilitie Agreement Discussion Section 10. Transfer of Ownership. B. In any transfer of this Franchise which requires the approval of the City, VERIZON shall show that the recipient of such transfer has the technical ability, financial capability, and any other legal or general qualifications as reasonably determined by the City to be necessary to ensure that the obligations and terms required under this Franchise Agreement can be met to the full satisfaction of the City. This Franchise may not be transferred without filing or establishing with the City the insurance certificates, security fund, and performance bond as required pursuant to this Franchise. The qualifications of any transferee shall be determined by a hearing before the City Council and the approval to such transfer shall be granted by resolution of the City Council. B. In any transfer of this Franchise which requires the approval of the City, Franchisee shall show that the recipient of such transfer has the technical ability, financial capability, and any other legal or general qualifications as reasonably determined by the City to be necessary to ensure that the obligations and terms required under this Franchise Agreement can be met to the full satisfaction of the City. This Franchise may not be transferred without filing or establishing with the City the insurance certificates, security fund, and performance bond as required pursuant to this Franchise. The qualifications of any transferee shall be determined by a hearing before the City Council and the approval to such transfer shall be granted by resolution of the City Council. B. In any transfer of this Franchise which requires the approval of the City, Mobilitie shall show that the recipient of such transfer has the technical ability, financial capability, and any other legal or general qualifications as reasonably determined by the City to be necessary to ensure that the obligations and terms required under this Franchise Agreement can be met to the full satisfaction of the City. This Franchise may not be transferred without filing or establishing with the City the insurance certificates, security fund, and performance bond as required pursuant to this Franchise. The qualifications of any transferee in a transfer that requires the Negotiated change specific to Mobilitie Agreement approval of the City shall be determined by a hearing before the City Council and the approval to such transfer shall be granted by resolution of the City Council. Section 11. Administrative Fees. A. Pursuant to the Revised Code of Washington (RCW), the City is precluded from imposing franchise fees for "telephone businesses" as defined in RCW 82.16.010, or "service provider" as defined in RCW 35.99.010, except that fees may be collected for administrative expenses related to such franchise. VERIZON does hereby warrant that its operations, as authorized under this Franchise Agreement, are those of a telephone business as defined in RCW 82.16.010 or a service provider as defined in 35.99.010. A. Pursuant to the Revised Code of Washington (RCW), the City is precluded from imposing franchise fees for "telephone businesses" as defined in RCW 82.16.010, or "service provider" as defined in RCW 35.99.010, except that fees may be collected for administrative expenses related to such franchise or site specific charges pursuant to A. Pursuant to the Revised Code of Washington (RCW), the City is precluded from imposing franchise fees for "telephone businesses" as defined in RCW 82.16.010, or "service provider" as defined in RCW 35.99.010, except that fees may be collected for administrative expenses related to such franchise or site specific charges pursuant to Negotiated change between Franchisees RCW 35.21.860(1)(e). Franchisee does RCW 35.21.860(1)(e). Mobilitie does hereby hereby warrant that its operations, as authorized under this Franchise Agreement, are those of a telephone business as defined in RCW 82.16.010 or a service provider as defined in 35.99.010. warrant that its operations, as authorized under this Franchise Agreement, are those of a telephone business as defined in RCW 82.16.010 or a service provider as defined in 35.99.010. Section 11. Administrative Fees. D. In the event VERIZON submits a request for work beyond the scope of this Franchise Agreement, or submits a complex project that requires significant comprehensive plan review or inspection, VERIZON shall reimburse the City for franchise amendments and reasonable expenses associated with the project. VERIZON shall pay such costs within 60 days of receipt of a bill from the City. D. In the event Franchisee submits a request for work beyond the scope of this Franchise Agreement, or submits a complex project that requires significant comprehensive plan review or inspection, Franchisee shall reimburse the City for franchise amendments and reasonable expenses associated with the project. Franchisee shall pay such costs within 30 days of receipt of a bill from the City. D. In the event Mobilitie submits a request for work beyond the scope of this Franchise Agreement, or submits a complex project that requires significant comprehensive plan review or inspection, Mobilitie shall reimburse the City for franchise amendments and reasonable expenses associated with the project. Mobilitie shall pay such costs within 30 days of receipt of a bill from the City. Negotiated change more beneficial to the City. 19 Comparison of Small Cell Franchise Agreements Location Verizon Agreement AT&T/Cingular Agreement Mobilitie Agreement Discussion Section 13. Indemnification A. VERIZON shall use reasonable and appropriate precautions to avoid damage to persons or property in the construction, installation, repair, operation, and maintenance of its structures and Facilities within the Franchise Area. VERIZON shall release, indemnify, defend, and hold the City harmless from all claims, actions or damages, including reasonable attorney's and expert witness fees, which may accrue to or be suffered by any person or persons, corporation or property to the extent caused in part or in whole by any act or omission of VERIZON, its officers, agents, servants or employees, carried on in the furtherance of the rights, benefits, and privileges granted to VERIZON by this Franchise. A. Franchisee shall use reasonable and appropriate precautions to avoid damage to persons or property in the construction, installation, repair, operation, and maintenance of its structures and Facilities within the Franchise Area. Franchisee shall release, indemnify, defend, and hold the City, its agents, employees, officers, officials, and A. Mobilitie shall use reasonable and appropriate precautions to avoid damage to persons or property in the Construction, installation, repair, operation, and maintenance of its structures and Facilities within the Franchise Area. Mobilitie shall release, indemnify, defend, and hold the City, its agents, employees, officers, officials, and Negotiated change to expand indemnification coverage. Typographical correction from "attorney's" to "attorneys - volunteers harmless from all claims, actions, volunteers harmless from all claims, actions, losses, or damages, including reasonable or damages, including reasonable attorneys' and expert witness fees, which may accrue to or be suffered by any person or persons, corporation, or property to the extent caused in part or in whole by any act or omission of Mobilitie, its officers, agents, servants, or employees, carried on in the furtherance of the rights, benefits, and privileges granted to Mobilitie by this Franchise. attorneys' and expert witness fees, which may accrue to or be suffered by any person or persons, corporation, or property to the extent caused in part or in whole by any act or omission of Franchisee, its officers, agents, servants, or employees, carried on in the furtherance of the rights, benefits, and privileges granted to Franchisee by this Franchise. Section 13. Indemnification B. To the extent of any concurrent negligence between VERIZON and the City, VERIZON's obligations under this paragraph shall only extend to its share of negligence or fault. The City shall have the right at all times to participate through its own attorney in any suit or action that arises out of any right, privilege, and authority granted by or exercised pursuant to this Franchise Agreement when the City determines that such participation is required to protect the interests of the City or the public. Such participation by the City shall be at the City's sole cost and expense. B. To the extent of any concurrent negligence between Franchisee and the City, Franchisee's obligations under this paragraph shall only extend to its share of negligence or fault. The City shall have the right at all times to participate through its own attorney in any suit or action which arises out of any right, privilege, and authority granted by or exercised pursuant to this Franchise Agreement when the City determines that such participation is required to protect the interests of the City or the public. Such participation by the City shall be at the City's sole cost and expense. B. To the extent of any concurrent negligence between Mobilitie and the City, Mobilitie's obligations under this paragraph shall only extend to its share of negligence or fault. The City shall have the right at all times to participate through its own attorney in any suit or action which arises out of any right, privilege, and authority granted by or exercised pursuant to this Franchise Agreement when the City determines that such participation is required to protect the interests of the City or the public. Such participation by the City shall be at the City's sole cost and expense. Grammatical correction from "that" to "which" Section 13. Indemnification C. With respect to the performance of this Franchise and as to claims made by VERIZON's employees against the City, its officers, agents and employees, VERIZON expressly waives its immunity under Title 51 of the Revised Code Washington, the Industrial Insurance Act for injuries to its officers, agents and 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 VERIZON's officers, agents or employees against the City. This waiver is mutually negotiated by the parties. C. With respect to the performance of this Franchise and as to claims against the City, its officers, agents and employees, Franchisee expressly waives its immunity under Title 51 of the Revised Code Washington, the Industrial Insurance Act for injuries to its officers, agents, and 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 Franchisee's officers, agents, or employees directly against the City, its C. With respect to the performance of this Franchise and as to claims against the City, its officers, agents and employees, Mobilitie expressly waives its immunity under Title 51 of the Revised Code Washington, the Industrial Insurance Act for injuries to its officers, agents, and 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 Mobilitie's officers, agents, or employees directly against the City, its officers, agents, Negotiated changes to expand indemnification coverage. Also extends the coverage of this clause beyond the termination of the Franchise Agreement. officers, agents, officials, employees, and officials, employees, and volunteers. This volunteers. This waiver is mutually negotiated waiver is mutually negotiated by the parties and the provisions of this section shall survive by the parties and the provisions of this 20 Comparison of Small Cell Franchise Agreements Location Verizon Agreement AT&T/Cingular Agreement Mobilitie Agreement Discussion section shall survive the expiration or the expiration or termination of this Franchise termination of this Franchise Agreement. Agreement. Section 16. Police Powers. B. Nothing in this Franchise Agreement shall be deemed to impose any duty or obligation upon the City to determine the adequacy or sufficiency of VERIZON's Facilities. City's approvals and inspections as provided herein are for the sole purpose of protecting the City's rights as the owner and/or manager of the Public Rights -of -Way and shall not constitute any representation or warranty, express or implied, as to the adequacy of the design or Construction of the Facilities or Telecommunications System, suitability of the Franchise area for Construction, or any obligation on the part of the City to insure that Work or materials are in compliance with any requirements imposed by a governmental entity. The City is under no obligation or duty to supervise the design, Construction, or operation of the Telecommunications System. B. Nothing in this Franchise shall be deemed to impose any duty or obligation upon the City to determine the adequacy or sufficiency of Franchisee's Facilities. City's approvals and inspections as provided herein are for the sole purpose of protecting the City's rights as the owner and/or manager of the Public Rights -of -Way and shall not constitute any representation or warranty, express or implied, as to the adequacy of the design or Construction of the Facilities or Telecommunications System, suitability of the Franchise Area for Construction, or any obligation on the part of the City to ensure that Work or materials are in compliance with any requirements imposed by a governmental entity. The City is under no obligation or duty to supervise the design, Construction, or operation of the Telecommunications System. B. Nothing in this Franchise shall be deemed to impose any duty or obligation upon the City to determine the adequacy or sufficiency of Franchisee's Facilities. City's approvals and inspections as provided herein are for the sole purpose of protecting the City's rights as the owner and/or manager of the Public Rights -of -Way and shall not constitute any representation or warranty, express or implied, as to the adequacy of the design or Construction of the Facilities or Network, suitability of the Franchise Area for Construction, or any obligation on the part of the City to ensure that Work or materials are in compliance with any requirements imposed by a governmental entity. The City is under no obligation or duty to supervise the design, Construction, or operation of the Network. Negotiated change from "Telecommunications System" to "Network" specific to Mobilitie Agreement Capitalization of "Area" to clarify that the area in question is specific to the franchise agreement, change throughout the AT&T and Mobilitie agreements Correction of typographical error from "insure" to "ensure" Section 17. Future Rules, Regulations and Specifications Section 17. Future Rules, Regulations and Specifications. VERIZON acknowledges that the City may develop rules, regulations and specifications, including a general ordinance or other regulations governing telecommunications operations in the City. Such regulations, upon written notice to VERIZON, shall thereafter govern VERIZON's hereunder; Section 17. Future Rules, Regulations, and Specifications. Franchisee acknowledges that the City may develop rules, regulations, and specifications, including a general ordinance or other regulations governing telecommunications operations in the City. Such regulations, upon written notice to Franchisee, shall thereafter govern Franchisee's activities hereunder. However, in no event shall regulations: 1. Materially interfere with or adversely affect Franchisee's rights pursuant to and in accordance with this Franchise Agreement; or 2. Be applied in a discriminatory manner as it pertains to Franchisee and other similar user of such facilities. Section 17. Future Rules, Regulations, and Specifications. A. Mobilitie acknowledges that the City may develop rules, regulations, and specifications, including a general ordinance or other regulations governing telecommunications operations in the City. Such regulations, upon written notice to Mobilitie, shall thereafter govern Mobilitie's activities hereunder. However, in no event shall regulations: 1. Materially interfere with or adversely affect Mobilitie's rights pursuant to and in accordance with this Franchise Agreement; or 2. Be applied in a discriminatory manner as it pertains to Mobilitie and other similar user of such facilities. Preference changes, intent unchanged activities provided, however, that in no event shall regulations: 1. materially interfere with or adversely affect VERIZON's rights pursuant to and in accordance with this Franchise Agreement; or 2. be applied in a discriminatory manner as it pertains to VERIZON and other similar user of such facilities. 21 Comparison of Small Cell Franchise Agreements Location Verizon Agreement AT&T/Cingular Agreement Mobilitie Agreement Discussion Section 19. Calculation of Time. Section 19. Calculation of Time. Except where a period of time refers to "business days," all periods of time referred to herein shall include Saturdays, Sundays, and legal holidays in the State of Washington, except that if the last day of any period falls on any Saturday, Sunday, or legal holiday in the State of Washington, the period shall be extended to include the next day which is not a Saturday, Sunday, or legal holiday in the State of Washington; provided that, the effective date shall be determined as provided in this Franchise Agreement. Section 19. Calculation of Time. Except where a period of time refers to "business days," all periods of time referred to herein shall include Saturdays, Sundays, and legal holidays in the State of Washington, except that if the last day of any period falls on any Saturday, Sunday, or legal holiday in the State of Washington, the period shall be extended to include the next day which is not a Saturday, Sunday, or legal holiday in the State of Washington; provided that, the Effective Date shall be determined as provided in this Franchise. Section 19. Calculation of Time. Except where a period of time refers to "business days," all periods of time referred to herein shall include Saturdays, Sundays, and legal holidays in the State of Washington, except that if the last day of any period falls on any Saturday, Sunday, or legal holiday in the State of Washington, the period shall be extended to include the next day which is not a Saturday, Sunday, or legal holiday in the State of Washington; provided that, the Effective Date shall be determined as provided in this Franchise. Use of "Effective Date" defined under Section 29 (see below) Section 20. Time Limits Strictly Construed. Section 20. Time Limits Strictly Construed. Whenever this Franchise Agreement sets forth a time for any act to be performed by VERIZON, such time shall be deemed to be of the essence, and any failure of VERIZON to perform within the allotted time may be considered a Default of this Franchise Agreement. Section 20. Time Limits Strictly Construed. Whenever this Franchise sets forth a time for any act to be performed by Franchisee, such time shall be deemed to be of the essence, and any failure of Franchisee to perform within the allotted time may be considered a Default of this Franchise. Section 20. Time Limits Strictly Construed. Whenever this Franchise sets forth a time for any act to be performed by Franchisee, such time shall be deemed to be of the essence, and any failure of Franchisee to perform within the allotted time may be considered a Default of this Franchise upon Negotiated change specific to Mobilitie Agreement expiration of applicable notice and cure periods. Section 25. Force Majeure. A. In the event VERIZON is prevented or delayed in the performance of any of its obligations herein due to circumstances beyond its control or by reason of a force majeure occurrence, such as, but not limited to, acts of God, acts of terrorism, war, riots, civil disturbances, natural disasters, floods, tornadoes, earthquakes, severe weather conditions, employee strikes and unforeseen labor conditions not attributable to VERIZON's employees, VERIZON shall not be deemed in Default of provisions of this Franchise Agreement. A. In the event Franchisee is prevented or delayed in the performance of any of its obligations herein due to circumstances beyond its control or by reason of a force majeure occurrence, such as, but not limited to: acts of God, acts of terrorism, war, riots, civil disturbances, natural disasters, floods, tornadoes, earthquakes, severe weather conditions, employee strikes, and/or unforeseen labor conditions not attributable to Franchisee or its employees, Franchisee shall . In the event Franchisee is prevented or delayed in the performance of any of its obligations herein due to circumstances beyond its control or by reason of a force majeure occurrence, such as, but not limited to: acts of God, acts of terrorism, war, riots, civil disturbances, natural disasters, floods, tornadoes, earthquakes, severe weather conditions, employee strikes, and/or unforeseen labor conditions not attributable to Franchisee or its employees, Franchisee shall not be deemed in Default of provisions of this Franchise. Negotiated changes not be deemed in Default of provisions of this Franchise. Section 25. Force Majeure. B. If VERIZON believes that circumstances beyond its control or by reason of a force majeure occurrence have prevented or delayed its compliance with the provisions of this Franchise Agreement, VERIZON shall provide documentation as reasonably required by the City to B. If Franchisee believes that circumstances beyond its control or by reason of a force majeure occurrence have prevented or delayed its compliance with the provisions of this Franchise, Franchisee shall provide documentation as required by the City to substantiate Franchisee's claim. Franchisee shall have a reasonable time, under the circumstances, to perform the affected obligation under this Franchise or to procure a substitute for such obligation which is satisfactory to the City; B. If Franchisee believes that circumstances beyond its control or by reason of a force majeure occurrence have prevented or delayed its compliance with the provisions of this Franchise, Franchisee shall provide documentation as required by the City to substantiate Franchisee's claim. Franchisee shall have a reasonable time, under the circumstances, to perform the affected obligation under this Franchise or to procure a substitute for such obligation which is satisfactory to the City; Negotiated change to remove "reasonably" Grammatical correction from "that" to "which" substantiate VERIZON's claim. VERIZON shall have a reasonable time, under the circumstances, to perform the affected obligation under this Franchise Agreement or to procure a substitute for such obligation that is satisfactory to the City; 22 Comparison of Small Cell Franchise Agreements Location Verizon Agreement AT&T/Cingular Agreement Mobilitie Agreement Discussion Section 26. Attorneys' Fees. Section 26. Attorneys' Fees. In the event a suit, action, arbitration, or other proceeding of any nature whatsoever, whether in contract or in tort or both, is instituted to enforce any word, article, section, subsection, paragraph, provision, condition, clause or sentence of this Franchise Agreement or its application to any person or circumstance, the prevailing Party shall be entitled to recover from the losing Party its reasonable attorneys, paralegals, accountants, Section 26. Attorneys' Fees. In the event a suit, action, arbitration, or other proceeding of any nature whatsoever, whether in contract or in tort or both, is instituted to enforce any word, article, section, subsection, paragraph, provision, condition, clause or sentence of this Franchise or its application to any person or circumstance, the prevailing Party shall be entitled to recover from the losing Party its reasonable attorneys', paralegals, accountants, Section 26. Attorneys' Fees. In the event a suit, action, arbitration, or other proceeding of any nature whatsoever, whether in contract or in tort or both, is instituted to enforce any word, article, section, subsection, paragraph, provision, condition, clause or sentence of this Franchise or its application to any person or circumstance, the prevailing Party shall be entitled to recover from the losing Party its reasonable attorneys', paralegals, accountants, Grammatical correction Section 29. Effective Date. Section 29. 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 five days after passage and publication as provided by law. Section 29. 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 five days after passage and publication as provided by law (the "Effective Date"). Section 29. 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 five days after passage and publication as provided by law (the "Effective Date"). Additional language further defines and clarifies previous usages of "the Effective Date" within the document 23 192 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, GRANTING A NON-EXCLUSIVE FRANCHISE TO NEW CINGULAR WIRELESS PCS, LLC, A DELAWARE LIMITED LIABILITY COMPANY, FOR THE PURPOSE OF CONSTRUCTING, OFE_RATING, AND MAINTAINING A TELECOMMUNICATIONS SYSI EM IN CERTAIN PUBLIC RIGHTS-OF-WAY IN THE CITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, New Cingular Wireless PCS, LLG, Delaware limited liability company, hereinafter referred to as "Franchisee" i a ?lecoml inications company that, among other things, provides personal wireless s,yrvicc ming data transmission, and other telecommunications services to customers in Cie Puget Sound region; and WHEREAS, Franchisee's desired route thrnugh the City of Tukwila, hereinafter referred to as "City," requires the use of certain portions of City rights-of-way for the installation, operation, and maintenance of a telecommunications system; and WHEREAS, the City Council has determined that the use of portions of the City's rights- of-way for installation of a telecommunications system is appropriate from the standpoint of the benefits to be derived by local business and the region as a result of such services; and WHEREAS, the City Cori}cil also recognizes that the use of public rights-of-way must be restricted to allow for the construction of amenities necessary to serve the future needs of the citizens of Tukwila and that the coordination, planning, and management of the City's rights-of-way is necessary to ensure that the burden of costs for the operations of non - municipal interests are not borne by the citizenry; and WHEREAS, the Revised Code of Washington (RCW) authorizes the City to grant and regulate non-exclusive franchises for the use of public streets, rights-of-way, and other public property for installation, operation, and maintenance of a telecommunications system and transmission of communications; W: Word Processing \Ordinances\New Cingular Wireless Franchise Agreement markup TIS to C W 6-27-18 CK.bjs:LH Page 1 of 23 193 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Definitions. For the purposes of this Franchise and the E-*-ittitsExih.ibit attached hereto, the following terms, words, phrases, and their derivations where capitalized shall have the meanings given herein. Terms not defined herein shall have the meaning given in Title 11 of the Tukwila Municipal Code. Terms not defined herein or in Title 11 of the Tukwila Municipal Code, shall have the meaning given pursuant to such federal statutes, rules, or regulations that apply to and regulate the services provided by the -Franchisee. Words not otherwise defined shall be given their common and ordinary meaning. B. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. The word "shall" is always mandatory. References to governmental entities (whether persons or entities) refer to those entities or their successors in authority. If specific provisions of law, regulation, or rule referred to herein are renumbered, then the reference shall be read to refer to the renumbered provision. C: 1. "Affiliate" when used in connection wall Franchisee means any Person who owns or controls, is owned or controlled by, or is under common ownership or control with Franchisee. 2. "Construct" shall mean ° ccs su u_}, reconstruct, install, reinstall, align, realign, locate, relocate, adjust, affix, attact ; eplace, repair, upgrade, monitor, maintain, use, relocate, remove, or support. 3. "Contractor" shGRll rn,- „ . itractor selected and engaged by Franchisee to Construct Facilities in t".- Riaht(s)-of-Way. E. 4. "Costs" shall t lean the actual, and documented costs incurred. 5. "Default" shall mean any failure of a Party to keep, observe, or perform any of its duties or obligations under this Franchise. G. 6. _"Design Document(s)" shall mean the plans and specifications for the construction of the Facilities meeting at least the minimum applicable general plan submittal requirements for engineering services plan review as set forth in the City's Infrastructure Design and Construction Standards 10,4L4 -7.4 -44 -Manual ('the "Standards"IL illustrating and describing the refinement of the design of the Telecommunications System Facilities to be Constructed, establishing the scope, relationship, forms, size, and appearance of the Facilities by means of plans, sections, and elevations, typical construction details, location, alignment, materials, and equipment layouts. The Design Documents shall include specifications that identify utilities, major material and systems, Public Right -of -Way improvements, restoration and repair, and establish in general their quality levels. 7. "Dispute" shall mean a question or controversy that arises between the Parties concerning the observance, performance, interpretation, or implementation of any W: Word Processing\Ordinances\New Cingular Wireless Franchise Agreement markup TIS to C.O.W. 6-27-18 CK bis.LH Page 2 of 23 194 of the terms, provisions, or conditions contained in this Franchise or the rights or obligations of either Party under this Franchise. 8. "Emergency" shall mean and refer to a sudden condition or set of circumstances that: (a) significantly disrupts or interrupts the operation of Facilities in the Public Rights -of -Way and Franchisee's ability to continue to provide services if immediate action is not taken;; or (b) presents an immediate threat of harm to persons or property if immediate action is not taken. 9. "Facility or Facilities" means any part or all of the facilities, equipment, and appurtenances of Franchisee whether underground or overhead and located within the Public Rights -of -Way as part of the Franchisee's Telecommunications System, including but not limited to, conduit, case, pipe, line, fiber, cabling, equipment, equipment cabinets and shelters, vaults, generators, backup power supplies, power transfer switches, cut-off switches, electric meters, conductors, poles, carriers, ,-trains, vents, guy wires, encasements, sleeves, valves, wires, supports, found. -pions, anchors, transmitters, receivers, antennas, and signage. 10. "Franchise" shall mean the grant, once &, 'epted, giving general permission to Franchisee to enter into and upon the Public Rights -of -Nay to use and occupy the same for the purposes authorized herein, all pursuant and subject to the terms and conditions as set forth herein. 11. "Law(s)" shall mean all present and future applicable laws, ordinances, rules, regulations, resolutions, environmental standar b, orders, decrees and requirements of all federal, state, and local governments. the departments, bureaus, or commissions thereof, or other governmental authoa ties, it r luding the City acting in its governmental capacity. References to Laws shalt k;=,_ in!,7- ~i-eted broadly to cover government actions, however nominated. 12. "Party(ies)" shall mean either the City or the Franchisee or both. 13. "Permit" means a permit issued under the regulatory authority of the City that provides specific requirements and conditions for Work to Construct Facilities within the Public Rights -of -Way and includes, but is not limited to: a construction permit, building permit, street excavation permit, barricade permit, and clearing and grading permit. 14. "Person" means and includes any individual, corporation, partnership, association, joint -stock -company, limited liability company, political subdivision, public corporation, taxing district, trust, or any other legal entity, but not the City or any Person under contract with the City to perform work in the Public Rights -of -Way. 15. "Public Right(s)-of-Way" shall mean the surface of, and the space above and below, any public street, highway, freeway, bridge, land path, alley, court, boulevard, sidewalk, way, lane, public way, drive, circle, or other areas designated for the public right- of-way, including; areas that have been accepted by the City for use as the public right-of- way and any easement now or hereafter held by the City within the corporate boundaries of the City as now or hereafter constituted for the purpose of public travel, and over which the City has authority to grant permits, licenses, or franchises for use thereof, or has regulatory W: Word Processing\Ordinances\New Cingular Wireless Franchise Agreement markup TIS to C.O.W 6-27-18 CK:bjs:LH Page 3 of 23 195 authority to thereover, excluding: railroad rights-of-way, airports, harbor areas, buildings, parks, poles, conduits, and excluding such similar facilities or property owned, maintained, or leased by the City in its proprietary capacity or as an operator of a utility. 16. "Public Works Director" shall mean the Public Works Director for the City or their designee, or such officer or person who has been assigned the duties of pi -hl -i -e d .o orPubiic Works Director or their designee. 1, 17. "Service" or "Services" shall mean the service or services authorized to be provided by the -Franchisee under the terms and conditions of this Franchise. S: 18. "Telecommunications System" shall mean all necessary Facilities to establish a small cell network located in, under, and above City owned Public Rights -of -Way for the provision of personal wireless services, including: commercial mobile services, unlicensed wireless services, and common carrier wireless xchange access services. Telecommunications System shall not mean or include i acilities owned or used by Franchisee for the provision of cable television services v,r:o programming, or services other than personal wireless services, including ownership, op._ 'ation, and/or managing of a dark fiber network. T: 19. "Work" shall mean any and air activities of -the Franchisee, or its officers, directors, employees, agents, contractors, subcontractors, volunteers, invitees, or licensees, within the Public Rights -of -Way to Construct the Facilities. Section 2. Non-exclusive Franchise Granted. A. The City hereby grants t.j Franchisee, subject to the conditions prescribed in this ordinance ("Franchise Agrees Hent"), the franchise rights and authority to Construct and operate its Facilities necessary for a Telecommunications System within the City -owned Public Rights -of -Way, generally described as those Public Rights -of -Way within the present and future boundaries of the City and hereinafter referred to as the "Franchise Area" B.- The foregoing franchise rights and authority ("Franchise") shall not be deemed to be exclusive to Franchisee and shall in no way prohibit or limit the City's ability to grant other franchises, permits, or rights along, over, or under the areas to which this Franchise has been granted to Franchisee; provided, that such other franchises do not unreasonably interfere with Franchisee's exercise of franchise rights granted herein as determined by the City. This Franchise shall in no way interfere with existing utilities or in any way limit, prohibit, or prevent the City from using the Franchise Area or affect the City's jurisdiction over such area in any way. C.- This Franchise Agreement merely authorizes Franchisee to occupy and use the Franchise Area. Nothing contained herein shall be construed to grant or convey any right, title, or interest in the Franchise Area to Franchisee. D.- City does not warrant its title or property interest in or to any franchise area nor undertake to defend franchisee in the peaceable possession or use of the franchise area. No covenant of quiet enjoyment is made. W Word Processing \Ordinances\New Lingular Wireless Franchise Agreement markup TIS to C.O.W 6-27-16 CK:bjs:LH 196 Page 4 of 23 Section 3. Authority. The Director of Public Works or designee is hereby granted the authority to administer and enforce the terms and provisions of this Franchise Agreement and may develop such lawful and reasonable rules, policies, and procedures as the Public Works Director deems necessary to carry out the provisions contained herein. Section 4. Franchise Term. The franchise rights granted herein shall remain in full force and effect for a period of ten..-(10years from the effective date of this ordinance. However, this Franchise Agreement shall not take effect and Franchisee shall have no rights under this Franchise Agreement unless a written acceptance with the City is received pursuant to Section 5 of this Agreement. _If Franchisee desires to renew this Franchise Agreement, it shall file a renewal application with the City between 180 days and 120 days prior to the expiration of the existing term. _In the event of such filing, the City may, at the City's sole discretion, extend the term of this Franchise Agreement for up to one year beyond the expiration date to allow processing tar renewal. _If the City elects to extend the term of this Franchise, written notice of thee' tension shall be provided to Franchisee prior to the Franchise expiration date. Section 5. Acceptance of Terms and Conditions. The • ill acceptance of this Franchise Agreement and all the terms and conditions shall be filed with the City Clerk within 30 days of the effective date of this ordinance in the form attached hereto as Exhibit A. Failure on the part of Franchisee to file said consent within 30 days of the effective date of this ordinance shall void and nullify any and all rights granted under this Franchise Agreement. Section 6. Construction Provisions and Standards. The following provisions shall be considered mandatory and failure to abide by any conditions described herein shall be deemed as non-compliance with the terms of this Franchise Agreement and may result in some or all of thy= penalties specified in Section 7. A - 1. Permit Required. No construction, maintenance, or repairs (except for emergency repairs) shall be undertaken in the Franchise Area without first obtaining appropriate permits from the City of Tukwila. In case of an emergency, Franchisee shall, within 24 hours of the emergency, obtain a permit from the City of Tukwila's Public Works Department. B- 2 Coordination. All capital construction projects performed by Franchisee within the Franchise Area shall be inspected by a City inspector. All work and inspection shall be coordinated with the Engineering Division of the Public Works Department to ensure consistency with City infrastructure, future C-atPublic Improvement Projects, all developer improvements, and pertinent codes and ordinances in effect on the date the permits and authorizations are issued for the affected Facilities. G- 3. Notice to the Public. Except in the case of an Emergency, the City retains the right to require -the Franchisee to notify the public prior to commencing any significant planned Construction that Franchisee reasonably anticipates will materially disturb or disrupt public property or have the potential to present a danger or affect the safety of the public generally. W. Word Processing\Ordinances\New Cingular Wireless Franchise Agreement markup TIS to C.O.W. 6-27-18 CK: bjs. LH Page 5 of 23 197 l- 4. Use of Public Rights -of -Way. Within parameters related to the City's role in protecting the public health, safety, and welfare and except as may be otherwise preempted by Law, the City may require that Facilities be installed at a particular time, at a specific place, or in a particular manner as a condition of access to the proposed Franchise Area and may deny access if Franchisee is not willing to comply with such requirements; and, may require removal of any Facility that is not installed in compliance with the Standards provided in this Franchise or which is installed without prior City approval of the time, place, or manner of installation. E. 5. Construction Standards. Any construction, installation, maintenance and restoration activities performed by or for Franchisee within the Franchise Area shall be constructed and located so as to produce the least amount of interference with the free passage of pedestrian and vehicular traffic and the rights and reasonable convenience of property owners, businesses, and residents along the Public Rights -of -Way. All construction, installation, maintenance, and restoration activities shall be conducted such that they conform to the City's development guidelines and standards in effect on the date the permits and authorizations are issued for the affected Facilities and comply with Title 11 of the Tukwila Municipal Code. Franchisee's Facilities shall be designed, located, aligned, and constructed so as not to disturb or impair the use or 'Jperation of any street improvements, utilities, and related facilities of City or the City's existing lessees, licensees, permitees, franchisees, easement benefic;iaries, or lien holders, without prior written consent of City or the parties whose improver,nts are interfered with and whose consent is required pursuant to agreements with the city existing prior to the Effective Date. 6. Duty to Restore. I, a. Franchisee shall, after completion of construction of any Ra-r-typart of its Telecommunications System, leave the Public Rights -of -Way and other property disturbed nearby, in as good or better condition in all respects as it was in before the commencement of such Construction. Franchisee agrees to promptly complete restoration work to the reasonable satisfaction of the City and in conformance with City standards. 2: b. If Franchisee's Work causes unplanned, unapproved, or unanticipated disturbance or alteration or damage to Public Rights -of -Way or other public property, it shall promptly remove any obstructions therefrom and restore such Public Rights -of -Way and public property to the satisfaction of the City and in accordance with City Standards. c. If weather or other conditions do not allow the complete restoration required, Franchisee shall temporarily restore the affected Public R g4 4Rights-of-Way or public property. Franchisee shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration. G— 7. Notice._ If Franchisee's Work causes unplanned, unapproved, or unanticipated disturbance or damage to Public Rights -of -Way or other public or private property, The Franchisee shall promptly notify the property owner within twe+ ty-four (24), hours. W' Word Processing\Ordinances\New Cingular Wireless Franchise Agreement markup TIS to CD W. 6-27-18 CK:bis LH 198 Page 6 of 23 M: 8. Warranty._ Franchisee shall warrant any restoration work performed by Franchisee in the Public Rights -of -Way or on other public property for tense -(2) years, unless a longer period is required by applicable City Standards. If restoration is not satisfactorily and timely performed by the -Franchisee, the City may, after prior notice to the Franchisee, or without notice where the disturbance or damage may create an imminent risk to public health or safety, cause the repairs to be made and recover the actual, and documented cost of those repairs from the -Franchisee. Within thir (30) days of receipt of an itemized list of those costs, including the costs of labor, materials and equipment, the -Franchisee shall pay the City. l- 9. Restoration of Private Property. When Franchisee does any Work in the Public Rights -:of -=Way that affects, disturbs, alters, or damages any adjacent private property, it shall, at its own expense, be responsible for restoring such private property to the reasonable satisfaction of the private property owner. J- 10. Stop Work. On notice from the City that any '/'Jork does not comply with the Franchise, the approved Design Documents for the \Nei I,: the Standards, or other applicable Law, or is being performed in an unsafe Lir dangeru'.s manner as determined by the City, the non-compliant Work may immedietely be stoppe by the City. The stop work order shall be in writing, given to the Per: on doing the Work and be posted on the Work site, indicate the nature of the alleged viol ttirrn or unsafe condition and establish conditions under which Work may be re -limed. If 'o ordered, Franchisee shall cease and shall cause its contractors and subc< nila,e---,rs to e -ase such activity until the City is satisfied that Franchisee is in compliance If e 'tfe condition is found to exist, the City, in addition to taking any other action ; s rmitted under applicable Law, may order Franchisee to make the necessary repairs e 'd alterations specified therein forthwith to correct the unsafe condition by a time tha City establishes in its discretion. The City has the right to inspect, repair, and conect the unsafe condition if Franchisee fails to do so, and to reasonably charge Franchisee for the actual and documented costs incurred to perform such inspection, repair, or correction. Payment by Franchisee will be made within thirty (30), days following receipt of written notice including itemized invoice and supporting documentation evidencing such cost. The authority and remedy set forth herein in this section is in addition to, and not a substitute for, any authority the City may otherwise have to take enforcement action for violation of City Codes or Standards. , 11. Alteration. Except as may be shown in the Design Documents approved by the City or the records drawings, or as may be necessary to respond to an Emergency, Franchisee and Franchisee's contractors and subcontractors may not make any material alterations to the Franchise Area without the City's prior written consent, which consent shall not be unreasonably withheld. The parties acknowledge that nothing in this AAgre-emehtaoreele' nt limits the City's rights under applicable federal, state, and local laws to regulate the placement and appearance of Franchisee's Facilities in the Franchise Area. Material alteration shall include, but not be limited to: a change in the dimension, height, location, or placement of the Facilities. If Franchisee desires to change either the location of any Facilities or otherwise materially deviates from the approved design of any of the Facilities, Franchisee shall submit such change to the City in writing for its approval. Franchisee shall have no right to commence any such alteration until after Franchisee has received the City's approval of such change in writing. Under no circumstance shall W. Word Processing\Ordinances\New Cingular Wireless Franchise Agreement markup TIS to C.O.W 6-27-18 CK.bjs:l.N Page 7 of 23 199 Franchisee permanently affix anything in the Franchise Area that inconveniences the public use of the right of way or adversely affects the public health, safety, or welfare. 12. Underground Installation Required. All telecommunications cables and junction boxes or other vaulted system components shall be installed underground consistent with the requirements of Tukwila Municipal Code §Section 11.32.090(B), unless otherwise exempted from this requirement, in writing, by the Public Works Director, provided, however, this requirement shall not apply to the Facilities that are required to remain above ground in order to be functional. M.- 13. Relocation. 4 a. The City shall have the right to require Franchisee to alter, adjust, relocate, re -attach, secure, or protect in place its Facilities within the public right-of-way when reasonably necessary for construction, alteration, repair, or improvement of any portion of the p#, right&Public Ricl s-of-w-ayWay for purposes of public welfare, health, or safety ("Public Improvements"). Such Public Improvements include, but are not limited to: p-ub- _ Public Rights-of-wayWay construction; put -4c rig t-sPublic Rights-of- w-ayWay. repair (including resurfacing or widenings: change of r-rigilt6Pubiic Rights- of-wayWay grade; construction, installation, or repair of sewers, drains, water pipes, power lines, signal lines, communication lines, or arty other type of government-owned communications, utility or public transportation systems, public work, public facility, or improvement of any government-owned utility; p -u -E rightoPublic Rights of-wayWay vacation, and the construction of any public improvement or structure by any governmental agency acting in a governmental capacity. In the event the City requires Franchisee to relocate its Facilities, the City shall provide Franchisee with written notice requesting such relocation along with plans for the public improvement that are sufficiently complete to allow for the initial evaluation, coordination, and the development of a relocation plan. The City and Franchisee shall meet at a time and location determined by the City to discuss the project requirements including critical timelines, schedules, construction standards, utility conflicts, as -built requirements, and other pertinent relocation plan details The City shall notify Franchisee as soon as practicable of the need for relocation and shall specify the date by which relocation shall be completed. Except in case of emergency such notice shall be no less than ety -(90) days. 2 b. To ensure timely execution of relocation requirements, Franchisee shall, upon written request from the City, provide at Franchisee's expense, base maps, current as -built information, detailed relocation plan (including detailed schedule of relocation activities, identification of critical path, identification of Facilities, and relocation procedures), and other design, technical, or operational requirements within the ti-rne#f-ar etime frame specified by the City. 3 c. Franchisee may, after receipt of written notice requesting a relocation of its Facilities, submit to the City written alternatives to such relocation within the time specified by the City. Such alternatives shall include the use and operation of temporary Facilities in adjacent rights-of-way. The City shall evaluate such alternatives and advise Franchisee in writing if one or more of the alternatives are suitable to accommodate the work, which would otherwise necessitate relocation of the Facilities. If requested by the W: Word Processing\Ordinances\New Cingular Wireless Franchise Agreement markup TIS to COW 6-27-18 OK bjs LH Page 8 of 23 200 City, Franchisee shall submit additional information to assist the City in making such evaluation. The City shall give each alternative proposed by Franchisee full and fair consideration. In the event the City, in its sole discretion, decides not to accept the alternatives suggested by Franchisee, Franchisee shall relocate its Facilities as directed by the City. 4 d. Upon final approval of the relocation plan by the City, Franchisee shall, at its own expense, unless otherwise prohibited by statute, and at the time frame specified by the City, temporarily or permanently remove, relocate, place underground, change or alter the position of any Facilities or structures within the n }htPublic Rictht-of-wayWay whenever the City has determined that such removal, relocation, undergrounding, change, or alteration is reasonably necessary for the construction, repair, maintenance, installation, public safety, or operation of any public improvement in or upon the +r ght-sPublic Riphts-of-w-ay,Way. In the event relocation is required by reason of construction by a third party, non-governmental entity, for Ohe sole benefit of the third party, non-governmental entity then Franchisee's relocprion costs shall be borne by the third party. 6 e. If during the construction, repair, or maintenal e of the City's public improvement project an unexpected conflica occur-: from Franchisee's Facilities, Franchisee shall, upon notification from the City, gond within 24 hours to resolve the conflict. 6 f. Franchisee acknowledges and understands that any delay by Franchisee in performing the work to alter, adjust, relocate, or protect in place its Facilities within the public rightoPublic Rights -of wayV Fav may delay, hinder, or interfere with the work performed by the City and its contras, :yrs and subcontractors in furtherance of construction, alteration, repair, or improvement of the public rightoPublic Rights-of- wayWay, and result in damage t the City, including but not limited to delay claims. Franchisee shall cool:erate ith E , -. City and its contractors and subcontractors to coordinate such relocation wog to accommodate the public improvement project and project schedules to avoid dela\ hindrance of, or interference with such project. 7- q. Should i-,::r.nisee fail, within thi-rt-(30) days of receipt of written notice from the City, to alter, adjust, protect in place, or relocate any Facilities ordered by the City to be altered, adjusted, protected in place, or relocated, within the time prescribed by the City, given the nature and extent of the work, or if it is not done to the City's reasonable satisfaction, the City may, to the extent the City may lawfully do so, cause such work to be done and bill the reasonable cost of the work to Franchisee, including all reasonable costs and expenses incurred by the City due to Franchisee's delay. _In such event, the City shall not be liable for any damage to any portion of Franchisee's system. In addition to any other indemnity set forth in this Franchise Agreement, Franchisee will indemnify, hold harmless, and pay the costs of defending the City from and against any and all claims, suits, actions, damages, or liabilities for delays on public improvement construction projects caused by or arising out of the failure of Franchisee to adjust, modify, protect in place, or relocate its Facilities in a timely manner; provided that, Franchisee shall not be responsible for damages due to delays caused by the City. W Word Processing\Ordinances\New Cingular Wireless Franchise Agreement markup TIS to C.O.W 6-27-18 CK bjs:LH Page 9 of 23 201 N. 14. Removal or Abandonment. Upon the removal from service of any service antennas or other associated structures, Facilities and/or amenities, Franchisee shall comply with all applicable standards and requirements prescribed by the City of Tukwila's Public Works Department for the removal or abandonment of said structures and Facilities. No fa ility ccr,ctr: ctcd.Facility Constructed or owned by Franchisee shall be abandoned without the express written consent of the City. 0. 15. Bond. Before undertaking any of the work, installation, improvements, construction, repair, relocation, or maintenance authorized by this Franchise Agreement, Franchisee shall, upon the request of the City, furnish one bond executed by Franchisee for all of its Facilities in the City's rights-of-way, in the amount of T'.•.,cnt'; Dc!icrc cam, , J� nn ["-'$25,000.00}-_ At Franchisee's sole option, Franchisee may provide alternate security in the form of an assignment of funds or a letter of credit, in the same amount as the bond. All forms of security shall be in Thies f_ i m reasonably acceptable to the City. The bond shall be conditioned so that Fr,;, s;'hisee shall observe all the covenants, terms, and conditions and shall faithfully perform ell of the obligations of this Franchise Agreement, and to -repair or replace any r'F1=ective Frei i-hisee work or materials discovered in the City's roads, streets, or proper'.,. P.- 16. "One -Call" Location and Liability. Franchisee shall subscribe to and maintain membership in the regional "One -Call" utility location service and shall promptly locate all of its lines upon request. The City shall not be liable for any damages to Franchisee's system components or for interruption: ; in service to Franchisee customers which are a direct result of work performed for any City project for which Franchisee has failed to properly locate its lines and Facilities within the prescribed time limits and guidelines established by One -Call. The City shall also not be liable for any damages to the Franchisee system components or for interruptions in service to Franchisee customers resulting from work performed under a permit issued by the City. Q. 17. As-Bui`t Plans Re,Auired. Franchisee shall maintain accurate engineering plans and details of a installati within the City limits and shall provide, at no cost to the City, such informatiu. ilk h .n paper form and electronic form using the most current AutoCAD version prior to ose-out of any permits issued by the City and any work undertaken by Franchisee pursuant to this Franchise Agreement. The City shall reasonably determine the acceptability of any as -built submittals provided under this section. 18. Recovery of Costs. Franchisee shall be subject to all permit fees associated with activities undertaken through the authority granted in this Franchise Agreement or under ordinances of the City in effect on the date the permits and authorizations are issued for the affected Facilities. Where the City incurs costs and expenses for review or inspection of activities undertaken through the authority granted in this Franchise Agreement or any ordinances relating to the subject for which permit fees have not been established, Franchisee shall pay such costs and expenses directly to the City. S. W Word Processing\Ordinances\New Cingular Wireless Franchise Agreement markup TIS to C.O.W. 6-27-18 CK:bjs LH Page 10 of 23 202 19. Taxes._ Nothing contained in this Franchise Agreement shall exempt Franchisee's obligation to pay any applicable utility tax, business tax, or ad valorem property tax, now or hereafter levied against real or personal property within the City, or against any local improvement assessment imposed on Franchisee. Any fees, charges, and/or fines provided for in the City Municipal Code or any other City ordinance, are separate from, and additional to, any and all federal, state, local, and City taxes as may be levied, imposed, or due from Franchisee. 20. Vacation. If, at any time, the City shall vacate any City road, right-of-way, or other City property which is subject to rights granted by this Franchise Agreement and said vacation shall be for the purpose of acquiring the fee or other property interest in said road, nghtPublic Ri,iht-of-w-ayWay, or other City property for the use of the City, in either its proprietary or governmental capacity, then the City may, at its option and by giving 60- days written notice to Franchisee, terminate this Franchise Agreement with reference to such City road, right-of-way, or other City property so vacated, and the City shall not be liable for any damages or loss to Franchisee by reason of such termination other than those provided for in RCW 35.99. Section 7. Franchise Compliance. A.- Franchise Violations. The failure by either the City or Franchisee (the "Defaulting Party") to fully comply with any of the provisions of this Franchise Agreement may result in a written notice from the other party (the "Non -Defaulting Party") that describes the violations of the Franchise Agreement and requests remedial action within 60 days of receipt of such notice. If the Defaulting Party has not attained full compliance at the end of the 60 -day period following receipt of the violation notification, the Non - Defaulting Party may; declar_. an immediate termination of this Franchise Agreement, provided that full compliance was reasonably possible within that 60 -day period.— B.- Emergency Actions, 1. If any of Franchisee's actions under this Franchise Agreement, or any failure by Franchisee to act to correct } situation caused by Franchisee, is reasonably deemed by the City to create a threat .,. life or property, financial harm, or cause a delay of the construction, repair or maintenance of the public improvement, the City may order Franchisee to immediately correct said threat, financial harm, or delay or, at the City's discretion, the City may undertake measures to correct said threat, financial harm or delay itself; provided that, when possible, the City shall notify Franchisee and give Franchisee an opportunity to correct within a specified time said threat, financial harm, or delay before undertaking such corrective measures. Franchisee shall be liable for all reasonable costs, expenses, and damages attributed to the correction of such an emergency situation as undertaken by the City to the extent that such situation was caused by Franchisee and shall further be liable for all reasonable costs, expenses, and damages resulting to the City from such situation and any reimbursement of such costs to the City shall be made within 30 days of written notice of the completion of such action or determination of damages by the City. The failure by Franchisee to take appropriate action to correct a situation caused by Franchisee and identified by the City as a threat to public or private safety or property, financial harm, or delay of the construction, repair, or maintenance of W: Word Processing\Ordinances\New Lingular Wireless Franchise Agreement markup TIS to C.O W 6-27-18 CK:bjs LH Page 11 of 23 203 the public improvement shall be considered a violation of the terms of this Franchise Agreement. 2. If, during construction or maintenance of Franchisee's Facilities, any damage occurs to an underground facility and the damage results in the release of natural gas or other hazardous substance or potentially endangers life, health, or property, Franchisee or its contractor shall immediately call 911 or other local emergency response number. C.- Other Remedies. Nothing contained in this Franchise Agreement shall limit the City's available remedies in the event of Franchisee's failure to comply with the provisions of this Franchise Agreement, to include but not limited to, the City's right to a lawsuit for specific performance and/or damages. D.- Removal of System. In the event this Franchise Agreement is terminated as a result of violations of the terms of this Franchise Agreement, Franchisee shall, at its sole expense, remove all system components and Facilitiesi! 60 days of such termination, provided that the City, at its sole option, may allow Fra,lchise o abandon its Facilities in place. E.- Receivership. At the option of the Co , si!';ect to applicable law and lawful orders of courts of competent jurisdiction, this I r.anchise may be revoked after the appointment of a receiver or trustee to take over and 'educt the business of Franchisee whether in a receivership, reorganization bankruptcy, or other action or proceeding, unless: 1. -__The receivership or trusteeship timely vacated; or 2. -_The receiver or trustee has tow -31y and fully complied with all the terms and provisions of this Franchise, and has remedied all defaults under the Franchise. Additionally, the receiver or trustee shall have executed an agreement duly approved by the court having jurisdiction, by which the receiver or trustee assumes and agrees to be bound by each and every term, provision, and limitation of this Franchise. Section 8. Insurance A.- Franchisee shall maintain liability insurance during the full term of this Franchise Agreement for personal injury and property damages which may arise from or in connection with operations or activities performed by or on the -Franchisee's behalf with the issuance of this Franchise. The Franchisee's maintenance of insurance as required by the Franchise Agreement shall not be construed to limit the liability of the -Franchisee to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. B.- Such required insurance shall include as additional insured, the City, its officers, officials, and employees as their interest may appear under this Franchise Agreement, excluding worker's compensation and employer's liability; shall apply as primary insurance; shall stipulate that no insurance affected by the City will be called on to contribute to a loss covered thereunder. W: Word Processing\Ordinances\New Cingular Wireless Franchise Agreement markup TIS to C O.W 6-27-18 CK:bis:LH Page 12 of 23 204 1. Commercial General Liability insurance shall be at least as broad as Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products -completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Franchisee's Commercial General Liability insurance shall provide limits of $-5,000,000 each occurrence; $-10,000,000 aggregate._ There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The Plic F--Rtit-yCity shall be included as an additional insured under the Permittee's Commercial General Liability insurance policy using ISO Additional Insured—State or Political Subdivisions—Permits CG 20 12 or a substitute endorsement providing at least as broad coverage. 2. Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Automobile Liability insurance shall have a combined single limit for bodily injury and property damage e --of $3,000,000 per accident. Coverage shall be at least as broad as Insurance Services Office (ISO) form CA 00 01. 3. Further, franchisee shall maintain Pollut:on Liability insurance (or Franchisee shall self -insure the same) covering losses cauc ua by pollution conditions that arise in connection with this Franchise. Franchisee's 9ruliution Liability insurance shall be written in an amount of $1,000,000 per loss, with an annual aggregate of $1,000,000. Pollution Liability insurance shall cover bodily injury property damage, cleanup costs, and defense, including costs and expenses incurred n the 'nvestigation, defense, or settlement of claims. 4. Insurance is to be r. cee .Kith :urers with a current A.M. Best rating of not less than A minus: VII. 5. Notwithstanding the foregoing, Licensee may, in its sole discretion, self insure any of the rFlaired insurance under the same terms as required by this Agr-e re-rtadreeme as long Franchisee or its affiliated parent maintains a net worth of at least TA =^ 44-~.:: "^'.1( $$200,000,000) as evidenced in its annual certified financials._ In !`le event Franchisee elects to self -insure its obligation under this Agreement to ir, the City as an additional insured, the following conditions apply: {f} a. the City shall promptly and no later than t-h+rty (30) days after notice thereof provide Franchisee with written notice of any claim, demand, lawsuit, or the like for which it seeks coverage pursuant to this Se-et+onsection and provide Franchisee with copies of any demands, notices, summonses, or legal papers received in connection with such claim, demand, lawsuit, or the like; (ii) b. the City shall not settle any such claim, demand, lawsuit, or the like without the prior written consent of Franchisee; and (-h G. the City shall fully cooperate with Franchisee in the defense of the claim, demand, lawsuit, or the like. W: Word Processing\Ordinances\New Cingular Wireless Franchise Agreement markup TIS to C,O.W 6-27-18 CK:bjs:LH Page 13 of 23 205 C.- Franchisee's contractors and subcontractors performing Work in the Public Rights -of -Way shall comply with such bond, indemnity, and insurance requirements as may be required by City code or regulations, or other applicable Law. Any contractors or subcontractors performing Work within the Public Rights -of -Way on behalf of the Franchisee shall be deemed servants and agents of -the Franchisee for the purposes of this Franchise and are subject to the same restrictions, limitations, and conditions as if the Work were performed by Franchisee. Franchisee shall be responsible for all Work performed by its contractors and subcontractors and others performing Work on its behalf as if the Work were performed by it, and shall ensure that all such Work is performed in compliance with this Franchise and other applicable laws, and shall be jointly and severally liable for all damages and correcting all damage caused by them. It is Franchisee's responsibility to ensure that contractors, subcontractors, or other Persons performing Work on Franchisee's behalf are familiar with the requirements of this Franchise and other applicable Laws governing the V.'ork performed by them. Notwithstanding the foregoing, neither Franchisee nor any of its contractors, subcontractors, or other Persons performing work on Franchisee's behalf shall be required to apply any new laws to existing Facilities unless rec.uired by law. D. The Franchisee shall provide the City w:th written notice of any required policy cancellation at least 30 days prior to the effective date of such cancellation if such coverage is not replaced. Failure on the part of Franchisee to maintain the insurance as required shall constitute a material breach of the Franchise, upon which the City may, after giving five business days' notice to Franchisee to correct the breach, immediately terminate the Franchise or, at its discretion, procute or renew such insurance and pay any and all premiums in connection therewit with any reasonable sums so expended to be repaid to the City on demand. Section 9. Other Permits and Approvals. Nothing in this Agreement shall relieve Franchisee from any obligation to obtain approvals or necessary permits from applicable federal, state and City authorities for all activities in the Franchise Area. Section 10. Transfer of Ownership. A.- The rights, privileges, benefits, title, or interest provided by this Franchise shall not be sold, transferred, assigned or otherwise encumbered, without the prior written consent of the City, with such consent not being unreasonably withheld or delayed. No such consent shall be required, however, for a transfer in trust, by other hypothecation, or by assignment or any rights, title or interest in Franchisee's telecommunications system in order to secure indebtedness. Approval shall not be required for mortgaging purposes provided that the collateral pledged for any mortgage shall not include the assets of this franchise. Approval shall not be required for any transfer from Franchisee to another person or entity controlling, controlled by, or under common control with Franchisee. Franchisee may license fibers to other users without the consent of the City provided that Franchisee remains solely responsible for the terms and conditions outlined in this Franchise Agreement. W Word Processing\Ordinances\New Cingular Wireless Franchise Agreement markup TIS to C,0 W. 6-27-18 CK:bjs.LH Page 14 of 23 206 B.- In any transfer of this Franchise which requires the approval of the City, Franchisee shall show that the recipient of such transfer has the technical ability, financial capability, and any other legal or general qualifications as reasonably determined by the City to be necessary to ensure that the obligations and terms required under this Franchise Agreement can be met to the full satisfaction of the City. _This Franchise may not be transferred without filing or establishing with the City the insurance certificates, security fund, and performance bond as required pursuant to this Franchise. _The qualifications of any transferee shall be determined by a hearing before the City Council and the approval to such transfer shall be granted by resolution of the City Council. Any reasonable administrative costs associated with a transfer of this Franchise that requires the approval of the City shall be reimbursed to the City within 30 days of such transfer. The transferee(s) shall thereafter be responsible for all obligations of Franchisee with respect to the Franchise; provided, that the transfer shall not in any respect relieve the Franchisee, or any of its successors in interest, of responsibility for acts or omissions, known or unknown, or the consequences thereof, if the acs or omissions occur before the time of the transfer. Section 11. Administrative Fees. A.- Pursuant to the Revised Code of Washington (RCW), the City is precluded from imposing franchise fees for "telephone businesses" as defined in RCW 82.116.010, or "service provider" as defined in RCW 35.99.010, except that fees may be collected for administrative expenses related to such franchise or site specific charges pursuant to ROW 35.21.860(1)(e), Franchisee does hereby warrant that its operations, as authorized under this Franchise Agreement. are those of a telephone business as defined in ROW 82.16.010 or a service provider as defined in 35.99.010. B.- Franchisee shall be subject Le one-time $5,000 administrative fee for reimbursement of costs ar,-.nciatc:d with the preparation, processing and approval of this Franchise Agreement rhest. -ostL •'hall include, but not be limited to, wages, benefits, overhead expenses equipment 'nd supplies associated with such tasks as plan review, site visits, meetings, I. iotiation and other functions critical to proper management and oversight of the City's rei't-of • ,ay. Administrative fees exclude normal permit fees as stipulated in Title 11 of e. Tukwila Municipal Code. Payment of the one-time administrative fee is due 30 days after notice of franchise approval. C.- The City reserves the right to exercise authority it has or may acquire in the future to charge a franchise fee as authorized by law and Franchisee shall in good faith endeavor to negotiate a reasonable Franchise fee or other fee if future law permits the City to charge a Franchise fee. However, the parties shall negotiate a site-specific charge acceptable to the parties for facilities for personal wireless services that meet one of the criteria in RCW 35.21.860(1)(e)(i)-(iii). Pursuant to RCW 35.21.860(1)(e), the City is not required to approve a use permit for the placement of a facility for personal wireless services that meets one of the criteria set forth in ROW 35.21.860(1)(e)(i)-(iii) absent such an agreement. W: Word Processing\Ordinances\New Cingular Wireless Franchise Agreement markup TIS to C O.W 6-27-18 CK bjs.LH Page 15 of 23 207 D.- In the event Franchisee submits a request for work beyond the scope of this Franchise Agreement, or submits a complex project that requires significant comprehensive plan review or inspection, Franchisee shall reimburse the City for franchise amendments and reasonable expenses associated with the project. _Franchisee shall pay such costs within 30 days of receipt of a bill from the City. E.- Failure by Franchisee to make full payment of bills within the time specified shall be considered sufficient grounds for the termination of all rights and privileges existing under this ordinance, utilizing the procedures specified in Section 7 of this ordinance. Section 12. Notices. Any notice to be served upon the City or Franchisee shall be delivered to the following addresses respectively: City of Tukwila Office of the City Clerk 6200 Southcenter Boulevard Tukwila WA 98188 rist ,-. -a he nnr ' .'tT,��aZa, �C.. x♦1+.v^, ......:. tlC[1..w '.e—. Email: TukwilaCitvClerkc tukwilawa.dov Phone: 206-433-1855 With a copy to: Public Works Director City of Tukwila 6300 Southcenter Boulevard Ste. 1 d Tukwila, WA 98188 FRANCHISEE New Cingular Wireless PCS, LLC Attn: Network Real Estate Administration Re: Cell Site # Tukwila Small Cells (WA) 575 Morosgo Drive NE Atlanta, GA 30324 With a copy to: New Cingular Wireless PCS, LLC Attn: AT&T Legal Dept — Network Operations Re: Cell Site #: Tukwila Small Cells (WA) 208 S. Akard Street Dallas, TX 75202-4206 Section 13. Indemnification. A.- Franchisee shall use reasonable and appropriate precautions to avoid damage to persons or property in the construction, installation, repair, operation, and maintenance W Word Processing\Ordinances\New Cingular Wireless Franchise Agreement markup TIS to C.O.W 6-27-18 CK bjS I -H Page 16 of 23 208 of its structures and Facilities within the Franchise Area. Franchisee shall release, indemnify, defend, and hold the City, its agents, employees, officers, officials, and volunteers harmless from all claims, actions, losses, or damages, including reasonable attorneys' and expert witness fees, which may accrue to or be suffered by any person or persons, corporation, or property to the extent caused in part or in whole by any act or omission of Franchisee, its officers, agents, servants, or employees, carried on in the furtherance of the rights, benefits, and privileges granted to Franchisee by this Franchise. In the event any claim or demand is presented to or filed with the City that gives rise to Franchisee's obligation pursuant to this section, the City shall within a reasonable time notify Franchisee thereof and Franchisee shall have a right, at its election, to settle or compromise such claim or demand. In the event any claim or action is commenced in which the City is named a party, and which suit or action is based on a claim or demand which gives rise to Franchisee's obligation pursuant to this section, the City shall promptly notify Franchisee thereof, and Franchisee shall, at its sole cost and expense, defend such suit or action by attorneys of its own election. In defense of such suitor action, Franchisee may, at its election and at its sole cost and expense, settle or compromise such suit or action. This section shall not be construed to require Franchisee -to: 1. protect and save the City harmless from any claims, ections or damages; 2. settle or compromise any claim, demand : uit or action; 3. appear in or defend any suit or action; or. 4. pay any judgment or reimburse the City' costs and expenses (including reasonable attorney's fees), to the extent such claim arises out of the negligence or intentional acts of the City, its employees, agents or independent contractors. B. To the extent of any •oncurrent negligence between Franchisee and the City, Franchisee's obligations under paragraph shall only extend to its share of negligence or fault. The City shall -e right at all times to participate through its own attorney in any suit or action ,. .ich arise. out of any right, privilege, and authority granted by or exercised pursuant this Franchise Agreement when the City determines that such participation is required protea the interests of the City or the public. Such participation by the City shall be at the City's sole cost and expense. C.- With respect to the performance of this Franchise and as to claims against the City, its officers, agents and employees, Franchisee expressly waives its immunity under Title 51 of the Revised Code Washington, the Industrial Insurance Act for injuries to its officers, agents, and 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 Franchisee's officers, agents, or employees directly against the City, its officers, agents, officials, employees, and volunteers. This waiver is mutually negotiated by the parties and the provisions of this section shall survive the expiration or termination of this Franchise Agreement. W Word Processing\Ordinances\New Cingular Wireless Franchise Agreement markup TIS to C O.W. 6-27-18 CK bjs LH Page 17 of 23 209 Section 14. Severability. If any section, sentence, clause, or phrase of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the City may elect to treat the portion declared invalid or unconstitutional as severable and enforce the remaining provisions of this ordinance; provided that, if the City elects to enforce the remaining provisions of the ordinance, Franchisee shall have the option to terminate the Franchise Agreement. Section 15. Reservation of Rights. A.- The parties agree that this Franchise Agreement is intended to satisfy the requirements of all applicable laws, administrative guidelines, rules, orders and ordinances in effect on the date the permits and authorizations are issued for the affected Facilities. Accordingly, any provision of this Franchise Agreement or any local ordinance that may conflict with or violate the law shall be invalid and unenforceable, whether occurring before or after the execution of this agreement +: being the intention of the parties to preserve their respective rights and remedie :: under the law, and that the execution of this Franchise Agreement does not conLitup u a waiver of any rights or obligations by either party under the law. B.- Nothing in this Franchise shall prevent the City from constructing sanitary or storm sewers; grading, changing grade, paving, r+r:paiiing, widening, or otherwise altering any Public Rights -of -Way; laying down, repairing ci removing water mains; or installing conduit or fiber optic cable. Section 16. Police Powers. A. Nothing contained herein shill be deemed to affect the City's authority to exercise its police powers. Franchisee shall not by this Franchise Agreement obtain any vested rights to use any portion of the City Rights -of -Way except for the locations approved by the City ar a t. n only subject to the terms and conditions of this Franchise Agreement. This Fr anchise ,z.greeiTlent and the permits issued thereunder shall be governed by applic: d ,le City or ±inances in effect at the time of application for such permits. B. Nothing in this Frar:.arise shall be deemed to impose any duty or obligation upon the City to determine the adequacy or sufficiency of Franchisee's Facilities. City's approvals and inspections as provided herein,- are for the sole purpose of protecting the City's rights as the owner and/or manager of the Public Rights -of -Way and shall not constitute any representation or warranty, express or implied, as to the adequacy of the design or Construction of the Facilities or Telecommunications System, suitability of the Franchise Area for Construction, or any obligation on the part of the City to ensure that Work or materials are in compliance with any requirements imposed by a governmental entity. The City is under no obligation or duty to supervise the design, Construction, or operation of the Telecommunications System. W Word Processing\Ordinances\New Cingular Wireless Franchise Agreement markup TIS to C O.W 6-27-18 CK.bjs'LH Page 18 of 23 210 Section 17. Future Rules, Regulations, and Specifications. Franchisee acknowledges that the City may develop rules, regulations, and specifications, including a general ordinance or other regulations governing telecommunications operations in the City. Such regulations, upon written notice to Franchisee, shall thereafter govern Franchisee's activities hereunder. However, in no event shall regulations: A:- 1. Materially interfere with or adversely affect Franchisee's rights pursuant to and in accordance with this Franchise Agreement; or 8— 2. Be applied in a discriminatory manner as it pertains to Franchisee and other similar user of such facilities. Section 18. ..�.. ........ c ...etc.. .J .. .t5 �. Scot?^' 4.1'. Entire Agreement. This Franchise contains all covenants and agreements between the City and -the Franchisee relating in ,y manner to the Franchise, use, and occupancy of the Public Rights -of -Way and f :her matters set forth in this Franchise. No prior agreements or understanding pertmllitL to the same, written or oral, shall be valid or of any force or effect and the covenants and ay 'ement of th+s-Franchisee shall not be altered, modified, or added to exc., pt in writing . +ned by the City and Franchisee and approved by the City in the sa.,H, manner as the original Franchise was approved. Section 2019. Calculation of Time. Except where a period of time refers to "business days," all periods of time referred to herein shall include Saturdays, Sundays, and legal holidays in the State of Washington, except that if the last day of any period falls on any Saturday, Sunday, or legal holiday in the State of Washington, the period shall be extended to include the next day which is not a Saturday, Sunday, or legal holiday in the State of Washington; provided that, the Effective Date shall be determined as provided in this Franchise Section 2420. Time Limits Strictly Construed. Whenever this Franchise sets forth a time for any act to be performe I by Franchisee, such time shall be deemed to be of the essence, and any failure of Franchisee to perform within the allotted time may be considered a Default of this Franchise. Section 2221. Joint Venture. It is not intended by this Franchise to, and nothing contained in this Franchise shall, create any partnership, joint venture, or principal -agent relationship or other arrangement between Franchisee and the City. Neither Party is authorized to, nor shall either Party act toward third Persons or the public in any manner that would indicate any such relationship. The Parties intend that the rights, obligations, and covenants in this Franchise and any collateral instruments shall be exclusively enforceable by the City and Franchisee, their successors, and assigns. No Person not a Party hereto, and no such Person shall have any right or cause of action hereunder, except as may be otherwise provided herein. Further, --the Franchisee is not granted any express or implied right or authority to assume or create any obligation or responsibility on behalf of or in the name of the City. However, nothing in this Ski section prevents an assignment as provided for in this Franchise. W Word Processing\Ordinances\New Cingular Wireless Franchise Agreement markup TIS to C.O W 6-27-18 CK bjstH Page 19 of 23 211 Section 2322. Binding Effect Upon Successors and Assigns. All of the provisions contained in this Franchise shall be binding upon the heirs, successors, executors, administrators, receivers, trustees, legal representatives, transferees, and assigns of the -Franchisee; and all privileges as well as any obligations and liabilities of the Franchisee shall inure to its heirs, successors, and assigns equally as if they were specifically mentioned wherever Franchisee is named herein. Section 2423. Waiver. No failure by either Party to insist upon the performance of any of the terms of this Franchise or to exercise any right or remedy consequent upon a Default thereof, shall constitute a waiver of any such Default or of any of the terms of this Franchise. None of the terms of this Franchise to be kept, observed, or performed by either Party, and no Default thereof, shall be waived, altered, or modified except by a written instrument executed by the injured Party. No waiver of any Default shall affect or alter this Franchise, but each of the terms of this Franchise shall continue in full force and effect with respect to any other then existing or subsequen' L'Jefault thereof. No waiver of any Default of the defaulting Party shall be implied from rai, . omission by the injured Party to take any action on account of such default if such Default -n' rsists or is repeated, and no express waiver shall affect any default other th2 , the defau; :-pecified in the express waiver and then only for the time and to the ext .:-it therein stated. One or more waivers by the injured Party shall not be construed as a ,vaivr- of the subsequent Default of the same covenant, term or conditions. Section 2524. Survival of Terms. Upon the expiration, termination, revocation, or forfeiture of the Franchise, the -Franchisee shall no longer have the right to occupy the Franchise Area for the purpose of providing services authorized herein. However, --he Franchisee's obligations uncle' this Franchise to the City shall survive the expiration, termination, revocation, or foifeiture*`^Pse rights according to its terms for so long as the -Franchisee's Telecommunications System or any part thereof shall remain in whole or in part in the Public Rights -of -Way, or until such time as the --Franchisee transfers ownership in all Facilities in the Franr.hise Area to the City or a third -Party, or until such time as the -Franchisee abandons said Facilities in place, all as provided herein. Said obligations include, but are not limited to: _Franchisee's obligations to indemnify, defend, and protect the City;; to provide insurance,_ to relocate its Facilities;; and to reimburse the City for its costs to perform Franchisee's work. Section 2-625. Force Majeure. A. In the event Franchisee is prevented or delayed in the performance of any of its obligations herein due to circumstances beyond its control or by reason of a force majeure occurrence, such as, but not limited to: acts of God, acts of terrorism, war, riots, civil disturbances, natural disasters, floods, tornadoes, earthquakes, severe weather conditions, employee strikes, and/or unforeseen labor conditions not attributable to Franchisee or its employees, Franchisee shall not be deemed in Default of provisions of this Franchise. W: Word ProcessinglOrdinances\New Cingular Wireless Franchise Agreement markup TIS to C.0 W. 6-27-18 CK.bjs:LH Page 20 of 23 212 B. If Franchisee believes that circumstances beyond its control or by reason of a force majeure occurrence have prevented or delayed its compliance with the provisions of this Franchise, Franchisee shall provide documentation as required by the City to substantiate the-Franchisee's claim. Franchisee shall have a reasonable time, under the circumstances, to perform the affected obligation under this Franchise or to procure a substitute for such obligation withwhich is satisfactory to the City; provided that -The Franchisee shall perform to the maximum extent it is able to perform and shall take reasonable steps within its power to correct such cause(s) in as expeditious a manner as possible;i provided that -the Franchisee takes prompt and diligent steps to bring itself back into compliance and to comply as soon as possible under the circumstances with the Franchise without unduly endangering the health, safety, and integrity of tho Fro:-;ch oo'c arnni,-.,.coo ..,-.,. ct,' or +h„ k,- -.i+k s f-e-t , .,,1 ;rt.., r ty fh., Franchisee's employees or property, or the health, safety, and integrity of the public, Public Rights--of _Way, public property or private property. Section 2726. Attorneys' Fees. In the event--of a 'action, arbitration, or other proceeding of any nature whatsoever, whether in con, act of in tort or both, is instituted to enforce any word, article, section, subsection, p : agraph, pi :; rision, condition, clause or sentence of this Franchise or its applicatier, to any person, or circumstance, the prevailing Party shall be entitled to recover from rie losing Party its reasonable attore attomnays'. paralegals, accountants, and ,..Lher expert fees and all other fees, costs, and expenses actually incurred an ,:!asonably necessary in connection therewith, as allowed by Washington law and as determined by the judge or arbitrator at trial or arbitration, as the case may be, or on any appeal or review, in addition to all other amounts provided by Law. This provision shell cover costs and attorneys' fees related to or with respect to proceedings in Federal Bankruptcy Courts, including those related to issues unique to bankruptcy law. This provision shall not apply to the extent that the suit, action, arbitration, or other proceeding is brought to interpret any term, condition, provision, section, article, or clause of this Franchise. Section 2827. Venue. This Franchise shall be governed by; and construed in accordance with the laws of the State of Washington. Any action brought relative to enforcement of this Franchise, or seeking a declaration of rights, duties, or obligations herein shall be initiated in the Superior Court of King County, and shall not be removed to a federal court, except as to claims over which such Superior Court has no jurisdiction. Removal to federal court shall be to the Federal Court of the Western District of Washington. Section 2-928. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. W: Word Processing\Ordinances\New Cingular Wireless Franchise Agreement markup TIS to C.O.W. 6-27-18 CK:bjs.LH Page 21 of 23 213 Section 3029. 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 five days after passage and publication as provided by law.- (the "Effective Date' . PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2018. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with 1,11e City Clerk: Passed by thc ,ity Council: Pubikited: EF dive Date: Number: Attachments:— Exhibit A - Franchise Agreeme . AccLptance Form W: Word Processing\Ordinances\New Cingular Wireless Franchise Agreement markup TIS to C.O.W. 6-27-18 CK bjs:LH Page 22 of 23 214 Date: EXHIBIT A NEW CINGULAR WIRELESS PCS, LLC Acceptance Form City of Tukwila City Clerk's Office 6200 Southcenter Boulevard Tukwila WA 98188 Re: Ordinance No. , adopted on Dear City Clerk: In accordance with and as required by Section ' of City of Tukwila Ordinance No. , passed by the City Council and at ,:' ov: J by the Mayor on (the "Ordinance"), N Cingular Wireless, a Delaware limited liability company, hereby accepts 'he terms, cc, . -litions and obligations to be complied with or performed by it under the Ordin. Sincerely, NEW CINGULAR WIRELESS SCS LLL., a Delaware limited liabili+,�mp�- ,fir By: AT&T Mobility xporation By: Name: Title: Date: cc: Public Works Director, City of Tukwila, 6200 Southcenter Blvd, Tukwila, WA 98188 W: Word Processing\Ordinances\ew Cingular Wireless Franchise Agreement markup TIS to C O.W 6-27-18 CK:bjs LH Page 23 of 23 215 216 Transportation & infrastructure Committee Minutes June 25, 2018 C. Small Cell Technology Franchise Agreements with AT&T/New Cingular and Mobilitie. LLC Staff is seeking Council approval of franchise agreement ordinances with both AT&T/New Cingular *Wireless, PCS, LLC, and Mobilitie, LLC. Both are telecommunications companies currently in the stages of deploying small cell technology to expand wireless network capacity and the respective ordinances would grant permission for this deployment in the City's right-of-way. While the agreements represent negotiations with each company, the ordinances are substantially consistent with one another as well as with the Verizon Franchise Ordinance approved in February 2018. The agreements provide forthe City to charge site-specific charges prior to permit issuance as allowable by state law. Committee members asked clarifying questions. Staff mentioned that the ordinances in the Committee packet were not the most current and those would be provided before the Committee of the Whole. Councilmembers and staff discussed the need to balance meeting current technological needs and reducing visual clutter on poles throughout the City, and how the permitting process will play a role in this. Councilmember Quinn mentioned the importance of establishing criteria and looking at what neighboring jurisdictions are doing. Ms. Pellegrini, representing AT&T/New Cingular, offered to bring photo examples of different styles. Following discussion, the Committee requested the following information for the Committee of the Whole: • Table explaining differences between the AT&T, Mobilitie, and Verizon franchise agreements • First drafts of AT&T and Mobilitie agreements • Number and locations of City -owned and non -City owned poles UNANIMOUS APPROVAL WITH ADDITIONAL INFORMATION. FORWARD TO JULY 9, 2018 COMMITTEE OF THE WHOLE. D. Traffic Calming in Residential Neighborhoods Councilmembers commonly hear complaints about speeding and requests for traffic calming in neighborhoods and have requested forthe City to have a strong, defensible process for prioritizing and implementing requests. The Committee discussed and provided input on this topic multiple times in 2017, most recently focusing on data collection from the portable speed signs. The Police Department and Public Works recently attended a community meeting focused on speed and traffic concerns. Councilmember Quinn stated that he has previously requested that Council be notified and invited to participate in such community meetings and was disappointed to hear that didn't happen in this case. Staff acknowledged the oversight and will make sure Council is notified in the future. Staff mentioned that the City has applicable policy documents such as the Traffic Calming Program, Walk & Roll Plan, and the Residential Street Prioritization Study, but funding will continue to be a challenge. Staff plans to present the results of the data collected by the mobile signs at a future Committee meeting, as well as propose new funding for traffic calming and sidewalks for the 2019-2020 budget. Councilmember Quinn stated that a purely complaint -based system such as that outlined in the Traffic Calming Program does not typically result in equitable implementation. Complaints can factor in but all data should be evaluated, and the Council should be well informed considering its fiduciary authority. Council is very interested in data gathered by staff to compare with perceptions of concerned citizens who have spoken up regarding speeding. Mr. Ahmed asked about the status of safety improvements at Tukwila International Boulevard and South 141' Street, noting that Abu Bakr Islamic Center is willing to contribute. Staff has been unsuccessful in securing grants and will provide a status update at the next Committee meeting. RETURN TO COMMITTEE. 217 218 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by I Mayor's review 07/23/18 Council review 07/23/18 HH 1 =`,1j I c- 08/06/18 HH I I SPONSOR'S Mobilitie, LLC provides high capacity interexchange transport to telecommunications SUMMARY common carriers. Council is being asked to approve the new ordinance for the franchise agreement that will allow Mobilitie to deploy small cell technology to expand the capacity of its wireless network. Additional language has been added to insure safety, protect property, list insurance requirements, and require restoration to any property damaged, disturbed, or altered by Mobilitie. REVIEWED BY ❑ COW Mtg. ❑ CA&P Cmte ❑ F&S Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. DATE: 06/25/18 & 7/23/18 COMMITTEE CHAIR: THOMAS /4 Transportation Cmte ❑ Planning Comm. MCLEOD RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Public Works Department Unanimous approval; forward to Committee of the Whole 1 EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: Comments: ITEM INFORMATION ITEM No. 4.D. STAFF SPONSOR: HENRY HASH ORIGINAL AGENDA DATE: 07/23/18 AGENDA ITEM TITLE Ordinance Granting a Non -Exclusive Franchise Agreement with Mobilitie, LLC for Small Cell Technology CATEGORY ►1 Discussion 07/23/18 ❑ Motion Meg Date ❑ Resolution Meg Date r Ordinance ❑ Bid Award Mtg Date • Public Hearing ❑ Other Mtg Date Mtg Date Mtg Date 08/06/18 Meg Date SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R • Police ►1 PJV SPONSOR'S Mobilitie, LLC provides high capacity interexchange transport to telecommunications SUMMARY common carriers. Council is being asked to approve the new ordinance for the franchise agreement that will allow Mobilitie to deploy small cell technology to expand the capacity of its wireless network. Additional language has been added to insure safety, protect property, list insurance requirements, and require restoration to any property damaged, disturbed, or altered by Mobilitie. REVIEWED BY ❑ COW Mtg. ❑ CA&P Cmte ❑ F&S Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. DATE: 06/25/18 & 7/23/18 COMMITTEE CHAIR: THOMAS /4 Transportation Cmte ❑ Planning Comm. MCLEOD RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Public Works Department Unanimous approval; forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 07/23/18 08/06/18 MTG. DATE ATTACHMENTS 07/23/18 Informational Memorandum dated 07/20/18 Comparison documentation Ordinance Minutes from the Transportation & Infrastructure Committee meeting of 06/25/18 08/06/18 219 220 City of Tukwila Allan Ekberg, Mayor Public Works Department - Henry Hash, Director INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Committee FROM: Harry Hash, Public Works Director BY; Cyndy Knighton, Senior Program Manager CC: Mayor Ekberg DATE: July 20, 2018 SUBJECT: Ordinance — Mobilitie. LLC Small Cell Technology Franchise Agreement ISSUE Approve Ordinance for Mobilitie, LLC Franchise Agreement. BACKGROUND Mobilitie, headquartered in Nevada, is a telecommunications company that provides, among other things, high capacity interexchange transport to telecommunications common carriers. Mobilitie is currently in the stages of deploying small cell technology to expand the capacity of its wireless network. Staff has negotiated with Mobilitie to develop the attached draft Franchise Ordinance. ANALYSIS This Ordinance is consistent with the Verizon Franchise Ordinance approved by Council in February 2018 as well as the draft New Cingular Wireless Franchise Ordinance, which is also currently under consideration. The attached draft Franchise Ordinance establishes high-level, city-wide permission for New Cingular's deployment of small cell technology in the City's right-of-way. A Franchise Agreement establishes global requirements, expectations, and responsibilities between parties — essentially establishing the ground rules which both parties agree to follow. Regulatory requirements, a separate approval process from that of the franchise agreement, establish the physical standards and restrictions for specific installations. These requirements are enforced during the individual application review and are typically found in zoning and right-of-way code sections. Finally, pole use agreements are necessary to install small cell equipment on poles not owned by the Franchisee. In Tukwila, pole agreement will likely be with the City, Puget Sound Energy, or Seattle City Light. Information on how other Washington jurisdictions are approaching the new small cell technology was presented during the recent Association of Washington Cities conference in Yakima. An analysis of Mukilteo and Renton's recently enacted legislation, Tukwila's related current codes, and staff recommendations on changes to the Franchise Ordinance, if any, will be discussed at the meeting. FINANCIAL IMPACT Under the terms of the Franchise, Mobilitie will pay a $5,000 administrative fee within 30 days of franchise approval. Per RCW 35.21.860, cities may charge site-specific fees to providers of personal wireless services under certain circumstances before the City issues a use permit. This Franchise Ordinance tracks that statutory language and provides that Mobilitie and the City will determine applicable site-specific fees at the use permit stage for eligible facilities. RECOMMENDATION Council is being asked to approve the Ordinance that will grant a Franchise Agreement to Mobilitie, LLC for small cell technology and consider this item at the July 23, 2018 Committee of the Whole and subsequent August 6, 2018 Regular Meeting. Attachments: Draft Franchise Ordinance W:IPW EnOROJECTSurancldseSTelecamwOBUTmEUNFo MEMO Mobilitie Franchise AG Small Cells 072018.docx 221 222 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, GRANTING A NON-EXCLUSIVE FRANCHISE TO MOBILITIE, LLC, A NEVADA LIMITED LIABILITY COMPANY, FOR THE PURPOSE OF CONSTRUCTING, OPERATING, AND MAINTAINING SMALL CELLS IN CERTAIN PUBLIC RIGHTS-OF-WAY IN THE CITY; PROVIDING FOR SEVERABILIT''r`; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Mobilitie, LLC, a Nevada limited liability company, d/b/a Mobilitie, hereinafter referred to as "Mobilitie" or "Franchisee" is a telecommunications company that, among other things, provides high capacity interexchange transport to telecommunications common carriers, including data transmission, linkage to long distance carriers, and other telecommunications services to customers in the Puget Sound region; and WHEREAS, Mobilitie's desired route through the City of Tukwila, hereinafter referred to as "City," requires the use of certain portions of City rights-of-way for the installation, operation, and maintenance of Small Cells; and WHEREAS, the City Council has determined that the use of portions of the City's rights- of-way for installation of Small Cells is appropriate from the standpoint of the benefits to be derived by local business and the region as a result of such services; and WHEREAS, the City Council also recognizes that the use of public rights-of-way must be restricted to allow for the construction of amenities necessary to serve the future needs of the citizens of Tukwila and that the coordination, planning, and management of the City's rights-of-way is necessary to ensure that the burden of costs for the operations of non - municipal interests are not borne by the citizenry; and WHEREAS, the Revised Code of Washington (RCW) authorizes the City to grant and regulate non-exclusive franchises for the use of public streets, rights-of-way, and other public property for installation, operation, and maintenance of a fiber optic system and transmission of communications; W: Word Processing\Ordinances\Mobilitie Franchise Agreement markup TIS to COW, 6-28-18 CK.bjs LH Page 1 of 24 223 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Definitions, A. For the purposes of this Franchise and the FxhibitGExhibit attached hereto, the following terms, words, phrases, and their derivations where capitalized shall have the meanings given herein. Terms not defined herein shall have the meaning given in Title 11 of the Tukwila Municipal Code. Terms not defined herein or in Title 11 of the Tukwila Municipal Code, shall have the meaning given pursuant to such federal statutes, rules, or regulations that apply to and regulate the services provided by the -Franchisee. Words not otherwise defined shall be given their common and ordinary meaning. i, B. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. The word "shall" is always mandatory. References to governmental entities (whether persons or entities) refer to those entities or their successors in authority. If specific provisions of law, regulation, or rule referred to herein are renumbered, then the reference shall be read to refer to the renumbered provision. 1. "Affiliate" when used in conne3tion with Franchisee means any Person who owns or controls, is owned or controlled by, or is under common ownership or control with Franchisee. 2. "Construct" shall mean to construct, reconstruct, install, reinstall, align, realign, locate, relocate, adjust, affix, attach, replace, repair, monitor, maintain, use, relocate, remove, and/or support. �.r„st �y hail «saiat. i d ntoc n„ct ,r,-ocr 3. "Contractor" shall mean any contractor selected and engaged by Mobilitie to Construct Facilities in the Public Right(s)-of-Way. 4. "Costs 'gall mean the actual, and documented costs incurred. 5. "Defaultshall mean any failure of a Party to keep, observe, or perform any of its duties or obligations under this Franchise beyond applicable notice and cure periods. 6. "Design Document(s)" shall mean the plans and specifications for the Construction of the Facilities meeting at least the minimum applicable general plan submittal requirements for engineering services plan review as set forth in the City's Infrastructure Design and Construction Standards manual; (`the Standards"), illustrating and describing the refinement of the design of the Facilities to be Constructed, establishing the scope, relationship, forms, size, and appearance of the Facilities by means of plans, sections, and elevations, typical construction details, location, alignment, materials, and equipment layouts. The Design Documents shall include specifications that identify utilities, major material and systems, Public Right -of -Way improvements, restoration and repair, and establish in general their quality levels. We Word Processing \Ordinances\Mobilitie Franchise Agreement markup TIS to C.O.W, 6-28-18 CKebjs_ LH 224 Page 2 of 24 k4 7. "Dispute" shall mean a question or controversy that arises between the Parties concerning the observance, performance, interpretation, or implementation of any of the terms, provisions, or conditions contained in this Franchise or the rights or obligations or either Party under this Franchise. 8. "Emergency" shall mean and refer to a sudden condition or set of circumstances that: (a) significantly d+sr:tdisrupts or +nteptinterrupts the operation of Facilities in the Public Rights -of -Way and Franchisee's ability to continue to provide services if immediate action is not taken;:„ or (b) present an immediate threat of harm to persons or property if immediate action is not taken. ,, - 9. "Facility" or "Facilities" means any part or all of the facilities, equipment, and appurtenances of Franchisee whether underground or overhead and located within the Public Rights -of -Way as part of the Franchisee's Network, including but not limited to, radios, antennas, transmitters, wires, fiber optic cables, Small Cells, and other wireless transmission devices (collectively, "Transmission Media") attached, mounted, or installed on an existing utility pole located in the Public Rights -of -Way for the purpose of providing wireless, Wi-Fi, voice, data, messaging, or similar type of wireless service now or in the future offered to the public in general using spectrum radio frequencies, whether or not licensed by the Federal C :4Eca+:on-Communications Commission ("FCC")._ "Facility" or "Facilities" also means the control boxes, meters, electric meter pedestals, cables, conduit, power sources, poles and replacement poles and other equipment, structures, plant, and appurtenances between the Transmission Media and the point where the Facility terminates and interconnects with broadband backhaul transmission facilities. K: 10. "Franchise" shall mean the grant giving general permission to Franchisee to enter into and upon the Public Rights -of -Way to use and occupy the same for the purposes authorized herein, all p.irsuant and subject to the terms and conditions as set forth herein. 11. "Law(s)" shall mean all present and future applicable std constitutionslaws, ordinances, rules, regulations, resolutions, environmental standards, c! decieiet-t~ dm:;?istr ;tiva-orders, orders, decrees and requirements of the -City --all federal, state, and local governments, the departments, bureaus, or commissions thereof, or other governmental cgor cy 1-,...," -`g ; ztcdiotien ^""Y the "'4=-..i=including the City acting in its governmental capacity. References to Laws shall be interpreted broadly to cover government actions, however nominated. 11/1 12. "Network" shall mean collectively the network of Facilities Constructed by or for and managed by Mobilitie within the Public Rights -of -Way for the provision of the Services. N-: 13. "Party(ies)" shall mean either the City or the Franchisee or both. 14. "Permit" means a permit issued under the regulatory authority of the City that provides specific requirements and conditions for Work to Construct Facilities within the Public Riahts-of-Way and includes, but is not limited to: a construction permit, building permit, street excavation permit, barricade permit, and clearing and grading permit. W: Word Processing\Ordinances\Mobilitie Franchise Agreement markup TIS to C.O.W. 6-28-18 CK bjs' LH Page 3 of 24 225 15. "Person" means and includes any individual, corporation, partnership, association, joint -stock -company, limited liability company, political subdivision, public corporation, taxing district, trust, or any other legal entity, but not the City or any Person under contract with the City to perform work in the Public Rights -of -Way. 16. "Public Right(s)-of-Way" shall mean the surface of, and the space above and below, any public street, highway, freeway, bridge, land path, alley, court, boulevard, sidewalk, way, lane, public way, drive, circle, or other public right-of-way, including; any easement now or hereafter held by the City within the corporate boundaries of the City as now or hereafter constituted for the purpose of public travel, and over which the City has authority to grant permits, licenses, or franchises for use thereof, or has regulatory authority to thereover, excluding: railroad rights-of-way, airports, harbor areas, buildings, parks, poles, conduits, and excluding such similar facilities or property owned, maintained, or leased by the City in its proprietary capacity or as an operator of a utility. Q: 17. "Public Works Director" shall mean the Public Works Director for the City or their designee, or such officer or person who has been assigned the duties of } u•blie ^;.��„; . dT:-eeteFPublic Works Director or their designee, .;4,0 en mi# , , +'iI I, +h,,. r.rn. ,t . i+i•.n -;+a. f 4k.. +., 4-k.-,+ a iFin YnU:.+c IAJ, +r, n,r+,4,1a,4 e ill+i5,41,i,. 173''k"'` Dirk+n k'.4 h,,;I .,.-. nv ESC... ' . " oh. -,g � + Thr +i r is r{nfi,-.nrJ +hn C Ir, n rJ C+. -,+r, r, r`.- .1" I i C (` .117') (1 ')1 h. .4 ..k.,11 I ..I,. \Ari Ci .rtits,r�- .r, 4kn f,+1 n eNFfn rl +n 4hr .., .,-, �v ., Jir. f.- ..i, -,r .:h.,+h_-,r .. .-.+ li.,,-,r,,,,..-I l•,., +h.-. Cr`r` +.. y:...,...,.- ,. , -is=*.... _.. ..,.,.,r:,7 :,.>- = x. i -r -i -'r t I -J-:. 1M,..11.1.... ...........,5 .,. . ..r....,c., � ., .- . -..,., v +hn ,..,+nr.+ r,.,+ r.r..,.,rnr-J h., +hn 4rr,.r14,r.,-. 1• FX a ...n" r-k.-sI1 . n,. ir+,�1,4n 4k.. ..fFr.rir., ,' -.r 1,' a441; --“,,,k it Ohl.., r F +i r ri ..r,4n,-,+114,+ ( n �. +in, .4 .,k y, . .,., .. J •-•... .. .v ,. .. ....•........- .......e Lt.. ..... .. z.-..✓�.�. �T'T'Y.»'�T4v-.....,..,. .5, , • ',Ix ,. flan ..,i+k,-. .4 r .., ........ 5,.., ., .....J .-*'r�acc, ...... , �. ... ., ......,. .fir r.`. ..,. ,, .....�.,...' .. F..410rr. nf$.,r.-..1 +n +k,nt,r �kI ,. r.r,nrn! ..ni.-,r. r n+r.,m rn-'tin .-r.,.... ..., i. °'. ..:.... ,,. .�, ...... G%17-4',0+, "cop, od +kv Cir` 18. "Service" or "Services" shall mean the service or services authorized to be provided by Franchisee under the terms and conditions of this Franchise. 19. "Small Cell" shall mean the Facilities at a particular location that comprises part of the Network. -`_ 2.0. "Telecommunications System" shall mean all necessary Facilities to establish a small cell network located in, under, and above City owned Public Rights -of -Way for the provision of personal wireless services, including: commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services. Telecommunications System shall not mean or include Facilities owned or used by Franchisee for the provision of cable television services, video programming, or services W: Word Processing\Ordinances\Mobilitie Franchise Agreement markup TIS to C.O.W. 6-28-18 CK:bjs: LH 226 Page 4 of 24 other than personal wireless services. includina ownership, operation, and/or manaaina of a dark fiber network, iJ, 21. "Work" shall mean any and all activities of -the Franchisee, or its officers, directors, employees, agents, contractors, subcontractors, volunteers, invitees, or licensees, within the Public Rights -of -Way to Construct the Facilities. Section 2. Non-exclusive Franchise Granted. A. The City hereby grants to Mobilitie, subject to the conditions prescribed in this ordinance ("Franchise Agreement"), the franchise rights and authority to Construct and operate its Facilities necessary for a to!oocmm:.:n!occ c f:o:! t';Telecommunications System within the City -owned Public Rights -of -Way, generally described as that area within the present and future boundaries of the City and hereinafter referred to as the "Franchise Area". B. The foregoing franchise rights and authority ("Franchise") shall not be deemed to be exclusive to Mobilitie and shall in no way prohibit or limit the City's ability to grant other franchises, permits, or rights along, over, or under the areas to which this Franchise has been granted to Mobilitie; provided, that such other franchises do not unreasonably interfere with Mobilitie's exercise of franchise rights granted herein as determined by the City. This Franchise shall in no way interfere with existing utilities or in any way limit, prohibit, or prevent the City from using the Franchise Area or affect the City's jurisdiction over such area in any way. C. This Franchise Agreement merely authorizes Mobilitie to occupy and use the Franchise Area. Nothing contained herein shall be construed to grant or convey any right, title, or interest in the Franchise Area to Mobilitie. D. -City does not warrant its title or property interest in or to any franchise area nor undertake to defend franchisee in the peaceable possession or use of the franchise area. No covenant of quiet enjoyment is made. Section 3. Authority. The Director of Public Works or designee is hereby granted the authority to administer and enforce the terms and provisions of this Franchise Agreement and may develop such lawful and reasonable rules, policies, and procedures as the Public Works Director deems necessary to carry out the provisions contained herein. Section 4. Franchise Term. A. Term. The franchise rights granted herein shall remain in full force and effect for a period of te- 410) years from the effective date of this ordinance (the "Term"). However, this Franchise Agreement shall not take effect and Mobilitie shall have no rights under this Franchise Agreement unless a written acceptance with the City is received pursuant to Section 5 of this Agreement. _If Franchisee desires to renew this Franchise Agreement, it shall file a renewal application with the City between 180 days and 120 days prior to the expiration of the existing term. _In the event of such filing, the City may, at the City's sole discretion, extend the term of this Franchise Agreement for up to one year beyond the expiration date to allow processing of renewal. _If the City elects to extend the term of this W Word Processing\Ordinances\Mobilitie Franchise Agreement markup TIS to C O W 6-28-18 CK:bjs: LH Page 5 of 24 227 Franchise, written notice of the extension shall be provided to Franchisee prior to the Franchise expiration date. B. Termination by Mobilitie. Mobilitie may terminate this Agreement, either in its entirety or only as to Facilities installed at a particular location, for any reason or no reason in Mobilitie's sole discretion by providing th-i y-430). days' written notice to the City, in which case Mobilitie shall remove the subject Facilities or, with the approval of the City, abandon such Facilities in place. Section 5. Acceptance of Terms and Conditions. An acceptance of this Franchise Agreement and all the terms and conditions, in the form attached hereto as Exhibit A, shall be filed with the City Clerk within 30 days of the effective date of this ordinance. Failure on the part of Mobilitie to file said consent within 30 days of the effective date of this ordinance shall void and nullify any and all rights granted under this Franchise Agreement, and in such event this Agreement shall terminate: without further obligation to either party. Section 6. Construction Provisions and Standards. The following provisions shall be considered mandatory and failure to abide by any conditions described herein shall be deemed as non-compliance with the terms of this Franchise Agreement and may result in some or all of the penalties specified in Section 7. 1. Permit Required. No Construction, maintenance, or repairs (except for emergency repairs) shall be undertaken in the Franchise Area without first obtaining appropriate permits from the City of Tukwila, except in the case of an Emergency. In case of an Emergency, Mobilitie may proceed with Construction, maintenance, or repairs necessary to address the Emergency without first obtaining appropriate permits, but shall, within 24 hours of the Emergency, obtain a permit from the City of Tukwila's Public Works Department. Such 24-hour period shall be extended to accommodate the duration of any closure of the City of Tukwila's Public Works Department (for example, for a holiday or weekend). - 2. Coordination. All capital Construction projects performed by Mobilitie within the Franchise Area shall be inspected by a City inspector. All work and inspection shall be coordinated with the Engineering Division of the Public Works Department to ensure consistency with City infrastructure, future Public Improvement projects, all developer improvements, and pertinent codes and ordinances in effect on the date the permits and authorizations are issued for the affected Facilities. G 3. Notice to the Public. Except in the case of an Emergency, City retains the right to require -the Franchisee to notify the public prior to commencing any significant planned Construction that Franchisee reasonably anticipates will materially disturb or disrupt public property or have the potential to present a danger or affect the safety of the public generally. 4. Use of Public Rights -of -Way. Within parameters related to the City's role in protecting the public health, safety, and welfare and except as may be otherwise preempted by Law, the City may require that Facilities be installed at a particular time, at a specific place, or in a particular manner as a condition of access to the proposed W Word Processing \Ordinances\Mobilitie Franchise Agreement markup TIS to COW 6-28-18 CK:bjs: LH 228 Page 6 of 24 Franchise Area and may deny access except in compliance with such requirements; and, may require removal of any Facility that is not installed in compliance with the Standards provided in this Franchise or which is installed without prior City approval of the time, place, or manner of installation. ET 5. Construction Standards. Any Construction, installation, maintenance and restoration activities performed by or for Mobilitie within the Franchise Area shall be Constructed and located so as to produce the least amount of interference with the free passage of pedestrian and vehicular traffic and the rights and reasonable convenience of property owners, businesses, and residents along the Public Rights -of -Way. All Construction, installation, maintenance, and restoration activities shall be conducted such that they conform to the City's development guidelines and standards in effect on the date the permits and authorizations are issued for the affected Facilities and comply with Title 11 of the Tukwila Municipal Code. Franchisee's Facilities shall be designed, located, aligned, and Constructed so as not to disturb or impair the use or operation of any street improvements, utilities, and related facilities of City or the City's existing lessees, licensees, permitees, franchisees, easement beneficiaries, or lien holders, without prior written consent of City or the parties whose improvements are interfered with and whose consent is required pursuant to agreements with the City existing prior to the Effective Date. 6. Duty to Restore. 1-, a. Franchisee shall, after completiot of Construction of any part of its Network, leave the Public Rights -of -Way and other property disturbed nearby, in as good or better condition in all respects as it was in before the commencement of such Construction. Franchisee agrees to promptly complete restoration work to the reasonable satisfaction of the City and in conformance with City standards. b. If Franchisee's Work causes unplanned, unapproved, or unanticipated disturbance or alteration or damage to Public Rights -of -Way or other public property, it shall promptly remove any obstructions therefrom and restore such Public Rights -of -Way and public property to the satisfaction of the City and in accordance with City Standards. c. If weather or other conditions do not allow the complete restoration required, Franchisee shall temporarily restore the affected Public Rigi�tRights-of-Way or public property. Franchisee shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration. 6- 7. Notice._ If Franchisee's Work causes unplanned, unapproved, or unanticipated disturbance or damage to Public Rights -of -Way or other public or private property, the -Franchisee shall promptly notify the property owner within twenty fou (24) hours. 14, 8. Warranty._ Franchisee shall warrant any restoration work performed by Franchisee in the Public Rights -of -Way or on other public property for two (2 years, unless a longer period is required by applicable City Standards. If restoration is not W: Word Processing\Ordinances\Mobilitie Franchise Agreement markup TIS to C.O,W. 6-28-18 CK bis: LH Page 7 of 24 229 satisfactorily and timely performed by the -Franchisee, the City may, after prior notice to the Franchisee, or without notice where the disturbance or damage may create an imminent risk to public health or safety, cause the repairs to be made and recover the actual, and documented cost of those repairs from the -Franchisee. Within testy -{30} days of receipt of an itemized list of those costs, including the costs of labor, materials and equipment, the -Franchisee shall pay the City. - 9. Restoration of Private Property. When Franchisee does any Work in the Public Rights--f—:Way that affects, disturbs, alters, or damages any adjacent private property, it shall, at its own expense, be responsible for restoring such private property to its condition immediately prior to the affect, disturbance, alteration, or damage, to the reasonable satisfaction of the private property owner. 10. Stop Work. On notice from the City that any Work does not comply with the Franchise, the approved Design Documents for the Work, the Standards, or other applicable Law, or is being performed in an unsafe or dangerous manner as determined by the City, the non-compliant Work may immediately be stopped by the City. The stop work order shall be in writing, given to the Person doing the Work and be posted on the Work site, indicate the nature of the alleged violation or unsafe condition and establish conditions under which Work may be resumed If so .Drdered, Franchisee shall cease and shall cause its contractors and subcontractors tco cease such activity until the City is satisfied that Franchisee is in compliance. If an unsafe condition is found to exist, the City, in addition to taking any other action permitted under applicable Law, may order Franchisee to make the necessary repairs and alterations specified therein forthwith to correct the unsafe condition by a time the City establishes in its discretion. The City has the right to inspect, repair, and correct the unsafe condition if Franchisee fails to do so, and to reasonably charge Franchisee for the actual and documented costs incurred to perform such inspection, repair, or correction. Payment by Franchisee will be made within thi-rty— 30} days following receipt of written notice including itemized invoice and supporting documentation evidencing such cost. The authority and remedy set forth herein in this section is in addition to, and not a substitute for, any authority the City may otherwise have to take enforcement action for violation of City Codes or Standards. 11. Alteration. Except as may be shown in the Design Documents approved by the City or the records drawings, or as may be necessary to respond to an Emergency, Franchisee and Franchisee's contractors and subcontractors may not make any material alterations to the Franchise Area without the City's prior written consent, which consent shall not be unreasonably withheld. The parties acknowledge that nothing in this AgreemeTtagreement limits the City's rights under applicable federal, state, and local laws to regulate the placement and appearance of Franchisee's Facilities in the Franchise Area. Material alteration shall include, but not be limited to: a change in the dimension, height, location, or placement of the Facilities. If Franchisee desires to change either the location of any Facilities or otherwise materially deviates from the approved design of any of the Facilities, Franchisee shall submit such change to the City in writing for its approval. Franchisee shall have no right to commence any such alteration until after Franchisee has received the City's approval of such change in writing. Under no circumstance shall Franchisee permanently affix anything in the Franchise Area that has not been permitted by the City and/or that inconveniences the public use of the right of way or adversely W. Word Processing\Ordinances\Mobifitie Franchise Agreement markup TIS to C O W. 6-28-18 CK.bjs LH 230 Page 8 of 24 affects the public health, safety, or welfare. Notwithstanding the foregoing, alterations shall not be material and shall not be subject to additional permitting or City approval to the extent that: _(i) such modification to the attachment involves only substitution of internal components, and does not result in any change to the external appearance, dimensions, or weight of the attachment, as approved by the City; or (ii) such modification involves replacement of the attachment with an attachment that is the same, or smaller in weight and dimensions as the approved attachment. Mobilitie will notify the City of any such modification within fifteen 415) days after the modification is made. 12. Underground Installation Required. All telecommunications cables and junction boxes or other vaulted system components shall be installed underground when and to the extent required by Tukwila Municipal Code §Section 11.32.090(B), unless otherwise exempted from this requirement, in writing, by the Public Works Director, provided however, this requirement shall not apply to the Facilities that are required to remain above ground in order to be functional. 13. Relocation. a. The City shall have the right to require Mobilitie to alter, adjust, relocate, re -attach, secure, or protect in place its Facilities within the public right-of-way when reasonably necessary for construction, alteration, repair, or improvement of any portion of the Public "Rights -of _Way for purposes of public welfare, health, or safety ("Public Improvements"). Such Public Improvements include, but are not limited to: Public Rights -of -Way construction; Public Rights -of -Way repair (including resurfacing or widening); change of Public Rights -of -Way grade; construction, installation, or repair of sewers, drains, water pipes, power lines, signal lines, communication lines, or any other type of government-owned communications, utility or public transportation systems, public work, public facility, or improvement of any government-owned utility; Public Rights -of -Way vacation, and the construction of any public improvement or structure by any governmental agency acting in a governmental capacity. In the event the City requires Mobilitie to relocate its Facilities, the City shall provide Mobilitie with written notice requesting such relocation, along with plans for the Public Improvement that are sufficiently complete to allow for the initial evaluation, coordination, and the development of a relocation plan. The City and Mobilitie shall meet at a time and location determined by the City to discuss the project requirements including critical timelines, schedules, construction standards, utility conflicts, as -built requirements, and other pertinent relocation plan details. The City shall notify Mobilitie as soon as practicable of the need for relocation and shall specify the date by which relocation shall be completed. Except in case of emergency, such notice shall be no less than 90 days before the relocation is to be completed. b. To ensure timely execution of relocation requirements, Mobilitie shall, upon written request from the City, provide at Mobilitie's expense, base maps, current as -built information, detailed relocation plan (including detailed schedule of relocation activities, identification of critical path, identification of Facilities, and relocation procedures), and other design, technical, or operational requirements within the ti- aefranaetime frame specified by the City. W Word Processing\Ordinances\Mobilitie Franchise Agreement markup TIS to C.O,W 6-28-18 CK bjs: LH Page 9 of 24 231 3: c. Mobilitie may, after receipt of written notice requesting a relocation of its Facilities, submit to the City written alternatives to such relocation within the time specified by the City. Such alternatives shall include the use and operation of temporary Facilities in adjacent rights-of-way. The City shall evaluate such alternatives and advise Mobilitie in writing if one or more of the alternatives are suitable to accommodate the work, which would otherwise necessitate relocation of the Facilities. If requested by the City, Mobilitie shall submit additional information to assist the City in making such evaluation. The City shall give each alternative proposed by Mobilitie full and fair consideration. In the event the City, in its re rablesole discretion, decides not to accept the alternatives suggested by Mobilitie, Mobilitie shall relocate its Facilities as directed by the City. 4. d. Upon final approval of the relocation plan by the City, Mobilitie shall, at its own expense, unless otherwise prohibited by statute, and at the time frame specified by the City, temporarily or permanently remove, relocate, place underground, change or alter the position of any Facilities or structures within the Public Right -of -Way whenever the City has determined that such removal, relocation, undergrounding, change, or alteration is reasonably necessary for the construction, repair, maintenance, installation, public safety, or operation of any public improvement in or upon the Public RightRights- of-Way._ In the event relocation is required by reason of construction by a third party, non- governmental entity, for the sole benefit of the third party, non-governmental entity then Mobilitie's relocation costs shall be borne by the third party. e. If during the construction, repair, or maintenance of the City's Public Improvement project an unexpected conflict occurs from Mobilitie's Facilities, Mobilitie shall, upon notification from the City, respond within 24 hours to resolve the conflict f•.. ..,;-.1.-.el rnr inn"ins}h.-.i �A i��l;+� ,-.h-..PI h.-. i.iver. ,-.•-.�-..r. L.I.. r� r! ..F+iw. +.. r...,-..�i� .. .'`......A, ,,.. G rC �,... �., .., ....._ ... .., ., ..,�..., 6: f. Mobilitie acknowledges and understands that any delay by Mobilitie in performing the work to alter, adjust, relocate, or protect in place its Facilities within the Public Rights -of -Way may delay. hinder, or interfere with the work performed by the City and its contractors and subcontractors in furtherance of construction, alteration, repair, or improvement of the Public Rights -of -Way, and result in damage to the City, including but not limited to, delay claims. Mobilitie shall cooperate with the City and its contractors and subcontractors to coordinate such relocation work to accommodate the public improvement project and project schedules to avoid delay, hindrance of, or interference with such project. q. Should Mobilitie fail, within tIR 30} days of receipt of written notice from the City, to alter, adjust, protect in place, or relocate any Facilities ordered by the City to be altered, adjusted, protected in place, or relocated, within the time prescribed by the City, given the nature and extent of the work, or if it is not done to the City's reasonable satisfaction, the City may, to the extent the City may lawfully do so, cause such work to be done and bill the reasonable cost of the work to Mobilitie, including all reasonable costs and expenses incurred by the City due to Mobilitie's delay. _In such event, the City shall not be liable for any damage to any portion of Mobilitie's system. In addition to any other indemnity set forth in this Franchise Agreement, Mobilitie will indemnify, hold W: Word Processing\Ordinances\Mobilitie Franchise Agreement markup TIS to C.O.W. 6-28-18 CK:bjs LH 232 Page 10 of 24 harmless, and pay the costs of defending the City from and against any and all claims, suits, actions, damages, or liabilities for delays on public improvement construction projects caused by or arising out of the failure of Mobilitie to adjust, modify, protect in place, or relocate its Facilities in a timely manner; provided that, Mobilitie shall not be responsible for damages due to delays caused by the City. NI. 14. Removal or Abandonment. Upon the removal from service of any service antennas or other associated structures, Facilities and/or amenities, Mobilitie shall comply with all applicable standards and requirements prescribed by the City of Tukwila's Public Works Department for the removal or abandonment of said structures and Facilities. No Facility Constructed or owned by Mobilitie shall be abandoned without the express written consent of the City. 15, Bond. Before undertaking any of the work, installation, improvements, Construction, repair, relocation, or maintenance authorized by this Franchise Agreement, Mobilitie shall, upon the request of the City, furnish one bond executed by Mobilitie for all of its Facilities in the City's rights-of-way, in the amount of Twf.nty. FE',c Th^. usa^» el;cr3 r of — , 25,0{0.001,. At Franchisee's sole option, Franchisee may provide alternate security in the form of an assignment of funds or a letter of credit, in the same amount as the bond. All forms of security shall be in a form reasonably acceptable to the City. The bond shall be conditioned so that Mobilitie shall observe all the covenants, terms, and conditions and shall faithfully perform all of the obligations of this Franchise Agreement, and repair or replace any defective Mobilitie work or materials discovered in the City's roads, streets, or property. 16. "One-Call" Location and Liability. Mobilitie shall subscribe to and maintain membership in the regional "One-Call" utility location service and shall promptly locate all of its lines upon request The City shall not be liable for any damages to Mobilitie's system components or for interruptions in service to Mobilitie customers which are a direct result of work performed for any City project for which Mobilitie has failed to properly locate its lines and Facilities within the prescribed time limits and guidelines established by One-Call. The City shall also not be liable for any damages to the Mobilitie system components or for interruptions in service to Mobilitie customers resulting from work performed under a permit issued by the City. 17. As-Built Plans Required. Mobilitie shall maintain accurate engineering plans and details of all installations within the City limits and shall provide, at no cost to the City, such information in both paper form and electronic form using the most current AutoCAD version prior to close-out of any permits issued by the City and any work undertaken by Mobilitie pursuant to this Franchise Agreement. The City shall reasonably determine the acceptability of any as-built submittals provided under this section. L,T 18. Recovery of Costs. Mobilitie shall be subject to all permit fees associated with activities undertaken through the authority granted in this Franchise Agreement or under ordinances of the City in effect on the date the permits and authorizations are issued for the affected Facilities. Where the City incurs r conablo costs and expenses for review or inspection of activities undertaken through the authority granted in this Franchise Agreement or any ordinances relating to the subject for which W Word Processing\Ordinances\Mobilitie Franchise Agreement markup TIS to C O.W 6-28-18 CK bjs. LH Page 11 of 24 233 permit fees have not been established, Mobilitie shall pay such reasonable costs and expenses directly to the City. R- 19. Taxes._ Nothing contained in this Franchise Agreement shall exempt Franchisee's obligation to pay any applicable utility tax, business tax, or ad valorem property tax, now or hereafter levied against real or personal property within the City, or against any local improvement assessment imposed on Franchisee. Any fees, charges, and/or fines provided for in the City Municipal Code or any other City ordinance, are separate from, and additional to, any and all federal, state, local, and City taxes as may be levied, imposed, or due from Franchisee. -S: 20. Vacation. If, at any time, the City shall vacate any City road, right-of- way, or other City property which is subject to rights granted by this Franchise Agreement and said vacation shall be for the purpose of acquiring the fee or other property interest in said road, Public Right -of -Way, or other City property for the use of the City, in either its proprietary or governmental capacity, then the City may, at its option and by giving 9-9 60 days written notice to Mobilitie, terminate this Franchise Agreement with reference to such City road, right-of-way, or other City property so vacated, and the City shall not be liable for any damages or loss to Mobilitie by reason of such termination other than those provided for in RCW 35.99. Section 7. Franchise Compliance. A. Franchise Violations. The failure by Mobilitie to fully comply with any of the provisions of this Franchise Agreement may result in a written notice from the City that describes the violations of the Franchise Agreement and requests remedial action within 60 days of receipt of such notice. If Mobilitie has not attained full compliance at the end of the 60 -day period following receipt of the violation notification, the City may declare an immediate termination of all franchise rights and privileges, provided that full compliance was reasonably possible within that 60 -day period. B. Emergency Actions. 1. If any of Mobilitie's actions under this Franchise Agreement, or any failure by Mobilitie to act to correct a situation caused by Mobilitie, is reasonably deemed by the City to create a threat to life or property, financial harm, or cause a delay of the construction, repair or maintenance of the public improvement, the City may order Mobilitie to immediately correct said threat, financial harm, or delay or, at the City's discretion, the City may undertake measures to correct said threat, financial harm or delay itself; provided that, when possible, the City shall notify Mobilitie and give Mobilitie an opportunity to correct within a specified time said threat, financial harm, or delay before undertaking such corrective measures. Mobilitie shall be liable for all reasonable costs, expenses, and damages attributed to the correction of such an emergency situation as undertaken by the City to the extent that such situation was caused by Mobilitie and shall further be liable for all reasonable costs, expenses, and damages resulting to the City from such situation and any reimbursement of such costs to the City shall be made within 30 days of written notice of the completion of such action or determination of damages by the City. The failure by Mobilitie to take appropriate action to correct a situation caused by Mobilitie and identified by the City as a threat to public or private safety or property, W Word Processing\Ordinances\Mobilitie Franchise Agreement markup TIS to COW. 6-28-18 CK:bjs: LH 234 Page 12 of 24 financial harm, or delay of the construction, repair, or maintenance of the public improvement shall be considered a violation of the terms of this Franchise Agreement. 2. If, during Construction or maintenance of Mobilitie's Facilities, any damage occurs to an underground facility and the damage results in the release of natural gas or other hazardous substance or potentially endangers life, health, or property, Mobilitie or its contractor shall immediately call 911 or other local emergency response number. C. Other Remedies. Nothing contained in this Franchise Agreement shall limit the City's available remedies in the event of Mobilitie's failure to comply with the provisions of this Franchise Agreement, to include but not limited to, the City's right to a lawsuit for specific performance and/or damages. D. Removal of System. In the event this Franchise Agreement is terminated as a result of violations of the terms of this Franchise Agreement, Mobilitie shall, at its sole expense, remove all system components and Facilities within 94 60 days of such termination, provided that the City, at its sole option, clay allow Mobilitie to abandon its Facilities in place. E.- Receivership. At the option of the City, subject to applicable law and lawful orders of courts of competent jurisdiction, this Franchise may be revoked after the appointment of a receiver or trustee to take over and conduct the business of Franchisee whether in a receivership, reorganization, bankruptcy, or other action or proceeding, unless: 1. The receivership or trusteeship is timely vacated; or 2. The receiver or trustee has timely and fully complied with all the terms and provisions of this Franchise, and has remedied all defaults under the Franchise. Additionally, the receiver or trustee shall have executed an agreement duly approved by the court having jurisdiction, by which the receiver or trustee assumes and agrees to be bound by each and every term, provision, and limitation of this Franchise. Section 8. Insurance. A. Mobilitie shall maintain liability insurance during the full term of this Franchise Agreement for personal injury and property damages which may arise from or in connection with operations or activities performed by or on the -Franchisee's behalf with the issuance of this Franchise. The Franchisee's maintenance of insurance as required by the Franchise Agreement shall not be construed to limit the liability of the -Franchisee to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. Notwithstanding anything to the contrary, Mobilitie may satisfy the foregoing insurance requirements through a combination of commercial general liability insurance and umbrella or excess liability insurance. B. Such required insurance shall include as additional insured, the City, its officers, officials, and employees as their interest may appear under this Franchise Agreement, excluding worker's compensation and employer's liability; shall apply as primary W Word Processing \Ordinances\Mobilitie Franchise Agreement markup TIS to C.O W. 6-28-18 CK:bjs. LH Page 13 of 24 235 insurance; shall stipulate that no insurance affected by the City will be called on to contribute to a loss covered thereunder. 1. Commercial General Liability insurance shall be at least as broad as Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products -completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Franchisee's Commercial General Liability insurance shall provide limits of $-5,000,000 each occurrence; $-10,000,000 aggregate._ There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The-PSublie-E 4yCity shall be included as an additional insured under the Permittee's Commercial General Liability insurance policy using ISO Additional Insured—State or Political Subdivisions—Permits CG 20 12 or a substitute endorsement providing at least as broad coverage. 2. Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Automobile Liability insurance shall have a combined single limit for bodily injury and property damage or $ of $3,000,000 per accident. Coverage shall be at least as broad as Insurance Services Office (ISO) form CA 00 01. 3. Further, franchisee shall maintain Pollution Liability insurance (or Franchisee shall self -insure the same) covering losses caused by pollution conditions that arise in connection with this Franchise. Franchisee's Pollution Liability insurance shall be written in an amount of $1,000,000 per loss, with an annual aggregate of $1,000,000. Pollution Liability insurance shall cover bodily injury, property damage, cleanup costs, and defense, including costs and expenses incurred in the investigation, defense, or settlement of claims. 4. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A minus: VII. 5. Notwithstanding the foregoing, Licensee may, in its sole discretion, self insure any of the required insurance under the same terms as required by this Agreement as long as Franchisee or its affiliated parent maintains a net worth of at least D i ro and r o!1 00 (S$200,000,000) as evidenced in its annual certified financials. In the event Franchisee elects to self -insure its obligation under this Agreement to include the City as an additional insured, the following conditions apply: fi-) a. the City shall promptly and no later than thirty (30) days after notice thereof provide Franchisee with written notice of any claim, demand, lawsuit, or the like for which it seeks coverage pursuant to this Scctionsection and provide Franchisee with copies of any demands, notices, summonses, or legal papers received in connection with such claim, demand, lawsuit, or the like; (+i) b. the City shall not settle any such claim, demand, lawsuit, or the like without the prior written consent of Franchisee; and (iii) c. the City shall fully cooperate with Franchisee in the defense of the claim, demand, lawsuit, or the like. W. Word Processing\Ordinances\Mobilitie Franchise Agreement markup TIS to C.O.W. 6-28-18 CK.bjs: LH 236 Page 14 of 24 C.- Franchisee's contractors and subcontractors performing Work in the Public Rights -of -Way shall comply with such bond, indemnity, and insurance requirements as may be required by City code or regulations, or other applicable Law. Any contractors or subcontractors performing Work within the Public Rights -of -Way on behalf of the Franchisee shall be deemed servants and agents of -the Franchisee for the purposes of this Franchise and are subject to the same restrictions, limitations, and conditions as if the Work were performed by Franchisee. Franchisee shall be responsible for all Work performed by its contractors and subcontractors and others performing Work on its behalf as if the Work were performed by it, and shall ensure that all such Work is performed in compliance with this Franchise and other applicable laws, and shall be jointly and severally liable for all damages and correcting all damage caused by them. It is Franchisee's responsibility to ensure that contractors, subcontractors, or other Persons performing Work on Franchisee's behalf are familiar with the requirements of this Franchise and other applicable Laws governing the Work performed by them. D. -_The Franchisee shall provide the City with vritten notice of any policy cancellation, within two business days of their receipt of such notice if coverage is not replaced. Failure on the part of the -Franchisee to maintain the insurance as required shall constitute a material breach of the Franchise, upon which the City may, after giving five business days' notice to -the Franchisee to correct the breach, immediately terminate the Franchise or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any reasonable sums so expended to be repaid to the City on demand. Section 9. Other Permits and Approvals. Nothing in this Agreement shall relieve Mobilitie from any obligation to obtain approvals or necessary permits from applicable federal, state and City authorities for all activities in the Franchise Area, Section 10. Transfer of Ownership. A. The rights, privileges, benefits, title, or interest provided by this Franchise shall not be sold, transferred, assigned or otherwise encumbered, without the prior written consent of the City, with such consent not being unreasonably withheld, conditioned, or delayed. No such consent shall be required, however, for a transfer in trust, by other hypothecation, or by assignment or any rights, title or interest in Mobilitie's Network in order to secure indebtedness. Approval shall not be required for mortgaging purposes provided that the collateral pledged for any mortgage shall not include the assets of this franchise. Approval shall not be required for any transfer from Mobilitie to an Affiliate or to any entity into which Mobilitie may be merged or consolidated or which purchases all or substantially all of the assets of Mobilitie that are subject to this Agreement. The parties agree and acknowledge that, notwithstanding anything in this Agreement to the contrary, certain Facilities deployed by Mobilitie in the Public Rights -of -Way pursuant to this Agreement may be owned by Mobilitie's third -party wireless carrier customers ("Carriers") and installed and maintained by Mobilitie pursuant to license agreements between Mobilitie and such Carriers. Such Facilities shall be treated as Mobilitie's Facilities for all purposes under this Agreement and sublicensing shall not require the City's consent provided that. (i) Mobilitie remains responsible and liable for all performance obligations under the Agreement with respect to such Facilities; (ii) the City's sole point of contact W. Word Processing \Ordinances\Mobifitie Franchise Agreement markup TIS to C.O.W 6-28-18 CK.bjs LH Page 15 of 24 237 regarding such Facilities shall be Mobilitie; and (iii) Mobilitie shall have the right to remove and relocate the Facilities. B. In any transfer of this Franchise which requires the approval of the City. Mobilitie shall show that the recipient of such transfer has the technical ability, financial capability, and any other legal or general qualifications as reasonably determined by the City to be necessary to ensure that the obligations and terms required under this Franchise Agreement can be met to the full satisfaction of the City. _This Franchise may not be transferred without filing or establishing with the City the insurance certificates, security fund, and performance bond as required pursuant to this Franchise. _The qualifications of any transferee in a transfer that requires the approval of the City shall be determined by a hearing before the City Council and the approval to such transfer shall be granted by resolution of the City Council. Any reasonable administrative costs associated with a transfer of this Franchise that requires the approval of the City shall be reimbursed to the City within 30 days of such transfer. The transferee(s) shali thereafter be responsible for all obligations of Franchisee with respect to the Franchise; provided, that the transfer shall not in any respect relieve the Franchisee, or any of its successors in interest, of responsibility for acts or omissions, known or unknown, or the consequences thereof, if the acts or omissions occur before the time of the transfer. Section 11. Administrative Fees. A. Pursuant to the Revised Code of Wasilington (RCW), the City is precluded from imposing franchise fees for "telephone businesses" as defined in RCW 82.16.010 -and PC'.^,''32.n1.0e5, or "service provider" as defined in RCW 35.99,010, except that fees may be collected for administrative expenses related to such franchise or site specific charges pursuant to RCW 35.21.860(1)(e). Mobilitie does hereby warrant that its operations, as authorized under this Franchise Agreement, are those of a telephone business as defined in RCW 82.16.010 or a service provider as defined in 35.99.010. B. Mobilitie shall be subject to a one-time $5,000 administrative fee for reimbursement of costs associated with the preparation, processing and approval of this Franchise Agreement. These costs shall include, but not be limited to, wages, benefits, overhead expenses, equipment and supplies associated with such tasks as plan review, site visits, meetings, negotiations and other functions critical to proper management and oversight of the City's right-of-way. Administrative fees exclude normal permit fees as stipulated in Title 11 of the Tukwila Municipal Code. Payment of the one-time administrative fee is due 30 days after notice of franchise approval. C. The City reserves the right to exercise authority it has or may acquire in the future to charge a franchise fee as authorized by law and Franchisee shall in good faith endeavor to negotiate a reasonable Franchise fee or other fee if future law permits the City to charge a Franchise fee. However, the parties shall negotiate a site-specific charge acceptable to the parties for facilities for personal wireless services that meet one of the criteria in RCW 35.21.860(1)(e)(i)-(iii). Pursuant to RCW 35.21.860(1)(e), the City is not required to approve a use permit for the placement of a facility for personal wireless W' Word Processing\Ordinances\Mobilitie Franchise Agreement markup TIS to C 0 W. 6-28-18 CK:bjs LH 238 Page 16 of 24 services that meets one of the criteria set forth in RCW 35.21.860(1)(e)(i)-(iii) absent such an agreement. D. In the event Mobilitie submits a request for work beyond the scope of this Franchise Agreement, or submits a complex project that requires significant comprehensive plan review or inspection, Mobilitie shall reimburse the City for franchise amendments and reasonable expenses associated with the project. Mobilitie shall pay such costs within 30 days of receipt of a bill from the City. E. Failure by Mobilitie to make full payment of bills within the time specified shall be considered sufficient grounds for the termination of all rights and privileges existing under this ordinance, utilizing the procedures specified in Section 4 7 of this ordinance. Section 12. Notices. Any notice to be served upon the City or Mobilitie shall be delivered to the following addresses respectively: City of Tukwila Office of the City Clerk 6200 Southcenter Boulevard Tukwila, WA 98188 Email: TukwilaCitvClerk cr tukwilawa.aov Phone: 206-433-1855 With a copy to: Public Works Director City of Tukwila 6300 Southcenter Boulevard Ste. 100 Tukwila, WA 98188 FRANCHISEE Mobilitie, LLC 660 Newport Center Drive, Suite 200 Newport Beach, CA 92660 Attention: _Legal Department Iegal(a mobilitie.com With a copy to: Mobilitie, LLC 660 Newport Center Drive, Suite 200 Newport Beach, CA 92660 Attention: _Asset Management WestAssetMgmt@mobilitie.com Notices shall be delivered by U.S. Mail, overnight courier (e.g., UPS or FedEx), or in person, and shall be deemed delivered upon receipt. W Word Processing\Ordinances\Mobilitie Franchise Agreement markup TIS to C O.W. 6-28-18 CK bjs LH Page 17 of 24 239 Section 13. Indemnification. A. Mobilitie shall use reasonable and appropriate precautions to avoid damage to persons or property in the Construction, installation, repair, operation, and maintenance of its structures and Facilities within the Franchise Area. Mobilitie shall release, indemnify, defend, and hold the City, its agents, employees, officers, officials, and volunteers harmless from all claims, actions, or damages, including reasonable attorneys' and expert witness fees, which may accrue to or be suffered by any person or persons, corporation, or property to the extent caused in part or in whole by any act or omission of Mobilitie, its officers, agents, servants, or employees, carried on in the furtherance of the rights, benefits, and privileges granted to Mobilitie by this Franchise. In the event any claim or demand is presented to or filed with the City that gives rise to Mobilitie's obligation pursuant to this section, the City shall within a reasonable time notify Mobilitie thereof and Mobilitie shall have a right, at its election, to settle or compromise such claim or demand. In the event any claim or action is commenced in which the City is named a party, and which suit or action is based on a claim or demand which gives rise to Mobilitie's obligation pursuant to this section, the City shall promptly notify Mobilitie thereof, and Mobilitie shall, at its sole cost and expense, defend such suit or action by attorneys of its own election. In defense of such suit or action, Mobilitie may, at its election and at its sole cost and expense, settle or compromise such suit or action. This section shall not be construed to require Mobilitie to: 1. protect and save the City ham -doss from any claims, actions or damages; 2. settle or compromise any claim, demand, suit or action; 3. appear in or defend any suit or action; or, 4. pay any judgment or reimburse the City's costs and expenses (including reasonable attorney's fees), to the extent such claim arises out of the negligence or intentional acts of the City, its employees, agents or independent contractors. B. To the extent of any concurrent negligence between Mobilitie and the City, Mobilitie's obligations under this paragraph shall only extend to its share of negligence or fault. The City shall have the right at all times to participate through its own attorney in any suit or action which arises out of any right, privilege, and authority granted by or exercised pursuant to this Franchise Agreement when the City determines that such participation is required to protect the interests of the City or the public. Such participation by the City shall be at the City's sole cost and expense. C. With respect to the performance of this Franchise and as to claims against the City, its officers, agents and employees, Mobilitie expressly waives its immunity under Title 51 of the Revised Code Washington, the Industrial Insurance Act for injuries to its officers, agents, and 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 Mobilitie's officers, agents, or employees- directly against the City, its officers, agents, officials, employees, and volunteers. This waiver is mutually negotiated by the parties and the provisions of this section shall survive the expiration or termination of this Franchise Agreement. W Word Processing\Ordinances\Mobilitie Franchise Agreement markup TIS to C.O.W. 6-28-18 CK:bjs. LH 240 Page 18 of 24 Section 14. Severability. If any section, sentence, clause, or phrase of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the City may elect to treat the portion declared invalid or unconstitutional as severable and enforce the remaining provisions of this ordinance; provided that, if the City elects to enforce the remaining provisions of the ordinance, Mobilitie shall have the option to terminate the Franchise Agreement. Section 15. Reservation of Rights. A, A. The parties agree that this Franchise Agreement is intended to satisfy the requirements of all applicable laws, administrative guidelines, rules, orders and ordinances in effect on the date the permits and authorizations are issued for the affected Facilities. Accordingly, any provision of this Franchise Agreement or any local ordinance that may conflict with or violate the law shall be invalid and unenforceable, whether occurring before or after the execution of this agreementit being the intention of the parties to preserve their respective rights and remedies under the law, and that the execution of this Franchise Agreement does not constitute a waiver of any rights or obligations by either party under the law. 13: B. Nothing in this Franchise shall prevent the City from constructing sanitary or storm sewers; grading, changing grade, paving, repairing, widening, or otherwise altering any Public Rights -of -Way; laying down, repairing or removing water mains; or installing conduit or fiber optic cable. Section 16. Police Powers. A. Nothing contained herein shall be deemed to affect the City's authority to exercise its police powers. Mobilitie shall no: by this Franchise Agreement obtain any vested rights to use any portion of the City righ#Rights-of-wayWay except for the locations approved by the City and then only subject to the terms and conditions of this Franchise Agreement. This Franchise Agreement and the permits issued thereunder shall be governed by applicable City ordinances in effect at the time of application for such permits. B. Nothing in this Franchise shall be deemed to impose any duty or obligation upon the City to determine the adequacy or sufficiency of Franchisee's Facilities. City's approvals and inspections as provided herein; are for the sole purpose of protecting the City's rights as the owner and/or manager of the Public Rights -of -Way and shall not constitute any representation or warranty, express or implied, as to the adequacy of the design or Construction of the Facilities or Network, suitability of the Franchise Area for Construction, or any obligation on the part of the City to ensure that Work or materials are in compliance with any requirements imposed by a governmental entity. The City is under no obligation or duty to supervise the design, Construction, or operation of the Network. Section 17. Future Rules, Regulations, and Specifications. A. Mobilitie acknowledges that the City may develop rules, regulations, and specifications, including a general ordinance or other regulations governing telecommunications operations in the City. Such regulations, upon written notice to W: Word Processing\Ordinances\Mobilitie Franchise Agreement markup TIS to COW. 6-28-18 CK:bjs: LH Page 19 of 24 241 Mobilitie, shall thereafter govern Mobilitie's activities hereunder. However, in no event shall regulations: Al . Materially interfere with or adversely affect Mobilitie's rights pursuant to and in accordance with this Franchise Agreement; or B2. Be applied in a discriminatory manner as it pertains to Mobilitie and other similar user of such facilities. If ., , +'r.. -1, -sr"! "+r.+r, esr I"r.nl !.-„.,t. ...r r.-. „l.v+;..rl. (;.-...ii i.J;.-,ry 6.i ,+ r..,+ 1;.-.,;+,..-1 +r. r,.J L,., +h.. Cr, ..t, -.r...! (',.r.,.-„,..;..r.+;.sr,`. h;r..J; r. h �.fl.-. I r.+.-,.-r,r..+.'.+;.-. -,n +hr.. -n. -.f (....II n+;, "11 "1 .."1 +1-. + .. s,` .. ..+ of .... .y,7 J..,,_.. -:c.. .. �..,. �... �...... ..., ._a ., 1�..s..G `,...]. �yv._..., ...�J....., �.. �... _,. +k., "L.4.. ,.hl; r,+;., r.f +hr. r, r+;.- -- .,.Jr,.- +h;,. A evek.","""+ ..h. -.Il .'h,, .+ f+. -,r +h., E.4:%... rla+` ` .... �. ...^I nr._nr.., r.+ of nL ; h+� vhl;.,.,+;r,r,v .. , r. r. w, r r, r .- r. r ;r,. "k";r.+r,r + ,,,;+h 4- +h..,. "f4""+;...k. 1 ..,.,.. 4k. -.r, +k.. ..r+;r r, +r, rnrv,..+I., "mnr,rl +hc, ",t",",""r i.4- s , CS A r .,+ ..hl` ,-. -J + ,...-1.,+... .,.J i„ = =,. r,i;.-,,.,.-,r, , ,+h ,` .y.r� ,,. .., uc u ,, 3 "r.. ..�_ "J na h !cg I r ,,I.,+, -,n, "k""”" Section-18 Soct c;. 12. Entire Agreement. This Franchise contains all covenants and agreements between the City and the Franchisee relating in any manner to the Franchise, use, and occupancy of the Public Rights -of -Way and other matters set forth in this Franchise. No prior agreements or understanding pertaining to the same, written or oral, shall be valid or of any force or effect and the covenants and agreement of this Franchisee shall not be altered, modified, or added to except in writing signed by the City and Franchisee and approved by the City in the same manner as the original Franchise was approved. Section 2019. Calculation of Time. Except where a period of time refers to "business days," all periods of time referred to herein shall include Saturdays, Sundays, and legal holidays in the State of Washington, except that if the last day of any period falls on any Saturday, Sunday, or legal holiday in the State of Washington, the period shall be extended to include the r text day which is not a Saturday, Sunday, or legal holiday in the State of Washington; provided that, the Effective Date shall be determined as provided in this Franchise. Section 2120. Time Limits Strictly Construed. Whenever this Franchise sets forth a time for any act to be performed by Franchisee, such time shall be deemed to be of the essence, and any failure of Franchisee to perform within the allotted time may be considered a Default of this Franchise upon expiration of applicable notice and cure periods. Section 2221. Joint Venture. It is not intended by this Franchise to, and nothing contained in this Franchise shall, create any partnership, joint venture, or principal -agent relationship or other arrangement between Franchisee and the City. Neither Party is authorized to, nor shall either Party act toward third Persons or the public in any manner that would indicate any such relationship. The Parties intend that the rights, obligations, and covenants in this Franchise and any collateral instruments shall be exclusively W Word Processing\Ordinances\Mobilitie Franchise Agreement markup TIS to C.0.W 6-28-18 CKbjs: LH 242 Page 20 of 24 enforceable by the City and Franchisee, their successors, and assigns. No Person not a Party hereto, and no such Person shall have any right or cause of action hereunder, except as may be otherwise provided herein. Further, -the Franchisee is not granted any express or implied right or authority to assume or create any obligation or responsibility on behalf of or in the name of the City. However, nothing in this Sectionsection prevents an assignment as provided for in this Franchise. Section 2322. Binding Effect Upon Successors and Assigns. All of the provisions contained in this Franchise shall be binding upon the heirs, successors, executors, administrators, receivers, trustees, legal representatives, transferees, and assigns of the -Franchisee; and all privileges as well as any obligations and liabilities of the Franchisee shall inure to its heirs, successors, and assigns equally as if they were specifically mentioned wherever Franchisee is named herein. Section 2421 Waiver. No failure by either Party to insist upon the performance of any of the terms of this Franchise or to exercise any right or remedy consequent upon a Default thereof, shall constitute a waiver of any such Default or of any of the terms of this Franchise. None of the terms of this Franchise to be kept, observed, or performed by either Party, and no Default thereof, shall be waived, altered, or modified except by a written instrument executed by the injured Party. No waiver of any Default shall affect or alter this Franchise, but each of the terms of this Franchise shall continue in full force and effect with respect to any other then existing or subsequent Default thereof. No waiver of any Default of the defaulting Party shall be implied from any omission by the injured Party to take any action on account of such default if such default persists or is repeated, and no express waiver shall affect any default other than the default specified in the express waiver and then only for the time and to the extent therein stated. One or more waivers by the injured Party shall not be consAti t;iH as a waiver of the subsequent Default of the same covenant, term or conditions. Section 2524. Survival of Terms. Upon the expiration, termination, revocation, or forfeiture of the Franchise, -the Franchisee shall no longer have the right to occupy the Franchise Area for the purpose of providing services authorized herein. However, -the Franchisee's obligations under this Franchise to the City shall survive the expiration, termination, revocation, or forfeiture of these rights according to its terms for so long as th-e-Franchisee's Network or any part thereof shall remain in whole or in part in the Public Rights -of -Way, or until such time as the Franchisee transfers ownership in all Facilities in the Franchise Area to the City or a third -Party, or until such time as the -Franchisee abandons said Facilities in place, all as provided herein. Said obligations include, but are not limited to: _Franchisee's obligations to indemnify, defend, and protect the City, to provide insurance;; to relocate its Facilities;i and to reimburse the City for its costs to perform Franchisee's work. Section 2-625. Force Majeure. A. In the event Franchisee is prevented or delayed in the performance of any of its obligations herein due to circumstances beyond its control or by reason of a force majeure occurrence, such as, but not limited to: acts of God, acts of terrorism, war, riots, civil disturbances, natural disasters, floods, tornadoes, earthquakes, severe weather W. Word Processing \Ordinances\Mobilitie Franchise Agreement markup TIS to C O.W. 6-28-18 CK:bjs: LH Page 21 of 24 243 conditions, employee strikes, and/or unforeseen labor conditions not attributable to Franchisee or its employees, Franchisee shall not be deemed in Default of provisions of this Franchise. B. If Franchisee believes that circumstances beyond its control or by reason of a force majeure occurrence have prevented or delayed its compliance with the provisions of this Franchise, Franchisee shall provide documentation as required by the City to substantiate the -Franchisee's claim. Franchisee shall have a reasonable time, under the circumstances, to perform the affected obligation under this Franchise or to procure a substitute for such obligation wwhich is satisfactory to the City; provided that to franchiccoFranchisee shall perform to the maximum extent it is able to perform and shall take reasonable steps within its power to correct such cause(s) in as expeditious a manner as possible, provided that the Franchisee takes prompt and diligent steps to bring itself back into compliance and to comply as soon as possible under the circumstances with the Franchise without unduly endangering the health, safety, and integrity of to Cr-ryhiV�nn m�l��r, ro c+ v pr. p^t nr thV isal+h, sz:fcty, and ntagrit of 4 F44 Franchisee's employees or property, or the health, safety, and integrity of the public, Public Rights -=of --;Way, public property or private property. Section 2726. Attorneys' Fees. In the event of a suit, action. arbitration, or other proceeding of any nature whatsoever, whether in contract or in tort or both, is instituted to enforce any word, article, section, subsection, paragraph, provision, condition, clause or sentence of this Franchise or its application to any person or circumstance, the prevailing Party shall be entitled to recover from the losing Party its reasonable att attorneys'. paralegals, accountants, and other expert fees and all other fees, costs, and expenses actually incurred and reasonably necessary in connection therewith, as allowed by Washington law and as determined by the judge or arbitrator at trial or arbitration, as the case may be, or on any appeal or review, in addition to all other amounts provided by Law. This provision shall cover costs and attorneys' fees related to or with respect to proceedings in Federal Bankruptcy Courts, including those related to issues unique to bankruptcy law. This provision shall not apply to the extent that the suit, action, arbitration, or other proceeding is brought to interpret any term, condition, provision, section, article, or clause of this Franchise. Section 2827. Venue. This Franchise shall be governed by, and construed in accordance with the laws of the State of Washington. Any action brought relative to enforcement of this Franchise, or seeking a declaration of rights, duties, or obligations herein shall be initiated in the Superior Court of King County, and shall not be removed to a federal court, except as to claims over which such Superior Court has no jurisdiction. Removal to federal court shall be to the Federal Court of the Western District of Washington. Section 2-928. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. W Word Processing\Ordinances\Mobilitie Franchise Agreement markup TIS to C.O W. 6-28-18 CK:bjs: LH 244 Page 22 of 24 Section 3029. 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 five days after passage and publication as provided by law (the "Effective Date"). PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2018. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: _ Effective Date: Ordinance Number: Attachments: Exhibit A - Franchise Agreement Acceptance Form W. Word Processing\Ordinances\Mobilitie Franchise Agreement markup TIS to C.O.W 6-28-18 CK'bjs. LH Page 23 of 24 245 Date: EXHIBIT A Mobilitie, LLC, Acceptance Form City of Tukwila City Clerk's Office 6200 Southcenter Boulevard Tukwila WA 98188 Re: Ordinance No. , adopted on Dear City Clerk: In accordance with and as required by Section 5 of City of Tukwila Ordinance No. , passed by the City Council and approved by the Mayor on (the "Ordinance"), Mobilitie, LLC, a Nevada limited liability company, hereby accepts the te'ms, conditions and obligations to be complied with or performed by it under the Ordinance. Sincerely, MOBILITIE, LLC, a Nevada limited Iiabilia.y company By: Name: Title: Date: cc: Public Works Director, City of Tukwila, 6200 Southcenter Blvd, Tukwila, WA 98188 W: Word Processing\Ordinances\Mobilitie Franchise Agreement markup TIS to C.O.W. 6-28-18 CK:bjs LH 246 Page 24 of 24 Transportation & Infrastructure Committee Minutes June 25, 2018 C. Small Cell Technology Franchise Agreements with AT&T/New Cingular and Mobilitie. LLC Staff is seeking Council approval of franchise agreement ordinances with both AT&T/New Cingular *Wireless, PCS, LLC, and Mobilitie, LLC. Both are telecommunications companies currently in the stages of deploying small cell technology to expand wireless network capacity and the respective ordinances would grant permission for this deployment in the City's right-of-way. While the agreements represent negotiations with each company, the ordinances are substantially consistent with one another as well as with the Verizon Franchise Ordinance approved in February 2018. The agreements provide for the City to charge site-specific charges prior to permit issuance as allowable by state law. Committee members asked clarifying questions. Staff mentioned that the ordinances in the Committee packet were not the most current and those would be provided before the Committee of the Whole. Councilmembers and staff discussed the need to balance meeting current technological needs and reducing visual clutter on poles throughout the City, and how the permitting process will play a role in this. Councilmember Quinn mentioned the importance of establishing criteria and looking at what neighboring jurisdictions are doing. Ms. Pellegrini, representing AT&T/New Cingular, offered to bring photo examples of different styles. Following discussion, the Committee requested the following information for the Committee of the Whole: • Table explaining differences between the AT&T, Mobilitie, and Verizon franchise agreements • First drafts of AT&T and Mobilitie agreements • Number and locations of City -owned and non -City owned poles UNANIMOUS APPROVAL WITH ADDITIONAL INFORMATION. FORWARD TO JULY 9, 2018 COMMITTEE OF THE WHOLE. D. Traffic Calming in Residential Neighborhoods Councilmembers commonly hear complaints about speeding and requests for traffic calming in neighborhoods and have requested for the City to have a strong, defensible process for prioritizing and implementing requests. The Committee discussed and provided input on this topic multiple times in 2017, most recently focusing on data collection from the portable speed signs. The Police Department and Public Works recently attended a community meeting focused on speed and traffic concerns. Councilmember Quinn stated that he has previously requested that Council be notified and invited to participate in such community meetings and was disappointed to hear that didn't happen in this case. Staff acknowledged the oversight and will make sure Council is notified in the future. Staff mentioned that the City has applicable policy documents such as the Traffic Calming Program, Walk & Roll Plan, and the Residential Street Prioritization Study, but funding will continue to be a challenge. Staff plans to present the results of the data collected by the mobile signs at a future Committee meeting, as well as propose new funding for traffic calming and sidewalks for the 2019-2020 budget. Councilmember Quinn stated that a purely complaint -based system such as that outlined in the Traffic Calming Program does not typically result in equitable implementation. Complaints can factor in but all data should be evaluated, and the Council should be well informed considering its fiduciary authority. Council is very interested in data gathered by staff to compare with perceptions of concerned citizens who have spoken up regarding speeding. Mr. Ahmed asked about the status of safety improvements at Tukwila International Boulevard and South 141' Street, noting that Abu Bakr Islamic Center is willing to contribute. Staff has been unsuccessful in securing grants and will provide a status update at the next Committee meeting. RETURN TO COMMITTEE. 247 248 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by 1 Mayor's review Council review 07/23/18 BJM (\n`" CA: ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearin(' Mtg Date ❑ Other Mtg Date C\T1_?GORY ►1 Discussion Mtg Date SPONSOR ❑Council HR ❑DCD Finance ❑.Fire TS P&R Police ❑PTV ❑Court ►1 Mayor SPONSOR'S The adopted State budget includes a proviso for the Department of Commerce to study the SUMMARY impacts associated with Sea -Tac Airport. The proviso requires that a local match be provided in order for Commerce to use the funds. The City's Transportation and Infrastructure Committee discussed the proviso at four of its meetings. Staff is suggesting that the City contribute $14,445.61 as the City's per capita match. Council consensus is being requested to approve this dollar amount. RIVIEWL;D BY ITEM INFORMATION ITEM No. 4.E. 249 STAFF SPONSOR: B. MILES ORIGINAL AGENDA DATE: 7/23/18 AGENDA ITEM TITLE Sea -Tac Airport Proviso. 7/23/18 ❑ Motion Mtg Date ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearin(' Mtg Date ❑ Other Mtg Date C\T1_?GORY ►1 Discussion Mtg Date SPONSOR ❑Council HR ❑DCD Finance ❑.Fire TS P&R Police ❑PTV ❑Court ►1 Mayor SPONSOR'S The adopted State budget includes a proviso for the Department of Commerce to study the SUMMARY impacts associated with Sea -Tac Airport. The proviso requires that a local match be provided in order for Commerce to use the funds. The City's Transportation and Infrastructure Committee discussed the proviso at four of its meetings. Staff is suggesting that the City contribute $14,445.61 as the City's per capita match. Council consensus is being requested to approve this dollar amount. RIVIEWL;D BY ❑ C.O.W. Mtg. ❑ CDN Comm ❑ Finance Comm. ❑ Public Safety Comm. ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATES. COMMITTEE CHAIR: MCLEOD Trans &Infrastructure DATE: MULTIPLE RECOMMENDATIONS: SPONSOR/ADMIN. COMMI- Mayor's Office E Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE, REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $14,445.61 $TBD $N/A Fund Source: GENERAL FUND. Comments: Funds will come from either the Mayor's Office or Finance Department budgets, MTG. DATE RECORD OF COUNCIL ACTION 07/23/18 MTG. DATE ATTACHMENTS 07/23/18 Informational Memorandum dated 7/17/18 June 6, 2018 Letter from Department of Commerce to the City of Tukwila. Pages from the adopted Washington State Budget. March 21, 2018 Letter from Washington State Legislature to Department of Commerce February 12, 2018 Letter, with attachment, from City of SeaTac to City of Tukwila. February 14, 2018 Letter from City of Des Moines to Representative Timm Ormsby Federal Way Resolution No. 18-735. 249 250 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Committee of the Whole FROM: Brandon Miles, Business Relations Manager CC: Mayor Ekberg DATE: July 17, 2018 SUBJECT: 2019 Budget Proviso for SeaTac International Airport Impact Study ISSUE Update on 2019 Budget Proviso for SeaTac International Airport Impact Study. BACKGROUND On February 26, 2018 Committee of the Whole was briefed on a proposed budget proviso pending with the Washington State Legislature. The proviso was included in the final adopted budget for the State. The proviso would provide funding for the Washington State Department of Commerce ("Commerce") to study the impacts of Sea -Tac Airport on surrounding communities. The proviso requires that a local match be provided in order for Commerce to use the funds. The City's Transportation and Infrastructure Committee discussed the proviso at four of its meeting to discuss if the City should provide funds for the local match requirement. The final adopted budget proviso language, as amended, is as follows: (63)(a) $ 300,000 of the general fund -state appropriation for fiscal year 20191 and 300,000 of the general funds -local appropriation are provided solely for the department to contract with a consultant to study the current and ongoing impacts of the SeaTac International airport. The general fund -state funding provided in this subsection serves as a state match and may not be spent unless $300,000 of local matching funds is transferred to the department. The department must seek feedback on project scoping and consultant selection from the cities listed in (b) of this subsection. b) The study must include, but not be limited to: i) The impacts that the current and ongoing airport operations have on quality of life associated with air traffic noise, public health, traffic, congestion, and parking in residential areas, pedestrian access to and around the airport, public safety and crime within the cities, effects on residential and nonresidential property values, and economic development opportunities, in the cities of SeaTac, Burien, Des Moines, Tukwila, Federal Way, Normandy Park, and other impacted neighborhoods; and ii) Options and recommendations for mitigating any negative impacts identified through the analysis. c) The department must collect data and relevant information from various sources including the port of Seattle, listed cities and communities, and other studies. d) The study must be delivered to the legislature by December 1, 2019. 1 The fiscal year for the State began on July 1, 2018. 251 INFORMATIONAL MEMO Page 2 Following the adoption of the budget, the Chairs of the State House Appropriations Committee and the State Senate Ways and Means Committee sent a letter to Commerce with refined language (see attached). It was noted that the language came too late to be included in the final draft of the State budget. The main modification was that Commerce was also directed to look at the benefits of SeaTac International Airport on surrounding cities as a result of proximity to the airport. The options section was also expanded to include a discussion regarding " bolstering potential benefits." Per Commerce, the adopted budget language governs, but the letter provides good guidance on the legislative intent of the proviso. The Cities of Tukwila, SeaTac, Federal Way, Normandy Park, Burien, and Des Moines have been meeting to discuss providing the local match. The City of SeaTac is prepared to provide $150,000 for the local match, provided the other five cities contribute the remaining $150,000. The table below shows fund allocation for the remaining five cities based on a per capita formula. Tukwila's contribution would be $14,445.61 City 2017 OFM population estimate Per Capita Share 0.7348 (5.1993 SeaTac) Burien 50,680 $37,238.24 Des Moines 30,860 $22,675.06 Federal Way 96,350 $70,795.27 Normandy Park 6,595 $4,845.82 Tukwila 19,660 $14,445.61 Other Cities Subtotal $150,000 SeaTac 28,850 $150,000 Total Population Represented 232,995 Total Local Match Funds for Study $300,000 Staff from the six cities supports the allocation of the match as outlined in the table above. City Councils from the other cities may need to approve the final contribution. With the local match and the State Funds, the total amount of funds available is $600,000. There is some initial concern that these funds may be insufficient to complete an in-depth study. Commerce has already indicated they study would like to be survey of existing studies and data already available and that it's unlikely that new primary research will be completed. The City of SeaTac has indicated it may be willing to contribute an additional $100,000 to expand the scope of the study. DISCUSSION Tukwila's impact from Sea -Tac Airport are much different than the other five cities. While Tukwila has some minor impacts from noise and odor, the City does not have the same 252 INFORMATIONAL MEMO Page 3 significant impact as the other cities that are directly below the takeoff and landing approaches. Tukwila is impacted by traffic, land use patterns, and impacts to public services. A recent study by the Port of Seattle estimates that Sea -Tac Airport contributes $742 million in economic activity within the City, providing over 5,000 jobs. Participation in the budget proviso study will also identify the positive impacts the Airport has on the City and will assist the City in how to better leverage our relationship with the Port to benefit the City's community members. RECCOMENDATION Staff recommends that the City provide $14,445.61 as Tukwila's per capita match for the budget proviso. ATTACHMENTS A. June 6, 2018 Letter from Department of Commerce to the City of Tukwila. B. Pages from the adopted Washington State Budget. C. March 21, 2018 Letter from Washington State Legislature to Department of Commerce. D. February 12, 2018 Letter, with attachment, from City of SeaTac to City of Tukwila. E. February 14, 2018 Letter from City of Des Moines to Representative Timm Ormsby. F. Federal Way Resolution No. 18-735. 253 254 STATE OF WASHINGTON DEPARTMENT OF COMMERCE 1011 Plum Street SE PO Box 42525 Olympia, Washington 98504-2525 µ (360) 725-4000 www.commerce.wa.gov June 6, 2018 Mr. Brandon Miles Business Relations Manager City of Tukwila 6200 Southcenter Boulevard Tukwila, Washington 98188 RE: Study on the current and on-going impacts of the Seattle -Tacoma International Airport - The implementation of Engrossed Substitute Senate Bill (ESSB) 6032 -Section 127(63). Dear Mr. Miles: The Washington State Legislature formally asked the Department of Commerce (Commerce) to begin a study that evaluates the on-going impacts of the Seattle -Tacoma International Airport. The study has the following parameters: • $300,000 of the general fund—state appropriation for fiscal year 2019 and $300,000 of the general fund—local appropriation are provided solely for Commerce to contract with a consultant to study the current and ongoing impacts of the SeaTac International Airport. State funding provided in this serves as a state match and may not be spent unless $300,000 of local matching funds is transferred to Commerce. • Commerce must seek input on project scoping and consultant selection from the cities of SeaTac, Burien, Des Moines, Tukwila, Federal Way and Normandy Park and the Port of Seattle plus members of the legislature. • Commerce must collect data and relevant information from various sources including the Port of Seattle, the listed cities and communities (above), and other studies. • The study must include, but not be limited to, an analysis of the impacts that the current and ongoing airport operations have on quality of life. These impacts are associated with air traffic noise, public health, traffic, congestion, parking in residential areas, pedestrian access to and around the airport, public safety and crime within the cities, effects on residential and non-residential property values, and economic development opportunities, in the cities of 255 Mr. Brandon Miles Business Relations Manager June 6, 2018 Page 2 SeaTac, Burien, Des Moines, Tukwila, Federal Way, Normandy Park, and other impacted neighborhoods. • The study should also provide options and recommendations for mitigating any negative impacts identified through the analysis. • The study must be delivered to the legislature by December 1, 2019. This letter is a formal introduction and invitation. Commerce would like to begin having discussions with you and/or your representatives about forming a committee that will develop a final scope of work and/or be part of the process of choosing a consultant to help complete this task by December 1, 2019. Please contact me if you have any questions. We will be contacting you to begin to meet and organize our initial activities. We look forward to working with you and your representatives. Sincerely, AAA -) Gary Idleburg Senior Planner Growth Management Services Garv.Idlebur2ncommerce.wa. aov 360.725.3045 GI:lw cc: Mark McCaskill, AICP, Managing Director, Growth Management Services Ike Nwankwo, Western Region Manager, Growth Management Services Jaime Rossman, Policy Advisor, Directors Office, Department of Commerce 256 2 CERTIFICATION OF ENROLLMENT ENGROSSED SUBSTITUTE SENATE BILL 6032 65th Legislature 2018 Regular Session Passed by the Senate March 8, 2016 CERTIFICATE Yeas 25 Nays 24 President of the Senate Passed by the House March 8, 2018 Yeas 54 Nays 44 I, Brad Hendrickson, Secretary of the Senate of the State of Washington, do hereby certify that the attached is ENGROSSED SUBSTITUTE SENATE BILL 6032 as passed by Senate and the House of Representatives on the dates hereon set forth. Secretary Speaker of the House of Representatives Approved FILED Secretary of State State of Washington Governor of the State of Washington 79 257 1 foundation to develop a comprehensive 3D sninal cord atlas with the 2 Goal of providing clinicians and researchers with a digital map of 3 the spinal cord. 4 (59) $250,000 of the general fund—state appropriation for fiscal 5 Year 2019 is Provided solely for the department to contract with the 6 Washington state microenternrise association to assist people.with 7 limited incomes in nonmetro areas of the state to start and sustain 8 small businesses and embrace the effects of Globalization. 9 (60) $240.000 of the general fund—state appropriation for fiscal 10 Year 2019 is provided solely for the implementation of Substitute 11 House Bill No. 2367 (child care collaboration task force). If the 12 bill is not enacted by June 30. 2018, the amount Provided in this 13 subsection shall lapse. 14 (61) $174,000 of the aeneral fund—state appropriation 15 16 17 18 19 20 year 2019 is provided solely for the implementation of Substitute. 21 House Bill No. 2667 (essential needs/ABD programs). If the bill is 22 not enacted by June 30. 2018, the amount Provided in this subsection 23 shall lapse. 24 (63)(a) $300.000 of the aeneral fund—state appropriation 25 fiscal year 2019 and $300,000 of the general fund—local appropriation 26 are Provided solely for the department to contract with a consultant 27 to study the current and onaoina impacts of the SeaTac international 28 airport. The aeneral fund—state funding provided in this subsection 29 serves as a state match and may not be spent unless $300,000 of_local 30 matching funds is transferred to the department. The department must 31 seek feedback on pro-iect scouina and consultant selection from the 32 cities listed in (b) of this subsection. 33 (b) The study must include, but not be limited to: 34 (i) The impacts that the current and onaoina airport operations 35 have on auality of life associated with air traffic noise. Public 36 health, traffic, congestion. and Parkina in residential areas, 37 Pedestrian access to and around the airport. Public safety and crime 38 for fiscal Year 2019 is provided solely for the implementation of Third Substitute House Bill No. 2382 (surplus public property). If the bill is not enacted by June 30. 2018. the amount provided in this subsection shall lapse. (62) $31.000 of the general fund—state appropriation for fiscal for within the cities, effects on residential and nonresidential property 39 values, and economic development opportunities, in the cities of p. 44 258 ESSB 6032.PL 1 SeaTac, Burien, Des Moines, Tukwila, Federal Way, Normandy Park, and 2 other impacted neighborhoods; and 3 (ii) Options and recommendations for mitiaatina any negative 4 impacts identified through the analysis. 5 (c) The department must collect data and relevant information 6 from various sources includina the port of Seattle. listed 7 communities. and other studies. 8 (d) The study must be delivered to the leaislature by December 1. 9 2019. 10 (64) (a) $125.000 of the general fund—state appropriation for 1 fiscal year 2019 is provided solely for the department of commerce to 12 provide a arant to a nonprofit organization to assist fathers 13 transitioning from incarceration to family reunification. The arant 14 recipient must have experience contracting with: 15 (i) The department of corrections to support offender betterment 16 projects; and 17 (ii) The department of social and health services to provide 18 access and visitation services. 19 (b) The grant recipient must provide data on program outcomes to 20 the Washington statewide reentry council. This data must be included 21 in the Washington statewide reentry council's report of activities 22 and recommendations to the governor and appropriate committees of the 23 legislature as required by RCW 43.380.050. 24 (65) $1.000.000 of the general fund—state appropriation for 25 fiscal Year 2019 is provided solely for the department of contract 26 with organizations and attorneys to provide legal representation 27 and/or referral services for leaal representation to indigent persons 28 who are in need of legal services for matters related to their 29 immigration status. Persons eligible for assistance under this 30 contract must be determined to be indiaent under standards developed 31 under chanter 10.101 RCW. 32 (66) $150.000 of the general fund—state appropriation for fiscal 33 Year 2019 is provided solely for a small business innovation exchange 34 project to increase economic development opportunities for women. 35 minority, and veteran owned small businesses in the south Kina county 36 region. 37 (67) $100,000 of the general fund—state appropriation for fiscal 38 year 2019 is provided solely for a grant to the city of Federal Ways 39 for an emeraencv shelter to serve homeless families with children. cities and p. 45 ESSB 6032.PL 81 259 ajtltgtou March 21, 2018 Brian Bonlender, Director Department of Commerce 1011 Plum Street SE P.O. Box 42525 Olympia, WA 98504-2525 tate Ke!2clOtature RE: Study on the current and ongoing impacts of the Seattle -Tacoma International Airport in ESSB 6032 - Section 127 (63) Dear Director Bonlender: Late in the legislative session, we received refined language related to the airport impact study referenced in Section 127(63) of Engrossed Substitute Senate Bill (ESSB) 6032. Unfortunately, there was not time to include the updated language. We respectfully ask the Department of Commerce to implement the provisions of Section 127(63) of ESSB 6032 using the following language: (63) (a) $300,000 of the general fund—state appropriation for fiscal year 2019 and $300,000 of the general fund—local appropriation are provided solely for the department to contract with a consultant to study the current and ongoing impacts of the Seattle -Tacoma international airport. The general fund—state funding provided in this subsection serves as a state match and may not be spent unless $300,000 of local matching funds is transferred to the department. (b) The final study scope shall be developed by the department, in consultation with organizations or entities including members of the legislature, the port of Seattle, and the cities listed in subsection (c)(i). (c) The study scope must include, but not be limited to: (i) The impacts that the current and ongoing airport operations have air traffic noise, public health, traffic, congestion, and parking in residential areas, effects on residential and nonresidential property values, and economic development opportunities, in the cities of SeaTac, Burien, Des Moines, Tukwila, Federal Way, Normandy Park; (ii) The benefits to the same cities referenced in (c)(i) derived due to proximity to the airport, including wages and taxes from airport -related operations, property tax derived from commercial development directly tied to airport -related operations, and improved access to transit resulting from proximity to the airport; and 260 (iii) Options and recommendations for mitigating any negative impacts, or bolstering potential benefits identified through the analysis, including what role the state plays in addressing impacts and benefits. (d) The department must collect data and relevant information from various sources including the port of Seattle, listed cities and communities, regional planning agencies, and other studies. (e) The study must be delivered to the legislature by December 1, 2019. Additionally, it is our intent that the $300,000 of local matching funds need not be received prior to beginning the contracting process for the study and instead may be received, and deposited as local revenue, as costs to the Department are incurred. We intend to amend the 2017-19 Operating Budget next session to incorporate the updated language, but do not wish to delay the study and we encourage the Department to implement the study with the adjustments noted in this letter. If you have further questions, please let us know, or contact our operating budget staff. Sincerely, =r Representative i imm OrmsbySenator Christine Rolf House Appropriations Com tee Senate Ways and Means Committee cc: David Schumacher, Office of Financial Management Director Jim Crawford, Office of Financial Management Assistant Director Matt Bridges, Senate Democratic Caucus Senior Fiscal Analyst K.D. Chapman, House Democratic Caucus Deputy Policy Director Gwen Stamey, Office of Financial Management Budget Assistant Claire Goodwin, Senate Ways and Means Fiscal Analyst Meghan Morris, House Appropriations Committee 83 261 262 4800 South 1880 Street SeaTac, WA 98188-8605 City Hall: 206.973.4800 Fax: 206.973.4809 TDD: 206.973.4808 Mayor Michael J. Sielkes Deputy Mayor Erin Sitterley Councitmembers Rick Forschler Joel Wachtel Peter Kwon Pam Fernald Clyde Hilt City Manager Joseph Scorcio City Attorney MaryMirante Bartolo City Clerk Kristina Gregg February 12, 2018 The Honorable Allan Ekberg Mayor, City of Tukwila 6200 Southcenter Blvd Tukwila, WA 98188 Dear Mayor: • FEB 14 2018 As we discussed, we are asking the City of Tukwila's active support of the 2018 Supplemental Budget proviso request to the State legislature to help fund a comprehensive study of the current and ongoing impacts of the airport. The goal of this effort is to establish a point -in -time baseline of the airport's positive and negative impacts to our communities and help communicate those impacts to our residents and other interested parties. It will also help provide objective measurements for all of our communities with the anticipated growth at Sea -Tac Airport. The proviso request is for $500,000 which must be matched by an equal amount split between the cities of Burien, Des Moiies, Federal Way, Normandy Park, SeaTac and Tukwila. We have budgeted $250,000 toward this effort and are hoping that our partner cities will jointly fund the balance of $250,000. These funds do not need to be formally committed and budgeted at this time but would be a requirement of the proviso prior to work being done on the study. The State's Department of Commerce would select the consultant and manage the study. 1 have attached the one-page overview of the proviso and the suggested proviso language. The study has been well-received thus far by the legislature and based on discussions with our neighbors, indications are that Burien, Federal Way, Des Moines and Normandy Park are generally supportive of the proviso and are also considering active support. If you have any questions or wish to discuss this further, please do not hesitate to contact me. Thank you for your consideration of this important request. Sincerely, 7. • J ph Scor iod AICP -/City Manager Cc: City Council Enclosure 71 263 The City of SeaTac 2018 Supplemental Operating Budget Proviso Request: Airport Impact Study More than 20 years have passed since the last airport study was completed • As the host to Washington State's largest international airport, the City of SeaTac is proud to welcome the many travelers entering and leaving our state. As the SeaTac International Airport expands, SeaTac International Airport surrounding communities request funding to continue to be a strong, welcoming community. • Twenty years ago, when the third runway was in its planning stages, the State conducted the Sea -Tac International Airport Impact Mitigation Study, which found that "costs associated with these [airport] improvements are disproportionately borne by those communities immediately surrounding the airport." • The purpose of the study is to establish a point -in -time baseline of both positive and negative community and economic impacts and provide objective data to communicate this information to the residents of the cities and other interested parties. Now is the time for an update to the study • The Sea -Tac International Airport is the 6th fastest growing airport in the world. • It's the 9th busiest airport in the United States (2014). • Passenger levels increased approximately 13% from 2014. • On-site activity of the airport supports 32,000 jobs. • In 2013, $565 million in state and local tax revenue was generated. • The Port of Seattle's Sustainable Airport Master Plan envisions further expansion of the airport in the coming years. City Investment • The City of SeaTac has allocated $250,000 in local funds to updating the study and is working with neighboring cities to gather additional community support. Budget Proviso Language $500,000 of the general fund — state appropriation for fiscal year 2019 - is provided solely as a state match for distribution to the Department of Commerce to select a consultant to conduct an analysis of current and ongoing community and economic impacts of the Sea -Tac International Airport not otherwise covered by current airport related studies. The study shall be delivered to the legislature by December 1, 2019. The Department shall seek feedback on project scoping and consultant selection from the cities listed below. 264 The analysis will include, but not be limited to the impacts that current and ongoing airport operations have on quality of life associated with air-traffic noise, public health, traffic, congestion, and parking in residential areas, pedestrian access to and around the airport, public safety and crime within the cities, effects on residential and non-residential property values, and economic development opportunities in the cities of SeaTac, Burien, Des Moines, Tukwila, Federal Way and Normandy Park. The Department will coordinate with the Port of Seattle and other entities to collect data on topics identified by the study, utilizing existing data where available. The study will include recommendation and options for mitigating any negative impacts identified through the analysis. The Department shall not spend the appropriation unless $500,000 in local matching funds is transferred to the Department. The City of Sea Tac will serve as the fiscal agent for any local matching funds and remit to the Department upon receipt of invoices for work completed. 73 265 "'ir] s(i!'1Tp'ar,'• C,Y -A Wtr1fji(th'te4 ADMINISTRATION vas MT11 AVENUE Eounsun A DES MOINES, WASHINGTON St1PI. 3QS r#CFt.Ta-iStS TAA: VIM 124-61121 FAXTPOS) mesas February 14, 2018 Representative Timm Ormsby Chair, House Appropriations Committee 315 John L. O'Brien Building Olympia, Washington 98504 Dear Chair Ormsby, The City of Des Moines wishes to express our support for a budget proviso appropriation of $500,000 for fiscal year 2019 as a state match for the Department of Commerce to select a consultant to conduct an analysis of current and ongoing community and economic impacts of Sea -Tac International Airport aircraft operations. The City of Des Moines is one of several cities adjacent to the airport that received disproportionate negative impacts from airport operations. This proviso is a high priority for our cities. As Sea -Tac moves forward with significant planned expansion, it is critical to assess impacts on our cities resulting from that growth. This State effort will help document the issues of noise and volume of air traffic, as well as other community health impacts. Sea -Tac is the 9th busiest airport in the United States and is the 6th fastest growing airport in the world. Yet Sea -Tac faces spatial constraints to growth resulting in more intense direct impacts to those cities in proximity to the airport. We recognize the economic value to our region of airport operations, at the same time we face disproportionate negative impacts — of noise and air quality. • • The goal of this study is to establish a point -in -time baseline of the Airport's positive and neaative impacts to our communities and to help communicate those impacts to our residents and other interested parties. • It will also help provide objective measurements for all of our communities as we address continued growth at Sea -Tac Airport. Having a valid baseline will allow all parties a greater degree of accountability in future discussions. ?Ise Wareiteaed emay 266 Representative Timm Ormsby February 14, 2018 Page Two • The study is not tied to the Sustainable Airport MasterPlan (SAMP) or its immediate environmental documents, but will be very important when the project specific analyses are undertaken with future Airport projects (always need a baseline to measure change). • Having the State conduct this study (as they did in 1997) will provide a neutral and balanced approach and assure greater confidence in the final product and its future use by all parties. Matt Pina Mayor, City of Des Moines cc: Des Moines City Council Representative Mike Pellicciotti, 30th Legislative District Representative Tina L. Orwell, M.S.W. 33rd Legislative District Representative Mia Gregerson, 33rd Legislative District Senator Karen Keiser, 33rd Legislative District Conner Edwards, City of Des Moines Legislative Advocate City of Des Moines Aviation Advisory Committee Michael Matthias, City Manager, City of Des Moines Susan Cezar, Community Development Director and SEPA Official Mr. Ken Rogers Joseph Scorcio, City Manager, City of SeaTac 74 ?8aee aad e 66 75 267 RESOLUTION NO. 18-735 A RESOLUTION of the City of Federal Way, Washington, expressing support for a state budget proviso appropriation for fiscal year 2019 to fund an analysis of current and ongoing impacts associated with Sea -Tac International Airport aircraft operations on surrounding airport communities and their residents WHEREAS, Sea -Tac International Airport is the 9th busiest airport in the United States and the 6th fastest growing airport in the world; and WHEREAS, Sea -Tac is currently planning significant expansion to meet demand, but faces spatial constraints to growth that result in more intense direct impacts to those cities in proximity to the airport; and WHEREAS, the City of Federal Way is one of several cities located near Sea -Tac International Airport that are disproportionately impacted by airport operations through increased noise and air quality impacts; and WHEREAS, it is critical to assess these impacts to the cities negatively affected by increased airport operations, and having objective measurements for all communities impacted by airport operations will allow all parties a greater degree of accountability in future discussions; and WHEREAS, the fiscal year 2019 operating budgets passed by both the State Senate and the State House currently contain a proviso that would provide a state match from the general fund for the Department of Commerce to select a consultant to conduct an analysis of current and ongoing impacts associated with Sea -Tac International Airport aircraft operations on surrounding airport communities and their residents. Resolution No. 18-733 Page 1 of 3 268 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. The City Council of the City of Federal Way supports state efforts to fund a Department of Commerce study to analyze the current and ongoing community impacts of the Sea - Tac International Airport aircraft operations. Section 2. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 3. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 5. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this 6th day of March, 2018. Resolution No. 18-735 Page 2 of 3 77 269 ATTEST: l� - CITY OF FEDERAL WAY: JIM FERPkELL, MAYOR STEPFIAN1E COURTNEY, CNICI CITY CLERK APPROVED AS TO FORM: 3\,0J)2_ J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: 03/01/2018 PASSED BY THE CITY COUNCIL: 03/06/2018 RESOLUTION NO.: 18-735 Resolution No. 18-735 Page 3 of 3 270 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 07/23/18 RB _ CAT—C-'`:- ❑ Motion Mtg Date 07/23/18 RB r./ C k -j' 1 ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑council VI Mayor HR ❑DCD ❑Finance ❑Fire ❑TS ❑P&R Police ❑PIV ❑Court SPONSOR'S The Council is being asked to adopt an ordinance amending TMC 2.64 Sale of City Property SUMMARY to enable property to be sold through settlement agreements. Discussion will occur at the 7/23 C.O.W. and the Council is being asked to forward the ordinance for adoption to the Consent agenda of the Special Meeting that follows the C.O.W. RI.\'II:WED BY ❑ C.O.W. Mtg. ❑ CDN Comm ❑ Finance Comm. ❑ Public Safety Comm. ❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DA1'E: COMMITTEE CHAIR: N/A RECOMMENDATIONS: SPONSOR/ADMIN. Mayor's Office ITEM INFORMATION ITEM No. 4.F. & Spec 2.B. 271 STAFF SPONSOR: RACHEL BIANCHI J ORIGINAL AGENDA DATE: 7/23/18 AGENDA ITEM TITLE Amending TMC 2.64 Sale of City Property CXIEGORY 11 Mtg Discussion Date 07/23/18 ❑ Motion Mtg Date ❑ Resolution Mtg Date ►1 Meg Ordinance Date 07/23/18 ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑council VI Mayor HR ❑DCD ❑Finance ❑Fire ❑TS ❑P&R Police ❑PIV ❑Court SPONSOR'S The Council is being asked to adopt an ordinance amending TMC 2.64 Sale of City Property SUMMARY to enable property to be sold through settlement agreements. Discussion will occur at the 7/23 C.O.W. and the Council is being asked to forward the ordinance for adoption to the Consent agenda of the Special Meeting that follows the C.O.W. RI.\'II:WED BY ❑ C.O.W. Mtg. ❑ CDN Comm ❑ Finance Comm. ❑ Public Safety Comm. ❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DA1'E: COMMITTEE CHAIR: N/A RECOMMENDATIONS: SPONSOR/ADMIN. Mayor's Office COMMI IEP: This item was not discussed in committee COST IMPACT / FUND SOURCE EXPENoFFURI: REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 7/23/18 MTG. DATE ATTACHMENTS 7/23/18 Informational Memorandum dated 7/19/18 Ordinance in Draft Form 271 272 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Tukwila City Council FROM: Derek Speck, Economic Development Administrator CC: Mayor Ekberg DATE: July 18, 2018 SUBJECT: TMC 2.64 Sale of City Property ISSUE Staff recommends Council adopt an ordinance revising TMC 2.64 to enable the sale of property through settlement agreements. BACKGROUND Tukwila Municipal Code (TMC) 2.64 determines the City's process to sell property. The process requires a bidding process except in certain circumstances, such as when the Council has approved an alternative process for receiving offers. DISCUSSION Staff recommends the Council amend TMC 2.64 to enable the Council to approve the sale of property through settlement agreements. This could be a useful method in certain circumstances, such as when the City is negotiating settlement agreements with businesses being dislocated for the Public Safety Plan. A draft ordinance amending the TMC is attached. If the TMC is amended as proposed, Council approval to sell a specific piece of property would occur when the Council is approving a settlement agreement. FINANCIAL IMPACT This item has no budget impact. RECOMMENDATION The Council is being asked to discuss the ordinance at the July 23, 2018 Committee of the Whole meeting and place it on the Consent Agenda for approval at the subsequent Special Meeting that will occur the same night. ATTACHMENTS Draft ordinance 273 274 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 2468, AS CODIFIED IN TUKWILA MUNICIPAL CODE CHAPTER 2.64, AND REENACTING TUKWILA MUNICIPAL CODE CHAPTER 2.64 RELATED TO THE SALE OF CITY PROPERTY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council may determine that it is in the City's best interests to sell City property, whether real, personal, or mixed, such as a lot, parcel or portion of such lot or parcel; and WHEREAS, it is the responsibility of the Council to authorize the sale of such property and the responsibility of the Mayor to effect the transaction; and WHEREAS, Chapter 2.64 of the Tukwila Municipal Code currently requires City property to be sold after receiving bids or an alternative process; and WHEREAS, the City Council may determine that in certain situations the City's interests are better served by conveying ownership of its property through negotiation of a settlement agreement rather than selling the property by bids or an alternative process; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Chapter 2.64 Reenacted. Tukwila Municipal Code (TMC) Chapter 2.64 is hereby reenacted to read as follows: CHAPTER 2.64 SALE OF CITY PROPERTY Sections: 2.64.010 2.64.020 2.64.030 2.64.040 2.64.050 2.64.060 Authorization — Effecting Transfer of Property Conveyance Minimum Price Set Call for Bids — Exceptions Notice of Intent to Sell Opening Bids — Rejection Receipt of Acceptable Offers or Bids — Preparation of Instruments W. Word Processing\Ordinances\Sale of City Property 7-18-18.doc DS:bjs Page 1 of 3 275 Section 2. TMC Section 2.64.010 is hereby reenacted to read as follows: 2.64.010 Authorization — Effecting Transfer of Property Conveyance Whenever it shall appear to the Mayor and the City Council that it is for the best interests of the City and the people thereof that any lot, parcel, or portion of such lot or parcels is no longer needed and the property, whether real, personal, or mixed, belonging to the City, should be sold, it shall be the duty of the Council to authorize a sale of such property acting by and through the Mayor of the City, to cause to be effected the conveyance as necessary to transfer the property under the limitations and restrictions provided in this chapter and in State law. Section 3. TMC Section 2.64.020 is hereby reenacted to read as follows: 2.64.020 Minimum Price Set Subsequent to receipt of an assessment of the value of the property, the Council shall fix a minimum price at which such may be sold. No offer or bid shall be deemed acceptable that does not meet the minimum price fixed by the Council. Section 4. TMC Section 2.64.030 is hereby reenacted to read as follows: 2.64.030 Call for Bids — Exceptions The City Clerk shall cause a call for bids to be published relating to such property, and the City shall abide by the provisions of Tukwila Municipal Code Sections 2.64.040, 2.64.050, and 2.64.060, except when: 1. Selling to a governmental agency in the manner provided in the laws of the State of Washington; 2. The value of the property to be sold is less than $10,000.00; 3. The Council setting forth the facts by resolution has declared an emergency to exist; or 4. The Council has approved an alternative process for receiving offers, selecting the buyer and negotiating the price; or 5. The Council desires to dispose of the property pursuant to a settlement agreement- Section 5. TMC Section 2.64.040 is hereby reenacted to read as follows: 2.64.040 Notice of Intent to Sell The City Clerk shall give notice of the City's intention to make such sale by one publication in the official newspaper of the City; the City Clerk shall also cause notice of the City's intention to make such sales to be posted in the City's on-line Digital Records Center. Both posting and the date of publication must be at least five calendar days before the final date for submission of offers or bids. W Word Processing\Ordinances\Sale of City Property 7-18-18 doc DS.bjs Page 2 of 3 276 Section 6. TMC Section 2.64.050 is hereby reenacted to read as follows: 2.64.050 Opening Bids — Rejection Bids shall be opened in public at the time and place stated in such publication. The City Council may reject any and all bids, or the bid for any one or more of the parcels, real or personal, included in the aforesaid call for bids. Section 7. TMC Section 2.64.060 is hereby reenacted to read as follows: 2.64.060 Receipt of Acceptable Offers or Bids — Preparation of Instruments Upon receipt of an acceptable offer or bid relating to the property, the Council shall authorize the Mayor to cause necessary instruments to be prepared, and further authorizes the Mayor to execute such instruments. Section 8. Repealer. Ordinance No. 2468 is hereby repealed. Section 9. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 10. 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 11. 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 five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Special Meeting thereof this day of , 2018. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing\Ordinances\Sale of City Property 7-18-18.doc DS:bjs Page 3 of 3 277 278 Upcoming Meetings & Events July/August 2018 23rd (Monday) 24th (Tuesday) 25th (Wednesday) 26th (Thursday) 27th (Friday) 28th (Saturday) ➢ Transportation & Infrastructure Cmte , 5:30 PM (Ha=elnut Conference Room) City Council Committee ofrigs. the Whole Mtg., 7:00 PM (Council Chambers) C. O.W. to be immediately followed by a Special Meeting. > Community Development & Neighborhoods Cmte , 5:30 PM (Ha elnut Conference Room) See you in the Park 5:00 PM - 7:00 PM ( Tukwila Park) Tukwila Parks & Recreation invites you out to meet our staff! Food,games and recreational opportunities for all age groups! > Planning Commission, 6:30 PM (Council Chambers) Peanut Butter and Jam Family Performance Series FREE family fun, 1:00 PM (Community Center by the Spray Park) This week: Jeff Evans. FREE but we ask for a Peanut Butter or Jam donation to support our summer food drive. Touch -a -Truck Safety and Emergency Preparedness Fair 9.00 AM to 1 00 PM A (Westfield Southcenter (Wesf South Parking Lot) Expl➢ biggest heavy-dre uty A variety of exhibitors will also be on site wills summer safety tips and emergency preparedness information. FREE FUN! Tukwila Int'l. Blvd. Action Cmte's Trash Pickup Day 9:00 — 10:00 AM For location or information contact Sharon Mann 206-200-3616 30th (Monday) 31st (Tuesday) 1st (Wednesday) 2nd (Thursday) 3rd (Friday) 4th (Saturday) Southcenter 50 Celebration 6:00 - 8:00 PM Tickets $50 PP, benefiting Children's Hospital Visit the Southcenter 50 Facebook page for more information. Deadline to register your National Night Out event with the City. Visit: www,tukwilawa gov /NNO > Equity & Social Justice Commission, 5:15 PM (Ha=elnut Conference Room) Peanut Butter and Jam Family Performance Series FREE family fun, 1.00 PM (Community Center by the Spray Park) This week: Reptile Man. FREE but we ask for a Peanut Butter or Jam donation to support our summer food drive. Movie & Music Under the Stars Showing "Coco" (PG) Mariachi Fiesta Mexicana at 7'30 PM Movie begins at dusk (Tukwila Community Center) >Arts Commission: 3rd Wed , 5.00 PM, Tukwila Community Center Contact Tracy Gallaway at 206-767-2305. >Community Development and Neighborhoods Committee: 2nd & 4th Tues., 5:30 PM, Hazelnut Conf Room. Contact Laurel Humphrey at 206-433-8993 (A) Update on the grant for the 10 -Minute Walk. (Miscellaneous) 2018 Community Development and Neighborhoods Committee Work Plan. >COPCAB (Community Oriented Policing Citizens Adv. Board): 2nd Thurs., 6.30 PM, Duwamish Conference Room. Contact Chris Portman at 206-431-2197 ➢ Equity & Social Justice Commission: 1st Thurs., 5:15 PM, Hazelnut Conf Room. Contact Mia Navarro at 206-454-7564. ➢Finance Committee: 1st & 3rd Tues., 5:30 PM, Hazelnut Conf Room. Contact Laurel Humphrey at 206-433-8993 ➢ Park Commission: 2nd Wed., 5:30 PM, Community Center. Contact Robert Eaton at 206-767-2332. > Planning Commission/Board of Architectural Review: 4`s Thurs„ 6:30 PM, Council Chambers at City Hall, Contact Wynetta Btvens at 206-431-3670. >Public Safety Committee: 1st & 3rd Mon„ 5:30 PM, Hazelnut Conf Room Contact Laurel Humphrey at 206-433-8993 ➢ Planning Commission/Board of Architectural Review: 4'i' Thurs,, 6:30 PM, Council Chambers at City Hall. Contact Wynetta Bivens at 206-431-3670. ➢Tukwila Historical Society: 3rd Thurs., 7.00 PM, Tukwila Heritage & Cultural Center, 14475 5911i Avenue S. Contact Louise Jones -Brown at 206-244-4478 >Tukwila Int'l. Blvd. Action Cmte: 2nd Tues., 7:00 PM, Valley View Sewer District Contact Chief Linton at 206-433-1815. >Transportation and Infrastructure Committee: 2nd & 4th Mon , 5:30 PM, Hazelnut Conf Room Contact Laurel Humphrey at 206-433-8993. (A) Valley View Loop Sewer Transfer Area Ordinance to establish sewer connection requirements. (B) AT&T/New Cingula• Wireless Small Cell Technology Ordinance Franchise Agreement. (C) Mobilitte, LLC Small Cell Technology Ordinance Franchise Agreement. (D) South 140"' St. Intersection Improvements. (E) 5.3'd Ave S Speed Cushions. (F) 2018 Committee work plan. 279 Tentative Agenda Schedule MONTH MEETING 1 - REGULAR MEETING 2 - C.O.W. MEETING 3 - REGULAR MEETING 4 - C.O.W. July 2 9 16 23 See agenda packet cover sheet for this week's agenda: July 23, 2018 Committee of the Whole Meeting. August 6 Special Presentations. 13 Special Issues. 20 Special Presentation: 27 -Annual update from the Tukwila Library Advisory Board. -Update on Human Services. Appointments/Proclamations: -An ordinance establishing sewer connection requirements for "the Loop and Surrounding Area." An ordinance establishing regulations relating to compliance with federal immigration laws Introduction of summer interns. -National Night Out Against Crime. -Appointment to Human Services Advisory Board. Unfinished Business: -An ordinance establishing regulations to compliance with federal immigration laws. -True-up of carious contracts associated with the Public Safety Plan. -Commercial parking tax legislation. -An ordinance granting a non-exclusive franchise to New Cingular Wireless PCS, LLC, for the purpose of maintaining a telecommunications system in certain public rights-of- way in the City. --An ordinance granting a non-exclusive franchise to Mobilitie, LLC, for the purpose of maintaining a telecommunications system in certain public rights-of- way in the City. 280