HomeMy WebLinkAboutReg 2019-12-02 COMPLETE AGENDA PACKETTukwila City Council Agenda
• ❖ REGULAR MEETING ❖
Allan Ekberg, Mayor Counci/members: -:- Dennis Robertson -:• Verna Seal
. David Cline, City Administrator ❖ De'Sean Quinn ❖ Kate Kruller
Kathy Hougardy, Council President -:- Thomas McLeod •:- Zak Idan
Monday, December 2, 2019; 7:00 PM • Ord #2620 • Res #1973
1. CALL TO ORDER / PLEDGE OF ALLEGIANCE / ROLL CALL
2. SPECIAL
Preview of 2020 Legislative Session. David Foster, City Lobbyist.
P9.1
PRESENTATION
3. PUBLIC
At this time, you are invited to comment on items not included on this agenda
COMMENTS
(please limit your comments to rive 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. CONSENT
a. Approval of Minutes: 11/18/19 (Regular Mtg.)
AGENDA
b. Approval of Vouchers
c. Authorize the Mayor to sign an agreement with King County Metro for
Pg.9
Transportation Demand Management for 2020, in the amount of
$75,000.00. [Reviewed and forwarded to Consent by the Transportation
and Infrastructure Committee on 11119119. ]
d. Authorize the Mayor to sign Amendment No. 7 to contract #15-159 with
Pg.47
KPG, Inc., for the 53rd Avenue South Project, in the amount of
$176,278.00. [Reviewed and forwarded to Consent by the Transportation
and Infrastructure Committee on 11119119.]
e. Authorize the Mayor to sign a contract with Environmental Systems
Pg.61
Research Institute, Inc. (ESRI), for Geographic Information System
(GIS) services, in the amount of $55,000.00. [Reviewed and forwarded to
Consent by the Finance Committee on 11125119.]
f. Authorize the Mayor to sign an Interagency Agreement with the
Pg.75
Washington State Department of Commerce to accept House Bill 1923
grant funds to adopt a Housing Action Plan, in the amount of
$100,000.00. [Reviewed and forwarded to Consent by the Community
Development and Neighborhoods Committee on 11126119.]
5. UNFINISHED
a. A resolution adopting a Legislative Agenda for use during the 2020
Pg.97
BUSINESS
Washington State Legislative Session.
b. A resolution authorizing the use of a Master License Agreement template
Pg.101
to be used to establish an agreement with franchisees of the City.
c. Authorize the Mayor to sign a contract with Superion, LLC, to migrate
Pg.139
the TRAK-iT permitting system to CentralSquare Technologies' hosted
cloud environment, in the amount of $160,375.13.
d. A resolution authorizing adoption of a Title VI Program and the reporting
P9.185
requirements as required by the Federal Transit Administration.
(continued...)
REGULAR MEETING
Monday, December 2, 2019
Page 2
5. UNFINISHED
e. An ordinance renewing a six-month moratorium within the Tukwila
Pg.197
BUSINESS
International Boulevard Study area in the City of Tukwila on the
(cont.)
development of certain uses such as hotels, motels, extended -stay
facilities, or auto -oriented uses.
f. An ordinance amending Ordinance No. 2597, which adopted the City
Pg.207
of Tukwila's biennial budget for the 2019-2020 biennium, and
Ordinance No. 2602, which amended that budget, to adopt an amended
mid -biennium budget.
g. Authorize the Mayor to sign Amendment No. 2 to contract #18-197
Pg.215
with SHKS Architects for the Public Safety Plan — Public Works Shops
facility —Phase 1, in the amount of $570,768.00.
Y Please refer to 11125118 CO. W. packet. Q
h. A resolution allowing for the administrative variance to Tukwila
Pg.217
Municipal Code Chapter 16.52 and allowing for the wet-floodproofing
of improvements to the Starfire Athletic Center.
i. An ordinance amending Ordinance Nos. 2521 §2, 2305 §2 and 2111 §1
Pg.221
(part), as codified in various sections of Tukwila Municipal Code Chapter
9.48, "Concurrency Standards and Transportation Impact Fees," to
update fees and fee calculation language; repealing Ordinance No. 2156.
j. A resolution adopting applicable Performance Policy, Standards and
Pg.229
Objectives outlined in RCW 35.103 as the Tukwila Fire Department's
Emergency Resource Deployment and Response Time objectives.
6. NEW BUSINESS
7. REPORTS
a. Mayor
b. City Council
c. Staff — City Administrator Report and
Pg.245
Monthly Public Safety Plan update
d. City Attorney
e. Council Analyst
8. MISCELLANEOUS
9. EXECUTIVE SESSION — Potential Property Acquisition — Pursuant to RCW 42.30.110(1)(b) — 15minutes
Potential action to follow in the open meeting.
10. 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('OTukwilaWA.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
When recognized by the Presiding Officer to address the Council, please go to the podium and state your
name and address clearly for the record. Please observe the basic rules of courtesy when speaking and limit
your comments to 5 minutes. The Council appreciates hearing from citizens and members of the public, and
may not be able to answer questions or respond during the meeting.
PUBLIC COMMENTS
Members of the public are given the opportunity to address the Council on items that are NOT included on
the agenda during PUBLIC COMMENTS. Please limit your comments to 5 minutes. If you have a
comment on an Agenda item, please wait until that item comes up for discussion to speak on that topic.
SPECIAL MEETINGS/EXECUTIVE SESSIONS
Special Meetings may be called at any time with proper public notice. Procedures followed are the same as
those used in Regular Council meetings.
Executive Sessions may be called to inform the Council of pending legal action, financial, or personnel
matters as prescribed by law. Executive Sessions are not open to the public.
PUBLIC HEARINGS
Public Hearings are required by law before the Council can take action on matters affecting the public
interest such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2,04.150 of the
Tukwila Municipal Code states the following guidelines for Public Hearings:
The proponent shall speak first and is allowed 15 minutes for a presentation.
2. The opponent is then allowed 15 minutes to make a presentation.
3. Each side is then allowed 5 minutes for rebuttal.
4. Members of the public who wish to address the Council may speak for 5 minutes each. No one may
speak a second time until everyone wishing to speak has spoken.
5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the
question, but may not engage in further debate at that time.
6. After the Public Hearing is closed and during the Council meeting, the Council may choose to discuss
the issue among themselves, or defer the discussion to a future Council meeting, without further public
testimony. Council action may only be taken during Regular or Special Meetings.
COUNCIL MEETING SCHEDULE
No Council meetings are scheduled on the 5th Monday of the month unless prior public notification is given.
Regular Meetings - The Mayor, elected by the people to a four-year term, presides at all Regular Council
Meetings held on the 1 st and 3rd Mondays of each month at 7:00 p.m. and Special Meetings. Official
Council action in the form of formal motions, adopting of resolutions and passing of ordinances can
only be taken at Regular or Special Council meetings.
Committee of the Whole Meetings - Councilmembers are elected for a four-year term. The Council
President is elected by the Councilmembers to preside at all Committee of the Whole meetings for a
one-year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m.
Issues discussed there are forwarded to Regular or Special Council meetings for official action.
C)
O
C-
O
N
• —
O
O
Ln
v)
N
CV
a- J
V)
O
�
�
�
M
N
�
>
>'
m
O
i
i
V)
ro
co
O
a�
N2
E-
Q
�
+_�
a)
a�
N
p
a- J
c/�w
OUP
r
L
C
N
LA
2
L
4—J
L
rd
.�
0—
V
A
�
W
Z
�
�
Lfl
CV
LA
aV
u
O
dJ
+-J
c� 4)
4—J V)
O
�L T
W
O�
^A 4
W
N
�V
V) 4—J
O
N 4�
O LA
N
3
J a- J
CU
� •4,
W
� — O
4J
C ._
° V V) QL
F
� 0
0LO Ln m
l 4
F (3.)
O T O
4-J i i ii
O O aJ
4-J
C:
rJ O
N O
-0 Lu
0 V
11
I
Ln
Ln
O
"IRO
0 a >
00 > O
ai •�
MLn ��
I� o CV —_
rIA
Ln un Ln
i r--- i V00
0
^ co O co — -�-j
I� N -007-
M� �
N -0 E S
Ln -0
Ln •a- J dJ N
N 0 n un O O
f� O
p c O "1
.61
•� cn O 0 - 0
. L/)
kpq b4l5f�kOq 4-J 4-J
Ln 4-J
�n a1roO
ro
a_ U
5
CU
• O
O a- J
'a-
J
Ln
O
y
E U
Imo}
IA
s
aj
•�
U
0 E
s amm"A
O
U
a-J
U
4-1
'Z+
�4-�
=3
Ln 4-j
czv)..
t
U
L�
._
L„ ' >
� Du
�
LL•
a
Q
ate■+
4-J
O
—
O
O
4-,
O
E
E
u
O
J
E
=
v)
=3 i�.o
ma) N
>�
O c�
� n 0
O Ln
■
UOOLn
• O .,
_ L Ln
-j �--+
a�-OEE
EN w
,Em�Q
�
O
� O
Ln
Ln '
j N
=3 a■■, a�
LnE��
3:w
fz-0-. -_
s •-
6
',z O
o�
_0 4-J rz 4�
4-J U •4-J 4�
�
.O •O .�
O O rd 4-J
rd � Q : V
a_' O
lfl s N t
Ln L Q
� Q
s L O a- J
�' • — 4-' Ln
�n �� � c�� O��
O .0 u V O O P
tnc� E ��"Qu
Qu �QU���
S
COUNCIL AGENDA SYNOPSIS
Initials
Meeliaq Dale
Prepared
tlla};'j, ret,iem
Council r uiew
12/02/19
AT
AMC —
ITEM INFORMATION
ITEM NO.
4.C.
Sill\FF SPONSOR: ALISON TURNER
12/02/19
AGI?NDA IIVNI TI'll. ; King County Metro Transportation Demand Management Agreement 2020
CXVI`GORY ® Di.rcussiol
Mlg Date 11/25/19
❑ Motion
Mtg Dale
® Resolulion
lltg Date 12/2/19
❑ Ordinance
Altg Dale
❑ Bid -Award
Mtg Dale
❑ Public Hearing
Adlg Date
❑ Other
lltg Date
SPONSOR ❑Council [:]Mayor ❑HR ®DCD ❑Finance ❑Fire ❑TS ❑P6'R ❑Police ❑PIV ❑Court
SPONSOR'S The Transportation Demand Management (TDM) Program is asking for approval to accept
SUIrnIARY passthrough funding from King County Metro in the amount of $75,000 to continue TDM
outreach services in south King County through November 30, 2020. The funding source is
a TDM Corridor Strategies Supporting Centers federal Congestion Mitigation and Air Quality
grant.
RI?VIliWF;D BY ❑ C.O.W. Nftg. ❑ CDN Comm ❑ Finance Comm. ❑ Public Safety Comm.
® Trans &Infrastructure ❑ arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 11/19/19 COMMIT' EE CHAIR: IDAN
RECOMMENDATIONS:
SPONSOR/AD,IIN. Department of Community Development
CO�lnlrrrrr Unanimous Approval, Forward to Consent Agenda
COST IMPACT / FUND SOURCE
EPI?NDrCURI? RL';C)UIRI'.D AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $0 $0
Fund Source:
Comments: No impact to the genera/ fund
MTG. DATE
RECORD OF COUNCIL ACTION
12/02/19
MTG. DATE
ATTACHMENTS
12/02/19
Informational Memorandum dated 11/15/19
King County Metro Transportation Demand Management Agreement 2019-2020
Minutes from the 11/19 Transportation & Infrastructure Committee meeting
9
10
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Transportation and Infrastructure Committee
FROM: Jack Pace, Department of Community Development Director
BY: Alison Turner, Sustainable Transportation Program Manager,
Chris Andree, Sustainable Transportation Outreach Coordinator
CC: Mayor Ekberg
DATE: November 15, 2019
SUBJECT: King County Metro Transportation Demand Management Agreement 2020
ISSUE
The Transportation Demand Management (TDM) Program is asking for approval to accept
passthrough funding from King County Metro. The funding source is a TDM Corridor Strategies
Supporting Centers federal Congestion Mitigation and Air Quality grant. Funding will be used to
continue implementation of Transportation Demand Management (TDM) activities in south King
County.
BACKGROUND
The City of Tukwila TDM Program was previously awarded King County passthrough funding in
2016/17 and 2017/19 to enhance TDM services in south King County. TDM Program staff
implemented outreach on behalf of King County Metro's Just One Trip campaign to encourage
anyone who lives, works, or spends time in the target south King County jurisdictions to
consider trying an alternative commute or travel mode.
DISCUSSION
A new funding opportunity has been offered to the City's TDM Program to continue TDM
outreach services in south King County through November 30, 2020, Additionally, Metro
requested the City adopt a special transit Title VI Program to be eligible as a sub -grantee of
King County. TDM services and outreach will be provided at activity centers (e.g. business
parks, commercial and residential multi -tenant buildings, educational institutions). A key strategy
is to develop partnerships with embedded organizations in the community to facilitate more
effective outreach and improve long-term program outcomes.
FINANCIAL IMPACT
There will be no impact to the general fund.
RECOMMENDATION
Council is being asked to approve the King County Metro contract for the Transportation
Demand Management Program in the amount of $75,000 and consider this item on the Consent
Agenda at the December 2, 2019, Regular Meeting.
ATTACHMENTS
Attachment A: King County Metro Transportation Demand Management Agreement 2019-2020
11
12
TRANSPORTATION DEMAND MANAGEMENT AGREEMENT
BETWEEN
THE CITY OF TUKWILA
AND
KING COUNTY
This Transportation Demand Management Agreement is made and entered into by and between
the City of Tukwila, a Washington municipal corporation (the "City") and King County, a home
rule charter county of the State of Washington, through the Metro Transit Department (the
"County"), either of which entity may be referred to hereinafter individually as "Party" or
collectively as the "Parties."
Whereas, the County is obligating a grant from the Federal Transit Administration (FTA)
(Award 1731-2019-04) Congestion Mitigation Air Quality ("CMAQ") Section 5307 — TDM
Corridor Strategies Supporting Centers for multi -modal transportation project planning and
demonstration programs, in order to reduce drive -alone vehicle travel and increase high
occupancy vehicle use to help reduce energy consumption, air pollution and traffic congestion.
The Catalogue of Federal Domestic Assistance number for this grant is 20.507, and the County
intends to use these grant funds to reimburse the City for work performed in accordance with the
terms and conditions of this Agreement; and
Whereas, such projects and programs include strategies known as transportation demand
management ("TDM") which may encompass incentives, outreach, promotions, website
development and maintenance, materials and services that facilitate travel by public
transportation, shared rides, bicycling, walking and teleworking; and
Whereas, the City and the County provide such TDM programs to commuters, students and
residents directly or through employers, schools and/or property managers; and
Whereas, the City's Transportation Demand Management program (the "Program"), including
activities conducted through the City's transportation options brand, has been effective in
reducing drive -alone trips in Tukwila; and
Whereas, the City and County have continued to adapt and demonstrate these strategies through
the Program by adding new market segments and new approaches to Tukwila area residents and
workers;
NOW THEREFORE, in consideration of the terms, conditions and covenants contained herein,
the Parties agree as follows:
2019-2020 Transportation Demand Management Agreement
Between the City of Tukwila and King County
Page 1 of 32
13
1. PURPOSE OF AGREEMENT
The purpose of this Agreement is to establish a mutually beneficial arrangement between the
City and the County that will help both Parties realize their respective TDM objectives. This
Agreement also creates a mechanism to allow the County to reimburse the City for costs incurred
to perform the tasks and implement the programs described in the Scope of Work ("SOW"), as
set forth in Exhibit A, which is attached and incorporated herein. In consideration of the City's
performance of the tasks and responsibilities set forth in the SOW, the County will provide the
City up to $75,000 in grant fiends.
2. AGREEMENT TERM AND MODIFICATIONS
This Agreement shall be effective upon signature by both Parties, and shall remain in effect
unless otherwise terminated through November 30, 2020. If mutually agreed, the Agreement
may be extended by written amendment for up to an additional two (2) years. Exhibits and
attachments may be modified at that time as mutually agreed by the Parties. Any extension shall
be made in writing in accordance with Section 14 of the Agreement. The County will enter into
or extend this Agreement only on the condition that all City accounts with the County are
current.
3. CITY'S RESPONSIBILITIES
The City shall furnish the necessary personnel, equipment, material and/or services and
otherwise do all things necessary for or incidental to the performance of the work required as
related to program performance associated with the SOW in Exhibit A. The program tasks,
timelines and budget are stated in Exhibit A.
4. COUNTY'S RESPONSIBILITIES
The County will reimburse the City for actual costs incurred to satisfactorily perform the tasks
and implement the Program as provided for in the SOW. In no event shall the total
reimbursement made by the County to the City for work performed pursuant to this Agreement
exceed $75,000 (the "Reimbursement Cap").
S. INVOICE AND PAYMENT PROCEDURES
The City shall submit completed invoice(s) to the County detailing expenses, quarterly activities,
outcomes and metrics within thirty (30) calendar days following each quarter's end and by
December 15, 2020. The County shall pay the City within fifteen (15) calendar days after the
County has received completed invoices.
In no event will the total amount of the initial investment and quarterly payments exceed the
Reimbursement Cap specified at Section 4 of this Agreement without the Parties mutually
agreeing to amend this Agreement in accordance with Section 14 of the Agreement.
2019-2020 Transportation Demand Management Agreement
Between the City of Tukwila and King County
Page 2 of 32
14
6. FEDERAL REQUIREMENTS
A. This Agreement is subject to a financial assistance agreement between the County and the
FTA. The City shall comply with all applicable federal laws, regulations, policies,
procedures and directives, including but not limited to the following, which are attached
hereto or incorporated herein by this reference:
1. 2 CFR Part 200.300 through 2 CFR Part 345, contained in Subpart D, Unifonn
Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards. The text is available at: https•//www gpo og v/fdsys/pkg/CFR-2015-title2-
vol 1 /xml/CFR-2015-title2-vol l .xml#segnum200.300
2. 2 CFR Part 200.400 through 2 CFR Part 200.475, contained in Subpart E, Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards. The text is available at: https://www.gpo.gov/fdsys/pkg/CFR-2015-title2-
vol l /xml/CFR-2015-title2-vol l .xml#segnum400.1
3. The requirements and obligations imposed on a "Recipient" under the applicable
provisions of the FTA Master Agreement. The Master Agreement text is available at:
https://www.transit. dot gov/funding/grantee-resources/sample-fta-agreements/fta-master-
agreement-fiscal-year-2018
4. The requirements of FTA Circular 5010.1E Project Administration and Management.
Circular 5010.1E text is available at:
https•//www transit dot og v/reg_ulations-and-guidance/fta-circulars/award-management-
requirements-circular-50101 e
5. If the City contracts with a third party to provide all or a portion of the services
described in this Agreement, then the City shall comply with FTA Circular 4220.1F.
Circular 4220.1F text is available at:
https•//www transit dot gov/regulations-and-guidance/fta-circulars/third-party-
contracting-guidance
6. Applicable FTA Third Party Contract Provisions — Standard Terms and Conditions. The
text is attached as Exhibit B.
B. New federal laws, regulations, policies, procedures and directives may be adopted after the
date this Agreement is established and may apply to this Agreement. The City agrees to accept
and comply with all applicable laws, regulations, policies, procedures and directives as may be
amended or promulgated from time to time during the tern of this Agreement.
C. The City shall not perform any act, fail to perform any act, or refuse to comply with any
requests by the County which would cause the County to be in violation of any federal law or
FTA requirement. The City's failure to so comply with this Section shall constitute a material
breach of this Agreement.
2019-2020 Transportation Demand Management Agreement
Between the City of Tukwila and King County
Page 3 of 32
15
D. The County and City acknowledge and agree that, notwithstanding any concurrence by the
Federal Government in or approval of the solicitation or award of this Agreement, absent the
express written consent by the Federal Govermnent, the Federal Government is not a party to this
Agreement and shall not be subject to any obligations or liabilities to the County, City, or any
other party (whether or not a party to this Agreement or any Agreement awarded pursuant
thereto) pertaining to any matter resulting from this Agreement.
E. The City agrees to extend application of the federal requirements to its subrecipients or
contractors, and their respective subcontractors, by including this Section and the related exhibits
in each contract and subcontract the City awards under this Agreement financed in whole or in
part with Federal assistance provided by FTA. It is further agreed that this Section shall not be
modified, except to change the names of the parties to reflect the subrecipient or contractor
which will be subject to its provisions.
F. The City acknowledges that the provisions of the Program Fraud Civil Remedies Act of
1986, as amended, 31 U.S.C. 3801, et sec., and U.S. DOT regulations, "Program Fraud Civil
Remedies," 49 CFR Part 31, apply to its actions pertaining to the work under this Agreement.
Upon execution of this Agreement, the City certifies or affirms the truthfulness and accuracy of
any statement it has made, it makes, it may make, or causes to be made, pertaining to this
Agreement or the FTA-assisted project for which this work is being performed. In addition to
other penalties that may be applicable, the City further acknowledges that if it makes, or causes
to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the
Federal Government reserves the right to impose the penalties of the Program Fraud Civil
Remedies Act of 1986 on the City to the extent the Federal Government deems appropriate.
The City also acknowledges that if it makes, or causes to be made, a false, fictitious, or
fraudulent claim, statement, submission, or certification to the Federal Government under
a contract connected with a project that is financed in whole or in part with Federal
assistance originally awarded by FTA under the authority of 49 U.S.C. 5307, the
Government reserves the right to impose the penalties of 18 U.S.C. 1001 and 49 U.S.C.
5323(1)(1) on the City, to the extent the Federal Government deems appropriate.
2. The City agrees to include the language in Section F and Section F(1) above in each
contract and subcontract it awards under this Agreement financed in whole or in part with
Federal assistance provided by FTA. It is further agreed that the clauses shall not be
modified, except to identify the contractor or subcontractor who will be subject to the
provisions.
G. Certification Regarding Debarment, Suspension and Other Responsibility Matters
This Contract is a covered transaction for purposes of 2 CFR part 1200. As such, the City is
required to verify that none of the City, its principals, as defined at 49 CFR 29.995, or affiliates,
as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and
29.945. The City is required to comply with 2 CFR 1200, Subpart C and must include the
2019-2020 Transportation Demand Management Agreement
Between the City of Tukwila and King County
Page 4 of 32
16
requirement to comply with 2 CFR 1200, Subpart C in any lower tier covered transaction it
enters into. By signing and submitting this Contract, the City certifies as follows:
The certification in this clause is a material representation of fact relied upon by King
County. If it is later determined that the City knowingly rendered an erroneous
certification, in addition to remedies available to King County, the Federal Government
may pursue available remedies, including but not limited to suspension and/or debarment.
The City agrees to comply with the requirements of 2 CFR 1200, Subpart C while this
offer is valid and throughout the period of any work or service that may arise from this
Contract. The City further agrees to include a provision requiring such compliance in its
lower tier covered transactions.
H. Because the County is sub -granting $25,000 or more of pass -through Federal Transit
Administration funds, the County must comply with the reporting requirements of The Federal
Funding Accountability and Transparency Act (FFATA or Transparency Act - P.L.109-282., as
amended by section 6202(a) of P.L. 110-252). The FFATA prescribes specific data to be
reported and the County hereby agrees to report sub -award data into the website
www.USASpending_gov via www.fsrs.gov. The City agrees to provide the County with the
information required in this paragraph within 30 calendar days from the execution date of this
Agreement:
a. Location of the City (physical address(es), including congressional district(s));
and
b. Place of performance (physical address(es), including congressional district(s));
and
c. Unique identifier of the City and its parent (DUNS Number, a unique nine -digit
number issued by Dun & Bradstreet (D&B) to a single business entity assigned to
each business location in the D&B database having a unique, separate, and
distinct operation for the purpose of identifying it); and
d. Total compensation and names of top five executives IF BOTH of the following
apply:
i. More than 80% of the City's gross annual revenues are from the federal
government, and those revenues are greater than $25,000,000 annually,
and
ii. Compensation information is not already available through reporting to
the Securities and Exchange Commission.
L The City agrees to provide the County with its Federal Central Contractor Registration
number within 30 calendar days of the execution of this Agreement. If it has not already
registered, the City agrees to register with the Federal Central Contractor Registration at
https://www.sam.gov/portal/public/SAM/ (formerly www.CCR.gov) and provide the County
with the registration number within 30 calendar days from the execution date of this Agreement.
Exceptions may be made on a case -by -case basis upon approval by the County.
J. The City agrees to provide the County with a copy of its Title VI implementation plan in
accordance with FTA Circular 4702.1B, Chapter III, Section 11. If the City does not have a Title
2019-2020 Transportation Demand Management Agreement
Between the City of Tukwila and King County
Page 5 of 32
17
VI plan, the County and the City agree to work together to sufficiently document the City's
adoption of the County's Title VI plan, or in the alternative, the City's implementation of its own
Title VI plan.
K. In accordance with FTA Circular 4702.1B, Chapter II, Section 2, and by signing this
Agreement, the City certifies that it will comply with Title VI of the Civil Rights Act, as
amended, 42 U.S.C. § 2000d, U.S. Department of Justice "Guidelines for enforcement of Title
VI, Civil Rights Act of 1964, 28 CFR §50.3, U.S DOT regulations, "Nondiscrimination in
Federally -Assisted Programs of the Department of Transportation — Effectuation of Title VI of
the Civil Rights Act of 1964," 49 CFR part 21.
7. DISPUTE RESOLUTION PROCESS
7.1 Designated Dispute Resolution Representatives. The following individuals are the
Designated Representatives for the purpose of resolving disputes that arise under this
Agreement:
For the County
Carol Cooper
Mobility Innovations Managing Director
Metro Transit Department
201 South Jackson Street,
M/S KSC-TR-0411
Seattle, WA 98104
(206) 477-5871
carol.cooper @kinE
For the City
Vicky Carlsen, Finance Director
City of Tukwila
6200 Southcenter Blvd.
Tukwila, WA 98188
(206) 433-1839
Vicky.Carlsen@TukwilaWA.gov
7.2 The County representative and the City representative shall confer to resolve disputes that
arise under this Agreement as requested by either Party. The designated representatives
shall use their best efforts and exercise good faith to resolve such disputes.
7.3 In the event the Designated Representatives are unable to resolve the dispute, the
appropriate City Administrator or her/his designee and the Assistant General Manager of
the County's Metro Transit Division or her/his designee shall confer and exercise good
faith to resolve the dispute.
7.4 In the event the City Administrator and the Assistant General Manager of Metro Transit
are unable to resolve the dispute, the Parties may, if mutually agreed in writing, submit
the matter to non -binding mediation. The Parties shall then seek to mutually agree upon
the mediation process, who shall serve as the mediator, and the time frame the Parties are
willing to discuss the disputed issue(s).
7.5 If the Parties cannot mutually agree as to the appropriateness of mediation, the mediation
process, who shall serve as mediator, or the mediation is not successful, then either Party
2019-2020 Transportation Demand Management Agreement
Between the City of Tukwila and King County
Page 6 of 32
iff
may institute a legal action in the King County Superior Court, situated in Seattle,
Washington, unless another venue is mutually agreed to in writing.
7.6 The Parties agree that they shall have no right to seek relief in a court of law until and
unless each of the above procedural steps has been exhausted.
8. TERMINATION
8.1 Termination for Convenience. Either Party may terminate this Agreement upon thirty
(30) days' written notice to the other Party. In the event of termination of this
Agreement, the Parties shall be liable only for performance rendered or costs incurred in
accordance with the terms of this Agreement prior to the effective date of termination.
8.2 Termination for Cause. If either Party does not fulfill in a timely and proper manner its
obligations under this Agreement, or if either Party violates any of these terms and
conditions, the aggrieved Party will give the other Party written notice of such failure or
violation. The responsible Party will be given the opportunity to initiate a correction of
the violation or failure within fifteen (15) calendar days. If failure or violation is not
corrected within the mutually agreed upon time period, this Agreement may be
terminated immediately by written notice of the aggrieved Party to the other.
8.3 Termination for Non -Appropriation or Loss of Grant Funding. This Agreement is
contingent upon federal grant funding and local legislative appropriations. As such, in
addition to termination for default or convenience, the County may terminate this
Agreement for non -appropriation or loss of grant funding by giving not less than thirty
(30) calendar days' written notice thereof to the City.
9. LEGAL RELATIONS
9.1 No Third Party Beneficiaries. It is understood that this Agreement is solely for the
benefit of the Parties hereto and gives no right to any other person or entity.
9.2 No Partnership or Joint Venture. No joint venture, agent -principal relationship or
partnership is formed as a result of this Agreement.
9.3 Independent Capacity. The employees or agents of each Party who are engaged in the
performance of this Agreement shall continue to be employees or agents of that Party and
shall not be considered for any purpose to be employees or agents of the other Party.
9.4 Jurisdiction and Venue. The King County Superior Court, situated in Seattle,
Washington, shall have exclusive jurisdiction and venue over any legal action arising
under this Agreement.
9.5 Mutual Negotiation and Construction. This Agreement and each of the terms and
provisions hereof shall be deemed to have been explicitly negotiated between, and
2019-2020 Transportation Demand Management Agreement
Between the City of Tukwila and King County
Page 7 of 32
19
mutually drafted by, both Parties, and the language in all parts of this Agreement shall, in
all cases, be construed according to its fair meaning and not strictly for or against either
Party.
9.6 Assignment. Neither this Agreement, nor any interest herein, may be assigned by either
Party without the prior written consent of the other Party.
9.7 Compliance with Applicable Laws. The Parties agree to comply with all applicable federal,
state, and local laws, rules, and regulations, including those pertaining to nondiscrimination, and
agree to require the same of any subcontractors providing services or performing any work
related to the Program using finds provided under this Agreement.
10. FORCE MAJEURE
Either Party to this Agreement shall be excused from performance of its responsibilities and
obligations under this Agreement, and shall not be liable for damages due to failure to perform,
during the time and to the extent that it is prevented from performing by a cause directly or
indirectly beyond its control, including, but not limited to: late delivery or nonperformance by
vendors of materials or supplies; any incidence of fire, flood, snow, earthquake, or acts of nature;
strikes or labor actions; accidents, riots, insurrection, terrorism, or acts of war; order of any court
or civil authority; commandeering material, products, or facilities by the federal, state or local
government; or national fuel shortage; when satisfactory evidence of such cause is presented to
the other Party to this Agreement, and provided that such non-performance is beyond the control
and is not due to the fault or negligence of the Party not performing.
11. INDEMNIFICATION
Both Parties shall protect, defend, indernnify and save harmless each other, their officers,
employees, and agents while acting within the scope of their employment as such, from any and
all costs, claims, judgments, and/or awards of damages, arising out of or in any way resulting
from either Party's negligent acts or omissions in performing their obligations under this
Agreement. The Parties agree that they are frilly responsible for the acts and omissions of their
own contractors, subcontractors, employees, and agents, acting within the scope of their
employment as such, as they are for the acts and omissions of its own employees and agents.
The Parties agree that their obligations under this provision extend to any claim, demand, and/or
cause of action brought by or on behalf of any of their employees or agents. The foregoing
indemnity is specifically and expressly intended to constitute a waiver of both Parties immunity
under Washington's Industrial Insurance Act, RCW Title 51, as respects the Parties only, and
only to the extent necessary to provide the Parties, their officers, employees, and agents with a
full and complete indemnity of claims made by the Parties employees. The Parties acknowledge
that these provisions were specifically negotiated and agreed upon by them. The provisions of
this Section 11 shall survive the expiration or earlier termination of this Agreement.
2019-2020 Transportation Demand Management Agreement
Between the City of Tukwila and King County
Page 8 of 32
20
12. WAIVER
A failure by either Party to exercise its rights under this Agreement shall not preclude that Party
from subsequent exercise of such rights and shall not constitute a waiver of any other rights
under this Agreement unless stated to be such in a writing signed by an authorized representative
of the Party and attached to the original Agreement.
13. SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference
shall be held invalid, such invalidity shall not affect the other provisions of this Agreement
which can be given effect without the invalid provision, if such remainder conforms to the
requirements of applicable law and the fundamental purpose of this Agreement, and to this end
the provisions of this Agreement are declared to be severable.
14. CHANGES AND MODIFICATIONS
This Agreement may be changed, modified, or amended only by written agreement executed by
authorized representatives of both Parties.
15. REPRESENTATION ON AUTHORITY OF SIGNATORIES
The signatories to this Agreement represent that they have the authority to bind their respective
organizations to this Agreement.
16. ALL TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the Parties. No other
understandings, oral or otherwise, regarding the subject matter of this Agreement shall be
deemed to exist or to bind any of the Parties hereto.
17. CONTRACT MANAGEMENT
The contact persons for the management of this Agreement (the "Contract Managers") are
identified and their contact information is provided herein and may be updated by either Party
for their agency only and shall be submitted in writing or electronic mail to the other Party. Any
update to the Contract Managers' information shall state the effective date of said update.
2019-2020 Transportation Demand Management Agreement
Between the City of Tukwila and King County
Page 9 of 32
21
Contract Manager
King County Metro
City of Tukwila
Contact Name
Debbie Jaksich
Alison Turner
Title
Program/Project Manager III
Sustainable Transportation Program
Market and Business
Manager
Development Group
Address
201 S. Jackson St.
6300 Southcenter Blvd #100
M/S KSC-TR-0411
Tukwila, WA 98188
Seattle, WA 98104
Telephone
206-477-5836
206-433-7142
E-Mail
debbie jaksich kin count ov
Alison.Turner TukwilaWA. ov
18. RECORDS RETENTION AND AUDIT
18.1 During the progress of the work and for a period of not less than six (6) years from the
date of final payment by the County, the City shall keep available for inspection and audit
by the County and the federal government the records pertaining to the Agreement and
accounting therefore. Copies of all records, documents or other data pertaining to
performance of the Agreement will be furnished upon request. If any litigation, claim or
audit is cormnenced related to performance of the Agreement, the records along with
supporting documentation shall be retained until all litigation, claims and/or audit
findings have been resolved even though such litigation, claim or audit continues past the
six -year retention period.
18.2 All Agreement costs must be documented including copies of invoices and time sheets
showing hours worked and rates, or financial system expense reports documenting these
items.
18.3 The County, the U.S. Department of Transportation, the FTA, the State Auditor, and the
Inspector General and any of their duly authorized representatives shall have full access
to and right to examine, during normal business hours, all City records with respect to all
matters covered by this Agreement. Such representatives shall be permitted to audit,
examine and make excerpts or transcripts from such records, and other matters covered
by this Agreement.
18.4 Unless already published and available at the federally appointed online, accessible audit
reporting database the City agrees to submit to the County, a copy of the City's A-133
Single Audit report when requested by the County for sub recipient monitoring purposes.
2019-2020 Transportation Demand Management Agreement
Between the City of Tukwila and King County
Page 10 of 32
22
19. EXECUTION OF AGREEMENT
This Agreement may be executed in multiple counterparts, any one of which shall be regarded
for all purposes as an original.
IN WITNESS THEREOF the Parties hereto have executed this Agreement by duly authorized
representatives on the dates shown below their respective signatures.
KING COUNTY
By: By:
Chris O' Claire
Assistant General Manager
Metro Transit Department
Date: Date:
Approved as to form
Grants Office
2019-2020 Transportation Demand Management Agreement
Between the City of Tukwila and King County
Page 11 of 32
CITY OF TUKWILA
Allan Ekberg, Mayor
City of Tukwila
Approved as to form
City Attorney
23
ATTACHMENT A
2020 City of Tukwila Scope of Work
January 1, 2020 — December 31, 2020
TDM Corridor Strategies Supporting Centers
The purpose of the TDM Corridor Strategies Supporting Centers grant is to provide
Transportation Demand Management (TDM) services along the I-405, I-5, SR-99 and SR-167
corridors and surrounding arterials to reduce congestion and increase mobility. The program will
promote the use of sustainable transportation alternatives to driving alone through outreach,
marketing, incentives, education, assistance, and information.
The City will provide TDM services for travelers with an origin or destination in the cities of
Tukwila, Renton, Kent, and SeaTae through an extension of their Regional Mobility Grant
(RMG) program and the City's TDM program.
The City and the County will mutually agree on messaging that will be included on program
materials for marketing and outreach purposes.
These services will be provided for the time period beginning with the execution of the
agreement and ending November 30, 2020.
Scope of Services
The City of Tukwila TDM Program will target residents, employees and employers for whom
sustainable transportation alternatives are a viable option. As described below, the program will:
• Educate residents, employees and students on sustainable transportation alternatives to
driving alone;
• Provide rewards and incentives related to sustainable transportation options;
• Work to improve people's perceptions of these options;
• Inform residents, employees and students of Redmond -Kent -Auburn Area Mobility Plan
news and engagement opportunities, such as RapidRide I line outreach, and work to
increase ORCA card usage;
• Explore options for amenities such as bike lockers, bike racks, bike repair stations,
wayfinding signage, etc.;
• Communicate the goals of keeping traffic moving and other topics related to road
construction and transit service changes; and
• Educate employers on available commute benefit strategies and programs.
2019-2020 Transportation Demand Management Agreement
Between the City of Tukwila and King County
Page 12 of 32
24
An evaluation of the program will be provided to the County by December 15, 2020, outlining
what has been accomplished in the program and including trip reduction data during the period
following the execution of the agreement through the end of December 2020. The final invoice
for this scope of work shall be submitted to the County no later than December 15, 2020.
Program Description
Issue/Problem
Employees and residents not affected by the CTR law may receive limited or no transportation
benefits/support. Smaller employers often have difficulty allocating funding for employee
transportation assistance and are unaware of commute benefits they could provide such as
ORCA passes or pre-tax transportation benefits.
Goals:
Increase the use of and access to transit and other sustainable modes of transportation in
south King County (increase NDAT and decrease VMT);
Reduce congestion along major regional corridors, including I-405, I-5, SR-99 and SR-
167; and
Efficiently deliver TDM services by targeting employees, residents and students at large
activity centers (for example, presenting at employer meetings or administering a
centralized transportation rewards program).
Potential Trip Markets
• Employment sites with clusters of non-CTR affected employers
• Multi -family residences (affordable and market rate housing)
• Technical colleges and high schools
• Industry -specific employers such as hotels
Potential activity centers and networks include:
o Sea-Tac Airport (partner with Port of Seattle, Airport Jobs, City of SeaTac)
o Westfield Southeenter Mall (partner with mall management and employers)
o Tukwila Village (partner with Independent Living, King County Library System
and employers)
o Seattle Southside Chamber and Discover Burien
o Renton Landing and Black River Business Park
o Renton Technical College, Highline College and Foster High School
o Multifamily housing sites throughout Tukwila, SeaTac, Renton and Kent (partner
with property managers, King County Housing Authority, Hopelink, and other
non -profits)
Strategies
2019-2020 Transportation Demand Management Agreement
Between the City of Tukwila and King County
Page 13 of 32
25
This program will market sustainable transportation through a direct, individualized approach
supporting and encouraging residents and employees to change their travel behavior.
Methodology will include individualized marketing; social marketing; and engaging community
and residential groups, individuals, businesses and other targeted groups of corridor users.
Marketing will focus on sustainable transportation options such as transit, vanpool, carpool,
biking and walking.
Strategies may include, but are not limited to:
• Administration of transportation behavior survey
• Education and training on transportation options
• Distribution of ORCA incentives to encourage transit use
• Help individuals who qualify get reduced fare ORCA cards by partnering with ORCA
To -Go, ORCA LIFT (Public Health — Seattle & King County), and ORCA Youth
• Administration of a sustainable transportation rewards program
• Distribution of safety/visibility gear for active transportation
• Attendance at community or employer resource fairs and meetings
• Biking and walking amenities to promote active transportation
• Leverage South King County Transportation Options network on RideshareOnline.com
to promote sustainable transportation options
• Webpage with program information hosted on TukwilaWA.gov website
2019-2020 Transportation Demand Management Agreement
Between the City of Tukwila and King County
Page 14 of 32
26
Anticipated Schedule and Deliverables
Deliverable
Target Dates
Develop outreach materials (webpage, surveys, flyers, reward
January 1, 2020
slips)
Launch rewards program
January 1, 2020
Enroll participants in rewards program
through June 30, 2020
Midpoint analysis of rewards program survey data to calculate
June 30, 2020
VT and VMT reduced
Administration of rewards program
through November 30,
2020
Personalized trip planning assistance and employer/property
through November 30,
manager consultations
2020
Outreach to community groups, individuals, employers, property
through November 30,
managers, and other targeted groups of corridor users to promote
2020
use of non -drive alone travel
Hold transportation trainings at interested employment centers,
through November 30,
housing sites and worksites
2020
Submit progress reports, metrics, and invoices that include labor
through December 15, 2020
hours and receipts for reimbursable expenses, at least quarterly.
Final invoice must be submitted no later than December 15,
2020 for reimbursement.
Anticipated Budget Not To Exceed $75,000 through November
30, 2020
Project Element Budget
Labor $40,000
Incentives/ORCA Cards/Bicycle & Pedestrian
Amenities $27,000
Marketing Materials $8,000
Total Project Cost $75,000
2019-2020 Transportation Demand Management Agreement
Between the City of Tukwila and King County
Page 15 of 32
27
ATTACHMENT B
FEDERAL TRANSIT ADMINISTRATION (FTA) THIRD PARTY CONTRACT
REQUIREMENTS
This Contract shall be partially funded by the Federal Transit Administration (FTA). The
following provisions include, in part, certain standard terms and conditions required by the U.S.
Department of Transportation. All Contractual provisions required by the U.S. Department of
Transportation, as set forth in FTA Circular 4220.1F, as revised, dated March 18, 2013, as are
the requirements of the Master Agreement between King County ("the County") and the U.S.
Department of Transportation, including all "flow down" provisions to third party Contractors
and Subcontractors are hereby incorporated by reference. Unless stated otherwise, all FTA
mandated terms shall be deemed to control in the event of a conflict with other provisions
contained in this Contract. The Contractor agrees not to perform any act, fail to perform any act,
or refuse to comply with any County requests that would cause the County to be in violation of
the FTA terms and conditions.
1-1 Disadvantaged Business Enterprise (DBE) Participation
A. Nondiscrimination 49 CFR part 26. The Contractor shall not discriminate on the
basis of race, color, national origin, or sex in the performance of this Contract. The
Contractor shall carry out applicable requirements of 49 CFR part 26 in the award
and administration of United States Department of Transportation assisted
contracts. Failure by the Contractor to carry out these requirements is a material
breach of this Contract, which may result in the termination of this Contract or such
other remedy, as the County deems appropriate. Each subcontract the contractor
signs with a subcontractor must include the assurance in this paragraph (see 49 CFR
26.13(b)).
B. DBE Program. The DBE requirements of 49 CFR Part 26 apply to this Contract.
King County has determined that no DBE goal will be established for this Contract.
However, the County requires that the Contractor report any actual DBE
participation on this Contract to enable the County to accurately monitor DBE
program compliance.
C. Efforts to Increase DBE Participation. Even though this Contract has no DBE goal,
the County still encourages Contractors to pursue opportunities for DBE
participation. To that end, Contractors are encouraged to:
Advertise opportunities for subcontractors and suppliers ("subcontractors")
in a manner reasonably designed to provide DBEs capable of performing
the work with timely notice of such opportunities. All advertisements
should include a provision encouraging participation by DBE firms and may
be done through general advertisements (e.g., newspapers, journals, etc.) or
by soliciting proposals directly from DBEs.
2019-2020 Transportation Demand Management Agreement
Between the City of Tukwila and King County
Page 16 of 32
2. Effectively use the services of available minority/women community
organizations, Contractors' groups, local, state, and Federal
minority/women business assistance offices; Disadvantaged Business
Enterprise and other organizations as allowed on a case -by -case basis to
provide assistance in the recruitment and placement of DBEs and other
small businesses.
3. Establish delivery schedules, where requirements of the contract allow and
encourage participation by DBEs and other small businesses.
4. Achieve DBE attainment through joint ventures.
5. Solicit through all reasonable and available means (e.g., attendance at pre -
bid meetings, advertising and/or written notices) DBE and other small
businesses that have the capability to perform the Work of the Contract.
6. Select portions of the Work to be performed by Subcontractors to increase
the likelihood that DBE and other small businesses' goals will be achieved
7. Provide interested Subcontractors with adequate information about the
plans, specifications, and requirements of the contract in a timely manner
to assist them in responding to a solicitation.
8. Negotiate in good faith with interested DBEs and other small businesses.
9. Avoid rejecting DBEs and other small businesses as being unqualified
without sound reasons based on a thorough investigation of their
capabilities. The Contractor's standing within its industry, membership in
specific groups, organizations, or associations and political or social
affiliations (for example union vs. non -union employee status) are not
legitimate causes for the rejection or non -solicitation of bids in the
Contractor's efforts to obtain DBE and other small business participation.
10. Make efforts to assist interested DBEs and other small businesses in
obtaining bonding, lines of credit, or insurance as required by the recipient
or Contractor.
11. Make efforts to assist interested DBEs and other small businesses in
obtaining necessary equipment, supplies, materials, or related assistance or
services.
D. DBE Listing. A current list of DBE firms accepted as certified by the Washington
State Office of Minority and Women's Business Enterprises (OMWBE) is available
from that office at (360) 753-9693. For purposes of this Contract, a DBE firm must
be certified by OMWBE as of the date of contract award.
2019-2020 Transportation Demand Management Agreement
Between the City of Tukwila and King County
Page 17 of 32
29
E. Procedure Applicable when DBEs Are Utilized. Concurrent with the use of any
DBE subcontractor or supplier the Contractor shall provide notice of such use in
writing to the King County Office of Business Development and Contract
Compliance (BDCC). Upon receipt of said notice, BDCC shall provide the
Contractor with the applicable procedures for counting DBE participation.
Assistance with this Section is available from BDCC at (206) 263-9717. Notice
referenced herein should be delivered to the following address:
King County Department of Finance
Office of Business Relations and Economic Development
401 Fifth Avenue, Suite 350
MS CNK-ES-0350
Seattle, WA 98104
Phone: (206) 263-9717
Fax: (206) 205-0840
F. The Contractor is required to pay its subcontractors performing work related to
this contract for satisfactory performance of that work no later than 30 days after
the contractor's receipt of payment for that work from the County. In addition, the
contractor may not hold retainage from its subcontractors, but may require the
purchase of a retainage bond by the subcontractor.
G. The Contractor must promptly notify the County whenever a DBE subcontractor
performing work related to this contract is terminated or fails to complete its work,
and must make good faith efforts to engage another DBE subcontractor to perform
at least the same amount of work. The Contractor may not terminate any DBE
subcontractor and perform that work through its own forces or those of an affiliate
without prior written consent of the County.
1-2 Federal Changes
Contractor shall at all times comply with all applicable FTA regulations, policies,
procedures and directives, including without limitation those listed directly or by reference
in the Master Agreement between the County and FTA, as they may be amended or
promulgated from time to time during the term of this contract. Contractor's failure to so
comply shall constitute a material breach of this contract.
1-3 No Federal Government Obligations to Third Parties
The Contractor acknowledges and agrees that, notwithstanding any concurrence by the
Federal Government in or approval of the solicitation or award of this Contract, absent the
express written consent by the Federal Government, the Federal Government is not a party
to this Contract and shall not be subject to any obligations or liabilities to the Contractor or
any other party (whether or not a party to this Contract) pertaining to any matter resulting
from this Contract.
2019-2020 Transportation Demand Management Agreement
Between the City of Tukwila and King County
Page 18 of 32
30
The Contractor agrees to include the above clause in each subcontract financed in whole or
in part with Federal assistance provided by FTA. It is further agreed that the clause shall not
be modified, except to identify the subcontractor who will be subject to its provisions.
1-4 Civil Rights
The following requirements shall apply to the this Contract and all third -party contracts:
(A) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended,
42 U.S.C. § 2000d, U.S. Department of Justice "Guidelines for enforcement of Title VI,
Civil Rights Act of 1964, 28 CFR §50.3, U.S DOT regulations, "Nondiscrimination in
Federally -Assisted Programs of the Department of Transportation — Effectuation of Title
VI of the Civil Rights Act of 1964," 49 CFR part 21, Section 303 of the Age Discrimination
Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities
Act of 1990, 42 U.S.C. § 12132, section 504 of the Rehabilitation Act of 1973, 29 U.S.C.
§ 794 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not
discriminate against any person on the basis of race, color, religion, national origin, sex,
age, or disability. In addition, the Contractor agrees to comply with applicable Federal
implementing regulations and other implementing requirements FTA may issue.
(B) Equal Employment Opportunity - The following equal employment opportunity
requirements apply to the underlying contract:
(1) Race Color, Religion, National Origin, Sex - In accordance with Title VII of
the Civil Rights Act, as amended, 42 U.S.C. § 2000e, section 503 of the
Rehabilitation Act of 1973, as amended 29 U.S.C. §793 and Federal transit laws at
49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal
employment opportunity requirements of U.S. Department of Labor (U.S. DOL)
regulations, "Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement
Executive Order No. 11246, "Equal Employment Opportunity," as amended by
Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal
Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable
Federal statutes, executive orders, regulations, and Federal policies that may in the
future affect construction activities undertaken in the course of the Project. The
Contractor agrees to take affirmative action to ensure that applicants are employed,
and that employees are treated during employment, without regard to their race,
color, religion, national origin, sex, age, or disability. Such action shall include,
but not be limited to, the following: employment, upgrading, demotion or transfer,
recruitment or recruitment advertising, layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. In
addition, the Contractor agrees to comply with any implementing requirements
FTA may issue.
2019-2020 Transportation Demand Management Agreement
Between the City of Tukwila and King County
Page 19 of 32
31
(2) Sex - In accordance with Title IX of the Education Amendments of 1972, as
amended, 20 U.S.C. Sections 1681 et seq. and implementing Federal regulations,
"Nondiscrimination on the Basis of Sex in Education Programs or Activities
Receiving Federal Financial Assistance," 49 CFR Part 25, and FTA Circular
4220.117 Chapter IV, Section 2(a)(5)(b), the Contractor agrees to refrain from
discrimination against present and prospective employees on the basis of their sex.
In addition, the Contractor agrees to comply with any implementing requirements
FTA may issue.
(3) Age - In accordance with The "Age Discrimination Act of 1974, as amended,
42 U.S.C. Sections 6101 et seq., and Department of Health and Human Services
implementing regulations, "Nondiscrimination on the Basis of Age in Programs or
Activities Receiving Federal Financial Assistance, 45 CFR Part 90, and section 4
of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. §§
623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain
from discrimination against present and prospective employees for reason of age.
In addition, the Contractor agrees to comply with any implementing requirements
FTA may issue.
(4) Disabilities - In accordance with section 102 of the Americans with Disabilities
Act, as amended, 42 U.S.C. § 12101 et seq., the Contractor agrees that it will
comply with the requirements of U.S. Equal Employment Opportunity
Commission, "Regulations to Implement the Equal Employment Provisions of the
Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment
of persons with disabilities. In addition, the Contractor agrees to comply with any
implementing requirements FTA may issue.'
(C) Information and Reports - The Contractor shall provide all information and reports
required by the regulations or directives issued pursuant thereto and shall permit access to
its books, records, accounts, other sources of information, and its facilities as may be
determined by the County or the Federal Transit Administration (FTA) to be pertinent to
ascertain compliance with such regulations, orders and instructions. The Contractor shall
maintain all required records for at least three (3) years after the County makes final
payment and all other pending matters are closed. Where any information is required and
it is in the exclusive possession of another who fails or refuses to furnish this information,
the Contractor shall so certify to the County or the Federal Transit Administration, as
appropriate, and shall set forth efforts made to obtain the information.
2019-2020 Transportation Demand Management Agreement
Between the City of Tukwila and King County
Page 20 of 32
32
(D) Sanctions for Noncompliance - In the event of the Contractor's noncompliance with
the nondiscrimination provisions of this Contract, the County shall impose such contract
sanctions as it or the FTA may determine to be appropriate, including, but not limited to:
Withholding of payments to the Contractor under the Contract until the
Contractor complies, and/or,
2. Cancellation, termination or suspension of the Contract, in whole or in part.
(E) Incorporation of Provisions - The Contractor shall include the provisions of paragraphs
A through E of this section in every subcontract, including procurements of materials and
leases of equipment, unless exempt by the regulations or directives issued pursuant thereto.
The Contractor shall take such action with respect to any subcontract or procurement as the
County or the FTA may direct as a means of enforcing such provisions, including sanctions
for noncompliance. Provided, however, that, in the event the Contractor becomes involved
in or is threatened with litigation with a subcontractor or supplier as a result of such direction,
the Contractor may request the County to enter into such litigation to protect the interests of
the County, and in addition, the Contractor may request the United States to enter into such
litigation to protect the interests of the United States.
1-5 Cargo Preference - Use of U.S. Flag Vessels
The contractor agrees:
a. to use privately owned United States -Flag commercial vessels to ship at least 50
percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo
liners, and tankers) involved, whenever shipping any equipment, material, or
commodities pursuant to the underlying contract to the extent such vessels are
available at fair and reasonable rates for United States -Flag commercial vessels;
b. to furnish within 20 working days following the date of loading for shipments
originating within the United States or within 30 working days following the date
of loading for shipments originating outside the United States, a legible copy of a
rated, "on -board" commercial ocean bill -of -lading in English for each shipment of
cargo described in the preceding paragraph to the Division of National Cargo,
Office of Market Development, Maritime Administration, Washington, DC 20590
and to the FTA recipient (through the contractor in the case of a subcontractor's
bill -of -lading.)
c. to include these requirements in all subcontracts issued pursuant to this contract
when the subcontract may involve the transport of equipment, material, or
commodities by ocean vessel.
2019-2020 Transportation Demand Management Agreement
Between the City of Tukwila and King County
Page 21 of 32
33
1-6 Fly America Requirements
The Contractor agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act) in
accordance with the General Services Administration's regulations at 41 CFR Part 301-10,
which provide that recipients and subrecipients of Federal funds and their contractors are
required to use U.S. Flag air carriers for U.S Government -financed international air travel
and transportation of their personal effects or property, to the extent such service is
available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly
America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate
certification or memorandum adequately explaining why service by a U.S. flag air carrier
was not available or why it was necessary to use a foreign air carrier and shall, in any event,
provide a certificate of compliance with the Fly America requirements. The Contractor
agrees to include the requirements of this section in all subcontracts that may involve
international air transportation.
1-7 Audit and Inspection of Records
Access to Records - The following access to records requirements apply to this Contract:
A. Where the FTA Recipient or a subgrantee of a FTA Recipient ("Purchaser") is the
County, the Contractor agrees to provide the Purchaser, the FTA Administrator, the
Comptroller General of the United States or any of their authorized representatives access
to any books, documents, papers and records of the Contractor which are directly
pertinent to this contract for the purposes of making audits, examinations, excerpts and
transcriptions in accordance with 2 C.F.R. 200.336. Contractor also agrees to provide the
County and the FTA Administrator or his authorized representatives including any PMO
Contractor, pursuant to 49 C.F.R. 633.17, access to Contractor's records and construction
sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is
receiving federal financial assistance through the programs described at 49 U.S.C. 5307,
5309 or 5311.
B. Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA
Recipient, the Contractor agrees to provide the Purchaser, the FTA Administrator or his
authorized representatives, including any PMO Contractor, access to the Contractor's
records and construction sites pertaining to a major capital project, defined at 49 U.S.C.
5302(a)l, which is receiving federal financial assistance through the programs described
at 49 U.S.C. 5307, 5309 or 5311. By definition, a major capital project excludes
contracts of less than the simplified acquisition threshold currently set at $100,000 (49
CFR Part 633.5).
C. Where the Purchaser enters into a negotiated contract for other than a small purchase
or under the simplified acquisition threshold and is an institution of higher education, a
hospital or other non-profit organization and is the FTA Recipient or a subgrantee of the
FTA Recipient in accordance with 2 C.F.R. 200.336, the Contractor agrees to provide the
Purchaser, FTA Administrator, the Comptroller General of the United States or any of
2019-2020 Transportation Demand Management Agreement
Between the City of Tukwila and King County
Page 22 of 32
34
their duly authorized representatives with access to any books, documents, papers and
record of the Contractor which are directly pertinent to this contract for the purposes of
making audits, examinations, excerpts and transcriptions.
D. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA
Recipient in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project
or improvement (defined at 49 U.S.C. 5302(a)1) through other than competitive bidding,
the Contractor shall make available records related to the contract to the Purchaser, the
Secretary of Transportation and the Comptroller General or any authorized officer or
employee of any of them for the purposes of conducting an audit and inspection.
E. The Contractor agrees to permit any of the foregoing parties to reproduce by any
means whatsoever or to copy excerpts and transcriptions as reasonably needed.
F. The Contractor agrees to maintain all books, records, accounts and reports required
under this contract for a period of not less than three (3) years after the date of
termination or expiration of this contract, except in the event of litigation or settlement of
claims arising from the performance of this contract, in which case Contractor agrees to
maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or
any of their duly authorized representatives, have disposed of all such litigation, appeals,
claims or exceptions related thereto.
G. FTA does not require the inclusion of these requirements in subcontracts.
1-8 FTA Protest Procedures
Bidders are hereby notified that if this Contract is funded in whole or in part by the
Federal Department of Transportation, the Federal Transit Administration (FTA) may
entertain a protest that alleges that the County failed to have or follow written protest
procedures. Bidders must file a protest with the FTA not later than 5 working days after
the County renders a final decision or 5 working days after the Bidder knows or has
reason to know that the County has failed to render a final decision. The protesting party
must notify the County if it has filed a protest with the FTA. After 5 days, the County
will confirm with FTA that FTA has not received a protest. Protests to the FTA must be
filed in accordance with FTA Circular 4220.1 F (as periodically updated).
The County will not award a contract for 5 working days following its decision on a Bid
protest or while a protest to the FTA is pending unless the County determines that: (1) the
items to be procured are urgently required; (2) delivery of performance will be unduly
delayed by failure to make the award promptly; or (3) failure to make prompt award will
otherwise cause undue harm to the County or the Federal Govermnent.
2019-2020 Transportation Demand Management Agreement
Between the City of Tukwila and King County
Page 23 of 32
35
1-9 Privacy
Should the Contractor, or any of its subcontractors, or their employees administer any system
of records on behalf of the Federal Government, the Privacy Act of 1974, 5 USC § 552a,
imposes information restrictions on the party administering the system of records.
For purposes of the Privacy Act, when the Agreement involves the operation of a system of
records on individuals to accomplish a government function, the recipient and any
contractors, third party contractors, subcontractors and their employees involved therein are
considered to be government employees with respect to the govenunent function. The
requirements of the Act, including the civil and criminal penalties for violations of the Act,
apply to those individuals involved. Failure to comply with the terms of the Act or this
provision of this contract will make this contract subject to termination.
The Contractor agrees to include this clause in all subcontracts awarded under this Contract,
which involve the design, development, operation, or maintenance of any system of records
on individuals subject to the Act.
1-10 Certification Rel4arding Debarment, Suspension and Other Responsibility Matters
Pursuant to Executive Order 12549 and 12689, "Debarment and Suspension," 31 USC §
6101 note and federal regulations in 2 CFR Part 180.300 and 2 CFR Part 1200, entities and
individuals who are debarred or suspended by the federal government are excluded from
obtaining federal assistance funds under this contract. To assure that such entities and
individuals are not involved as participants on this FTA-financed contract, if the contract
exceeds $25,000, each Bidder shall complete and submit, as part of its Bid, the certification
contained in Attachment A for itself, its principals and its subcontractor(s) for any
subcontract in excess of $25,000. The inability of a Bidder to provide a certification in
Attachment A will not necessarily result in denial of consideration for contract award. A
Bidder that is unable to provide a certification must submit a complete explanation attached
to the certification form. Failure to submit a certification or explanation shall disqualify the
Bidder from participation under this Bid. The County, in conjunction with FTA, will
consider the certification or explanation in determining contract award. No contract will be
awarded to a potential third -party contractor submitting a conditioned debarment or
suspension certification, unless approved by the FTA.
The certification is a material representation of fact upon which reliance is placed in
determination of award of contract. If at any time the Bidder or Contractor learns that its
certification was erroneous when submitted or has become erroneous by reason of changed
circumstances, it shall immediately provide written notice to the County. If it is later
determined that the Bidder knowingly rendered an erroneous certification, or failed to notify
the County immediately of circumstances that made the original certification no longer valid,
the County may disqualify the Bidder. If it is later determined that the Contractor knowingly
rendered an erroneous certification, or failed to notify the County immediately of
2019-2020 Transportation Demand Management Agreement
Between the City of Tukwila and King County
Page 24 of 32
36
circumstances which made the original certification no longer valid, the County may
terminate the contract, in addition to other remedies available including FTA suspension
and/or debannent.
1-11 Subcontractors' Certification Regarding Debarment, Suspension or Ineligibility
By submitting a Bid for this Contract, the Bidder agrees that should it be awarded the
Contract, it shall not knowingly enter into any subcontract exceeding $25,000 with an entity
or person who is debarred, suspended, or who has been declared ineligible from obtaining
federal assistance funds; and shall require each subcontractor to complete the certification
provided in Attachment B.
Each subcontract, regardless of tier, shall contain a provision that the subcontractor shall not
knowingly enter into any lower tier subcontract with a person or entity who is debarred,
suspended or declared ineligible from obtaining federal assistance funds, and a provision
requiring each lower -tiered subcontractor to provide the certification set forth in Attachment
B.
The Contractor shall require each subcontractor, regardless of tier, to immediately provide
written notice to the Contractor if at any time the subcontractor learns that its, or a lower -tier
certification was erroneous when submitted or has become erroneous by reason of changed
circumstances. The Contractor may rely upon the certifications of the subcontractors unless
it knows that a certification is erroneous. The Contractor's knowledge and information
regarding any subcontractor is not required to exceed that which is normally possessed by a
prudent person in the ordinary course of business.
1-12 Anti -Kickback
The County and contractors are required to comply with the Anti -Kickback Act of 1986, 41
USC 8701 et seq. Under state and federal law, it is a violation for County employees, bidders,
contractors or subcontractors to accept or offer any money or benefit as a reward for
favorable treatment in connection with the award of a contract or the purchase of goods or
services.
"Kickback" as defined by Federal Acquisition Regulation (FAR) 52.203-7, and 41 USC §
8701(2), means any money, fee, commission, credit, gift, gratuity, thing of value, or
compensation of any kind that is provided directly or indirectly to any prime Contractor,
prime Contractor employee, subcontractor or subcontractor employee for the purpose of
improperly obtaining or rewarding favorable treatment in comiection with a prime contract
or in connection with a subcontract relating to a prime contract.
1-13 False or Fraudulent Statements or Claims
(A) The Contractor acknowledges that the provisions of the Program Fraud Civil
2019-2020 Transportation Demand Management Agreement
Between the City of Tukwila and King County
Page 25 of 32
37
Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations,
"Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this
Project. Upon execution of the underlying contract, the Contractor certifies or affirms the
truthfulness and accuracy of any statement it has made, it makes, it may make, or causes
to be made, pertaining to the underlying contract or the FTA assisted project for which
this contract work is being performed. In addition to other penalties that may be
applicable, the Contractor further acknowledges that if it makes, or causes to be made, a
false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal
Government reserves the right to impose the penalties of the Program Fraud Civil
Remedies Act of 1986 on the Contractor to the extent the Federal Government deems
appropriate.
(13) The Contractor also acknowledges that if it makes, or causes to be made, a false,
fictitious, or fraudulent claim, statement, submission, or certification to the Federal
Government under a contract connected with a project that is financed in whole or in part
with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. §
5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and
49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems
appropriate.
(C) The Contractor agrees to include the above two clauses in each subcontract financed
in whole or in part with Federal assistance provided by FTA. It is further agreed that the
clauses shall not be modified, except to identify the subcontractor who will be subject to
the provisions.
1-14 Energy Conservation
The Contractor agrees to comply with mandatory standards and policies relating to energy
efficiency that are contained in the State Energy Conservation plan issued in compliance with
the Energy Policy and Conservation Act, 42 USC §§ 6321 et seq.
The Contractor agrees to include this clause in all subcontracts awarded under this Contract.
1-15 Environmental Requirements
The Contractor agrees to comply with all applicable standards, orders or requirements as
follows:
A. Environmental Protection
The Contractor agrees to comply with the applicable requirements of the National
Environmental Policy Act of 1969, as amended, 42 USC §§ 4321, et seq., consistent
with Executive Order No. 11514, as amended, "Protection and Enhancement of
2019-2020 Transportation Demand Management Agreement
Between the City of Tukwila and King County
Page 26 of 32
Environmental Quality," 42 USC § 4321 note. FTA statutory requirements on
environmental matters at 49 USC § 5324(b); Council on Environmental Quality
regulations on compliance with the National Environmental Policy Act of 1969, as
amended, 42 USC § 4321 etseq. and 40 CFR Part 1500 etseq.; and joint FHWA/FTA
regulations, "Envirommental Impact and Related Procedures," 23 CFR Part 771 and
49 CFR Part 622.
B. Air Quality
The Contractor agrees to comply with all applicable standards, orders, or regulations
issued pursuant to the Clean Air Act, as amended, 42 USC §§ 7401, et seq. The
Contractor agrees to report each violation to the County and understands and agrees
that the County will, in turn, report each violation as required to assure notification
to FTA and the appropriate U.S. Environmental Protection Agency (EPA) Regional
Office.
The Contractor agrees to include this clause in each subcontract exceeding $100,000
financed in whole or in part with Federal assistance provided by FTA.
C. Clean Water
The Contractor agrees to comply with all applicable standards, orders, or
regulations issued pursuant to the Federal Water Pollution Control Act, as amended,
33 USC § § 1251 et seq. The Contractor agrees to report each violation to the County
and understands and agrees that the County will, in turn, report each violation as
required to assure notification to FTA and the appropriate Environmental Protection
Agency (EPA) Regional Office.
The Contractor agrees to protect underground sources of drinking water consistent
with the provisions of the Safe Drinking Water Act of 1974, as amended, 42 USC
§§ 300h et seq. The Contractor agrees to include these requirements in each
subcontract exceeding $150,000 financed in whole or in part with Federal assistance
provided by FTA.
D. Use of Public Lands
The Contractor agrees that no publicly owned land from a park, recreation area, or
wildlife or waterfowl refuge of national, state, or local significance as determined
by the federal, state or local officials having jurisdiction thereof, or any land from
a historic site of national, state, or local significance may be used for the Project
unless the FTA makes the specific findings required by 49 USC § 303.
2019-2020 Transportation Demand Management Agreement
Between the City of Tukwila and King County
Page 27 of 32
39
E. Historic Preservation
The Contractor agrees to assist the Federal Government in complying with section
106 of the National Historic Preservation Act, as amended, 16 USC § 470f,
Executive Order No. 11593, "Protection and Enhancement of the Cultural
Environment," 16 USC § 470 note, and the Archaeological and Historic
Preservation Act of 1974, as amended, 16 USC §§ 469a-1 et seq. involving historic
and archaeological preservation as follows:
The Contractor agrees to consult with the State Historic Preservation
Officer about investigations to identify properties and resources listed in or
eligible for inclusion in the National Register of Historic Places that may be
affected by the Project, in accordance with Advisory Council on Historic
Preservation regulations, "Protection of Historic and Cultural Properties,"
36 CFR Part 800, and notifying FTA of those properties so affected.
2. The Contractor agrees to comply with all federal requirements to avoid or
mitigate adverse effects on those historic properties.
F. Mitigation of Adverse Environmental Effects
The Contractor agrees that if the Project should cause adverse environmental
effects, the Contractor will take all reasonable steps to minimize those effects in
accordance with 49 USC § 5324(b), and all other applicable federal laws and
regulations, specifically, the procedures of 23 CFR Part 771 and 49 CFR Part 622.
1-16 Preference for Recycled Products
Recovered Materials - The contractor agrees to comply with all the requirements of
Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42
U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247,
and Executive Order 12873, as they apply to the procurement of the items designated in
Subpart B of 40 CFR Part 247.
1-17 Termination Provisions Required
All contracts and subcontracts in excess of $10,000 shall contain contractual provisions or
conditions that allow for tennination for cause and convenience by the County including the
manner by which it will be effected and the basis for settlement.
(Required by FTA Circular 4220.1F, Page IV-13).
2019-2020 Transportation Demand Management Agreement
Between the City of Tukwila and King County
Page 28 of 32
ON
1-18 Incorporation of FTA Terms
The preceding provisions include, in part, certain Standard Terms and Conditions required by
the U.S. Department of Transportation, whether or not expressly set forth in the preceding
contract provisions. All contractual provisions required by the U.S. Department of
Transportation, as set forth in FTA Circular 4220.IF, dated November 1, 2008, are hereby
incorporated by reference. Anything to the contrary herein notwithstanding, all FTA
mandated terms shall be deemed to control in the event of a conflict with other provisions
contained in this Contract. The Contractor agrees not to perform any act, fail to perform any
act, or refuse to comply with any County requests that would cause the County to be in
violation of the FTA terms and conditions.
1-19 Sensitive Security Information
The Contractor shall protect, and take measures to ensure that its subcontractors at each tier, protect
"sensitive security information" made available during the administration of a third party contract
or subconstract to ensure compliance with 49 U.S.C. 40119 (b) and implementing DOT
regulations, "Protection of Sensitive Security Information," 49 CFR Part 15, and with 49 U.S.C. §
114 (r) and implementing Department of Homeland Security Regulations, "Protection of Sensitive
Security Information," 49 CFR Part 1520.
1-20 Substance Abuse
Contractor and its subcontractors agrees to comply with U.S. OMB Guidance,
"Governmentwide Requirements for Drug -Free Workplace (Financial Assistance)," 2 CFR
Part 182, and U.S. DOT regulations, "Governmentwide Requirements for Drug -Free
Workplace (Financial Assistance)," 49 CFR Part 32, that implement the Drug -Free
Workplace Act of 1988, 41 USC §§ 701 et seq., including any amendments to these U.S.
DOT regulations when they are promulgated, and "Prevention of Alcohol Misuse and
Prohibited Drug Use in Transit Operations," 49 CFR Part 655, that implement 49 USC §
5331.
1-21 Seatbelt Use
Contractor shall adopt and promote on-the-job seatbelt use policies and programs for its employees
and other personnel that operate company owned, rented, or personally operated vehicles in
compliance with Federal Executive Order No. 13043, "Increasing Seatbelt Use in the United
States," April 16, 1997, 23 U.S.C. § 402 note. This provision shall be included in each third party
subcontract involving this project.
2019-2020 Transportation Demand Management Agreement
Between the City of Tukwila and King County
Page 29 of 32
41
1-22 Textin�4 While Driving and Distracted Driving
Contractor shall promote policies and initiatives for its employees and other personnel that adopt
and promote safety policies to decrease crashes by distracted drivers, including policies to ban text
messaging while driving consistent with Executive Order No. 13513, "Federal Leadership on
Reducing Text Messaging While Driving," October 1, 2009,23 U.S.C. § 402 note, and DOT Order
3902.10, "Text Messaging While Driving," December 30, 2009. This provision shall be included
in each third party subcontract involving this project.
1-23 Use of $1 Coins
The Contractor and the County agree to comply with Section 104 of the Presidential $1 Coin Act
of 2005, 31 U.S.C. Section 5312(p), FTA assisted property that requires the use of coins or
currency in public transportation service or supporting service must be frilly capable of accepting
and dispensing $1 coins
2019-2020 Transportation Demand Management Agreement
Between the City of Tukwila and King County
Page 30 of 32
42
ATTACHMENT C
CERTIFICATION REGARDING DEBARMENT, SUSPENSION
AND OTHER RESPONSIBILITY MATTERS -
PRIMARY COVERED TRANSACTIONS
Federal Transit Administration (FTA)
The prospective Primary Participant (potential contractor for a major third -party contract),
certifies to the best of its knowledge and
belief, that it and its principals:
Are not presently debarred, suspended, proposed for debarment, declared ineligible,
or voluntarily excluded from covered transactions by any federal department or
agency;
2. Have not within a three (3) year period preceding this Bid been convicted of or had a
civil judgment rendered against them for commission of fraud or a criminal offense
in connection with obtaining, attempting to obtain or performing a public (federal,
state or local) transaction or contract under a public transaction; violation of federal
or state antitrust statutes or commission of embezzlement, theft, forgery, bribery,
falsification or destruction or records, making false statements or receiving stolen
property;
3. Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (federal, state or local) with commission of any of the offenses
enumerated in Paragraph 2 of this certification; and
4. Have not within a three (3) year period preceding this Bid had one or more public
transactions (federal, state or local) terminated for cause or default.
[If the primary participant (applicant for an FTA grant, or cooperative agreement or potential
third -party contractor) is unable to certify to any of the statements in this certification, the
participant shall attach an explanation to this certification.]
THE PRIMARY PARTICIPANT (POTENTIAL CONTRACTOR FOR A MAJOR THIRD -
PARTY CONTRACT) CERTIFIES OR AFFIRMS THE TRUTHFULNESS AND ACCURACY
OF THE CONTENTS OF THE STATEMENTS SUBMITTED ON OR WITH THIS
CERTIFICATION AND UNDERSTANDS THAT THE PROVISIONS OF 31 USC SECTIONS
3801, ET SEQ., ARE APPLICABLE THERETO.
Name of Firm:
Authorized Signature:
Printed Name:
Title:
Date:
f:\data\Procman\01\Boilerplate\Team—BPO (10/01) 31
43
ATTACHMENT D
CONTRACT NO:
CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
AND OTHER INELIGIBILITY AND VOLUNTARY EXCLUSION —
LOWER -TIER COVERED TRANSACTIONS
(This Attachment may be completed and submitted to the Buyer after award of Contract.)
The Lower -Tier Participant (potential sub -grantee or sub -recipient under a Federal Transit
Administration (FTA) project, potential third -party contractor, or potential subcontractor under a
major third -party contract), certifies, by submission of this Bid, that
neither it nor its principals are presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any federal department or
agency.
The Lower -Tier Participant will not knowingly enter into any lower -tier covered transaction with a
person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended,
declared ineligible, or voluntarily excluded from participation in this covered transaction, unless
authorized by the department or agency with which this transaction originated.
The prospective Lower -Tier Participant agrees by submitting this proposal that it will include this
requirement in all lower -tier covered transactions and in all solicitations for lower -tier covered
transactions.
If the Lower -Tier Participant (potential sub -grantee or sub -recipient under an FTA project, potential
third -party contractor, or potential subcontractor under a major third party contract) is unable to
certify to any of the statements in this certification, such participant shall attach an explanation to
this Bid.
THE LOWER -TIER PARTICIPANT (POTENTIAL SUB -GRANTEE OR SUB -AGREEMENT
UNDER AN FTA PROJECT, POTENTIAL THIRD -PARTY CONTRACTOR, OR POTENTIAL
SUBCONTRACTOR UNDER A MAJOR THIRD -PARTY CONTRACT) CERTIFIES OR AFFIRMS
THE TRUTHFULNESS AND ACCURACY OF THE CONTENTS OF THE STATEMENTS
SUBMITTED ON OR WITH THIS CERTIFICATION AND UNDERSTAND THAT THE
PROVISIONS OF 31 USC §§ 3801, ET SEQ., ARE APPLICABLE THERETO.
Name of Firm:
Authorized Signature:
Printed Name:
Title:
Date:
2019-2020 Transportation Demand Management Agreement
Between the City of Tukwila and King County
Page I of 32
44
City Council Transportation & Infrastructure Committee
TRANSPORTATION & INFRASTRUCTURE COMMITTEE
Meeting Minutes
November 19, 2019 - 5:30 p.m. - Hazelnut Conference Room, City Hall
Councilmembers: Acting Chair Dennis Robertson, Verna Seal, De'Sean Quinn
Staff: David Cline, Henry Hash, Gail Labanara, Han Kirkland, Ryan Larson, Peter Lau,
Cyndy Knighton, Alison Turner, and Chris Andree
CALL TO ORDER: Acting Committee Chair Robertson called the meeting to order at 5:30 p.m.
I. BUSINESS AGENDA
A. Transoortation Demand Management (TDMI Agreement 2020
Staff is seeking Council approval of an agreement with King County Metro to accept $75,000 in
pass through funding from the Transportation Demand Management Corridor Strategies
Supporting Centers Federal Congestion Mitigation and Air Quality grant. Funding will be used
to continue TDM activities in South King County and no City match is required. UNANIMOUS
APPROVAL. FORWARD TO DECEMBER 2, 2019 REGULAR CONSENT AGENDA.
B. Resolution: Title VI Program
Staff is seeking Council approval of a resolution that would formally establish a Title VI Program
as requested by King County Metro. Title VI of the Civil Rights Act of 1964 provides that no
person shall, on the grounds of race, color, or national origin, be excluded from participation
in, denied the benefits of, or be subjected to discrimination under any program receiving
federal funding. While some Title VI elements are already implemented in the City, the Program
has not been formally adopted. In 2020, staff will further develop an organization -wide Title VI
Program that meets all federal requirements. UNANIMOUS APPROVAL. FORWARD TO
NOVEMBER 25, 2019 COMMITTEE OF THE WHOLE.
C. Contract Amendment: Public Works Shops Phase 1
Staff is seeking Council approval of Amendment No. 2 to Contract 18-197 in the amount of
$570,768 with SHKS Architects to design the Fleet and Facilities Building tenant improvements
as part of the Public Works Shops Phase 1. SHKS completed the Master Planning effort and this
amendment will design the necessary improvements including seismic retrofit, interior and
exterior improvements, upgrades to HVAC, mechanical, electrical, and storm drainage systems.
The seismic upgrades consists of seismic strengthening of the building to meet ASCE 41-13
analysis requirements for Life Safety performance. UNANIMOUS APPROVAL. FORWARD TO
NOVEMBER 25, 2019 COMMITTEE OF THE WHOLE.
45
m
COUNCIL AGENDA SYNOPSIS
---------------------------------- Initial,
MeetingDate
Prepared b
Ma is review
Cou cil re iew
12/02/19
GL
AzIrt C
ITEM INFORMATION
ITEMNO.
M193
S'FAFF SPONSOR: PETER LAU
ORIGINAL AGENDA DATE: 12/02/19
AGENDA ITEM TrrLE 53rd Avenue South Project (South 137th to South 144th Streets)
Amendment No. 7 for Construction Management with KPG, Inc.
CATEGORY ❑ Discussion
Mtg Date
® Motion
Mtg Date 12102119
❑ Resolution
Altg Date
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
SPONSOR ❑Council ❑Mayor ❑HR ❑DCD ❑Finance ❑Fire ❑TS ❑P&R ❑Police ®PW El Court
SPONSOR'S Amendment No. 7 to Contract No. 15-159 with KPG is for additional construction
SUMMARY management services for the 53rd Avenue South Residential Street Project. Due to utility
conversion delays, additional time is needed to provide construction management through
the end of the project, currently estimated to be in 2020. Council is being asked to approve
the construction management Amendment No. 7 with KPG for $176,278.00.
REN'IEWED BY ❑ C.O.W. Mtg. ❑ CDN Comm ❑ Finance Comm. ❑ Public Safety Comm.
® Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 11/19/19 COMMITTEE CHAIR: ACTING - D. ROBERTSON
RECOMMENDATIONS:
SPONSOR/ADMIN. Public Works Department
COMMITME Unanimous approval; Forward to Regular Consent Agenda
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$176,278.00 $9,250,000.00 $0.00
Fund Source: 103 RESIDENTIAL STREET FUND
Comments: pg 3, 2019 CIP
MTG. DATE
RECORD OF COUNCIL ACTION
12/02/19
MTG. DATE
ATTACHMENTS
12/02/19
Informational Memorandum dated 11/15/19 (revised 11/20/19)
2019 CIP, page 3
KPG's Amendment No. 7
Minutes from the Transportation & Infrastructure Committee 11/19/19
47
City of Tukwila Allan Ekberg, Mayor
Public Works Department - Henry Hash, Director
INFORMATIONAL MEMORANDUM
TO: Transportation and Infrastructure Committee
FROM: Henry Hash, Public Works Director,;
BY: Peter Lau, Senior Program Manager
CC: Mayor Allan Ekberg
DATE: November 15, 2019 (revised 11/20/19)
SUBJECT: 53rd Avenue South Project (South 137th Street to South 144th Street)
Project No. 99110301, Contract No. 15.159
Construction Management Amendment No. 7 with KPG, Inc.
ISSUE
Approve Amendment No. 7 for additional construction management to Contract No. 15-159 with KPG, Inc.
BACKGROUND
Contract No. 15-159 with KPG provided design and construction management (CM) services for the 53rd Ave S Project.
DISCUSSION
KPG's Amendment No. 7 will allow the continuation of construction engineering, inspection, and documentation compliance
support for the full completion of the 53rd Ave S Project. The construction project is currently anticipated to be completed by early
2020. However, the progress of the utility conversion work will dictate when construction will be physically completed. Currently,
Seattle City Light (SCL) accepted the new underground facilities installed by the contractor, is reviewing the facility record drawing
provided by the contractor and will schedule their undergrounding crew to start pulling electrical wires once the record drawing are
accepted by SCL. By executing Amendment No. 7, the City will be certain of having KPG's continuous services through the
remaining SCL undergrounding, punchlist completion, and properly closing out the protect.
FISCAL IMPACT
The table below shows the project budget and expenditures, with the inclusion of KPG's Amendment No. 7. KPG's fee of
$176,278.00 is reasonable for the scope of work provided to complete this challenging project.
Design/ROW
CM
Construction
Budget
Design & ROW (up to Am. No. 3)
$ 809,382
$832,000
KPG CM Amendment Nos. 4 to 6
$1,118,612
870,000
KPG CM Amendment No. 7
176,278
City CM Staff (estimated total)
115,000
SCI Construction Contract w/ sales tax
5,953,250
7,548,000
SCI Change Orders No. 1 to 7 w sales tax
635,714
Construction Contingency Remaining
155,025
Total
LaQ9 382
ILM9 890
$6,743,989
Grand Total
8 963 261
9 250 000
The current 2019 CIP project budget is sufficient to cover the cost of KPG's Amendment No. 7, and with a construction
contingency of $155,025 to cover all future change orders and other additional costs needed to physically complete the 53rd
Ave S Project.
RECOMMENDATION
Council is being asked to approve Amendment No. 7 to Contract No. 15-159 with KPG, Inc. in the amount of $176,278 for a
new contract total of $1,950,479.69 for the 53rd Ave S Project and to consider this item on the Consent Agenda at the
December 2, 2019 Regular Meeting.
Attachments: 2019 CIP, page 3, KPG Amendment No. 7
WAPW EngIPROJECTSIA- RW & RS Projects153rd Ave S (99110301)ICN Management Info Memo for KPG Supp #7 Rev 112019.docx
we
50
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2019 to 2024
PROJECT: 53rd Ave S (S 137th St - S 144th St) Project No. 99110301
Design and construct urban residential street improvements that include curb, gutter, sidewalk, undergrounding,
DESCRIPTION:
and illumination. Street will coordinate with Water $1.1 m, Sewer $185k, and Surface Water $920k CIP projects.
JUSTIFICATION:
Provide pedestrian and vehicle safety, drainage, and neighborhood revitalization.
STATUS:
Undergrounding is included at this time.
MAINT. IMPACT:
Reduce pavement, shoulder, and drainage work.
State TIB grant for $2.14M for roadway and drainage. See additional pages in Enterprise funds under
COMMENT:
53rd Ave S Projects. Seattle City Light is now negotiating a 60/40 underground split and undergrounding
costs have been added to project. Bond for $2 million.
FINANCIAL
Through Estimated
(in $000's1
2017 2018 2019 2020 2021 2022 2023 2024 BEYOND TOTAL
EXPENSES
Design
607
21
628
Land(R/W)
157
47
204
Const. Mgmt.
435
435
870
Construction
3,239
2,050
5,289
Undergrounding
1,379
880
2,259
TOTAL EXPENSES
764
1 5,121
1 3,365
1 01
01
01
01
01
01
9,250
FUND SOURCES
Utilities W/S/SWM
259
1,161
1,254
2,674
Awarded TIB Grant
65
1,912
364
2,341
Seattle City Light
729
428
1,157
Bond
2,049
2,049
City Oper. Revenue
(1,609)
1,319
1,319
0
0
0
0
0
0
1,029
TOTAL SOURCES
764
5,121 1
3,365 1
0
01
01
0
0
0
9,250
O
Project Location
<
� s ;ze
N
S 30 St Ot
♦
\L
D
t\t ti
N
,♦♦
S 1 St
S
(/
5137
♦
0
,t
_
S 139
N
U
5
D
N S 144 St
D m ,♦
D S 143 St
to b a m �♦
St 6S,
14e se fi
a7 s
"i
'
�`
a si50st
N
4a
C1
51
9♦
S 156 51
S 159 St
G
1
S - Sl
Tukwila P"
Q
2019 - 2024 Capital Improvement Program 3
51
52
City of Tukwila Agreement Number:
6200 Southcenter Boulevard, Tukwila WA 98188
CONTRACT FOR SERVICES
Amendment #7
Between the City of Tukwila and KPG Inc.
That portion of Contract No. 15-159 between the City of Tukwila and KPG Inc. is amended
as follows:
Article 2, Scope of Services, shall be supplemented with the following:
The Consultant agrees to provide construction services in accordance with the scope of
work included as Exhibit A-7.
Article 3 - Duration of Agreement; Time for Performance, shall be modified as follows:
This Agreement shall be in full force and effect for a period commencing upon execution and
ending June 30, 2020, 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 perform all services and provide all work
product required pursuant to this Agreement no later than June 30, 2020 unless an extension
of such time is granted in writing by the City.
Article 4, Payment, shall be modified as follows:
Payment for work provided by Consultant shall be made as provided on Exhibit B-7, attached
hereto, provided that the total amount of payment to the Consultant for this work not exceed
$176, 278.00 without express written modification of the Agreement signed by the City. The
new total contract shall not exceed $1, 950, 479.69 without express written modification of
the Agreement signed by the City.
All other provisions of the contract shall remain in full force and effect.
Dated this day of
CITY OF TUKWILA
Allan Ekberg, Mayor
ATTEST/AUTHENTICATED
Christy O'Flaherty, MMC, City Clerk
20
CONTRACTOR
Printed Name:
Nelson Davis
APPROVED AS TO FORM
City Attorney
Page 1 of 1
53
EXHIBIT A-7
Supplement 7
Additional Construction Management Services
Scope of Work
October 2019
City of Tukwila
53rd Ave S (S 1441h Street to S 137th Street)
Project No. 99110301
TIB Project No.: 8-1-116(012)-1
KPG Project #: 15085
BACKGROUND
This work will provide additional construction management services for the construction contract to
complete 53rd Avenue S Roadway Improvements (S 1441h Street to S 137th Street). These additional
services include:
• Construction services for approximately 12 week duration for coordination and inspection of
punchlist activities and coordination with Seattle City Light (SCL) to obtain operational
acceptance.
• Part time construction services for an estimated 12 week suspension period to allow SCL to
perform their underground conversion and wreckout the existing aerial system.
• Perform monthly PSIPE walk through with Contractor through June 2020 (9 total).
• Construction services for 3 weeks to complete required Contract work following the SCL
suspension period.
This supplement is provided to continue construction management and inspection services in accordance
with the original authorization and as detailed below:
II. INTRODUCTION
The following scope of services and associated costs are based upon the assumptions outlined below.
General Assumptions:
• Services will be performed in accordance with the Contract plans & special provisions, WSDOT
Local Agency Guidelines ("LAG"), the WSDOT Construction Manual, and the client engineering
standards.
• The franchise utilities will provide field inspection for all work surrounding the construction or
relocation of their utility systems not constructed by the Client's Contractor, if necessary.
City of Tukwila 53 d Ave S Page 1 of 3
Additional Construction Management Services
Scope of Work —Supplement 7
KPG
Project #15085
October 2019
54
EXHIBIT A-7
III. SCOPE OF WORK
TASK 1— MANAGEMENT/COORDINATION/ADMINISTRATION
1.1 Provide ongoing coordination, management, and progress reporting for the estimated 8 month
duration of this agreement.
TASK 2 — DESIGN SUPPORT
No additional funds are requested for this task. We have been able to mitigate the longer contract
duration and can continue to provide the services described in the original scope of work within the
previously authorized budget.
TASK 3 — PRECONSTRUCTION SERVICES
Work is complete, no additional funds are requested for this task.
TASK 4 — CONSTRUCTION OBSERVATION
Construction Observation services will continue in accordance with the original scope of work. Additional
observation time is required to achieve physical completion due to longer contract duration:
4.6 The Consultant shall provide the services of one part-time inspector with necessary oversight,
engineering, and administrative support for punchlist coordination and final restoration following the
SCL suspension period as described in the Background section of this scope of work. The inspection
budget is based on 12 weeks prior to suspension at 24 hours/week and 3 weeks after suspension at
32 hours/week. An additional 40 hour of inspection time is included in the project budget in the event
field support is requested by the City during the 12 week SCL suspension period.
4.7 The Consultant shall perform on site monthly walkthroughs with the Contractor and landscape
subcontractor on a monthly basis between October 2019 and completion of the plant establishment
period in June 2020. Level of effort is estimated at 6 hours/month resident engineer and 2
hours/month documentation specialist to complete the walk through and document findings.
TASK 5 — CONSTRUCTION SERVICES — OFFICE
Construction Office services will continue in accordance with the original scope of work. Additional time
is required to achieve physical completion due to longer contract duration:
5.28 The Consultant shall provide the services of one part-time resident engineer and one part-
time documentation specialist with necessary oversight, engineering, and administrative
support throughout the punchlist, SCL suspension period, and final restoration activities as
described in the Background section of this scope of work. The budget is based on 16
City of Tukwila 53d Ave S Page 2 of 3 KPG
Additional Construction Management Services Project #15085
Scope of Work — Supplement 7 October 2019
55
EXHIBIT A-7
hours/week part-time resident engineer and 16 hours/week part-time documentation
specialist during the punchlist and final restoration services (15 weeks) and 8 hours/week
resident engineer and 16 hours/week documentation specialist during the SCL suspension
period (12 weeks). Budget also includes engineering support to complete record drawings
during the SCL suspension period.
TASK 6 — SURVEY & MATERIAL TESTING
Work is complete, no additional funds are requested for this task. Remaining budget will be utilized to
offset additional construction observation time required as a result of longer contract duration, number
of crews, and working hours than anticipated in original budget assumptions.
TASK 7 - ADDITIONAL SERVICES
Additional services requested by the client, will be performed only when authorized by the client.
Authorization to perform additional services will be in writing, specifying the work to be performed, and
basis of payment. Items such as Community Outreach (except as completed on a day to day basis by the
inspector and resident engineer as described herein), Public Meetings, Ribbon Cutting Ceremony, claims
analysis, additional surveying, services during shutdown periods of non -working days, and services for
extended working days are examples of possible additional services.
City of Tukwila 53d Ave S Page 3 of 3
Additional Construction Management Services
Scope of Work — Supplement 7
KPG
Project #15085
October 2019
56
§
\
\
C)
t
0
k
�
�
/
§
k
§
/
k
\
§
F-
E
4
§
�
r-
04
toll J$%
� $2\
�
0
k
/
57
w
Transportation & Infrastructure Committee Minutes.............................................................................November19, 2019
D. Contract Amendment: 5316 Avenue South (South 137th to South 1441h Streets) Proiect
Staff is seeking Council approval of Amendment No. 7 to Contract No. 15-159 in the amount of
$176,278 with KPG, Inc. This will allow continued construction engineering, inspection, and
documentation compliance support for the full completion of the 53rd Avenue South Project.
Discussion ensued that additional construction management services will confirm the value of
a correct close-out. APPROVAL. FORWARD TO DECEMBER 2, 2019 REGULAR CONSENT
AGENDA.
E. Resolution for Administrative Variance
Staff is seeking Council approval of a resolution that would provide an administrative variance
to Tukwila Municipal Code Chapter 16.52 to allow wet -flooding of improvements to the Starfire
Athletic Center within Fort Dent Park. This proposed variance will allow the enclosure of
storage areas below the stadium and covered flex areas for practice. The practice area will be
covered with artificial turf and used for their Academy STEM -based gamification program.
UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 25, 2019 COMMITTEE OF THE WHOLE.
F. Ordinance: Concurrency Standards and Transportation Impact Fees
Staff is seeking Council approval of an ordinance that would amend Tukwila Municipal Code
Chamber 9.48 to update the Transportation Impact Fee Schedule, use of traffic impact fees,
and exemptions. The updates include project costs from the current CIP, final project costs
from closed out projects, additions and deletions reflecting current needs, and other updates
as outlined in the memo. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 25, 2019
COMMITTEE OF THE WHOLE.
II. MISCELLANEOUS
The Transportation Committee Meeting adjourned at 6:04 p.m.
Committee Chair Approval
(
0'k
Minutes by HK, reviewed by GL
59
COUNCIL AGENDA SYNOPSIS
Initials
Aleelin Dale
Pre,pared by
Maya s reniely
Council review
12/02/19
TEH
v
ITEM INFORMATION
ITEM NO.
4.E.
S1'i\I�F SPONSOR: JOSEPH TODD
OR1G1NA1.A(3LN1).A DxI'I':: 12/2/19
AGr',NI)A TrI'1_I ESRI Enterprise License Agreement (ELA) for GIS
CXFFGORY ❑ Discussion
111g Dale
® Motion
Ahg Dale 1212119
❑ Resolution
A1lg Dade
❑ Ordinance
1A1lg Dale
❑ Bid_,12vard
M/g Dale
❑ Public Hearing
YII/ Date
❑ Other
Xlig Date
SPONSOR ❑Council ❑lA7ayor ❑I-IR ❑DCD ❑Finance ❑Fire ®TS ❑P&1� ❑Police ❑111V ❑Court
SPONSOWS The Council approved the purchase of a two-year Enterprise License (ELA) with ESRI at the
SUMMARY end of 2017, which is expiring on 1/15/2020. The ELA allowed expansion of GIS
capabilities, providing access to ArcGIS online to staff members around the City, enabling
self-service and productivity in several areas. The committee is being asked to consider the
2-year ESRI ELA agreement in the amount of $55,000 and forward this item to the
December 2, 2019 Regular Meeting Consent Agenda
Rts 711," /L) BY ❑ C.O.W. Mtg. ❑ CDN Comm ® Finance Comm. ❑ Public Safety Comm.
❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 11/25/19 COMMITFE CI-IAIR: McLEOD
RECOMMENDATIONS:
SP0NS0R/AllAI1N. Technology & Innovation Services
CO3%IN1I'1'1 tl? Finace & Safety Committee
COST IMPACT / FUND SOURCE
EXPI;NllI"TURF, RI?QUIRI?ll AMOUNT BUDGETED APPROPRIATION REQUIRED
$55000 $55000 $0
Fund Source: 000.12.518.880.41.00
Comments: Professional Services budget
MTG. DATE
RECORD OF COUNCIL ACTION
12/2/19
MTG. DATE
ATTACHMENTS
12/02/19
Informational Memorandum dated 11/26/19
Proposed Contract - Tukwila WA Host Q-00012021
Minutes from the 11/25 Finance Committee meeting
61
62
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Finance & Safety Committee
FROM: Joseph Todd (TIS)
BY: Roman Linsao (TIS), Tami Eberle-Harris(TIS)
CC: Mayor Ekberg
DATE: November 25, 2019
SUBJECT: ESRI Enterprise License Agreement (ELA) for GIS
ISSUE
ESRI Enterprise License agreement expiring on 01/15/2020.
BACKGROUND
The Council approved the purchase of a two-year Enterprise License with ESRI at the end of
2017. The contract was valid from Jan 2018 — Jan 2020. The City of Tukwila has realized
substantial growth in areas of GIS during the past two years. This proposal details the
advantages of continuing the relationships and licensing for an additional two-year period.
DISCUSSION
By utilizing the ELA, we were able to expand GIS capabilities with limited staff resources by
providing access to ArcGIS online to more staff members around the City, enabling self-
service and productivity in several areas.
GIS has been tightly integrated with Lucity Asset management and users are realizing the
benefits of utilizing GIS in the field. ArcGIS Collector and web maps were rolled out for
gathering GIS data in the field for Public Works (bus stops, signs and various other assets),
dashboards were created for analyzing Code Compliance and Permitting, the use of
Tukwila iMap was expanded, and we are currently developing a process for private GIS assets
to be managed directly by Public Works staff.
Planning and Development staff members report that the use of ArcGIS online has been integral
to the Tukwila International Boulevard project, making it easy to collaborate with teams both
within and outside of the City without having to print a single item. Some of the tools that have
been extremely helpful are walkshed, demographic, and drive -time analyses. ArcGIS online has
also made it easier to navigate files, ensuring that maps/data are centralized and easy to find,
and has been helpful for providing maps/graphics to applicants, providing rough idea of
feasibility of a site, potential building envelopes, etc. to help guide their projects. This is just one
example of how having the ESRI Enterprise License Agreement has enhanced productivity and
directly supported residents of Tukwila.
Providing the Enterprise License Agreement is continued, additional opportunities will be
realized. Expansion of the internal asset data collection efforts by Public Works and Parks staff
will be possible. Staff will have access to tools to create and develop more dashboards to
provide management with key metrics and reporting across multiple areas.
63
INFORMATIONAL MEMO
Page 2
FINANCIAL IMPACT
The Enterprise agreement includes uncapped quantities of Desktop software and developer
tools, 10,000 online service credits, 100 user named licenses for ArcGISOnline, and multiple
software extensions.
The cost shown in the attached quote covers the two-year period in an amount not to exceed
$55,000.
The total over two -years is below the current allocated budget in TIS for Professional services
(budgeted $180,000 for 2019 and 2020)
RECOMMENDATION
The committee is being asked to consider the 2-year ESRI ELA agreement in the amount of
$55,000 and forward this item to the December 2, 2019 Regular Meeting Consent Agenda.
ATTACHMENTS
ESRI Small Enterprise Agreement QuoteQ-39738
ESRI Small Enterprise Agreement County & Municipality Government (E214-1)
64 ZACouncil Agenda Items\Technology Services\ESRI_ELA\Memo_ESRI_ELA.doc
THE
SCI
NCE
esri WHERE'
W
Environmental Systems Research Institute, Inc.
380 New York St
Redlands, CA 92373-8100
Phone: (909) 793-2853 Fax: (909) 307-3049
DUNS Number: 06-313-4175 CAGE Code: OAMS3
To expedite your order, please attach a copy of
this quotation to your purchase order.
Quote is valid from: 911712019 To: 1211612019
Material Qty Term
168177 1 Yearl
Quotation # Q-397386
Date: October 2, 2019
Customer # 135074 Contract #
City of Tukwila
Information Technology Dept
6300 Southcenter Blvd Ste 202
Tukwila, WA 98188
ATTENTION: Joseph Todd
PHONE: (206) 433-7150
EMAIL: joseph.todd@tukwilawa.gov
Populations of 0 to 25,000 Small Government Term Enterprise License Agreement
168177
Year 2
Populations of 0 to 25,000 Small Government Term Enterprise License Agreement
Unit Price
$25,000.00
$25,000.00
Total
$25,000.00
$25,000.00
Subtotal:
$50,000.00
Sales Tax:
$5,000.00
Estimated Shipping and Handling (2 Day Delivery):
$0.00
Contract Price Adjust:
$0.00
Total:
$55,000.00
Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program.
For questions contact: Email: Phone:
Heather Glock hglock@esri.com 909-793-2853 x8948
The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use document
found at https:Hassets.esri com/conlei)Udam/esrisites/media/legal/product-specific-terms-of-use/e300.pdf, and your applicable signed agreement
with Esri. If no such agreement covers any item quoted, then Esri's standard terms and conditions found at https:/// o.esri.com/MAPS apply to your
purchase of that item. Federal government entities and government prime contractors authorized under FAR 51.1 may purchase under the terms of
Esri's GSA Federal Supply Schedule. Supplemental terms and conditions found at https://www.esri.com/en-us/legal/terms/state-supplemental apply
to some slate and local government purchases. All terms of this quotation will be incorporated into and become part of any additional agreement
regarding Esri's offerings. Acceptance of this quotation is limited to the terms of this quotation. Esri objects to and expressly rejects any different
or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. Unless prohibited by law, the quotation
information is confidential and may not be copied or released other than for the express purpose of system selection and purchase/license. The
information may not be given to outside parties or used for any other purpose without consent from Esri. Delivery is FOB Origin.
GLOCKH This offer is limited to the terms and conditions incorporated and attached herein.
65
esri R'
WHERE'
Environmental Systems Research Institute, Inc.
380 New York St
Redlands, CA 92373-8100
Phone: (909) 793-2853 Fax: (909) 307-3049
DUNS Number: 06-313-4175 CAGE Code: DAMS3
To expedite your order, please attach a copy of
this quotation to your purchase order.
Quote is valid from: 911712019 To: 1211612019
Quotation # Q-397386
Date: October 2, 2019
Customer # 135074 Contract #
City of Tukwila
Information Technology Dept
6300 Southcenter Blvd Ste 202
Tukwila, WA 98188
ATTENTION: Joseph Todd
PHONE: (206) 433-7150
EMAIL: joseph.todd@tukwilawa.gov
If you have made ANY alterations to the line items included in this quote and have chosen to sign the quote to indicate your acceptance, you must fax
Esri the signed quote in its entirety in order for the quote to be accepted. You will be contacted by your Customer Service Representative if additional
information is required to complete your request.
If your organization is a US Federal, state, or local government agency; an educational facility; or a company that will not pay an invoice without having
issued a formal purchase order, a signed quotation will not be accepted unless it is accompanied by your purchase order.
In order to expedite processing, please reference the quotation number and any/all applicable Esri contract number(s) (e.g. MPA, ELA, SmartBuy, GSA,
BPA) on your ordering document.
BY SIGNING BELOW, YOU CONFIRM THAT YOU ARE AUTHORIZED TO OBLIGATE FUNDS FOR YOUR ORGANIZATION, AND YOU ARE AUTHORIZING
ESRI TO ISSUE AN INVOICE FOR THE ITEMS INCLUDED IN THE ABOVE QUOTE IN THE AMOUNT OF $ , PLUS SALES TAXES IF
APPLICABLE. DO NOT USE THIS FORM IF YOUR ORGANIZATION WILL NOT HONOR AND PAY ESRI'S INVOICE WITHOUT ADDITIONAL AUTHORIZING
PAPERWORK.
Please check one of the following:
_ I agree to pay any applicable sales tax.
_ I am tax exempt, please contact me if exempt information is not currently on file with Esri.
Signature of Authorized Representative
Name (Please Print)
Title
Date
The quotation information is proprietary and may not be copied or released other than for the express purpose of system selection and purchase/license. This information may not be given to outside
parties or used for any other purpose without consent from Environmental Systems Research Institute, Inc. (Esri).
Any estimated sales and/or use tax reflected on this quote has been calculated as of the dale of this quotation and is merely provided as a convenience for your organization's budgetary purposes. Esri
reserves the right to adjust and collect sales and/or use tax at the actual date of invoicing. If your organization is lax exempt or pays state tax directly, then prior to invoicing, your organization must provide
Esri with a copy of a current tax exemption certificate issued by your slate's taxing authority for the given jurisdiction.
Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program.
For questions contact: Email: Phone:
Heather Glock hglock@esri.com 909-793-2853 x8948
The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use document
found at https://assets.esri.com/coiitenUdam/esrisites/media/le a l/p rod u ct-sp ec ifi c-te rms-of-u se/e 300. pdf, and your applicable signed agreement
with Esri. If no such agreement covers any item quoted, then Esri's standard terms and conditions found at https://go.esri.com/MAPS apply to your
purchase of that item. Federal government entities and government prime contractors authorized under FAR 51.1 may purchase under the terms of
Esri's GSA Federal Supply Schedule. Supplemental terms and conditions found at https://www.esri.com/en-us/legal/terms/state-supplemental apply
to some state and local government purchases. All terms of this quotation will be incorporated into and become part of any additional agreement
regarding Esri's offerings. Acceptance of this quotation is limited to the terms of this quotation. Esri objects to and expressly rejects any different
or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. Unless prohibited by law, the quotation
information is confidential and may not be copied or released other than for the express purpose of system selection and purchase/license. The
information may not be given to outside parties or used for any other purpose without consent from Esri. Delivery is FOB Origin.
GLOCKH This offer is limited to the terms and conditions incorporated and attached herein.
0
Esri Use Only:
Cust. Name
Cust. # _
PO # _
Esri Agreement #
SMALL ENTERPRISE AGREEMENT
COUNTY AND MUNICIPALITY GOVERNMENT
(E214-1)
0 1 THE
�� as ram t`97 SCIENCE
OF
WHERE'
This Agreement is by and between the organization identified in the Quotation ("Customer") and Environmental
Systems Research Institute, Inc. ("Esri").
This Agreement sets forth the terms for Customer's use of Products and incorporates by reference (i) the
Quotation and (ii) the Master Agreement. Should there be any conflict between the terms and conditions of the
documents that comprise this Agreement, the order of precedence for the documents shall be as follows: (i) the
Quotation, (ii) this Agreement, and (iii) the Master Agreement. This Agreement shall be governed by and
construed in accordance with the laws of the state in which Customer is located without reference to conflict of
laws principles, and the United States of America federal law shall govern in matters of intellectual property. The
modifications and additional rights granted in this Agreement apply only to the Products listed in Table A.
Table A
List of Products
Uncapped Quantities
Desktop Software and Extensions (Single Use)
ArcGIS Desktop Advanced
ArcGIS Desktop Standard
ArcGIS Desktop Basic
ArcGIS Desktop Extensions: ArcGIS 3D Analyst,
ArcGIS Spatial Analyst, ArcGIS Geostatistical
Analyst, ArcGIS Publisher, ArcGIS Network
Analyst, ArcGIS Schematics, ArcGIS Workflow
Manager, ArcGIS Data Reviewer
Enterprise Software and Extensions
ArcGIS Enterprise and Workgroup
(Advanced and Standard)
ArcGIS Enterprise Extensions: ArcGIS 3D Analyst,
ArcGIS Spatial Analyst, ArcGIS Geostatistical
Analyst, ArcGIS Network Analyst, ArcGIS
Schematics, ArcGIS Workflow Manager
Enterprise Additional Capability Servers
ArcGIS Image Server
Developer Tools
ArcGIS Engine
ArcGIS Engine Extensions: ArcGIS 3D Analyst,
ArcGIS Spatial Analyst, ArcGIS Engine Geodatabase
Update, ArcGIS Network Analyst, ArcGIS Schematics
ArcGIS Runtime (Standard)
ArcGIS Runtime Analysis Extension
Limited Quantities
One (1) Professional subscription to ArcGIS
Developer*
Two (2) Esri CityEngine Advanced Single Use
Licenses
50 ArcGIS Online Viewers
50 ArcGIS Online Creators
10,000 ArcGIS Online Service Credits
50 Level 2 ArcGIS Enterprise Named Users
2 Insights for ArcGIS for use with ArcGIS Enterprise
2 Insights for ArcGIS for use with ArcGIS Online
OTHER BENEFITS
Number of Esri User Conference registrations provided annually
2
Number of Tier 1 Help Desk individuals authorized to call Esri
2
Maximum number of sets of backup media, if requested**
2
Self -Paced e-Learning
Uncapped
Five percent (5%) discount on all individual commercially available instructor -led training classes at Esri
facilities purchased outside this Agreement (Discount does not apply to Small Enterprise Training Package)
* Maintenance is not provided for these items
**Additional sets of backup media may be purchased for a fee
Page 1 of 6
November 20, 2018
67
Customer may accept this Agreement by signing and returning the whole Agreement with (i) the Quotation
attached, (ii) a purchase order, or (iii) another document that matches the Quotation and references this
Agreement ("Ordering Document"). ADDITIONAL OR CONFLICTING TERMS IN CUSTOMER'S PURCHASE
ORDER OR OTHER DOCUMENT WILL NOT APPLY, AND THE TERMS OF THIS AGREEMENT WILL
GOVERN. This Agreement is effective as of the date of Esri's receipt of an Ordering Document, unless otherwise
agreed to by the parties ("Effective Date").
Term of Agreement: Two (2) years January 16 2020 - January 15, 2022
This Agreement supersedes any previous agreements, proposals, presentations, understandings, and
arrangements between the parties relating to the licensing of the Products. Except as provided in Article 4—
Product Updates, no modifications can be made to this Agreement.
Accepted and Agreed
City of Tukwila
(Customer)
By:
Authorized Signature
Printed Name:
Title:
Date:
Contact:
Address:
City, State, Postal Code:
Country:
Quotation Number (if applicable):
CUSTOMER CONTACT INFORMATION
Telephone:
Fax:
E-mail:
Page 2 of 6
November 20, 2018
1 .0-ADDITIONAL DEFINITIONS
In addition to the definitions provided in the Master
Agreement, the following definitions apply to this
Agreement:
"Case" means a failure of the Software or Online
Services to operate according to the Documentation
where such failure substantially impacts operational
or functional performance.
"Deploy", "Deployed" and "Deployment" mean to
redistribute and install the Products and related
Authorization Codes within Customer's
organization(s).
"Fee" means the fee set forth in the Quotation.
"Maintenance" means Tier 2 Support, Product
updates, and Product patches provided to Customer
during the Term of Agreement.
"Master Agreement" means the applicable master
agreement for Esri Products incorporated by this
reference that is (i) found at
http://www,esri.com/legal/software-license and
available in the installation process requiring
acceptance by electronic acknowledgment or (ii) a
signed Esri master agreement or license agreement
that supersedes such electronically acknowledged
master agreement.
"Product(s)" means the products identified in
Table A —List of Products and any updates to the list
Esri provides in writing.
"Quotation" means the offer letter and quotation
provided separately to Customer.
"Technical Support" means the technical
assistance for attempting resolution of a reported
Case through error correction, patches, hot fixes,
workarounds, replacement deliveries, or any other
type of Product corrections or modifications.
"Tier 1 Help Desk" means Customer's point of
contact(s) to provide all Tier 1 Support within
Customer's organization(s).
"Tier 1 Support" means the Technical Support
provided by the Tier 1 Help Desk.
"Tier 2 Support" means the Esri Technical Support
provided to the Tier 1 Help Desk when a Case
cannot be resolved through Tier 1 Support.
2.0-ADDITIONAL GRANT OF LICENSE
2.1 Grant of License. Subject to the terms and
conditions of this Agreement, Esri grants to
Customer a personal, nonexclusive,
nontransferable license solely to use, copy, and
Deploy quantities of the Products listed in
Table A —List of Products for the Term of
Agreement (i) for the applicable Fee and (ii) in
accordance with the Master Agreement.
2.2 Consultant Access. Esri grants Customer the
right to permit Customer's consultants or
contractors to use the Products exclusively for
Customer's benefit. Customer will be solely
responsible for compliance by consultants and
contractors with this Agreement and will ensure
that the consultant or contractor discontinues
use of Products upon completion of work for
Customer. Access to or use of Products by
consultants or contractors not exclusively for
Customer's benefit is prohibited. Customer may
not permit its consultants or contractors to install
Software or Data on consultant, contractor, or
third -party computers or remove Software or
Data from Customer locations, except for the
purpose of hosting the Software or Data on
Contractor servers for the benefit of Customer.
3.0-TERM, TERMINATION, AND EXPIRATION
3.1 Term. This Agreement and all licenses
hereunder will commence on the Effective Date
and continue for the duration identified in the
Term of Agreement, unless this Agreement is
terminated earlier as provided herein. Customer
is only authorized to use Products during the
Term of Agreement. For an Agreement with a
limited term, Esri does not grant Customer an
indefinite or a perpetual license to Products.
3.2 No Use upon Agreement Expiration or
Termination. All Product licenses, all
Maintenance, and Esri User Conference
registrations terminate upon expiration or
termination of this Agreement.
3.3 Termination for a Material Breach. Either party
may terminate this Agreement for a material
breach by the other party. The breaching party
will have thirty (30) days from the date of written
notice to cure any material breach.
3.4 Termination for Lack of Funds. For an
Agreement with government or government -
owned entities, either party may terminate this
Agreement before any subsequent year if
Page 3 of 6
November 20, 2018
We
Customer is unable to secure funding through
the legislative or governing body's approval
process.
3.5 Follow-on Term. If the parties enter into
another agreement substantially similar to this
Agreement for an additional term, the effective
date of the follow-on agreement will be the day
after the expiration date of this Agreement.
4.0--PRODUCT UPDATES
4.1 Future Updates. Esri reserves the right to
update the list of Products in Table A —List of
Products by providing written notice to
Customer. Customer may continue to use all
Products that have been Deployed, but support
and upgrades for deleted items may not be
available. As new Products are incorporated into
the standard program, they will be offered to
Customer via written notice for incorporation into
the Products schedule at no additional charge.
Customer's use of new or updated Products
requires Customer to adhere to applicable
additional or revised terms and conditions in the
Master Agreement.
4.2 Product Life Cycle. During the Term of
Agreement, some Products may be retired or
may no longer be available to Deploy in the
identified quantities. Maintenance will be subject
to the individual Product Life Cycle Support
Status and Product Life Cycle Support Policy,
which can be found at
http://support.esri.com/en/content/productlifecycl
es. Updates for Products in the mature and
retired phases may not be available. Customer
may continue to use Products already Deployed,
but Customer will not be able to Deploy retired
Products.
5.0--MAINTENANCE
The Fee includes standard maintenance benefits
during the Term of Agreement as specified in the
most current applicable Esri Maintenance and
Support Program document (found at
http://www.esri.com/legal). At Esri's sole discretion,
Esri may make patches, hot fixes, or updates
available for download. No Software other than the
defined Products will receive Maintenance.
Customer may acquire maintenance for other
Software outside this Agreement.
a. Tier 1 Support
1. Customer will provide Tier 1 Support
through the Tier 1 Help Desk to all
Customer's authorized users.
2. The Tier 1 Help Desk will be fully trained in
the Products.
3. At a minimum, Tier 1 Support will include
those activities that assist the user in
resolving how-to and operational questions
as well as questions on installation and
troubleshooting procedures.
4. The Tier 1 Help Desk will be the initial point
of contact for all questions and reporting of a
Case. The Tier 1 Help Desk will obtain a full
description of each reported Case and the
system configuration from the user. This
may include obtaining any customizations,
code samples, or data involved in the Case.
If the Tier 1 Help Desk cannot resolve the
Case, an authorized Tier 1 Help Desk
individual may contact Tier 2 Support. The
Tier 1 Help Desk will provide support in such
a way as to minimize repeat calls and make
solutions to problems available to
Customer's organization.
6. Tier 1 Help Desk individuals are the only
individuals authorized to contact Tier 2
Support. Customer may change the Tier 1
Help Desk individuals by written notice to
Esri.
b. Tier 2 Support
Page 4 of 6
1. Tier 2 Support will log the calls received
from Tier 1 Help Desk.
2. Tier 2 Support will review all information
collected by and received from the Tier 1
Help Desk including preliminary documented
troubleshooting provided by the Tier 1 Help
Desk when Tier 2 Support is required.
Tier 2 Support may request that Tier 1 Help
Desk individuals provide verification of
information, additional information, or
answers to additional questions to
supplement any preliminary information
gathering or troubleshooting performed by
Tier 1 Help Desk.
4. Tier 2 Support will attempt to resolve the
Case submitted by Tier 1 Help Desk.
November 20, 2018
70
5. When the Case is resolved, Tier 2 Support
will communicate the information to Tier 1
Help Desk, and Tier 1 Help Desk will
disseminate the resolution to the user(s).
6.0-ENDORSEMENT AND PUBLICITY
This Agreement will not be construed or interpreted
as an exclusive dealings agreement or Customer's
endorsement of Products. Either party may publicize
the existence of this Agreement.
7.0-ADMINISTRATIVE REQUIREMENTS
7.1 OEM Licenses. Under Esri's OEM or Solution
OEM programs, OEM partners are authorized to
embed or bundle portions of Esri products and
services with their application or service. OEM
partners' business model, licensing terms and
conditions, and pricing are independent of this
Agreement. Customer will not seek any discount
from the OEM partner or Esri based on the
availability of Products under this Agreement.
Customer will not decouple Esri products or
services from the OEM partners' application or
service.
7.2 Annual Report of Deployments. At each
anniversary date and ninety (90) calendar days
prior to the expiration of this Agreement,
Customer will provide Esri with a written report
detailing all Deployments. Upon request,
Customer will provide records sufficient to verify
the accuracy of the annual report.
8.0---ORDERING, ADMINISTRATIVE
PROCEDURES, DELIVERY, AND
DEPLOYMENT
8.1 Orders, Delivery, and Deployment
Upon the Effective Date, Esri will invoice
Customer and provide Authorization Codes to
activate the nondestructive copy protection
program that enables Customer to download,
operate, or allow access to the Products. If this
is a multi -year Agreement, Esri may invoice the
Fee before the annual anniversary date for each
year.
b. Undisputed invoices will be due and payable
within thirty (30) calendar days from the date of
invoice. Esri's federal ID number is 95-2775-732.
c. If requested, Esri will ship backup media to the
ship -to address identified on the Ordering
Document, FOB Destination, with shipping
charges prepaid. Customer acknowledges that
should sales or use taxes become due as a
result of any shipments of tangible media, Esri
has a right to invoice and Customer will pay any
such sales or use tax associated with the receipt
of tangible media.
8.2 Order Requirements. Esri does not require
Customer to issue a purchase order. Customer
may submit a purchase order in accordance with
its own process requirements, provided that if
Customer issues a purchase order, Customer
will submit its initial purchase order on the
Effective Date. If this is a multi -year Agreement,
Customer will submit subsequent purchase
orders to Esri at least thirty (30) calendar days
before the annual anniversary date for each
year.
a. All orders pertaining to this Agreement will be
processed through Customer's centralized point
of contact.
b. The following information will be included in
each Ordering Document:
(1) Customer name; Esri customer number, if
known; and bill -to and ship -to addresses
(2) Order number
(3) Applicable annual payment due
9.0-MERGERS, ACQUISITIONS, OR
DIVESTITURES
If Customer is a commercial entity, Customer will
notify Esri in writing in the event of (i) a
consolidation, merger, or reorganization of Customer
with or into another corporation or entity;
(ii) Customer's acquisition of another entity; or (iii) a
transfer or sale of all or part of Customer's
organization (subsections i, ii, and iii, collectively
referred to as "Ownership Change"). There will be
no decrease in Fee as a result of any Ownership
Change.
9.1 If an Ownership Change increases the
cumulative program count beyond the maximum
level for this Agreement, Esri reserves the right
to increase the Fee or terminate this Agreement
and the parties will negotiate a new agreement.
9.2 If an Ownership Change results in transfer or
sale of a portion of Customer's organization, that
portion of Customer's organization will transfer
Page 5 of 6
November 20. 2018
71
the Products to Customer or uninstall, remove,
and destroy all copies of the Products.
9.3 This Agreement may not be assigned to a
successor entity as a result of an Ownership
Change unless approved by Esri in writing in
advance. If the assignment to the new entity is
not approved, Customer will require any
successor entity to uninstall, remove, and
destroy the Products. This Agreement will
terminate upon such Ownership Change.
Page 6 of 6
November 20, 2018
72
• r - 1 •
City Council Finance Committee
FINANCE COMMITTEE
Meeting Minutes
November25, 2019 - 5:30 p.m. - Hazelnut Conference Room, City Hall
Councilmembers: Thomas McLeod, Chair; Verna Seal, De'Sean Quinn
Staff: David Cline, Vicky Carlsen, Jay Wittwer, Bruce Linton, Tony Cullerton, Joseph
Todd, Tami Eberle -Harris, Roman Linsao, Joel Bush, Laurel Humphrey
CALL TO ORDER: Chair McLeod called the meeting to order at 5:30 p.m.
I. PRESENTATIONS
II. BUSINESS AGENDA
A. Contract: GIS Services
Staff is seeking Council approval to renew an Enterprise License Agreement with ESRI in the
amount of $55,000 for an additional two-year term. The current agreement expires in January
2020 and has resulted in significant expansion of the city's GIS capabilities. The proposed
renewal includes uncapped quantities of desktop software and developer tools, 10,000 online
service credits, 100 user named licenses and multiple software extensions. Councilmembers
and staff discussed the cost benefit of the GIS program. Councilmember Seal asked for a report
of traffic sign related data. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 2, 2019
REGULAR CONSENT AGENDA.
B. 2019 3rd Quarter Investment Report
Staff presented the 2019 3rd Quarter Cash and Investment Report, including information on the
City's portfolio components, performance, policy compliance and liquidity analysis, fund cash
and investment balances, and investment environment. At September 30, 2019, the portfolio
totaled $62.5 million comprising $47.8 million in cash and cash equivalents and $14.7 million in
longerterm investments. Chair McLeod pointed out that the investment portfolio is projected to
earn approximately $1.4 million for the year, which is significantly over the budgeted $848k.
DISCUSSION ONLY.
III. MISCELLANEOUS
Adjourned at 5:47 p.m.
Committee Chair Approval
Minutes by LH
73
74
COUNCIL AGENDA SYNOPSIS
-- ------Initials --------------------------------- I ITEMNO.
Aleetila Date
Prepared by
Mayor's review
Council r view
12/02/19
MS
ITEM INFORMATION
4.F.
S'T'_ HI SPONSOR: MEREDITH SAMPSON
ORIGIN[VI_AGI?ND:A D; n-'1: 12/2/19
AGr:NDA I'rlinl Ti,n,i; HB 1923 Housing Action Plan Grant Acceptance
CXI'P.GORY ❑ Di.rmssion
A1tg Date
® Motion
Altg Date 12/2/19
❑ Resolution
Mtg Date
❑ Ordinance
Mtg Date
❑ BidAnard
A1tg Date
❑ Public Hearing
illtg Date
❑ Other
Mtg Dnte
SPONSOR ❑Council ❑Mayor ❑HR ®DCD ❑Finance ❑Fire ❑TS 0116R ❑Police ❑PlU ❑Court
SPONSOR'S Tukwila has received a grant for $100,00 from the Department of Commerce to through HB
SUINIi\IAM' 1923, which encourages cities to increase residential building capacity through actions or
through a Housing Action Plan to be completed by June 2021. Council is requested to
authorize the Mayor to sign an Interagency Agreement with the Department of Commerce
so that the City may receive the grant award.
Ri;XILWED BY ❑ C.O.W. Mtg. ® CDN Comm ❑ Finance Comm. ❑ Public Safety Comm.
❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 11/26/19 COMMITTEE CHAIR: QUINN
RECOMMENDATIONS:
SPONSOR/ADNIIN• Department of Community Development
CO3MNI11'1'1,"F,
COST IMPACT / FUND SOURCE
EXPI?NDPI'URI'. RI?OUiltl?D AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $100,000 $0
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
12/2/19
MTG. DATE
ATTACHMENTS
12/2/19
Informational Memorandum dated 11/26/19
Interagency Agreement between Tukwila and Department of Commerce through June
Grant Award Letter
Minutes from the 11/26 Community Development & Neighborhoods Committee meeting
(distributed separately)
75
76
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Community Development and Neighborhoods Committee
FROM: Minnie Dhaliwal, Deputy Director of Community Development
BY: Meredith Sampson, Associate Planner
CC: Mayor Ekberg
DATE: November 26, 2019
SUBJECT: HB 1923 Increasing Housing Supply and Affordability
ISSUE
Council approval is required to authorize the Mayor to sign an Interagency Agreement to receive
$100,000 in grant funding that the Department of Commerce has awarded to Tukwila to take
actions to create a Housing Action Plan.
BACKGROUND
The State legislature passed HB 1923 providing $5 million to increase residential building
capacity in Washington communities. The Department of Commerce has released a grant
application, due September 30'h, 2019, for up to $100,000 per jurisdiction. These funds can be
put toward certain zoning actions, or toward a Housing Action Plan. The goal of a plan
developed using this funding source "must be to encourage construction of additional affordable
and market rate housing in a greater variety of housing types and at prices that are accessible
to a greater variety of incomes, including strategies aimed at the for -profit single-family home
market." There are seven sub -components that must be included in the plan.
DISCUSSION
The attached grant from the Department of Commerce totals $100,000 through June 2021.
Grant funds are allocated as follows:
• Housing Action Plan Sub -Regional Framework - $20, 000
Create a framework and housing needs analysis for South King County. This portion of the
funds will be pooled with Auburn, Burien, Federal Way, Kent, and Renton. Staff is
coordinating with the SKHHP member cities for a mechanism for the pooling of resources.
An interactive tool will be developed to evaluate housing distribution and need, and set
broad policy framework for strategies individual cities can explore further.
• Public Involvement Process - $10,000
To be incorporated at key points throughout plan creation, involving local apartment owners,
builders, real estate agents, nonprofit housing advocates, and local religious groups.
• Develop a Framework for the Housing Action Plan - $5, 000
Review and evaluate the status of the City's Comprehensive Plan Elements on Housing and
The Tukwila International Boulevard District as well as PSRC's Growing Transit
Communities strategies for the Tukwila International Boulevard community.
• Identify Barriers/Strategies to Encourage Higher Density Development in TOD Zone and
Propose Solutions - $20, 000
Assess existing recreation space and parking requirements for multifamily development,
evaluate the multifamily design guidelines, document and assess the effectiveness of 77
INFORMATIONAL MEMO
Page 2
current City incentives, and identify incentives and regulatory measures that build upon City
development standards.
• Consider Strategies to Minimize Displacement in TOD Zone - $25, 000
Create a list of resources for property owners to rehabilitate and maintain properties while
preserving affordable housing, and utilize Tukwila's Community Connectors or similar to
identify issues regarding displacement in the TOD zone and develop solutions.
• Incorporate Findings into a Transit -Oriented Development Housing Strategies Plan -
$20, 000
Create a cohesive and meaningful document with findings as well as a schedule of
programs and actions to implement the recommendations of the plan, and obtain City
Council approval to adopt the plan.
FINANCIAL IMPACT
No financial match needed. Staff time will be needed to manage the grant.
RECOMMENDATION
Forward this item directly to the Consent Agenda of the December 2, 2019 Regular Meeting.
This action will authorize the Mayor to sign an Interagency Agreement with the Department of
Commerce and accept grant funding for the City of Tukwila through June 2021.
ATTACHMENTS
Interagency Agreement between Tukwila and Department of Commerce through June 2021
Grant Award Letter
78 1lcitystore\City CommoMCouncil Agenda Items\DCDIHB 19231HB 1923 memo .dou
Department of commerce
Interagency Agreement with
For
City of Tukwila
through
Growth Management Services
HB 1923 Grant to adopt a housing action plan
Start date: Date of Execution
79
TABLE OF CONTENTS
Special Terms and Conditions
1. Authority...............................................................................................1
2. Contract Management............................................................................................1
3. Compensation........................................................................................................1
4. Expenses.............................................................................................1
5. Billing Procedures and Payment............................................................................1
6. Subcontractor Data Collection................................................................................2
7. Order of Precedence..............................................................................................2
General Terms and Conditions
1.
Definitions..............................................................................................................3
2.
All Writings Contained Herein................................................................................3
3.
Amendments..........................................................................................................3
4.
Assignment............................................................................................................3
5.
Confidentiality and Safeguarding of Information....................................................3
6.
Copyright................................................................................................................4
7.
Disputes.................................................................................................................4
8.
Governing Law and Venue....................................................................................4
9.
Independent Capacity of the Contractor................................................................5
10.
Licensing, Accreditation and Registration..............................................................5
11.
Recapture...............................................................................................................5
12.
Records Maintenance............................................................................................5
13.
Savings...................................................................................................................5
14.
Severability.............................................................................................................5
15.
Subcontracting.......................................................................................................5
16.
Survival...................................................................................................................6
17.
Termination for Cause............................................................................................6
18.
Termination for Convenience.................................................................................6
19.
Termination Procedures.........................................................................................6
20.
Treatment of Assets...............................................................................................
7
21.
Waiver....................................................................................................................8
Attachment A, Scope of Work
Attachment B, Budget
FACE SHEET
Contract Number: 20-63314-028
Washington State Department of Commerce
Local Government Division
Growth Management Services
HB 1923 Grant
1. Contractor
2. Contractor Doing Business As (optional)
City of Tukwila
6300 Southcenter Boulevard
Tukwila, WA 98188
3. Contractor Representative
4. COMMERCE Representative
Meredith Sampson
Eric Guida PO Box 42525
Assistant Planner
Associate Planner 1011 Plum Street SE
(206) 431-3661
(360) 725-3044 Olympia Washington
meredith.sampson@tukwilawa.gov
eric.guida@commerce.wa.gov 98504-2525
5. Contract Amount
6. Funding Source
7. Start Date
8. End Date
$100,000
State of Washington
Date of Execution
June 30, 2021
11.SWV#
12.UBI#
SWV0018023-00
179-000-208
14. Contract Purpose
HB 1923 grant funding to address housing affordability.
15. Signing Statement
COMMERCE, defined as the Department of Commerce, and the Contractor, as defined above, acknowledge and accept the terms of
this Contract and Attachments and have executed this Contract on the date below and warrant they are authorized to bind their
respective agencies. The rights and obligations of both parties to this Contract are governed by this Contract and the following
documents hereby incorporated by reference: Attachment "A" — Scope of Work, Attachment `B" — Budget, <etc.>
FOR CONTRACTOR
FOR COMMERCE
Mark Barkley, Assistant Director, Local Government Division
Date
Allan Ekberg, Mayor of Tukwila
Date
APPROVED AS TO FORM ONLY BY ASSISTANT
ATTORNEY GENERAL 6/11/2019.
APPROVAL ON FILE.
0
SPECIAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
STATE FUNDS
1. AUTHORITY
COMMERCE and Contractor enter into this Contract pursuant to the authority granted by Chapter 39.34
RCW.
2. CONTRACT MANAGEMENT
The Representative for each of the parties shall be responsible for and shall be the contact person for all
communications and billings regarding the performance of this Contract.
The Representative for COMMERCE and their contact information are identified on the Face Sheet of
this Contract.
The Representative for the Contractor and their contact information are identified on the Face Sheet of
this Contract.
3. COMPENSATION
COMMERCE shall pay an amount not to exceed $100,000 for the performance of all things necessary for
or incidental to the performance of work under this Contract as set forth in the Scope of Work.
Actions selected from the menu of twelve actions must be adopted by April 1, 2021 to receive full
funding. Budget managers should be aware that the final thirty percent (30%) of the grant amount for
each action is contingent upon adoption of the selected Action.
The final due date for Deliverables must be no later than June 15, 2021.
4. EXPENSES
Contractor shall receive reimbursement for travel and other expenses as identified below or as authorized
in advance by COMMERCE as reimbursable. Such expenses may include airfare (economy or coach class
only), other transportation expenses, and lodging and subsistence necessary during periods of required
travel. Contractor shall receive compensation for travel expenses at current state travel reimbursement
rates.
5. BILLING PROCEDURES AND PAYMENT
COMMERCE will pay Contractor upon acceptance of services provided and receipt of properly completed
invoices, which shall be submitted to the Representative for COMMERCE not more often than quarterly.
The invoices shall describe and document, to COMMERCE's satisfaction, a description of the work
performed, the progress of the project, and fees. The invoice shall include the
Contract Number 20-63314-0281f expenses are invoiced, provide a detailed breakdown of each type. A
receipt must accompany any single expenses in the amount of $50.00 or more in order to receive
reimbursement.
Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after receipt
of properly completed invoices. Payment shall be sent to the address designated by the Contractor.
COMMERCE may, in its sole discretion, terminate the Contract or withhold payments claimed by the
Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of
this Contract.
No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall
be made by COMMERCE.
COMMERCE will pay Contractor for costs incurred prior to the start date of this Agreement, if such costs
would have been allowable on or after July 28, 2019, the effective date of Engrossed Second Substitute
House Bill 1923 (2019). To be allowable, such costs must be limited to the completion of tasks and
deliverables outlined in the Scope of Work (Attachment A).
State of Washington Interagency Agreement Updated June 2019
Department of Commerce Page 1 83
SPECIAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
STATE FUNDS
Duplication of Billed Costs
The Contractor shall not bill COMMERCE for services performed under this Agreement, and COMMERCE
shall not pay the Contractor, if the Contractor is entitled to payment or has been or will be paid by any other
source, including grants, for that service.
Disallowed Costs
The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization
or that of its subcontractors.
6. SUBCONTRACTOR DATA COLLECTION
Contractor will submit reports, in a form and format to be provided by Commerce and at intervals as agreed
by the parties, regarding work under this Agreement performed by subcontractors and the portion of funds
expended for work performed by subcontractors, including but not necessarily limited to minority -owned,
woman -owned, and veteran -owned business subcontractors. "Subcontractors" shall mean subcontractors
of any tier.
7. ORDER OF PRECEDENCE
In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence
in the following order:
• Applicable federal and state of Washington statutes and regulations
• Special Terms and Conditions
• General Terms and Conditions
• Attachment A — Scope of Work
• Attachment B — Budget
• add any other attachments incorporated by reference on the Face Sheet
State of Washington Interagency Agreement Updated June 2019
84 Department of Commerce Page 2
GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
STATE FUNDS
1. DEFINITIONS
As used throughout this Contract, the following terms shall have the meaning set forth below:
A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing to
act on the Director's behalf.
B. "COMMERCE" shall mean the Department of Commerce.
C. "Contract" or "Agreement" means the entire written agreement between COMMERCE and the
Contractor, including any attachments, documents, or materials incorporated by reference. E-mail
or facsimile transmission of a signed copy of this contract shall be the same as delivery of an
original.
D. "Contractor" shall mean the entity identified on the face sheet performing service(s) under this
Contract, and shall include all employees and agents of the Contractor.
E. "Personal Information" shall mean information identifiable to any person, including, but not limited
to, information that relates to a person's name, health, finances, education, business, use or receipt
of governmental services or other activities, addresses, telephone numbers, social security
numbers, driver license numbers, other identifying numbers, and any financial identifiers.
F. "State" shall mean the state of Washington.
G. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or
part of those services under this Contract under a separate contract with the Contractor. The terms
"subcontractor" and "subcontractors" mean subcontractor(s) in any tier.
2. ALL WRITINGS CONTAINED HEREIN
This Contract contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to
exist or to bind any of the parties hereto.
3. AMENDMENTS
This Contract may be amended by mutual agreement of the parties. Such amendments shall not be
binding unless they are in writing and signed by personnel authorized to bind each of the parties.
Up to ten percent of the contract amount for each activity may be moved to another activity without a
contract amendment.
4. ASSIGNMENT
Neither this Contract, work thereunder, nor any claim arising under this Contract, shall be transferred
or assigned by the Contractor without prior written consent of COMMERCE.
5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION
A. "Confidential Information" as used in this section includes:
i. All material provided to the Contractor by COMMERCE that is designated as "confidential" by
COMMERCE;
ii. All material produced by the Contractor that is designated as "confidential" by COMMERCE;
and
iii. All personal information in the possession of the Contractor that may not be disclosed under
state or federal law.
B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer,
sale, or disclosure of Confidential Information. The Contractor shall use Confidential Information
solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any
Confidential Information to any third party except with the prior written consent of COMMERCE or
as may be required by law. The Contractor shall take all necessary steps to assure that Confidential
Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of
State of Washington Interagency Agreement Updated June 2019
Department of Commerce Page 3
85
GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
STATE FUNDS
Confidential Information or violation of any state or federal laws related thereto. Upon request, the
Contractor shall provide COMMERCE with its policies and procedures on confidentiality.
COMMERCE may require changes to such policies and procedures as they apply to this Contract
whenever COMMERCE reasonably determines that changes are necessary to prevent
unauthorized disclosures. The Contractor shall make the changes within the time period specified
by COMMERCE. Upon request, the Contractor shall immediately return to COMMERCE any
Confidential Information that COMMERCE reasonably determines has not been adequately
protected by the Contractor against unauthorized disclosure.
C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within five (5) working
days of any unauthorized use or disclosure of any confidential information, and shall take necessary
steps to mitigate the harmful effects of such use or disclosure.
6. COPYRIGHT
Unless otherwise provided, all Materials produced under this Contract shall be considered "works for
hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be
considered the author of such Materials. In the event the Materials are not considered "works for hire"
under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and interest in
all Materials, including all intellectual property rights, moral rights, and rights of publicity to COMMERCE
effective from the moment of creation of such Materials.
"Materials" means all items in any format and includes, but is not limited to, data, reports, documents,
pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes,
and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and the ability
to transfer these rights.
For Materials that are delivered under the Contract, but that incorporate pre-existing materials not
produced under the Contract, the Contractor hereby grants to COMMERCE a nonexclusive, royalty -
free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce,
distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants and
represents that the Contractor has all rights and permissions, including intellectual property rights,
moral rights and rights of publicity, necessary to grant such a license to COMMERCE.
The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of
Materials furnished under this Contract, of all known or potential invasions of privacy contained therein
and of any portion of such document which was not produced in the performance of this Contract. The
Contractor shall provide COMMERCE with prompt written notice of each notice or claim of infringement
received by the Contractor with respect to any Materials delivered under this Contract. COMMERCE
shall have the right to modify or remove any restrictive markings placed upon the Materials by the
Contractor.
7. DISPUTES
In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in
the following manner: Each party to this Agreement shall appoint one member to the Dispute Board.
The members so appointed shall jointly appoint an additional member to the Dispute Board. The
Dispute Board shall review the facts, Agreement terms and applicable statutes and rules and make a
determination of the dispute. The Dispute Board shall thereafter decide the dispute with the majority
prevailing. The determination of the Dispute Board shall be final and binding on the parties hereto. As
an alternative to this process, either of the parties may request intervention by the Governor, as
provided by RCW 43.17.330, in which event the Governor's process will control.
8. GOVERNING LAW AND VENUE
This Contract shall be construed and interpreted in accordance with the laws of the state of Washington,
and any applicable federal laws, and the venue of any action brought hereunder shall be in the Superior
Court for Thurston County.
State of Washington Interagency Agreement Updated June 2019
86 Department of Commerce Page 4
GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
STATE FUNDS
9. INDEPENDENT CAPACITY OF THE CONTRACTOR
The parties intend that an independent contractor relationship will be created by this Contract. The
Contractor and its employees or agents performing under this Contract are not employees or agents of
the state of Washington or COMMERCE. The Contractor will not hold itself out as or claim to be an
officer or employee of COMMERCE or of the state of Washington by reason hereof, nor will the
Contractor make any claim of right, privilege or benefit which would accrue to such officer or employee
under law. Conduct and control of the work will be solely with the Contractor.
10. LICENSING, ACCREDITATION AND REGISTRATION
The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and
registration requirements or standards necessary for the performance of this Contract.
11. RECAPTURE
In the event that the Contractor fails to perform this Contract in accordance with state laws, federal
laws, and/or the provisions of this Contract, COMMERCE reserves the right to recapture funds in an
amount to compensate COMMERCE for the noncompliance in addition to any other remedies available
at law or in equity.
Repayment by the Contractor of funds under this recapture provision shall occur within the time period
specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments
due under this Contract.
12. RECORDS MAINTENANCE
The Contractor shall maintain books, records, documents, data and other evidence relating to this
contract and performance of the services described herein, including but not limited to accounting
procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature
expended in the performance of this contract.
The Contractor shall retain such records for a period of six (6) years following the date of final payment.
At no additional cost, these records, including materials generated under the contract, shall be subject
at all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by
COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law,
regulation or agreement.
If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall
be retained until all litigation, claims, or audit findings involving the records have been resolved.
13. SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Contract and prior to normal completion, COMMERCE may suspend or
terminate the Contract under the "Termination for Convenience" clause, without the ten calendar day
notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding
limitations and conditions.
14. SEVERABILITY
The provisions of this contract are intended to be severable. If any term or provision is illegal or invalid
for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of
the contract.
15. SUBCONTRACTING
The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written
approval of COMMERCE.
If COMMERCE approves subcontracting, the Contractor shall maintain written procedures related to
subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause,
COMMERCE in writing may: (a) require the Contractor to amend its subcontracting procedures as they
State of Washington Interagency Agreement Updated June 2019
Department of Commerce Page 5
87
GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
STATE FUNDS
relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity;
or (c) require the Contractor to rescind or amend a subcontract.
Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The
Contractor is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term
or condition of this Contract. The Contractor shall appropriately monitor the activities of the
Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a
subcontract operate to release or reduce the liability of the Contractor to COMMERCE for any breach
in the performance of the Contractor's duties.
Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for
claims or damages arising from a Subcontractor's performance of the subcontract.
16. SURVIVAL
The terms, conditions, and warranties contained in this Contract that by their sense and context are
intended to survive the completion of the performance, cancellation or termination of this Contract shall
so survive.
17. TERMINATION FOR CAUSE
In the event COMMERCE determines the Contractor has failed to comply with the conditions of this
contract in a timely manner, COMMERCE has the right to suspend or terminate this contract. Before
suspending or terminating the contract, COMMERCE shall notify the Contractor in writing of the need
to take corrective action. If corrective action is not taken within 30 calendar days, the contract may be
terminated or suspended.
In the event of termination or suspension, the Contractor shall be liable for damages as authorized by
law including, but not limited to, any cost difference between the original contract and the replacement
or cover contract and all administrative costs directly related to the replacement contract, e.g., cost of
the competitive bidding, mailing, advertising and staff time.
COMMERCE reserves the right to suspend all or part of the contract, withhold further payments, or
prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged
compliance breach and pending corrective action by the Contractor or a decision by COMMERCE to
terminate the contract. A termination shall be deemed a "Termination for Convenience" if it is
determined that the Contractor: (1) was not in default; or (2) failure to perform was outside of his or her
control, fault or negligence.
The rights and remedies of COMMERCE provided in this contract are not exclusive and are in addition
to any other rights and remedies provided by law.
18. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Contract, COMMERCE may, by ten (10) business days written
notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If
this Contract is so terminated, COMMERCE shall be liable only for payment required under the terms
of this Contract for services rendered or goods delivered prior to the effective date of termination.
19. TERMINATION PROCEDURES
Upon termination of this contract, COMMERCE, in addition to any other rights provided in this contract,
may require the Contractor to deliver to COMMERCE any property specifically produced or acquired
for the performance of such part of this contract as has been terminated. The provisions of the
"Treatment of Assets" clause shall apply in such property transfer.
COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed
work and services accepted by COMMERCE, and the amount agreed upon by the Contractor and
COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially
completed work and services, (iii) other property or services that are accepted by COMMERCE, and
(iv) the protection and preservation of property, unless the termination is for default, in which case the
Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree
with such determination shall be a dispute within the meaning of the "Disputes" clause of this contract.
State of Washington Interagency Agreement Updated June 2019
88 Department of Commerce Page 6
GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
STATE FUNDS
COMMERCE may withhold from any amounts due the Contractor such sum as the Authorized
Representative determines to be necessary to protect COMMERCE against potential loss or liability.
The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law or under this contract.
After receipt of a notice of termination, and except as otherwise directed by the Authorized
Representative, the Contractor shall:
A. Stop work under the contract on the date, and to the extent specified, in the notice;
B. Place no further orders or subcontracts for materials, services, or facilities except as may be
necessary for completion of such portion of the work under the contract that is not terminated;
C. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the Authorized
Representative, all of the rights, title, and interest of the Contractor under the orders and
subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or
pay any or all claims arising out of the termination of such orders and subcontracts;
D. Settle all outstanding liabilities and all claims arising out of such termination of orders and
subcontracts, with the approval or ratification of the Authorized Representative to the extent the
Authorized Representative may require, which approval or ratification shall be final for all the
purposes of this clause;
E. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by
the Authorized Representative any property which, if the contract had been completed, would have
been required to be furnished to COMMERCE;
F. Complete performance of such part of the work as shall not have been terminated by the Authorized
Representative; and
G. Take such action as may be necessary, or as the Authorized Representative may direct, for the
protection and preservation of the property related to this contract, which is in the possession of
the Contractor and in which the Authorized Representative has or may acquire an interest.
20. TREATMENT OF ASSETS
Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property
furnished by the Contractor, for the cost of which the Contractor is entitled to be reimbursed as a direct
item of cost under this contract, shall pass to and vest in COMMERCE upon delivery of such property
by the Contractor. Title to other property, the cost of which is reimbursable to the Contractor under this
contract, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the
performance of this contract, or (ii) commencement of use of such property in the performance of this
contract, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first
occurs.
A. Any property of COMMERCE furnished to the Contractor shall, unless otherwise provided herein
or approved by COMMERCE, be used only for the performance of this contract.
B. The Contractor shall be responsible for any loss or damage to property of COMMERCE that results
from the negligence of the Contractor or which results from the failure on the part of the Contractor
to maintain and administer that property in accordance with sound management practices.
C. If any COMMERCE property is lost, destroyed or damaged, the Contractor shall immediately notify
COMMERCE and shall take all reasonable steps to protect the property from further damage.
D. The Contractor shall surrender to COMMERCE all property of COMMERCE prior to settlement
upon completion, termination or cancellation of this contract
All reference to the Contractor under this clause shall also include Contractor's employees, agents
or Subcontractors.
State of Washington Interagency Agreement Updated June 2019
Department of Commerce Page 7
89
GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
STATE FUNDS
21. WAIVER
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach.
Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be
such in writing and signed by Authorized Representative of COMMERCE.
State of Washington Interagency Agreement Updated June 2019
90 Department of Commerce Page 8
Attachment A
Scope of Work
A. Housing Action Plan
The goal of any such housing plan must be to encourage construction of additional affordable and
market rate housing in a greater variety of housing types and at prices that are accessible to a
greater variety of incomes, including strategies aimed at the for -profit single-family home market.
The housing action plan should:
(a) Quantify existing and projected housing needs for all income levels, including extremely low-
income households, with documentation of housing and household characteristics, and cost -
burdened households;
(b) Develop strategies to increase the supply of housing, and variety of housing types, needed to
serve the housing needs identified in (a) of this subsection;
(c) Analyze population and employment trends, with documentation of projections;
(d) Consider strategies to minimize displacement of low-income residents resulting from
redevelopment;
(e) Review and evaluate the current housing element adopted pursuant to RCW 36.70A.070,
including an evaluation of success in attaining planned housing types and units, achievement
of goals and policies, and implementation of the schedule of programs and actions;
(f) Provide for participation and input from community members, community groups, local
builders, local realtors, nonprofit housing advocates, and local religious groups, and
(g) Include a schedule of programs and actions to implement the recommendations of the housing
action plan.
Commerce will be monitoring the contracts in May and November of 2020 to review progress in
meeting milestones, deliverables and invoicing.
Action:
Steps/
Deliverables
Description
Start Date
End Date
Action 1
Housing needs analysis at a sub -regional
11 2019
6 2020
91
Attachment A
Step 1.1
Establish schedule for interjurisdictional
11/2019
12/2019
collaborative meetings between partnering
staff representatives, to cover administration
of the sub -regional housing action
framework, including consultant selection
criteria and management of contract.
Step 1.2
Hire a consultant utilizing agreed -upon
12/2019
1/2020
selection process.
Step 1.3
Develop a consultant scope of work to
1/2020
1/2020
develop a baseline of population,
employment, and housing characteristics at
he sub -regional level needed to determine
regional and local future housing needs,
develop an interactive tool for use in
evaluating housing distribution and need, and
set broad policy framework for strategies
Step 1.4
Implement the scope of work with consultant
2/2020
7/2020
and oartner cities.
Deliverable 1
South King County Housing Action Plan
7/2020
Framework
Deliverable 2
South King County Housing Market Policy
7/2020
Dashboard Tool
Action 2
Public involvement to be incorporated at
7/2020
1/2021
key points throughout plan creation
Step 2.1
Utilize Tukwila's Community Connectors or
7/2020
1/2021
similar to identify issues regarding
displacement in the TOD zone and develop
Step 2.2
Conduct outreach to local apartment owners,
7/2020
1/2021
builders and real estate agents, nonprofit
housing advocates, and local religious groups
o gain a greater understanding about issues
regarding preserving housing affordability,
redevelopment, rehabilitation and
Deliverable 3
Draft report summarizing the findings
2/2021
Action 3
Develop a framework for the Housing Action
7/2020
10/2020
Plan by reviewing and evaluating local &
regional goals, policies, regulations,
incentives, and implementation strategies
regarding housing and TOD.
92
Attachment A
Step 3.1
Review and evaluate the status of the City's
7/2020
10/2020
Comprehensive Plan Elements on Housing
and the Tukwila International Blvd District.
Step 3.2
Review and evaluate PSRC's Growing Transit
7/2020
10/2020
Communities Document about the Tukwila
International Boulevard transit community.
Deliverable 4
Draft report
2 2021
Action 4
Identify barriers to and strategies to
7/2020
1/2021
encourage higher density residential
development in Tukwila's transit -oriented
development zone and propose solutions.
Step 4.1
Assess existing recreation space and parking
7/2020
1/2021
requirements for multifamily and suggest
revisions.
Step 4.2
Evaluate multifamily design guidelines and
7/2020
1/2021
suggest revisions that lead to better
placemaking and address nimbyism.
Step 4.3
Document and assess the effectiveness of the
7/2020
10/2020
current tools and incentives the City uses to
encourage housing such as multi -family tax
exemption and opportunity zones.
Step 4.4
Identify incentives that build upon City-wide
7/2020
1/2021
tools explored under Step 4.3.
Step 4.5
Identify regulatory measures that build upon
7/2020
1/2021
City development standards.
Deliverable 5
Draft Report
2 2021
Action 5
Consider strategies to minimize
7/2020
1/2021
displacement in Tukwila's transit -oriented
Step 5.1
Create a list of resources property owners
7/2020
1/2021
can use to rehabilitate and maintain
Step 5.2
Utilize Tukwila's Community Connectors or
7/2021
1/2021
similar to identify issues regarding
displacement in the TOD zone and develop
Step 5.3
Conduct outreach to local apartment owners,
7/2021
1/2021
builders and real estate agents, nonprofit
Deliverable 6
Draft Report
2 2021
Action 6
Incorporate findings into a Transit -Oriented
1/2021
4/2021
Development Housing Strategies Plan
Step 6.1
Create a cohesive and meaningful document
1/2021
4/2021
with findings from Actions 1-6.
93
Attachment A
Step 6.2
Create a schedule of programs and actions to
1/2021
4/2021
implement the recommendations of the
Housiniz Action Plan,
Step 6.3
Obtain City Council approval and adopt plan.
2 2021
4/2021
Deliverable 7
Final Transit -Oriented Development Housing
4/2021
Strategies Plan
Attachment B
Budget
Action / Deliverables
Commerce
Other Funds [If
Funds
applicable]
Action 1. Develop a Housing Action Plan
20k
n/a
(Sub -Regional Framework).
Action 2. Public involvement to be incorporated at key points
10k
n/a
throughout the process.
Action 3. Review and evaluate the status of the current
5k
n/a
Housing Element's adopted implementation strategies.
Actions 4. Identify barriers to and strategies to encourage
20k
n/a
higher density development in Tukwila's transit -oriented
development zone and propose solutions.
Action 5. Consider strategies to minimize displacement in
25k
n/a
Tukwila's transit -oriented development zone.
Action 6. Incorporate findings into a Transit -Oriented
20k
n/a
Development Housing Strategies Plan.
Total:
100k
n/a
95
STATE OF WASHINGTON
DEPARTMENT OF COMMERCE
1011 Plum Street SE • PO Box 42525 • Olympia, Washington 98504-2525 • (360) 725-4000
www.commerce.wa.gov
November 5, 2019
The Honorable Allan Ekberg
Mayor of Tukwila
6200 Southeenter Boulevard
Tukwila, Washington 98188
RE: E2SHB 1923 Grant — Increasing Residential Building Capacity
Dear Mayor Ekberg:
I am pleased to inform you that the city of Tukwila has been awarded $100000.00 in grant funds for the
2019-21 Biennium to assist with increasing urban residential building capacity and streamlining
regulations. The Washington State Legislature created this new grant program under Engrossed Second
Substitute House Bill (E2SHB) 1923 (Chapter 348, Laws of 2019), which provides a number of eligible
land use planning activities for cities to consider implementing to increase housing capacity.
Your jurisdiction recently submitted a grant application, identifying actions it intends to develop and
adopt, as well as its grant funding need to assist with this work. Your scope of work and budget must be
consistent with the scope of work and budget included in your grant application.
This grant will be administered by the Washington Department of Commerce, Growth Management
Services unit. Before we disburse the funds, a contract with an agreed upon scope of work and budget
will need to be executed between your organization and the Department of Commerce. Funds may be
retroactively applied to project costs related to your grant scope of work, beginning July 28, 2019, the
effective date of E2SHB 1923.
Eric Guida, Senior Planner is available to help you if you have any questions. Please call
(360) 725-3044 or eric.guida@commerce.wa.gov for assistance with this contract going forward.
Sincerely,
Dave Andersen, AICP
Managing Director
Growth Management Services
cc: Meredith Sampson, Assistant Planner
Eric Guida
n
COUNCIL AGENDA SYNOPSIS
---Initials
Meefin,g Date
Prepared by
M 'ors review
Cozrneil review
11/25/19
RB
12/02/19
RB
lytL
ITEM INFORMATION
ITEM NO.
5.A.
S'I'.\FFSPONSOR: RACHEL BIANCHI
012IGIN,\I,AGI:NDA D:\"1'1?: 11/25/19
AGliNDA I'I'EI\i TI ml-,' 2020 State Legislative Agenda
CA17:GORY ❑ Discussion
Aft g Date
❑ Motion
A4tg Date
® Resolution
Aitg Date 12102119
❑ Ordinance
AItg Date
❑ BidAzvard
AItg Date
❑ Public Hearing
Altg Date
❑Other•
AIIDate
SPONSOR ❑Council ®Mayor ❑HR ❑DCD ❑Finance ❑Fire ❑T.S ❑P&R ❑Police ❑PUl" El Court
SPONSOR'S Council is being asked to adopt the city's legislative agenda for the 2020 session.
SUm,,Vuuul,
RLvnI wi?D BY ❑ C.O.W. Mtg. ❑ CDN Comm ® Finance Comm. ® Public Safety Comm.
❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 11/4 & 11/12 COMMITTEE CHAIR: ROBERTSON AND MCLEOD
RECOMMENDATIONS:
SPONSOIz/Ai),,vIIN. Administrative Services
CO:\I:\IFF"Fl Forwarded to full council for passage
COST IMPACT / FUND SOURCE
EXPHNDrI'UMI 1UQUIRFI) AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
11/25/19
Forward to next Regular Meeting
12/ 2/ 19
MTG. DATE
ATTACHMENTS
11/25/19
Informational Memorandum dated October 1, 2019
Draft Resolution
Proposed 2020 Legislative Agenda
Minutes from the 11/4 PS & 11/12 Finance Committees
12/2/19
Final Resolution
97
City of Tukwila
Washington
Resolution No.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, ADOPTING A LEGISLATIVE AGENDA FOR USE
DURING THE 2020 WASHINGTON STATE LEGISLATIVE SESSION.
WHEREAS, the City Council has agreed to pursue certain legislative issues for 2020;
and
WHEREAS, the City Council recognizes this agenda is not all encompassing, in that
certain additional items may arise during the legislative session that require support or
opposition; and
WHEREAS, a legislative agenda outlines the priority issues that elected officials may
discuss when speaking to members of the Washington State Legislature; and
WHEREAS, the City Council agreed to these priorities at the City Council Meeting on
December 2, 2019;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
The Tukwila City Council has identified priorities for the 2020 Washington State
Legislative Session that provide a framework for advocacy on behalf of the community.
The City of Tukwila 2020 Legislative Agenda is hereby incorporated by reference as
Attachment A.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of )2019.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
Attachment A: City of Tukwila 2020 Legislative Agenda
Kathy Hougardy, Council President
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
W:\Word Processing\Resolutions\Legislative Agenda for 2019 10-24-19
RB:bjs Page 1 of 1
99
ATTACHMENT A
City of Tukwila 2020 Legislative Agenda
Transportation & Infrastructure
• Provide funding for critical local infrastructure, including the Allentown Bridge, which is
Structurally Deficient and Functionally Obsolete.
• Create stable, reliable infrastructure assistance funding for cities to assist in repairing
roads, bridges and other public infrastructure that support economic development.
Housing & Human Services
• Create new and expand existing local options to generate revenue for housing and human
services and for capital construction of affordable housing.
• We strongly encourage the state to adequately fund human services programs for the
health of the safety net.
Shared Revenue
• The State must continue its role as a partner with cities, including reinstating funding for the
Public Works Assistance Account and Community Economic Revitalization Board.
• Ensure funding for Streamlined Sales Tax Mitigation payments brought back in the 2019
session remain funded and identify a longer -term funding strategy beyond the 2020/2021
biennium.
• In addition, the state must retain the local share of liquor taxes to allow jurisdictions to
address impacts, such as public safety, of privatized liquor in our cities.
• Continued support for the Department of Revenue's Business Licensing System that
has coordinated business licenses at the local and state levels.
Revenue Reform
• Allow cities the authority and flexibility to address the fact that growth in the cost of services
continue to outstrip revenues.
• The state should amend the law that limits annual property tax growth to 1 percent and work
with cities to authorize additional funding flexibility and opportunities at the local level.
Education
• Implement needs -based funding for allocation of social emotional student support resources
and expand funding for learning opportunities for summer school students.
• Increase funding for homeless students and secondary ELL students.
• Incorporate early learning for low income students as a part of Basic Education.
Preserve Lodging Tax Flexibility
• Ensure the definition of "tourist" in Washington State remains flexible to allow jurisdictions
and Lodging Tax Advisory Committees to distribute lodging tax dollars in a manner that best
serves each individual community.
Preparing for Our Future
• Enact policies to prepare to combat climate change, including adequately budgeting for its
effects and providing tools to cities to prepare and address the ramifications of flooding,
pollution and other key factors.
• Continue to invest in workforce education and job training to ensure Washingtonians have
access to high -quality career and technical education opportunities.
• Develop sufficient consumer privacy legislation to ensure that residents have access to their
own personal data and enact certain restrictions to technology that allow Washingtonians a
right to privacy.
Advancing Equity
• Develop and implement a racial equity toolkit for legislation, policies and programs to
100 advance racial equity in Washington.
CO UNCIL AGENDA SYNOPSIS
Initials
kfeeling Date
Prepared by
Al W
Couizezl review
11/25/19
EC
hy
12/02/ 19
EC
of C-
ITEM INFORMATION
ITEM NO.
5.B.
S'FAI�V SPONI;Oit: ERIC COMPTON/JOSEPH TODD
ORIGINALAGI`,Nll:\ Dxrr': 11/25/19
AGENDA I'I'1 NI Trn,r Small Cell Master License Agreement
C_\'1']iGORY ®Dircussiota
Alt Date 11/25/19
❑Motion
Alt Date
® Resolution
A1tg Date 1212119
❑Ordinance
AItg Date
❑BidAavard
A-P Date
Public Hearing
A1tg Date
❑ Other
All Date
SPONSOR ❑Council [:]Mayor ❑HR ❑DCD ❑Finance ❑Fire ®TS ❑P&R ❑Police ®1'lv ❑Court
SPONSOR'S Wireless companies can, by FCC ruling, use City facilities (poles) for 5G wireless
SUMN,InRY implementation. If Cities do not meet timelines to enable the wireless companies to
implement 5G small cell facilities the wireless companies can act without permission to
install equipment. Requesting consideration of a Council resolution adopting the use of a
Master License Agreement template for agreements with Franchisees, and forward this
proposal to Committee of the Whole on 11/25/19 and the Regular Meeting of 12/02/19.
REVII:WI_ill BY ❑ C.O.W. Mtg. ® CDN Comm ❑ Finance Comm. ❑ Public Safety Comm.
❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 11/13/19 COMMITTEE CHAIR: QUINN
RECOMMENDATIONS:
SPONSOR/ADNIIN. Technology & Innovation Services
CONIMrI" 'D" Community Development & Neighborhoods
COST IMPACT / FUND SOURCE
EXPI NI)FIVIZF RI:OUIRI(D AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $0 $0
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
11/25/19
Forward to Regular Mtg.
12/2/19
MTG. DATE
ATTACHMENTS
11/25/19
Informational Memorandum dated 11/13/19 w/ attachments
Draft Resolution
Minutes from the CDN Committee of 11/13/19
Resolution (attachment updated after 11/25/19 C
12/2/19
101
102
Cl*ty of Tu14:Wi*.1tan
Washington
Resolution No.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUKWILA, WASHINGTON, AUTHORIZING THE USE
OF A MASTER LICENSE AGREEMENT TEMPLATE TO
BE USED TO ESTABLISH AN AGREEMENT WITH
FRANCHISEES OF THE CITY.
WHEREAS, the City of Tukwila, hereinafter referred to as "City," has entered into
Franchise Agreements with certain telecommunication companies, hereinafter referred to
as "Franchisees," which, among other things, provide personal wireless service, including
data transmission and other telecommunications services to customers in the Puget
Sound region; and
WHEREAS, the Franchisees require the use of certain portions of City -owned facilities,
such as streetlight poles, traffic signal poles, etc. for the installation, operation, and
maintenance of a telecommunications system; and
WHEREAS, the City Council also recognizes that the aforementioned facilities are
generally managed and administered by the Public Works Department under its Director;
and
WHEREAS, a Master License Agreement establishes requirements, roles,
responsibilities, compensation, and approval processes between the City and Franchisees
for the use of the aforesaid City -owned facilities (collectively referred to as "Parties"); and
WHEREAS, a Master License Agreement template approved by the City Council will
allow the Parties to expeditiously enter into a Master License Agreement using pre -approved
language;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. The City Council approves adoption of a "Master License Agreement" in
a form and substance as contained within the attached Exhibit A, in a final form and
content acceptable to the City Attorney.
W:\Legislative Development\Master License Agreement template -Franchisees 6-26-19
CK:bjs Review and analysis by Barbara Saxton Page 1 of 2
103
Section 2. The Mayor of the City of Tukwila, or their designee, is authorized on
behalf of the City to sign the Master License Agreement in a form and substance
substantially the same as contained within the attached Exhibit A.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2019.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
Kathy Hougardy, Council President
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Attachment: Exhibit A —Master License Agreement for Small Wireless Facilities on City Facilities
W:\Legislative Development\Master License Agreement template -Franchisees 6-26-19
104 CK:bjs Review and analysis by Barbara Saxton Page 2 of 2
Text in track changes format denotes changes made after the
November 25, 2019 Committee of the Whole meeting.
MASTER LICENSE AGREEMENT FOR
SMALL WIRELESS FACILITIES ON CITY FACILITIES
This MASTER LICENSE AGREEMENT FOR SMALL WIRELESS FACILITIES ON
CITY FACILITIES hereinafter ("Master License") is entered into by and between the City of
Tukwila, a municipal corporation of the state of Washington (the "City"), and { insert company
name} (the "Company") (each a "party" and collectively the "parties").
RECITALS
WHEREAS, the City owns and controls certain City Facilities (defined below) in public
rights of way (ROW); and
WHEREAS, the Company is engaged in the operation of communications technology and
desires to license from the City, and the City is willing to license the City Facilities (defined below)
as authorized in Chapter 11.32 of the Tukwila Municipal Code (TMC); and
WHEREAS, this Master License applies only to the installation of Small Wireless Facilities
(defined below) on and to City Facilities which, at a minimum, comply with the requirements of
Title 11 and Title 18 of the TMC subject to the terms and conditions of this Master License. The
parties agree as follows:
1. Definitions
1.1. "City Facility(ies)" means collectively City Poles, strands between City Poles, and
portions of the right-of-way required for ground -based SWF equipment, which support small
wireless facility components, and Other City Structures as defined in Section 1.10. "City
Facility(ies)" may refer to such facilities in the singular or plural, or replacement facilities that are
not city poles, as appropriate to the context in which used.
1.2. "City Poles" means City owned and maintained street poles within publicly owned
right of way.
1.3. "Design Standards" has the same meaning as "Development Standards" as set forth in
TMC Chapter 11.040, as adopted or hereinafter amended.
Master License Agreement —Small Wireless Facilities Template pg. 1 105
1 A. "Laws" means any and all applicable statutes, codes, constitutions, ordinances,
resolutions, regulations, judicial decisions, rules, tariffs, administrative orders, court orders, or
other requirements of the City or other governmental agency having joint or several jurisdiction
over the parties to this Master License as such laws may be amended from time to time.
1.5. "Make -Ready Work" means the work required on or in a City Facility to create space
for the Small Wireless Facilities (SWF), which may include but is not limited to replacing and/or
reinforcing the existing City Facility to accommodate SWF, or rearrangement or transfer of
existing SWF and the facilities of other entities, including any necessary fiber connections and
electrical power, as further described in Section 12.
1.6. "Rent Commencement Date" is the earlier of first day of the month of which the
Company commences construction of the SWF governed by a specific Site License or 90
calendar days from the day on which the Company and the City fully execute a specific Site
License.
1.7 "FCC Declaratory Ruling" refers to the Declaratory Ruling and Third Report and
Order in the Matter of Accelerating Wireless Broadband Deployment by Removing Barriers to
Infrastructure Investment adopted by the Federal Communications Commission on September
26. 2018.
1.841.7. "Franchise Agreement" refers to a non-exclusive Franchise Agreement in effect
as adopted by Ordinance by the City Council.
1_94-.9. "Site License" means the document in the form substantially similar to Exhibit A
that, when fully executed by both parties, is subject and subordinate to the provisions of this
Master License and authorizes the Company to attach, install, operate, maintain, upgrade,
remove, reattach, reinstall, relocate and replace specific SWF on specific City Poles together
with City Facilities (if any) as identified in the specific Site License subject to the Master
License.
1.10". "Small Wireless Facilities" or "SWF" has the same meaning as set forth in 47
CFR 1.6002, as adopted or hereinafter amended.
1.11.14-0 "Other City Structure(s)" means pole(s) supporting one or more traffic signals,
flags, banners and/or signage; street furniture; trash receptacle(s); bus stop(s); and any other
similar structure(s) capable of accommodating a SWF.
2. City Facilities
2.1. The City represents as follows:
2.1.1. It owns, or will own, the City Facilities and all appurtenances as of the date that
the respective Site License is fully executed and delivered by the City;
1 Nster License Agreement —Small Wireless Facilities Template pg. 2
2.1.2. It is fully authorized to enter into this Master License; and
2.1.3. The individual executing this Master License is authorized to bind the City to
the provisions hereof.
2.2. The City hereby licenses to Company a portion of City Facilities as identified in each
fully executed Site License, incorporated herein by reference, together with non-exclusive access
rights to those City Facilities, sufficient for Company's use of those City Facilities subject to the
applicable Site License.
2.3. To the extent permitted under applicable law, the City's municipal functions or
proprietary interests are not subordinated in any way to the Company's interest under this Master
License or Site License. If the City determines that the usage of City Facilities is not feasible or
not in the best interest of the City due to the City's municipal obligations or proprietary interests,
the City in its sole discretion and decision being final may deny the Master Licensee's request to
use the City Facilities proposed in a Site License submitted pursuant to Section 24 below.
2.4. Prior to any use of the City Facilities by Company, Company must satisfy the
requirements set forth in Section 24.1 and both parties must have executed a Site License in the
form substantially similar to Exhibit A. Upon review by the City of materials submitted for a
Site License, the City may deny the installation of SWF or require additional terms and/or
conditions to determine whether the proposed SWF will comport with this Master License, the
Design Standards, or to address health, safety, or other aesthetic concerns.
2.5. Each City Facility is offered on an "as is" basis, in its present condition.
2.6. The authority granted by this Master License is a limited, non-exclusive authorization
to occupy and use designated space on certain City Facilities as identified and approved by a Site
License. All Site Licenses are subject and subordinate to the terms and conditions of this Master
License. Such use must be in compliance with the Licensee's Franchise, the TMC and all Laws.
2.7. No reference to City Facilities shall be deemed to be a representation or guarantee by
the City that its interests or other rights to control the use of such property is sufficient to permit
its use for the purposes described herein, and Company shall be deemed to gain only those rights
to use as are properly held by the City and as City may have the undisputed right and power to
give. This Master License is made subject to all easements, restrictions, conditions, covenants,
encumbrances, and claims of title which may affect said City Facilities, and it is understood that
Company, at its own cost and expense, shall obtain such other permissions, as may be necessary,
consistent with any other existing rights. No warranty of quiet title is made.
2.8. Nothing contained within this Master License shall be construed to grant or convey
any right, title, or interest in the City Facilities to the Company other than for the purpose of
placing and operating the SWF. Further, nothing in this Master License shall be interpreted to
create or vest in Company any easement or other ownership or property interest or other right to
any City Facilities, property, or public ROW. This Master License shall not constitute an
assignment of any City's rights to City Facilities, property, or public ROW.
Master License Agreement —Small Wireless Facilities Template pg. 3 107
2.9. If any provision of this Master License or the applicable Site License conflicts or is
inconsistent with the terms, conditions or requirements of the Design Standards, then the stricter
term shall have precedence.
3. Allowed Use
3.1. Company may attach, install, operate, maintain, upgrade, remove, reattach, reinstall,
relocate, and replace, at Company's sole responsibility and expense, the SWF subject to this
Master License, the applicable Site License, and compliance with the Design Standards.
Company shall not use the City Facilities for any other purpose whatsoever without the prior
written consent of the City.
3.2. Licensee is solely responsible for procuring electricity for its SWF and directly
paying its chosen electricity provider for such services. The City is not responsible for managing
Licensee's electricity needs, payments, or for supplying electricity to the SWF. Where possible
when deploying SWF, Licensee shall procure unmetered electricity services.
3.3. Company represents, warrants and covenants that SWF installed pursuant to this
Master License will be utilized solely for providing telecommunications services and Company
is not authorized to and shall not use its SWF to offer or provide any other services not specified
herein without prior written permission or agreement from the City. A telecommunications
service, for purposes hereunder, is the electronic transmission, conveyance, or routing of voice,
data, audio, video, or any other information or signal to a point or between or among points.
Telecommunications services shall not mean or include cable television services or services
other than personal wireless services.
3.4. Company, in the performance and exercise of its rights and obligations under this
Master License, shall not interfere in any manner with the existence and operation of any and all
existing and future public and private rights -of -way, sanitary sewers, water mains, storm drains,
gas mains, poles, aerial and underground electrical and telephone wires, traffic signals,
communication facilities that are pre-existing at that location, electroliers, cable television,
location monitoring services, public safety and other than existing telecommunications
equipment, utility, or municipal property, without the express written approval of the owner or
owners of the affected property or properties, except as permitted by applicable Laws or this
Master License.
3.5. In no event shall Company install, operate, modify, maintain or remove any SWF on
any City Facilities except in compliance with the terms of this Master License and the applicable
Site License. Company's violation of the provisions of this Section beyond applicable notice and
cure periods is an event of default and grounds for termination in accordance with Section 26 of
this Master License or the Site r
0%aster License Agreement —Small Wireless Facilities Template pg- 4
4. Effective Date.
All references in this Master License to the "Effective Date", "the date hereof', or similar
references shall refer to the date the Master License was fully executed by both Parties.
5. Term
The term of this Master License shall commence on the Effective Date and shall expire 10
years from Effective Date (the "Term"). If Company desires to renew this Master License, it
shall file a renewal application with the City between 180 days and 120 days prior to the
expiration of the existing term. Company must also have renewed or applied to renew the
Franchise Agreement. In the event of such filing, the City may extend the term of this Master
License for up to one year beyond the expiration date to allow processing of renewal. If City
elects to extend the term of this Master License, written notice of the extension shall be provided
to Company prior to the expiration date. The Site Licenses shall not extend this Master License.
The term of any Site License shall be 10 years, or coextensive with the Term of this Master
License, whichever is longer. If this MLA is terminated for cause, zAall Site Licenses will also
terminate with the e ,-,,,ien ter -,,.,;nation f this M rite,. r ;
6. Compensation
6.1 One -Time Fees. The City activities described in subsections 6.1.1 and 6.1.2 below
are "One -Time Fees". The City shall track its time spent reviewing the Company submittals for
Site Licenses and associated permit activities described in subsections 6.1.1 and 6.1.2 below, and
charge its hourly rate for each hour spent. The hourly rate for One -Time Fees shall be assessed
and administered consistent with standard City practice and fee schedule(s) as currently adopted
and subsequently amended or replaced, in a manner consistent with applicable law.
6.1.1. ei--License Fees'. Company shall be responsible for paying all actual and
documented costs associated with City review and processing of this Master License and Site
Licenses (or any amendment thereto) and/or the other administrative review, consultation and
inspection described in this Master License, including review of Company submittals (the
"License Fees"). Company shall have the right to amend the Site License to correct errors or
provide additional information.
6.1.2. Permit Fees: Company shall be responsible for paying all actual and
documented costs associated with City review, processing and inspection as part of all permit
applications filed for the installation, modification, maintenance and removal of SWF.
6.2 Recurring Fee:
6.2.1. Rent. Company acknowledges that the FCC has adopted a Declaratory Ruling
(FCC 18-133) that relates to the rent but that Declaratory Ruling is currently the subject of
litigation. Subsections 6.2.2 and 6.2.3 govern the payment of rent and how it may be impacted
Master License Agreement —Small Wireless Facilities Template pg• 5 109
by the coming into effect of the Declaratory Ruling and the resolution of related litigation during
the Term and any Renewal Terms.
6.2.2. During any period in which the Alternate Rent provisions in subsection 6.2.3 are
not applicable, the Company shall pay Rent as described in this paragraph. For Site Licenses
executed by both parties in 2020 24�9, Company shall pay to the City the base amount of $270.00
per calendar year for each City Pole covered by a Site License (i.e. Site Licenses may include
more than one City Pole), and such base amount shall be increased on January 1 of each calendar
year after 2020 241-9 by the Average CPI Increase, defined below (the "Rent"). For Site Licenses
executed by both parties in 2021 2020 and subsequent years, the base amount of rent shall
commence at the Rent, as adjusted annually by the Average CPI Increase, to reflect the then -
current rate. The first payment of Rent shall be paid on the Rent Commencement Date. Every
payment of Rent, after the first payment, shall be due and payable in advance on January 1 of each
calendar year throughout the term of each such Site License. There shall be no refunds of Rent
paid due to the termination or expiration of the Master License for any reason.
6.2.3. Alternate Rent. In the event the relevant provisions of the FCC Declaratory
Ruling are vacated, overturned, or in any way modified to eliminate restrictions on the City's
authority over attachment fees related to small cells,eeasetobeeffe Live by a final user- fir
e:xample, they af e vaeated of invalidated and have not been feplaeed by the FCC= with an altefnative
pTevt-mnsetting, -a-spec-ifie amount as Rent) and continuing for so long as no legal or regulatory
requirement exists that would constrain or otherwise limit the Rent that the City may charge
Company for the right to place small cells on the City Facilities, the parties agree that Rent shall
increase to the fair market value for the use of the City Facilities as determined by the City
("Alternate Rent"). If the Company disagrees with the Alternate Rent amount, it may utilize the
arbitration process described in RCW 35.21.860. The Alternate Rent shall be due sixty 60A days
after the date on which the City issues the fair market value rent calculation, or, if Company utilizes
the arbitration process, then sixt 601 days after the final arbitration decision regarding the amount
of Alternate Rent, and such amount owed may include rental amounts for the time period dating
back to the date the relevant provisions of the FCC Declaratory Ruling ceased to be effective. In
the event that a subsequent legal or regulatory requirement becomes effective that would constrain
or otherwise limit the Rent that the City may charge Company for the right to place small cells on
the City's property in the public right-of-way, the parties agree that Alternate Rent shall again be
adjusted to comply with such legal or regulatory requirement upon its effective date. The Alternate
Rent shall be increased on January 1 of each calendar year by the Average CPI Increase. For Site
Licenses executed by both parties in 2820 2021 and subsequent years, the base amount of rent
shall commence at the Alternate Rent, as adjusted annually by the Average CPI Increase, to reflect
the then -current rate. Alternate Rent for the first calendar year of a Site License for each individual
City Pole shall be pro -rated based on the number of days covered from the Rent Commencement
Date to December 31. The first payment of Alternate Rent shall be paid on the Rent
Commencement Date. Every payment of Alternate Rent, after the first payment, shall be due and
payable in advance on January 1 of each calendar year throughout the term of each such Site
License. There shall be no refunds of Alternate Rent paid due to the termination or expiration of
the Master License for any reason.
1 Aster License Agreement —Small Wireless Facilities Template pg. 6
6.2.4. The City agrees that, irrespective of whether the relevant provisions of the FCC
Declaratory Ruling (FCC 18 13 ceases to be effective as described above, no Alternate Rent
shall be due for any periods during which the relevant provisions of the FCC Declaratory Ruling
were in effect. However, if Company has paid Rent pursuant to the provisions of subsection
6.2.2 above for a calendar year, and the relevant provisions of the FCC Declaratory Ruling
subsequently cease to be effective during the same calendar year, the Company shall pay the
difference between the Rent and the Alternate Rent for the period from the date the relevant
provisions of the FCC Declaratory Ruling ceased to be effective, until December 31 of that year
("Rent Adjustment"). Such Rent Adjustment shall be paid to City on January 1 of the following
year.
6.2.5. "Average CPI Increase" means the rolling 5 year average annual percentage
increase in the Consumer Price Index for All Urban Consumers (Seattle -Tacoma- Bellevue, WA)
(CPI-U) preceding the January 1 when the increase is being applied to the Rent and the Alternate
Rent, calculated by adding the annual percentage increases reported by the U.S. Bureau of Labor
Statistics as of October of the relevant years, dividing by five, and rounding to the nearest tenth
of a percent. For example, the Average CPI Increase calculated for adjusting Rent/Alternate Rent
on January 1, 2019 is 2.4% (based on the average of the following annual increases: October
2018 at 3.1 %; October 2017 at 3.0%; October 2016 at 2.4%; October 2015 at 1.2%; and October
2014 at 2.1%, yielding 2.36%).
6.2.6. Rent or Alternate Rent shall be delivered or mailed to the Tukwila Finance
Department located at: 6200 Southcenter Boulevard, Tukwila, WA 98188. Rent payment must
reference the City Pole Identifier, Company's site ID# and Site License Permit Number.
6.2.7. Receipt of any Rent or Alternate Rent by the City, with knowledge of any
breach of this Master License by Company, or of any default on the part of Company in the
observance or performance of any of the conditions or covenants of this Master License, shall
not be deemed a waiver of any provision of this Master License.
6.2.8. If any sums payable to City under this Master License are not received by the
City on or before the 1 Oth day following its due date, Company agrees to pay a late fee of 5% of
the unpaid Rent or Alternate Rent for all Site Licenses for which payment was not received.
Where a check is returned to the City by a bank or other financial institution with the indication
that the check cannot be honored, there shall be a fee assessed to Company based on the current
statutory maximum allowed. City and Company agree that such charges represent a fair and
reasonable estimate of the costs incurred by City by reason of late payments and uncollectible
checks, and the failure by Company to pay any such charges by no later than 30 days after
Company's receipt of written demand therefore by City shall be a default under this Master
License. City's acceptance of less than the full amount of any payment due from Company shall
not be deemed an accord and satisfaction, waiver, or compromise of such payment unless
specifically agreed to in writing by City.
Master License Agreement —Small Wireless Facilities Template pg. 7 111
7. Taxes, Assessments and Utilities
In addition to the Rent, Company shall pay when due directly to the applicable authority all
applicable taxes arising with respect to Company's activities and business under this Master
License including, without limitation, paying to the City the utility tax as defined in TMC
Chapter 3.50 and any other taxes, fees, charges or assessments that may be due.
8. Permits
8.1. Prior to performing any construction, maintenance or repair work on the City
Facilities, the Company shall secure all necessary federal (including any FCC or FAA
requirements), state and local licenses, permits and approvals, including but not limited to, a
Franchise Agreement, land use permits/approvals as required, ROW Use permits, traffic control
plans, proof of agency and permits for the construction and operation of the SWF or installation
of a replacement pole (collectively referred to hereinafter as "Government Approvals") at its sole
expense. No Government Approval shall be considered a substitute for a City approval required
by this Master License, and no approval granted under this Master License shall be considered a
Government Approval.
8.2. Company must obtain Governmental Approvals for each Site License prior to the
commencement of any build -out of the SWF and within 12 months after the effective date of the
Site License. The Site License shall automatically terminate on the expiration of such 12 month
period if the necessary Government Approvals are not obtained; provided, however that such 12
month period may be extended upon approval by the City, which approval shall not be
unreasonably withheld, delayed or conditioned.
9. Non -Interference with City Facilities
9.1. Outside the use of the City Facilities for the City's primary service obligations and
historic uses, and as required for public health and safety, the City shall not use the City
Facilities, that are subject to any Site License in any way that materially interferes with the
operations of Company authorized by such Site License. Such interference shall be terminated
within 72 hours of written notice. Notwithstanding the foregoing, nothing in this Section shall be
construed to imply that Company is seeking or entitled to a license with the City that will
interfere with the primary service obligations and historical or planned uses of the City Facilities
by the City.
9.2. To the extent any SWF interferes or disturbs equipment owned by any third party,
Company shall notify such third party directly and shall make good faith efforts to resolve the
matter with such third party prior to involving the City.
1 ester License Agreement —Small Wireless Facilities Template pg. 8
10. Interference
10.1. Company shall not place SWF in any manner or in any location that would cause
degradation in the operation or use of communications systems, data/telemetry, or street lighting
at the City Facilities which serve the City or other pre-existing users, including but not limited to
Puget Sound Emergency Response Network (PSERN) or its successor entity. This would include
but not be limited to impacting the received or transmitted signal strength or patterns of any
systems at the site serving the needs of the City. If such interference has not been corrected
within 30 days of Company's receipt of the initial written notice from the City, Company or City
may terminate the applicable Site License, or terminate the Site License to the extent applicable
to the interfering SWF, upon 30 days' written notice to the other party and neither party shall
have any further obligations or responsibilities under the Site License. Notwithstanding anything
else in this Section, if at any time the operation of SWF interferes with the reception or
transmission of public safety communications, Company shall immediately cease operation of
the interfering SWF until such time as the interference is corrected.
10.2. In the event of an emergency or to protect the public health or safety, prior to the City
accessing or performing any work on a City Facility on which Company has installed SWF, City
may require Company to deactivate such SWF if any of the City's employees or agents must
move closer to the SWF than the Federal Communication Commission ("FCC") recommended
minimum distance. In such case, the City will contact Company as per Exhibit B to request
immediate deactivation. Company's SWF shall include an emergency override switch for use by
the City that would turn off the system in case of a public safety emergency that presents the
threat of immediate and irreparable harm, such that notification to Licensee is not feasible or
practical. Once the work has been completed and worker(s) have departed the exposure area, the
party who accomplished the power -down shall cause power to be restored and inform the
Company as soon as reasonably possible that power has been restored.
10.3 Notwithstanding anything to the contrary in this Master License, the parties
acknowledge that: (a) the non-interference rules, regulations and policies of the Federal
Communications Commission apply to this Master License; and (b) if Company informs City
that a subsequent use is creating irreconcilable interference, and the City is in privity of contract
with such subsequent user, the City will use commercially reasonable efforts to assist Company
in resolving such interference, which assistance may include requesting that the user modify or
remove its equipment to eliminate the interference.
11. Compliance with Laws: Hazardous Materials
11.1. Company shall, at all times and at its sole responsibility and expense, comply with all
applicable Laws relating to the installation, operation, maintenance, repair and/or removal of the
SWF, including FCC regulations for compliance with limits on human exposure to radio
frequency (RF) emissions. Company shall defend, indemnify and hold harmless the City and its
employees and agents against any claims arising from any violations by Company, its agents or
employees, of any such Laws. The indemnity provision of this paragraph shall survive the
termination or expiration of this Master License.
Master License Agreement —Small Wireless Facilities Template pg. 9 113
11.2. RF Exposure Compliance. Company's SWFs must comply with all standards and
regulations of the FCC and any other state or federal government agency with the authority to
regulate exposure to radio frequency (RF) emissions. Company or its representative shall include
in any application for a Site License certification that the SWF(s) will comply with applicable RF
emissions limits, and at the City's written request, must conduct on -site post -installation RF
emissions testing in accordance with applicable rules, and certify actual compliance with the
applicable RF emissions limits for general population/uncontrolled RF exposure, and provide a
copy of such post -installation compliance report to the City.
11.3. Company shall not use the City Facilities for any illegal purposes nor violate any
applicable law, nor cause or permit any nuisance, nor trespass, nor do any act on the City Facilities
that would increase the rate of insurance thereon; nor deface, damage or overload the structural
components of any structures or City Facilities.
11.4. Company shall not cause or permit any Hazardous Materials (defined below) to be
brought upon, stored, used, released or disposed of on the City Facilities that would cause the City
Facilities to be in violation of any applicable Laws or would require remediation or correction to
the City Facilities.
11.5. "Hazardous Materials" means any dangerous, toxic or harmful substance, material or
waste that is or becomes regulated by any local government authority, the State of Washington, or
the United States Government due to its potential harm to the health, safety or welfare of humans
or the environment. Company shall be responsible for all spills or other releases of any Hazardous
Materials that may occur on the City Facilities arising out of Company's activities or caused by
the Company, its employees, contractors, subcontractors, or invitees; and, at Company's cost, shall
promptly conduct any investigation and remediation as required by any applicable Laws, at
Company's sole cost.
11.6. Company shall indemnify, defend and hold harmless the City from any and all claims,
judgments, damages, penalties, fines, costs, liabilities or losses, including without limitation,
diminution in the value of the City Facilities, damages for loss or restriction of use of the City
Facilities, and sums paid in settlement of claims, reasonable attorneys' fees, consultant and expert
fees, investigation, clean-up, remediation or other costs incurred or suffered by the City, arising
out of any use, storage, release or disposal of Hazardous Materials by Company, its employees,
contractors, subcontractors, or invitees. This indemnification shall survive the termination or
expiration of this Master License.
12. Make Ready
12.1. Company shall bear all costs for all Make -Ready work, including installing SWF and
replacing or retrofitting existing City Facilities. Such costs shall include, but are not limited to,
costs for dismantling or removal of the existing City Facilities and appurtenances in compliance
with the TMC, removal and replacement of foundation, replacement streetlight, replacement of
junction boxes to non-skid boxes, additional conduit if needed, and geotechnical analysis (as
appropriate for soil and foundation stability, etc.), replacement of hardscape, vegetation or other
11 Master License Agreement —Small Wireless Facilities Template pg. 10
existing urban design features impacted by the work. Any such replacement shall be subject to
prior approval by the City and approved as part of the Site License. If Company or a person
other than City or Company acting on Company's behalf would have to rearrange or adjust any
of its facilities in order to accommodate SWF, Company shall be responsible, at Company's sole
expense, to coordinate such activity. Company shall be responsible for directly paying such other
person for its charges for the same.
12.2. The SWF shall be conditioned on the completion of all Make -Ready Work needed to
establish full compliance with NESC, and with City's regulatory rules and engineering and plan
standards. If Company is requested by another person, in comparable circumstances, to relocate
or adjust any SWF to accommodate that person's facilities, subject to City's written approval of
such relocation, Company shall reasonably cooperate with such request, at no cost to Company.
12.3. Within 20 business days of completing Make Ready, Company shall notify City of
such completion.
12.4. Upon inspection and acceptance by the City, the Company agrees to assign
ownership of any replacement pole (together with the foundation and related access conduits,
handholds, etc.) to the City, and prepare any ancillary documentation or agreement. City may
require Company to deliver written evidence (reasonably acceptable to the City) of the deed of
dedication of the replacement pole (together with the foundation and related access conduits,
handholds, etc.), along with the assignment of any warranties applicable to the replacement pole,
including, without limitation, manufacturer's, installation, and other service provider warranties.
12.5. Where City approves the installation of a replacement pole, the pre-existing pole and
foundation must be removed, to the extent required by the City, by Company within 30 days
after the installation of the replacement pole and restored to a condition equal to or better than
existed prior to such removal.
13. Company Maintenance
13.1. Company shall, at its sole cost and expense and to the reasonable satisfaction of the
City: (a) remove, repair or replace any of its SWF that is damaged or becomes detached; and/or
(b) repair any damage to the ROW, City Facilities, or other property, whether public or private,
caused by Company, its agents, employees or contractors in their actions relating to attachment,
operation, repair or maintenance of SWF. Company shall complete such removal, repair, or
replacement within 30 days of receipt of the City's written notice.
13.2. Company shall perform any SWF normal/regular maintenance consistent with the
terms of its programmatic ROW Use Permit during such hours that will minimally interfere with
the City's primary use of the City Facilities; provided further that Company shall be permitted
access to the SWF without being required to give notice in the event of an emergency, provided
that the Company shall submit to the City, no later than 15 days after the emergency, a written
report describing the emergency and the reason(s) why immediate access to the City Facilities
was required. In the event of: (i) a public emergency, such as, but not limited to, road failure,
Master License Agreement —Small Wireless Facilities Template P& 11 115
evacuation, natural disasters, hazardous substance spills, fatal accidents; and/or (ii) during City
use at the City Facilities, Company's access may, at the reasonable discretion of the City, be
temporarily limited or restricted; provided, that any temporary limitation or restriction in
Company's access shall be restored as soon as the circumstances shall allow, as determined by the
City, in its sole discretion.
13.2.1. Company shall designate a Network Operations Center (NOC), to serve as the
primary point of contact for the City with regard to SWF maintenance and access. The contact
information for such contact is attached hereto as Exhibit B. Company may modify the NOC or
secondary contact information by providing notice to the City pursuant to Section 31.5. Company
shall communicate and provide notice to the City staff designated on Exhibit B for all maintenance
and access requirements.
13.2.2. Company shall meet with the City, and other telecommunications operators if
necessary, upon request, to schedule and coordinate construction and maintenance of the City
Facilities, site equipment and use of the ROW.
13.2.3. Outside of the City's regular business hours, Company shall be required to
contact the on -call staff detailed on Exhibit B to make arrangements for City staff to provide
access. Company shall be responsible for any costs incurred for the on -call time to respond to the
after-hours access. Payment is due 60 days after receipt of invoice.
13.3. If Company does not remove, repair, replace, or otherwise remediate such damage to
its SWF as required in Section 13.1, the City shall have the option to perform or cause to be
performed such removal, repair, or replacement on behalf of Company and shall charge Company
for the time and actual costs incurred by the City. If such damage causes a public health or safety
emergency, as reasonably determined by the City in its sole discretion, the City may immediately
and without notice perform reasonable and necessary repair or removal work on behalf of
Company and will notify Company as soon as practicable; provided, such repair shall not include
any technical work on the SWF. A public health and safety emergency for purposes of this section
is defined as a condition as to immediately endanger the public right-of-way (such as obstructing
the free passage of traffic) and/or the property, life, health, or safety of any individual.
13.4. Upon the receipt of a demand for payment by the City pursuant to this Section 13,
Company shall within 30 days of such receipt reimburse the City for such costs.
13.5. The terms of this Section 13 shall survive the expiration, completion or earlier
termination of this Master License.
14. Repairs by City; Increased Maintenance Costs; Emergency Situations
14.1. Notwithstanding Sections 12 and 13, the City reserves the right to make alterations,
repairs, additions, removals and improvements to all or any part of the City Facilities for any
operational purpose. City shall make a good faith effort to give Company 72 hours prior notice of
any City work if such work will impair the operation of the SWF. Such notice shall be given to
11 Master License Agreement —Small Wireless Facilities Template pg. 12
the Company pursuant to Section 31.5. Further, City shall allow a representative of Company to
observe the work and City shall take reasonable steps not to disturb Company's normal use of the
SWF. Company's use of the City Facilities may not impede or delay City's authority and ability
to make any changes to the City Facilities necessary to maintain street lighting or to continue with
the historic purpose of the City Facilities.
14.2. City shall have no duty to Company to make any repairs or improvements to the City
Facilities. City is not responsible for any third -party damage to SWF.
14.3. The City retains the right and privilege to take proper emergency measures, as the City
may determine to be necessary, appropriate, or useful in response to any public health or safety
emergency. If the City becomes aware of an emergency before the Company, then the City shall
notify Company by telephone or e-mail promptly upon learning of the emergency and shall
exercise reasonable efforts to avoid an interruption of Company's operations.
14.4. The City will not be liable in any manner, and Company hereby waives any claims, for
any inconvenience, disturbance, loss of business, nuisance, or other damage arising out of the
City's access to the SWF, including the removal of SWF from a City Facility in an emergency,
except damage resulting directly and exclusively from the sole negligence or willful misconduct
of the City or its agents and not contributed to by the acts, omissions, or negligence of Company,
its agents, or contractors.
14.5. Company will turn antennas and other SWF producing radio frequency off, or
authorize the City to do so, when the City performs any work on the City Facility. The City will
endeavor to provide Company 72 hours advanced oral notice to Company of maintenance and
installation work with estimated outage time and required power -down of the SWF. If the
Company fails to turn off the SWF producing radio frequency, the City may take reasonable steps
to turn them off.
14.6. City shall not be liable for any damages to any person or property, nor shall Company
be relieved from any of its obligations under this Master License, as a direct or indirect result of
temporary interruption in the electrical power provided to the City Facilities. Under no
circumstances shall City be liable for indirect, special, incidental, or consequential damages
resulting from such an interruption.
14.7. If the City, while making any repairs or improvements to City Facilities as described
by this section, or conducting such emergency work as described by this Section, should incur any
extra costs derived from the presence of SWF, then Company shall reimburse City for all
reasonable costs associated therewith within 30 days of receipt of an invoice detailing costs.
15. Sub -licensing. Subleasing_and Assignment by Company
15.1. The rights and privileges granted to Company as provided in this Master License may
not be assigned or transferred to any other entity without written approval of the City, which shall
not be unreasonably withheld, conditioned or delayed; provided, however, that upon written notice
Master License Agreement —Small Wireless Facilities Template pg. 13 117
to the City, Company may assign or transfer the rights and privileges granted herein to any parent
or subsidiary of Company, to an entity with or into which Company may merge or consolidate, to
an entity which controls, is controlled by, or is under common control with such entity or to any
purchaser of all or substantially all of the assets of Company in the market defined by the FCC in
which the City Facilities are located without the requirement for City approval, so long as the
successor provides written notice to the City that it is then fully liable to the City for compliance
with all terms and conditions of this Master License. The Company shall reimburse the City for
all reasonable costs and expenses reasonably incurred by the City in considering a request to
transfer or assign this Master License.
15.2. Company may assign this Master License in whole or in part for collateral security
purposes. The Company shall provide prompt, written notice to the City of any such assignment.
In the case of transfer or assignment as security by mortgage or other security instrument in whole
or in part to secure indebtedness, such consent (which City may withhold in its discretion) shall
not be required unless and until the secured party elects to realize upon the collateral. In no event
shall the City be required to obtain lender consent or to notify any lender to access the equipment
or exercise any of its remedies in event of default.
15.3. Company need not own all components of SWF subject to this Master License, and
may permit its customers to maintain ownership of disparate SWF components. However, (1) all
SWF must be wholly under the control and management of Company; and Company shall be liable
for all acts or omissions, and all harms associated with the SWF whether the same are its acts or
omissions, or the acts or omissions of the owner of the SWF; (2) Company acknowledges and
agrees that no rights of ownership in SWF by Company's customers shall permit any such
customer to enter upon, or use any portion of the City' Facilities or the SWF, in any other manner
or at any other place, including to add to, or modify or install SWF, which shall be Company's
sole responsibility; and (3) in no event shall the City be required to obtain the consent or approval,
or to provide any notice to any person or entity other than the Company related to this Master
License.
16. Sub -Licensing and Assignment by City
16.1. Should the City sell, lease, license, transfer, or otherwise convey all or any part of the
City Facilities that are the subject of this Master License to any transferee other than Company,
such transfer shall be subject to this Master License.
16.2. The City retains the right to license or enter into any type of agreement for any portion
of the City Facilities for any reason, including but not limited to, co -locating wireless facilities,
provided such use will not unreasonably interfere with the Company's use of the City Facilities.
16.3. The City may transfer and assign its rights and obligations hereunder and no further
liability or obligation shall thereafter accrue against the City hereunder, provided that the assignee
or transferee assumes, in writing, all of the City's obligations under this Master License, which
shall remain in full force and effect.
11 §,,,ter License Agreement —Small Wireless Facilities Template pg. 14
17. Improvements. Fixtures and Personal Property, Inspection by Cilv_
17.1. The Parties agree that, notwithstanding any provision of statutory or common law,
the SWF shall not become affixed to or a part of the City Facilities or any structure on the City
Facilities, but shall remain the exclusive property of the Company.
17.2. Prior to installing any new SWF or other improvements on the City Facilities after
the Effective Date or the effective date of any Site License, Company shall submit to the City for
approval such information regarding the proposed work as the City may request, including,
without limitation, plans and specifications of the planned modifications and Company's
proposed schedule, for the City's written approval, and these plans shall include the results of the
RF emissions tests consistent with the requirements of this Master License.
17.3. Prior to commencing any construction activities on the City Facilities, Company shall
secure approval of the modifications and work schedule by the City, which approval shall not be
unreasonably withheld, delayed or conditioned. During any construction activities by Company
on the City Facilities, representatives of the City shall have the right to inspect any and all
improvements and to require reasonable revisions to the Company's improvements to ensure that
the respective uses of the City Facilities are compatible.
17.4. Any revisions to equipment after initial installation shall require an amendment to the
Site License and payment of an Administrative Fee based on the hourly rates then in effect
pursuant to the adopted fee schedule. Payment of this fee shall be due 30 days after receipt of
invoice. Approval of the City under this Master License to such modifications does not relieve
Company from obtaining permits and/or Governmental Approvals as necessary to commence
such modifications. Replacement of like parts or modification during maintenance and repair is
acceptable without specific approval under this Master License provided that: (a) such like -for -
like replacement or modification does not change the visual appearance or size, or increase
weight or noise of the SWF; and (b) Company provides written notice explaining in reasonable
detail the nature of the parts replacement and/or other modifications within 10 business days of
occurrence, including certification that the level of RF emissions exposure from the SWF
remains within the limits for general population/uncontrolled population exposure. At the City's
written request, Company must conduct a new on -site RF emissions testing in accordance with
applicable rules, and certify actual compliance with the applicable RF emissions limits for
general population/uncontrolled RF exposure, and provide a copy of such updated compliance
report to City.
17.5. The City may from time -to -time access the City Facilities to inspect any work done
by Company to ensure compliance with the approved plans and specifications, to require
reasonable revisions to ensure that the respective uses of the City Facilities are compatible. This
right shall not impose any obligation upon the City to make inspections to ascertain the safety of
Company's improvements, SWF, or the condition of the City Facilities.
Master License Agreement —Small Wireless Facilities Template pg. 15 119
18. Destruction of or Damage to the City Facilities
18.1. If the City Facilities or any structure on the City Facilities is destroyed or damaged by
fire or casualty so as to render the City Facilities and/or SWF unfit for use by the Company, and
if in the reasonable judgment of the City or Company, the damage cannot be repaired within 90
days following the date of such damage, either party may terminate the applicable Site License
upon written notice to the other party, whereupon the Site License shall terminate on the date of
such notice and Company shall surrender the effected City Facilities to the City within 90 days.
Within 15 days after such damage, City shall notify Company as to whether the City expects to
complete such repair within 90 days. If the City Facilities are damaged by fire or casualty, but
not rendered wholly unfit for use, Company may elect promptly to repair such damage to its
SWF. City shall not be liable to Company for any direct or indirect or consequential damages
including but not limited to inconvenience, annoyance, or loss of profits, nor for any expenses,
or any other damage resulting from the repair of such damage. Further, City shall not be
responsible for any repair, modification, arranging, or rearranging of any portion of the City
Facilities or for the termination of the Site License as provided herein, unless the damage was
caused by the willful misconduct or negligence of the City. Rent for the affected SWF shall
abate until Company is able to occupy the applicable City Facilities.
18.2. In the event the City Facilities are rebuilt and/or repaired as outlined above, the City
shall consider other temporary locations on the City Facilities at the City's sole discretion. If an
area is approved by both the City and Company, Company may construct, operate and maintain
its SWF until the City Facilities are fully restored and operational. During the use of the
temporary location, Rent shall continue and be payable to the City.
19. Condemnation
If all or any portion of the City Facilities is needed, taken, vacated, conveyed, or condemned
for any public purpose such that the Company cannot use its SWF on the City Facilities, either
party may terminate the applicable Site License. All proceeds from any taking or condemnation
of the Site or City Facilities shall belong and be paid to the City. Company shall have all rights
to its SWF, which shall not be included in any taking or condemnation.
20. Insurance
20.1. At Company's sole cost and expense, Company shall maintain throughout the term of
this Master License insurance as set forth in the Franchise Agreement adopted by Tukwila
Ordinance No. {insert number}, incorporated herein.
20.2. No more than once per each Renewal Term period, the City may require increases in
said coverage by written notice to Company, as the City deems reasonably necessary generally
consistent with industry standards.
2n aster License Agreement —Small Wireless Facilities Template pg. 16
20.3. Company's maintenance of insurance as required by this Section 20 shall not be
construed to limit the liability of Company to the coverage provided by such insurance, or
otherwise limit the City's recourse to any remedy available at law or equity. Further, Company's
maintenance of insurance policies required by this Master License shall not be construed to
excuse unfaithful performance by Company.
21. Hold Harmless
21.1. The City and its employees and agents shall not be liable for injury or damage to any
persons or property, including City Facilities, resulting from the installation, operation or
maintenance of the SWF on the City Facilities, except to the extent caused by City's sole
negligence or willful misconduct.
21.2. Company releases, covenants not to bring suit, and agrees to indemnify, defend, and
hold harmless the City, its officers, employees, agents, and representatives from any and all
claims, costs, judgments, awards, or liability to any person, for injury or death of any person, or
damage to property caused by or arising out of any acts or omissions of Company, its agents,
servants, officers, employees and contractors in the performance of this Master License and any
rights granted within this Master License, or the presence of the SWF itself, except to the extent
such claims, costs, judgments, awards, or liability are the result of the City's sole negligence or
willful misconduct.
21.3. Inspection or acceptance by the City of any work performed by Company at the time
of completion of construction shall not be grounds for avoidance by Company of any of its
obligations under this Section. These indemnification obligations shall extend to claims that are
not reduced to a suit and any claims that may be compromised.
21.4. The City shall promptly notify Company of any claim or suit and request in writing
that Company indemnify the City. City's failure to so notify and request indemnification shall
not relieve Company of any liability that Company might have, except to the extent that such
failure prejudices Company's ability to defend such claim or suit.
21.5. Company may choose counsel to defend the City at Company's sole expense subject
to this Section 21, provided the City consents to the Company's choice of counsel, which
consent shall not be unreasonably withheld. In the event that Company refuses the tender of
defense in any suit or any claim, as required pursuant to the indemnification provisions within
this Master License, and said refusal is subsequently determined by a court having jurisdiction
(or such other tribunal that the parties shall agree to decide the matter), to have been a wrongful
refusal on the part of Company, Company shall pay all of the City's reasonable costs for defense
of the action, including all expert witness fees, costs, and attorney's fees, and including costs and
fees incurred in recovering under this indemnification provision. If separate representation to
fully protect the interests of both parties is necessary, such as a conflict of interest between the
City and the counsel selected by Company and approved by the City to represent the City, then
upon the prior written approval and consent of Company, which shall not be unreasonably
withheld, the City shall have the right to employ separate counsel in any action or proceeding
Master License Agreement —Small Wireless Facilities Template pg. 17 121
and to participate in the investigation and defense thereof, and Company shall pay the reasonable
fees and expenses of such separate counsel. The City's fees and expenses shall include all out-
of-pocket expenses, such as consultants and expert witness fees, and shall also include the
reasonable value of any services rendered by the counsel retained by the City (including the use
of in-house counsel). Each party agrees to cooperate and to cause its employees and agents to
cooperate with the other party in the defense of any such claim and the relevant records of each
party shall be available to the other party with respect to any such defense.
21.6. The parties acknowledge that this Master License is subject to RCW 4.24.115.
Accordingly, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of Company and the
City, its officers, officials, employees, and volunteers, Company's liability shall be only to the
extent of Company's negligence. It is further specifically and expressly understood that the
indemnification provided constitutes Company's waiver of immunity under Title 51 RCW,
solely for the purposes of this indemnification. This waiver has been mutually negotiated by the
parties.
21.7. Company acknowledges and agrees that Company bears all risks of loss or damage or
relocation or replacement of its SWF from any cause, and the City shall not be liable for any cost
of replacement or of repair to damaged SWF, including, without limitation, damage caused by
the City's removal of the SWF, loss of line of sight path, activities conducted by the City, its
officers, agents, employees, volunteers, elected and appointed officials, or contractors, except to
the extent any such damage or destruction is caused by or arises from any negligent, willful
misconduct, or criminal actions on the part of the City, its officers, agents, employees,
volunteers, or elected or appointed officials, or contractors. Company releases and waives any
and all such claims against the City, its officers, agents, employees, volunteers, or elected or
appointed officials, or contractors.
21.8. Company shall indemnify, hold harmless and defend the City against any claims for
damages, including, but not limited to, business interruption damages and lost profits, brought by
or under users of the SWF as the result of any interruption of service due to damage or
destruction of the SWF caused by or arising out of activities conducted by the City, its officers,
agents, employees or contractors, or any third parties, except to the extent any such damage or
destruction is caused by or arises from the sole negligence, willful misconduct, or criminal
actions on the part of the City, its officers, employees, or elected or appointed officials. This
limitation of liability shall apply even if City is advised of the possibility thereof, whetliq such
damages arise out of breach of contract, breach of warranty, negligence, strict liability or any
other theory of liability and whether such damages were foreseeable or not at the time this
Master License was executed.
21.9. Neither party shall be liable to the other, or any of their respective agents,
representatives, employees for any lost revenue, lost profits, loss of technology, rights or
services, incidental, punitive, indirect, special or consequential damages, loss of data, or
interruption or loss of use of service, even if advised of the possibility of such damages, whether
under theory of contract, tort (including negligence), strict liability or otherwise.
12gaster License Agreement —Small Wireless Facilities Template pg. 18
21.10. The provisions of this Section 21 shall survive the expiration, revocation, or
termination of this Master License.
22. Performance Bond
Company shall furnish a surety bond or bonds, in form reasonably acceptable to City,
covering faithful performance of this Master License and payment of all obligations arising
thereunder, including but not limited to proper construction, long-term facility maintenance, rent,
timely removal of equipment and restoration. The bond shall be in force during the entire term or
subsequent extensions or month -to -month tenancies. The performance bond for this Master
License shall not only indemnify City for the usual performance provisions of this Master
License, but in addition shall be a bond to guarantee payment of any and all tax liability of any
type, kind, nature or description due as a result of this Master License. Said performance bond
shall be issued to City prior to the issuance of any approvals for the construction of its SWF on
the City Facilities. If City so uses or applies any portion of the performance bond, Company
shall, upon notice, restore the performance bond to the full amount above specified, and
Company's failure to do so shall constitute a material breach of this Master License. This
performance bond shall be in addition to any construction or maintenance bonds imposed by the
City as part of its permitting process. This performance bond shall remain in place until all of
Company's SWF has been removed by Company unless otherwise permitted to remain by City.
The amount of the bond shall be $100,000.
23. Nondiscrimination
Company, for itself, its successors, and assigns as a part of the consideration hereof,
does hereby covenant and agree to comply with all civil rights and anti -discrimination
requirements of Laws applicable to the City Facilities, including, without limitation, Chapter
49.60 RCW and Title 49, Code of Federal Regulations, U.S. Department of Transportation,
Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally assisted programs of
the U.S. Department of Transportation —Effectuation of Title VI of the Civil Rights Act of 1964,
and as said regulations may be amended. In the event of breach of any of the above
nondiscrimination covenants, the City shall have the right to terminate the Master License and to
re-enter and repossess the City Facilities, and hold the same as if said Master License had never
been made or issued.
24. Site License Application Process
24.1. Prior to installation of any SWF on a City Facility, the Company shall first obtain a
Site License issued by the City. To request a Site License, Company shall submit the Franchise
Utility Site License Application in the form attached as Exhibit A, executed by Company and
accompanied by all of the submittal requirements specified by the City of Tukwila Public Works
Department. The Site License must include Company's certification that the plans submitted
comply with the Design Requirements, if required.
Master License Agreement —Small Wireless Facilities Template pg. 19 123
24.2. As appropriate, City may in its discretion require Company to make design
modifications in order to comply with the published design requirements, to address safety
concerns, or applicable contractual, regulatory, or legal requirements or may ask additional
questions as necessary to determine feasibility of use of the City Facilities, provided that such
requirements are consistent with the TMC and with those applied to similar wireless installations
on City Poles and Other City Structures installed by third parties, and applicable Law. Company
shall make any required design modifications within ninety 90� days of receipt of written notice
from City.
24.3. The Site License and all attachments which are required to be submitted in
conjunction therewith may be required to be provided in digital format.
24.4. If the City receives more than one Site License for the same City Pole or Other City
Structure, then the license shall be awarded to the first Site License signed by both parties and
for which the Company has submitted the first payment of Rent or Alternate Rent.
25. Default, City Remedies
25.1. Default
The following occurrences shall each be deemed an "Event of Default" by Company, if any
such occurrence continues beyond the applicable notice and cure period set forth in Section 27,
below:
25.1.1. Failure to Pay. Company fails to pay any sum, including Rent or taxes, due
under this Master License upon the due date.
25.1.2. Abandonment. Company's failure to remove SWF as further described in
Section 29.3.
25.1.3. Insolvency. Immediately, upon written notice, if a receiver is appointed to take
possession of Company's assets, Company makes a general assignment for the benefit of
creditors, or Company becomes insolvent or takes a suffers action under the Bankruptcy Act.
Waiver or acceptance by the City of any default of the terms of this Master License by Company
shall not operate as a release of Company's responsibility for any prior or subsequent default.
25.1.4. Lapsed Governmental Approvals. Company fails to maintain or obtain any
Governmental Approvals, through no fault of Company, required to install and operate SWF and
continues to operate such SWF.
25.1.5. Failure to Maintain Insurance. Company fails to maintain appropriate
insurance as required pursuant to the Franchise Agreement adopted by Tukwila Ordinance No.
{insert number}.
1 2 ,ter License Agreement —Small Wireless Facilities Template pg. 20
25.1.6. Prohibited Assignment. Company assigns this Master License in violation of
Section 15.
25.1.7. Interference. Company operates or maintains its SWF in a manner contrary to
the interference obligations in Sections 9 and 10.
25.1.8. Improper Construction. Company constructs or installs SWF without first
obtaining a Site License.
25.1.9. Failure to Construct or Install Per Approved Design. Company constructs,
installs or modifies any SWF in any manner that does not comply with the requirements of the
applicable Site License.
25.1.10. Ceases to Provide Telecommunications Services. That Company ceases to
operate as a provider of telecommunications services under Federal Law.
25.1.11.Other Defaults. Company violates any material agreement, term or covenant
of this Master License.
25.1.12. City Remedies. Subject to the cure period described in Section 27 below,
the City shall have the following remedies upon an Event of Default. The City's rights and
remedies under this License shall be cumulative, and none shall exclude any other right or
remedy allowed by law.
25.1.13. Continuation of License. Without prejudice to its right to other remedies,
the City may continue this License and applicable Site License Addendums in effect, with the
right to enforce all of its. rights and remedies, including the right to payment of Rent and
other charges as they become due for the remainder of the then -existing term. City may elect, in
its discretion, upon written notice to Company, to suspend processing or response of any/all
Company requests, or granting of any/all approvals required of the City, with respect to any
matter (or requested matter) pursuant to this License.
25.1.14. Termination of License. If Company's default is of such a serious nature in
the City's sole judgment that the default materially affects the purposes of this License, the City
may terminate this License. Termination of this License will affect the termination of all Site
License Addendums issued under it automatically and without the need for any further action
by the City. The City will have the right to make any terminated portion of the City Facilities
available for use to other parties as of the effective date of the termination, even if SWF is still
on the City Facilities. Upon termination of this License, Company will remain liable to City for
damages in an amount equal to the Rent and other sums that would have been owed by Company
under this License for the balance of the Initial Term or Renewal Term (as the case may be),
provided that if Alternate Rent is being applied, then Company shall be liable to City for
damages in the amount equal to the Rent and other sums that would been owed by Company
under this License for the one (1) year period following the effective date of termination.
Master License Agreement —Small Wireless Facilities Template pg. 21 125
25.1.15. Termination of Site License Addendums. If an Event of Default specific to
one or more Site License Addendums is not cured by Company within the applicable cure
period, City may terminate such specific Site License Addendum(s).
25.1.16. Interest and Collection Costs on Past Due Monetary Obligations. If
Company fails or refuses to pay any of its payment obligations due under this License
(including without limitation any Site License Addendum) on the due date, then Company is
obligated to pay and shall immediately pay interest on amount due calculated at the lesser of
ten percent (10%) per annum or the highest rate of interest allowed under applicable law. Interest
shall be calculated on a per day basis commencing on the due date and continuing until paid in
full. If Company fails or refuses to any or all amounts due upon written demand, then Company
shall be liable to pay all collection costs and reasonable attorneys' fees incurred with respect
thereto. Notwithstanding any other provision of this agreement, the accrual of interest on past
due monetary obligations is automatic and does not require the giving of notice.
25.2 City Default and Company Remedies. City shall be deemed in default of this
Master License if it violates any material agreement, term or covenant of this Master License
and does not cure such violation within the cure period described in Section 27, below. Upon the
Event of Default by City, Company may terminate this Master License and any applicable Site
License.
25.3. City Remedies. Subject to the cure period described in Section 27, below, the City
shall have the following remedies upon an Event of Default. The City's rights and remedies
under this Master License shall be cumulative, and none shall exclude any other right or remedy
allowed by law.
25.3.1. Continuation of Master License. Without prejudice to its right to other
remedies, the City may continue this Master License and applicable Site Licenses in effect, with
the right to enforce all of its rights and remedies, including the right to payment of Rent and
other charges as they become due for the remainder of the then -existing term. Until a default is
cured, City may elect, in its discretion, upon written notice to Company, to suspend processing
or response of any/all Company requests, or granting of any/all approvals required of the City,
with respect to any matter (or requested matter) pursuant to this Master License.
26. Termination of Site License.
In addition to the parties' rights contained in Section 25 (upon the occurrence of an Event of
Default), the parties have the additional termination rights contained in this Section 26.
26.1. City's Termination Rights. Subject to the cure provision of Section 27, the City has
the right to terminate any Site License if the City determines that Company's exercise of its
rights under this Master License:
1 4aster License Agreement —Small Wireless Facilities Template pg. 22
26.1.1. Interferes with the City's use of the City Facilities and/or the structures on the
City Facilities for the municipal purposes for which the City owns and administers such
structures/site, which may include the necessity to widen a street or for other municipal projects
that result in removing the streetlight.
26.1.2. Poses an immediate and ongoing threat to public health or safety or constitutes
a public nuisance.
26.1.3. Unreasonably interferes with the use of the City Facilities or structures thereon
by a governmental agency with which the City has an agreement to provide services to the City,
e.g. PSERN or its successor entity.
26.1.4. That Company ceases to operate as a provider of telecommunications services
under federal law. In such a situation the City shall have the option, in its sole discretion and
upon 6 months' written notice to Company, to terminate this Master License and to require the
removal of the SWF from the City Facilities, pursuant to Section 29, including the cost of any
site remediation, at no cost to the City.
26.1.5. Notwithstanding the above and not subject to the Cure provisions listed under
Section 27, the City shall have the following additional termination rights:
a. Immediate Removal. Notwithstanding the above, the City, may in its sole
discretion, determine that exigent circumstances require immediate removal of
SWF from a City Pole or other City Structure. Such exigent circumstances may
only include reasons of public health, safety or the need to provide street lighting.
Company shall remove its SWF within 48 hours' notice, unless such longer period
is provided by the City. The applicable Site License will terminate upon the
removal of the SWF.
b. Immediate Deactivation. Notwithstanding the above, if the Company attaches,
installs, constructs or modifies SWF in any manner which exceeds the requirements
of the Design Standards, the City may require the Company to deactivate the
noncompliant Equipment upon 48 hours' notice, unless such longer period is
provided by the City.
c. Pole Removal. The City has the right to remove any City Facilities that it
determines in its sole judgment is unnecessary for its municipal purposes (for
example street light operations and any of the circumstances listed in Section 28.1).
If the City decides to remove a City Facility, it shall provide Company with at least
60 days' written notice to remove its SWF from the City Facility. The applicable
Site License will terminate upon the removal of the SWF.
d. Pole Replacement. The City has the right to replace any City Facilities that it
determines in its sole judgment is necessary for its municipal operations. If the City
decides to replace a City Facility, it shall provide Company with at least 60 days'
written notice to remove its SWF from the City Facility. At City's option the
applicable Site License will terminate upon the removal of the SWF or City may
allow Company, at Company's sole cost and expense, to relocate its SWF on the
replacement pole.
Master License Agreement —Small Wireless Facilities Template pg. 23 127
26.1.6. No Further Obligation. Upon termination under this Section 26, neither party
will owe any further obligation to the other party provided that Company is not in arrears in
making its Rent or other required payments; provided however that Company shall, at
Company's sole cost, remove its SWF and restore the site to at least the condition in which it
existed at the Rent Commencement Date or better, and provided that, if the City terminates this
Master License pursuant to Section 26, the City shall, at Company's option, attempt to find
alternative sites on other City property in order to allow Company to continue to provide service
within the City Facilities as further described in Section 28. Further, to the extent that City
received any pre -paid Rent related to the terminated Site Licenses, City shall refund such pre-
payments to Company.
26.1.7. Termination by Company. The Company has the right to terminate any Site
License upon 90 days' notice in the event Company determines in its sole discretion that it
desires to discontinue use of the City Facilities for any reason whatsoever provided Company
terminates according to this Section.
27. Cure
Neither party shall be in default under this Master License until 30 days after receipt of
written notice of default from the other; provided, however, where such default cannot
reasonably be cured within 30 days, the defaulting party shall not be in default if it commences
to cure such default within said 30 day period and diligently pursues cure to completion.
28. Relocation
28.1. Company understands and acknowledges that City may require Company to relocate,
temporarily or permanently, one or more of its SWF installations. Company shall at City's
direction and upon 90 days' prior written notice to Company, relocate such SWF at Company's
sole cost and expense whenever City reasonably determines that the relocation is needed for any
of the following purposes: (a) if required for the construction, modification, completion, repair,
relocation, or maintenance of a City or other public agency project; (b) because the SWF is
interfering with or adversely affecting proper operation of City owned poles, traffic signals,
communications, or other City Facilities; (c) to protect or preserve the public health or safety; or
(d) as described in Section 12. In any such case, City shall use reasonable efforts to afford
Company a reasonably equivalent alternate location. If Company shall fail to relocate any SWF
as requested by the City in accordance with the foregoing provision, City shall be entitled to
remove or relocate the SWF at Company's sole cost and expense, without further notice to
Company. Company shall pay to the City actual and reasonable costs and expenses incurred by
the City in performing any removal work and any storage of Company's property after removal
within 30 days of the date of a written demand and supporting documentation for this payment
from the City. The City will promptly inform Company of the displacement or removal of any
City Facility on which any SWF is located.
1 2paster License Agreement —Small Wireless Facilities Template pg. 24
28.2. In the event Company desires to relocate any SWF from one City Facility to another,
Company shall so advise City and shall submit a Site License consistent with Section 24 for
approval by City.
28.3. Company acknowledges that the signing of this Master License does not entitle the
Company to assistance under the Uniform Relocation and Real Property Acquisition Policy (Ch.
8.26 RCW).
29. Removal of SWF Upon Termination
29.1. Within 90 days after the expiration or earlier termination of a Site License or this
Master License, unless a shorter window of time applies under this Master License, Company
shall promptly, safely, and carefully remove the SWF from the applicable City Facilities and
shall restore the City Facilities to the condition in which they existed at the Rent Commencement
Date or better. In the event that the Company replaced any City Pole with a "purpose-built"
replacement pole, then upon expiration or termination of a Site License or this Master License,
and upon request by the City, the Company shall, at Company's sole expense, replace the
purpose built pole with a replacement pole meeting the current standard design and construction
criteria of the City. Rent shall continue to accrue during any time period in which Company
continues to have SWF on the City Facilities. Such obligation of Company shall survive the
expiration or earlier termination of this Master License. If Company fails to complete this
removal work pursuant to this Section 29, then the City, upon written notice to Company, shall
have the right at the City's sole election, but not the obligation, to perform this removal work
and charge Company for the actual and documented costs and expenses, including, without
limitation, reasonable administrative costs. Company shall pay to the City actual and
documented costs and expenses incurred by the City in performing any removal work and any
storage of Company's property after removal within 45 days of the date of a written demand for
this payment from the City. After the City receives the reimbursement payment from Company
for the removal work performed by the City, the City shall promptly make available to Company
the property belonging to Company and removed by the City pursuant to this Section 29 at no
liability to the City.
29.2. If the City does not receive reimbursement payment from Company within such 45
days, or if City does not elect to remove such items at the City's cost after Company's failure to
remove pursuant to this Section, or if Company does not remove Company's property within 45
days of such property having been made available by the City after Company's payment of
removal reimbursement as described above, any items of Company's property remaining on or
about the ROW, City Facilities, or stored by the City after the City's removal thereof may, at the
City's option, be deemed abandoned and the City may dispose of such property in any manner
by law. Alternatively, the City may elect to take title to abandoned property, and Company shall
submit to the City an instrument satisfactory to the City transferring to the City the ownership of
such property. Provided, however, that nothing contained within this Section 29 shall prevent the
City from compelling Company to remove any such SWF through judicial action when the City
has not permitted Company to abandon said SWF in place.
Master License Agreement —Small Wireless Facilities Template pg. 25 129
29.3. The SWF, in whole or in part, may not be abandoned by Company without written
approval by the City. Any plan for abandonment or removal of SWF must be first approved by
the City, and all necessary permits must be obtained prior to such work. Notwithstanding the
above, the City may permit SWF to be abandoned and placed in such a manner as the City may
prescribe. Upon permanent abandonment, Company shall execute such necessary documents to
transfer title to City.
29.4. Prior to removal of its SWF, Company shall notify the City in writing when the SWF
has been removed and comply with any other requirements under Law.
29.5. The provisions of this Section 29 shall survive the expiration, revocation, or
termination of this Master License.
30. Records, Audits
30.1. No more than once a year the City may require such information, records, and
documents from Company from time to time as are appropriate to reasonably monitor
compliance with the terms of this Master License.
30.2. Company shall provide such records within 30 days of a request by the City for
production of the same unless additional time is reasonably needed by Company, in which case,
Company shall have such reasonable time as needed for the production of the same, but no
longer than 60 days. If any person other than Company maintains records on Company's behalf,
Company shall be responsible for making such records available to the City.
30.3. Company shall be responsible for clearly and conspicuously identifying any records
as confidential or proprietary and shall provide a brief written explanation as to why such
information is confidential and how it may be treated as such under State or federal law. In the
event that the City receives a public records request under Chapter 42.56 RCW or similar law for
the disclosure of information Company has designated as confidential, trade secret, or
proprietary, the City shall promptly provide written notice of such disclosure request pursuant to
the City's City Clerk's rules so that Company can take appropriate steps to obtain injunctive
relief to prevent disclosure of claimed confidential records. Nothing in this Section prohibits the
City from complying with Chapter 42.56 RCW or any other applicable law or court order
requiring the release of public records. City shall not be liable to Company for its good faith acts
in determining release of records, including confidential records, is in compliance with any law
or court order requiring the release of public records. The City shall comply with any injunction
or court order obtained by Company and not stayed that prohibits the disclosure of any such
confidential records; however, in the event a higher court overturns such injunction or court
order and such higher court action is or has become final and non -appealable, Company shall
reimburse the City for any fines or penalties imposed for failure to disclose such records as
required hereunder within 60 days of a request from the City.
1 "[Master License Agreement —Small Wireless Facilities Template pg. 26
31. Miscellaneous
31.1. Modifications. This instrument contains all the agreements and conditions made
between the parties hereto and may not be modified orally or in any manner other than by an
agreement in writing signed by all parties thereto. No failure on the part of either party to
enforce any covenant or provision herein contained, nor any waiver of any right hereunder,
unless in writing signed by the waiving party, shall discharge or invalidate such covenant or
provision or affect the right of either party to enforce the same in the event of any subsequent
breach or default.
31.2. Broker's Fee. If Company is represented by a real estate broker or other agency in
this transaction, Company shall be fully responsible for any fee due such broker and shall hold
the City and its employees and agents harmless from any claims for a commission by such
broker or agency.
31.3. Cooperation in Execution of Subsequent Documents. The City and Company agree
to cooperate in executing any documents necessary to protect the rights of the parties granted by
this Master License.
31.4. Headings. The headings to paragraphs or sections of this Master License are for
convenience only and shall have no effect on the construction or interpretation of any paragraph
hereof.
31.5. Notices. Except as otherwise designated in this Master License, any notice, request,
demand, statement, or consent herein required or permitted to be given by either party to the
other hereunder, shall be in writing signed by or on behalf of the party giving the notice and
addressed to the other at the address(es) as set forth in Exhibit B. Each party may, by notice in
writing, change its address for the purpose of this Master License, which address shall thereafter
be used in place of the former address. Each notice, demand, request, or communication which
shall be mailed to any of the aforesaid shall be deemed sufficiently given, served, or sent for all
purposes hereunder: (i) two business days after it shall be mailed by United States registered or
certified mail, postage prepaid and return receipt requested, in any post office or branch post
office regularly maintained by the United States Postal Service; (ii) upon personal delivery; or
(iii) one business day after deposit with any recognized commercial air courier or express
service. Any communication made by e-mail or similar method shall not constitute notice
pursuant to this Master License.
31.6. Entire Agreement. This Master License and any attached exhibits constitute the
entire agreement between the City and the Company; no prior written or prior contemporaneous
or subsequent oral promises or representations shall be binding except that any subsequently
adopted City policies and procedures for telecommunications/communications license
agreements, Site Licenses and final applicable permits shall be binding on the parties.
31.7. Executed in Counterparts. This Master License may be executed in any number of
counterparts, each of which shall be an original, but all of which together shall constitute but one
instrument.
Master License Agreement —Small Wireless Facilities Template P& 27 131
31.8. Governed by Laws of the State of Washington. This Master License shall be governed
and construed by and in accordance with the laws of the State of Washington, without reference
to its conflicts of law principles.
31.9. Venue. Company agrees that the venue of any action or suit concerning this Master
License shall be in the State and Federal Courts located in King County, and all actions or suits
thereon shall be brought therein.
31.10. Legal Fees. In any lawsuit between the parties with respect to the matters covered by
the Master License, the prevailing party will be entitled to receive its reasonable attorney's fees
and costs incurred in the lawsuit, in addition to any other relief it may be awarded.
31.11. Binding on Successors. This Master License shall be binding upon and inure to the
benefits of the heirs, executors, administrators, successors and assigns of the parties.
31.12. Failure to Insist upon Strict Performance. The failure of either party to insist upon
strict performance of any of the terms or conditions of this Master License shall not constitute a
waiver thereof.
31.13. No Recording. Company shall not record any documents (such as, for example, a
memorandum, lien, assignment or security interest) against City's title without City's express prior
written approval which it may withhold in its sole discretion.
31.14. Business License. Prior to constructing any SWF or providing services within the
City, Company shall obtain a business and/or utility license from the City.
31.15. Severability. The provisions of this Master License shall be deemed severable and if
any portion shall be held invalid, illegal or unenforceable for any reason, the remainder of this
Master License shall be effective and binding upon the parties.
31.16. No Third Party Beneficiaries. It is not intended by any of the provisions of this Master
License to create for the public, or any member thereof, a third -party beneficiary right or remedy,
or to authorize anyone to maintain a suit for personal injuries or property damage pursuant to the
provisions of this Master License.
31.17 Change of Law. In the event that after this Master License becomes effective: (a)
there is a change in or clarification of the Law which changes, broadens or clarifies the authority
or obligations of the City or the Company with respect to any act permitted or authorized under
this Master License; or (b) the State of Washington or any agency thereof or any agency of the
Federal government require Company or the City to act in a manner which is inconsistent with
any provisions of this Master License; or (c) any term, article, section, subsection, paragraph,
provision, condition, clause, sentence, or other portion of this Master License, or its application to
any person or circumstance, shall be held to be illegal, invalid or unconstitutional for any reason
by any court or agency of competent jurisdiction; or (d) because of a change in circumstances, the
City, at its sole discretion, believes that amendments to this Master License are necessary or
appropriate, then the City and the Company agree to enter into good faith negotiations to amend
132aster License Agreement —Small Wireless Facilities Template pg. 28
this Master License so as to enable the City and Company to address, in a manner reasonably
acceptable to the City and Company, such Master License or other development which formed the
basis for the negotiations. The City and Company recognize that the purpose of the negotiations
would be to preserve, to the maximum extent consistent with Law, the intent, scope and purpose
of this Master License.
If the terms of this Master License are materially altered due to changes in or clarifications
governing Law or due to agency rulemaking or other action, then the Parties shall negotiate in
good faith to reconstitute this Master License in a way consistent with then -applicable Law in a
form that, to the maximum extent possible, is consistent with the original scope, intent and purpose
of the City and Company and preserves the benefits bargained for by each Party.
31.18. Survival. All of the provisions, conditions and requirements of Sections 11, 21,
25.1,16, 29, and 30 shall survive the expiration or termination of this Master License.
31.19 Force Majeure. Time periods for performance under this Master License shall be
deemed extended day for day for time lost attributable to any delay resulting from any Event of
Force Majeure. An "Event of Force Majeure" means any act of God, strike, or material or labor
shortage, or other events, if the occurrence was not reasonably foreseeable by the party and is
beyond the reasonable control of the party whose performance is required under this Master
License. As soon as reasonably practicable following the date of commencement of an Event of
Force Majeure, and within a reasonable time following the date of termination of an Event of Force
Majeure, any party invoking it shall submit to the other party reasonable proof of the nature of the
Event of Force Majeure, if the proof is not otherwise apparent due to the nature of the event, and
of its effect upon the performance of that party's obligations under this Master License. Company
shall, at all times, take commercially reasonable steps within its powers to: (a) prevent an Event
of Force Majeure affecting the performance of Company's obligations under this Master License;
(b) mitigate the effect of any Event of Force Majeure to the extent reasonably possible given the
conditions; and (c) ensure resumption of the performance of this Master License as soon as
practicable and continue compliance with its obligations under this Master License.
Master License Agreement —Small Wireless Facilities Template pg. 29 133
IN WITNESS WHEREOF, the parties hereto have executed this Master License
Agreement on the respective dates below indicated.
CITY OF TUKWILA
BY:
Printed name
Title:
Date:
APPROVED AS TO FORM:
Office of the City Attorney
STATE OF WASHINGTON
COUNTY OF KING
[COMPANY NAME]
BY:
Printed name
Title:
Date:
I certify that I know or have satisfactory evidence that
is the person who appeared before me, and said person acknowledged that (he/she) signed this
instrument, on oath stated that (he/she) was authorized to execute the instrument and
acknowledged it as the of
to be the free and voluntary act of such party for the uses and purposes mentioned in the
instrument.
DATED this
(SEAL)
day of , 20
(Signature)
Notary Public
Name as commissioned:
My appointment expires:
1 34aster License Agreement —Small Wireless Facilities Template pg. 30
STATE OF WASHINGTON
COUNTY OF KING
I certify that I know or have satisfactory evidence that
is the person who appeared before me, and said person acknowledged that (he/she) signed this
instrument, on oath stated that (he/she) was authorized to execute the instrument and
acknowledged it as the of
to be the free and voluntary act of such party for the uses and purposes mentioned in the
instrument.
(SEAL)
DATED this day of , 20
(Signature)
Notary Public
Name as commissioned:
My appointment expires:
Master License Agreement —Small Wireless Facilities Template pg. 31 135
EXHIBIT A
City of Tukwila Permit Number
Department of Public Works
6300 Southcenter Boulevard, Suite 100
Tukwila WA 98188 (206) 433-0179
Franchise Utility Site License Application
Small Wireless Facilities
Name of Utility Master License Agmt No. / Exp. Date
Street Address
City / State / Zip
Applicant Name Phone No.
Field Contact Person Phone No. (office, cellular, etc.)
License. This is a Site License as referenced in that certain Master License Agreement between The City and Utility
Company (Company), dated ("License'). The purpose of the Site License is for the Company to reserve one or
more City Facilities. This License is subject and subordinate to the terms and conditions of the Master License. In the
event of a contradiction, modification or inconsistency between the terms of the Master License and this License, the
terms of the Master License shall govern. Capitalized terms used in this License shall have the same meaning described
for them in the Master License unless otherwise indicated herein.
Term. The term of this License shall commence on the Rent Commencement Date and shall terminate upon the Master
License termination unless earlier terminated by a party consistent with the Master License. Upon termination of the
Master License and, consequently, this License, Company shall comply with all applicable Master License terms and
conditions.
Fees. Company understands it is required to timely pay any Administrative Fees due and payable for this Site License in
accordance with the terms and conditions of the Master License and the Public Works Fee Schedule. Company shall pay
Rent for Small Wireless Facility to be installed on each City Pole pursuant to this Site License in accordance with the
Master License and the Public Works Fee Schedule. In addition, Company pay such additional fees and charges such as
are required pursuant to the terms of the Master License.
Application is hereby made by the above -referenced utility to the municipality of the City of Tukwila to perform work
as noted below or as shown on attached drawing(s). A certification by the Company stating the plans submitted
comply with the Design Requirements, if applicable, is required. As part of the work description, please indicate any
lane closures that may be required and the desired time(s) for same.
Pole Numbers:
Other City Structures:
1 "master License Agreement —Small Wireless Facilities Template pg. 32
EXHIBIT A
Consistent with Section 8.2 of the Master License Agreement, if governmental approvals have not been obtained, or if
governmental approvals have been obtained earlier than 90 days, and work has not commenced within 90 calendar
days from the date of approval as shown below, unless otherwise extended by mutual written agreement (e-mail is
acceptable), this permit shall be deemed closed and the requested City Poles and/or Other City Structures will be
made available to other applicants. if.. e -i, has net eafmntneneed within on eale daF days f+om the date of p,.,., val as
shown belew, this pepmit shall be deemed elesed and the Fequested Gity Poles and,lor- Othef Gity Stftiettit:es ;,Yill be
made available to ether- applieafits.
The applicant shall comply with all State and local laws or ordinances and the applicable Franchise Utility Agreement
and Master License Agreement. Work performed under this permit shall adhere to the following:
1. 24 hours prior to construction, the contractor shall notify the Project Inspector at (206) 433-0179.
2. Prior to construction, all utilities in the vicinity shall be field located. NOTE: For City of Tukwila utility locates,
call One -Call at 811 or 1-800-424-5555.
3. Detours within the public right-of-way shall be in accordance with the current edition of the Manual on Uniform
Traffic Control Devices. A traffic control plan shall be submitted for prior approval when requested by the Project
Inspector.
4. For work within a public street, no open cut is allowed unless specifically approved.
5. The utility contractor shall carry a minimum of $2,000,000 liability insurance (personal injury, property damage),
and be licensed in the State of Washington to carry out this kind of work.
6. Prior to removal of any vegetation, contact a planner in the Department of Community Development (206-431-
3670) as vegetation removal may require approval via a permit and replacement.
Application Date:
Intake Date
Plan Revision Date:
Initial Completeness Due:
Intake+10 days
Revised Review Due:
City of Tukwila
Initial Review Due:
Approval Signature Date of Approval
Name (Printed) Expiration of Site License Agreement
Utility Company
Applicant Signature Utility Company Name
Applicant Name (Printed) Date of Application
Applicant Title (Printed)
Intake+90 days
Master License Agreement —Small Wireless Facilities Template pg. 13 137
Exhibit B
Contact Inform ation/Notices
If to City:
If to Company:
City of Tukwila
6200 Southcenter Blvd
Tukwila, WA 98188
ATTN: City Clerk
With copies to:
With copies to:
City of Tukwila
6300 Southcenter Blvd, Ste 100
Tukwila, WA 98188
ATTN: Public Works Director
For Emergencies:
For Emergencies:
City of Tukwila Public Works
Telephone: (206) 433-0179
Fax: (206) 431-3665
6300 Southcenter Blvd, Ste 100
Tukwila, Washington 98188
City of Tukwila Maintenance Shops
Telephone: (206) 431-1860
Fax: (206) 575-3404
600 Minkler Boulevard
Tukwila, Washington 98188
City of Tukwila Police Department
Telephone: (206) 433-1808
Fax: (206) 244-6181
6200 Southcenter Boulevard
Tukwila, Washington 98188
1 3§aster License Agreement —Small Wireless Facilities Template pg. 34
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Pre,pared by
Mayors review
Council rec�iew
12/02/19
T E H
ITEM INFORMATION
ITEM NO.
5.C.
STAFF SPONSOR: JOSEPH TODD/JACK PACE
12/2/19
AcI;NDA ITr.NI Tn,u Permit system update /Trakit transition to Cloud/ New contract
Cx1,rcORn' ❑ Difcuesion
Alt Date
® Motion
11-Itg Date 1212119
❑ Resolution
A1lg Date
❑ Ordinance
IIS Dale
❑ BidAward
11tg Date
❑ Public Flearing
Wtg Date
❑ Other
IIIg Date
SPONSOR ❑ Council ❑Mayor- ❑ HR ®DCD ❑ Finance ❑ Fire ® 7 S ❑Pe-R ❑ Police ❑ PI V ❑ Court
SPONSOWS The on premise Trakit permitting system is in need of modernization.
SUNINI'uZy In order to mitigate risks, improve, and stabilize the Trakit Permitting system in support of
the One Stop Permitting efforts throughout the City, the committee is being asked to
approve the contract with Superion to move Trakit to Central Square's hosted cloud
environment, and to forward to the Regular meeting of 12/02/2019 Consent Agenda.
m, ❑ C.O.W. Mtg. ® CDN Comm ❑ finance Comm. ❑ Public Safety Comm.
❑ Trans &Infrastructure ❑Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 11/26/19 COMMITTEE CIIAIR: QUINN
RECOMMENDATIONS:
SPONSOR/ADMIN. Technology & Innovation Services & Depart of Community Development
CONIN111-11 l', Community Development & Neighborhoods
COST IMPACT / FUND SOURCE
LXPI?NllCl'URI; Rl;<)Ulltl?D AMOUNT BUDGETED APPROPRIATION REQUIRED
$57582 $57582 $0
Fund Source: 000.08.558.500.48.00, 000.322.900.04.00
Comments: Project allocated in 201912020 budget. The technology fee will pay for ongoing impacts
MTG. DATE
RECORD OF COUNCIL ACTION
12/2/19
MTG. DATE
ATTACHMENTS
12/02/19
Informational Memorandum dated 11/26/19 (updated)
Proposed Contract - Tukwila WA Host Q-00012021 (updated)
Minutes from the 11/26 Community Development & Neighborhoods Committee meeting
(distributed separately)
139
140
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Community Development and Neighborhood Committee
FROM: Joseph Todd (TIS), Joel Bush (TIS), Jack Pace (DCD)
BY: Tami Eberle -Harris (TIS) / Rachelle Ripley (DCD)
CC: Mayor Ekberg
DATE: November 26, 2019
SUBJECT: Permit system update /Trakit transition to Cloud/ New contract
ISSUE
Permitting software upgrade- Trakit system stabilization to support One Stop Permitting
BACKGROUND
The City's current permit tracking system is Trakit. We have used this system since 2013. It
is currently used by the City's Building Division, Planning, Public Works, Code Enforcement
and Rental Housing. Fire Department is transitioning permits issued by them into Trakit,
online services are limited to scheduling inspections or checking the status of permit. The city
desires to provide more robust online permitting services.
The City purchased the online permitting module eTrakit in 2013, but was unable to
implement it due to lack of technical support from the company. The company was sold
multiple times. Many of the vendor's long-term knowledgeable staff members quit. Upgrades
were notoriously buggy, which made the risk to upgrade outweigh the potential benefits.
Improvements to the system could be realized with an upgrade from Trakit9 to newer
releases, but vendor instability resulted in upgrade efforts stalling as the vendor was not able
to support customization and bug fixes that were required to get online permitting (eTrakit)
fully functioning.
Prevalent concerns with the stability of the vendor prompted TIS and DCD to publish an RFQ
for a new permitting system. This resulted in only five vendor responses.
DISCUSSION
In 2018, Trakit's vendor Superion was involved in a merger that formed Central Square
Technologies. Improvements in areas of support and road map are being observed with the
merger.
Contracting with Superion to move Trakit to Central Square's hosted cloud environment is
recommended to stabilize the system. This move will align with the cities strategic goals to
move to cloud and will include an update to a supported version of Trakit called Community
Development, on newer infrastructure with updated software.
141
INFORMATIONAL MEMO
Page 2
The new environment will include a replacement for eTrakit with online portal called Citizen
Engagement. This will provide the capability for integrated online permitting, from the
application submittal, fee payment, through permit issuance.
During contract negotiations, Superion agreed to waive the 2017 & 2018 maintenance fees
($70,143) and apply 2019 maintenance fees ($39,000) towards the new 2020 contract. There
are stipulations in the contract for availability targets; customer service and incident response
targets; and data and security requirements, along with recourse for non-performance.
The implementation will take 6-8 months to complete.
In the interim, we have been working to develop forms using Seamless docs to provide online
acceptance of permit applications. Seamless docs will be a temporary stopgap measure to
mitigate challenges with acceptance of online documents. The forms will not be integrated
directly into Trakit, which is why the long-term goal is to complete the transition of Trakit to
Central Square's cloud, and include the integrated Citizen Engagement functionality. This will
significantly improve service to the public.
FINANCIAL IMPACT
Due to the substandard performance of the vendor, the city did not pay maintenance costs
for 2017 and 2018. The vendor is willing to waive these charges, and credit the 2019/20
maintenance fees towards a transition to their hosted environment.
Back -fees Maintenance 2017 & 2018, waived: $70,143 (waived)
2019/20 Maintenance fees: $38,838
Additional funds required to complete transition: $18,744
Total cost of move to Cloud and 1st year hosting fees $57,582
The cost of this project is below the current allocated 2019/2020 budget in the Department of
Community Development for the Permitting system. The city currently charges technology
fee in the amount of 5% of the permit fee for all permits that are processed through Trakit.
This fee was instituted in 2013 to recover implementation cost and annual expenses
associated with Trakit. The technology fee will recover ongoing fees associated with the
current upgrade.
Ongoing budget impacts:
Annual Access Fees Year 2 (2021) - $57,750.00 50,636.96
Annual Access Fees Year 3 (2022) - $60 52,156.07
Beginning in Year 4, Annual Access Fees shall be limited to a 3% escalation per year.
RECOMMENDATION
In order to mitigate risks, improve and stabilize the Trakit Permitting system in support of
the One Stop Permitting efforts throughout the City, the committee is being asked to
approve the contract with Superion to move Trakit to Central Square's hosted cloud
environment, and to forward to the Regular Meeting of 12/02/2019 Consent Agenda.
142
INFORMATIONAL MEMO
Page 3
ATTACHMENTS
Contract - Superion Tukwila WA Host Q-00012021 Final for signature
143
144
Vy PER ION
Superion Solutions Agreement
This Superion Solutions Agreement (the "Agreement"), effective as of the latest date shown on the signature block
below (the "Effective Date"), is entered into between Superion, a Delaware Limited Liability Company with its
principal place of business in Lake Mary, FL ("Superion") and the City of Tukwila, WA ("Customer"), together
with Superion, the "Parties", and each, a "Party".
WHEREAS, Superion licenses and gives access to certain software applications ("Superion Solutions") to its
customers and also provides maintenance, support, migration, installation and other professional services; and
WHEREAS, Customer desires to license and/or gain access to certain Superion Solutions and receive professional
services described herein, and Superion desires to grant and provide Customer license and access to such offerings
as well as to support them with professional services, subject to the terms and conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, terms, and conditions set forth herein, and for other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, by the signatures
of their duly authorized representative below, the Parties intending to be legally bound, agree to all of the following
provisions and exhibits of this Agreement:
SUPERION, LLC.
CITY OF TUKWILA
1000 Business Center Dr.
Lake Mary, FL 32746
6300 Southcenter Blvd., Suite 100
Tukwila, WA 98188
By:
By:
Print Name:
Print Name:
Print Title:
Print Title:
Date Signed:
Date Signed:
1. Superion Solution: Public Administration (Q-00012021)
2. Term.
2.1. Initial Term. The Initial Term of this Agreement commences as of the Effective Date and will continue in
effect for three (3) years from such date unless terminated earlier pursuant to any of the Agreement's
express provisions (the "Initial Term").
2.2. Renewal Term. This Agreement will automatically renew for additional successive one (1) year terms at
the then -current rates unless earlier terminated pursuant to any of the Agreement's provisions (a
"Renewal Term" and, collectively, with the Initial Term, the "Term").
2.3. Non -Renewal. Either Party may elect to end renewal of the contract by issuing a notice of non -renewal,
in writing, to the other party at least sixty (60) days prior to the expiration of the current contract term.
3. Fees. In consideration of the rights and services granted by Superion to Customer under this Agreement,
Customer shall make payments to Superion pursuant to the amounts and milestone -based payment schedule
and terms outlined in Exhibit 1 (the "Project Cost Summary"),
4. Definitions. Capitalized terms not otherwise defined in this Agreement have the meanings set forth below:
4.1. "Action" means any claim, action, cause of action, demand, lawsuit, arbitration, inquiry, audit, notice of
violation, proceeding, litigation, citation, summons, subpoena, or investigation of any nature, civil,
criminal, administrative, regulatory or other, whether at law, in equity, or otherwise.
4.2. "Affiliate" of a Person means any other Person that directly or indirectly, through one or more
intermediaries, controls, is controlled by, or is under common control with, such Person.
4.3. "Authorized User" means Customer's employees, consultants, contractors, and agents who are
authorized by Customer to access and use the Superion Solutions under the rights granted to Customer
pursuant to this Agreement, and for whom access to the Superion Solutions has been purchased.
4.4. "Baseline" means the version of a Superion Solution updated to the particular time in question through
Superion's warranty services and maintenance, but without any other modification whatsoever.
4.5. "Component System" means any one of the Superion Solutions identified in Exhibit 1, including all
copies of Source Code, Object Code and all related specifications, Documentation, technical information,
and all corrections, modifications, additions, development work, improvements and enhancements to and
all Intellectual Property Rights for such Component System.
4.6. "Customer Data" means information, data, and content, in any form or medium, collected, downloaded,
or otherwise received, directly or indirectly from Customer, an Authorized User or end -users by or through
the Superion Solutions, provided the data is not personally identifiable and not identifiable to Customer.
4.7. "Custom Modification" means a change that Superion has made at Customer's request to any
Component System in accordance with a Superion-generated specification, but without any other
changes whatsoever by any Person.
4.8. "Customer Systems" means the Customer's information technology infrastructure, including computers,
software, hardware, databases, electronic systems (including database management systems), and
networks, whether operated by Customer or through the use of third -party services.
4.9. "Defect" means a material deviation between the Baseline Superion Solution and its Documentation, for
which Defect Customer has given Superion enough information to enable Superion to replicate the
deviation on a computer configuration that is both comparable to the Customer Systems and that is under
Superion's control. Further, with regard to each Custom Modification, Defect means a material deviation
between the Custom Modification and the Superion-generated specification and documentation for such
Custom Modification, and for which Defect Customer has given Superion enough information to enable
Superion to replicate the deviation on a computer configuration that is both comparable to the Customer
Systems and that is under Superion's control.
4.10. "Documentation" means any manuals, instructions, or other documents or materials that Superion
provides or makes available to Customer publically on a website or in any form or medium and which
describe the functionality, components, features, or requirements of the Superion Solutions, including
any aspect of the installation, configuration, integration, operation, use, support, or maintenance thereof.
4.11. "Enhancements" means general release (as opposed to custom) changes to a Baseline Component
System or Custom Modification which increase the functionality of the Baseline Component System or
Custom Modification in question.
4.12. "Go Live Date" means the date the Customer certifies in writing that (a) Superion provided the current
version of Superion Solution(s) to Customer and (b) said Solution(s) is fully functioning including being
free from any viruses or Harmful Code.
4.13. "Harmful Code" means any software, hardware, device or other technology, including any virus, worm,
malware, or other malicious computer code, the purpose or effect of which is to (a) permit unauthorized
access to, or to destroy, disrupt, disable, distort, or otherwise harm or impede any (i) computer, software,
firmware, hardware, system, or network; or (ii) any application or function of any of the foregoing or the
security, integrity, confidentiality, or use of any data Processed thereby; or (b) prevent Customer or any
Authorized User from accessing or using the Superion Solutions as intended by this Agreement.
4.14. "Intellectual Property Rights" means any and all registered and unregistered rights granted, applied
for, or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade
secret, database protection, or other intellectual property rights laws, and all similar or equivalent rights
or forms of protection, in any part of the world.
4.15. "Maintenance" means optimization, error correction, modifications, and updates to Superion Systems to
correct any known Defects and improve performance. Maintenance will be provided for each Component
System, the hours and details of which are described in Exhibit 2 ("Support Standards").
4.16. "New Releases" means new editions of a Baseline Component System or Custom Modification.
4.17. "Person" means an individual, corporation, partnership, joint venture, limited liability entity, governmental
authority, unincorporated organization, trust, association, or other entity.
4.18. "Personal Information" means any information that does or can identify a specific individual or by or
from which a specific individual may be identified, contacted, or located. Personal Information includes
all "nonpublic personal information" as defined under the Gramm -Leach -Bliley Act, "protected health
information" as defined under the Health and Insurance Portability and Accountability Act of 1996,
"Personal Data" as defined in the EU General Data Protection Regulation (GDPR 2018), "Personal
irt'"SUPER ION ._.
Information" as defined under the Children's Online Privacy Protection Act of 1998, and all rules and
regulations issued under any of the foregoing.
4.19. "Professional Services" means installation, implementation, development work, training or consulting
services including custom modification programming, support relating to custom modifications, on -site
support services, assistance with data transfers, system restarts and reinstallations provided by Superion.
4.20. "Representatives" means, with respect to a party, that party's employees, officers, directors, agents,
subcontractors, and legal advisors.
4.21. "Superion Personnel" means all individuals involved in the performance of Support Services and
Professional Services as employees, agents, Subcontractors or independent contractors of Superion.
4.22. "Superion Solution(s)" means the Component Systems, Documentation, Custom Modifications,
development work, Superion Systems and any and all other information, data, documents, materials,
works, and other content, devices, methods, processes, hardware, software, technologies and inventions,
including any deliverables, technical or functional descriptions, requirements, plans, or reports, provided
or used by Superion or any Subcontractor in connection with Professional Services or Support Services
rendered under this Agreement.
4.23. "Superion Systems" means the information technology infrastructure used by or on behalf of Superion
to deliver Superion Solutions, including all computers, software, hardware, databases, electronic systems
(including database management systems), and networks, whether operated directly by Superion or
through the use of third -party services.
4.24. "Support Services" means Maintenance, Enhancements, implementation of New Releases, and
general support efforts to respond to incidents reported by Customer in accordance with the detailed
Support Standards outlined in Exhibit 2.
4.25. "Third -Party Materials" means materials and information, in any form or medium, including any software,
documents, data, content, specifications, products, related services, equipment, or components of or
relating to the Superion Solutions that are not proprietary to Superion.
5. License, Access & Services.
5.1. License Grant. Subject to and conditioned on the payment of Fees and compliance with all other terms
and conditions of this Agreement, Superion hereby grants to Customer a non-exclusive, non-
sublicenseable, and non -transferable license to the current version of the Superion Solution(s) outlined
in Exhibit 1 at the time of this Agreement's execution.
5.2. Access and Scope of Use. Subject to and conditioned on Customer and their Authorized Users'
compliance with the terms and conditions of this Agreement, Superion hereby grants Customer a non-
exclusive, non -transferable right to access and use the Solutions, solely by Authorized Users. Such use
is limited to Customer's internal use. Superion shall deliver to Customer the initial copies of the Superion
Solution(s) outlined in Exhibit 1 by (a) electronic delivery, by posting it on Superion's network for
downloading, or similar suitable electronic file transfer method, or (b) physical shipment, such as on a
disc or other suitable media transfer method. Physical shipment is on FOB-Superion's shipping point, and
electronic delivery is deemed effective at the time Superion provides Customer with access to download
the Superion Solutions. The date of such delivery shall be referred to as the "Delivery Date."
5.3. Documentation License. Superion hereby grants to Customer a non-exclusive, non-sublicenseable, non-
transferable license to use and reproduce the Documentation during the Term solely for Customer's
internal business purposes in connection with its use of the Superion Solutions.
5.4. Service and System Control. Except as otherwise expressly provided in this Agreement:
5.4.1. Superion has and will retain sole control over the operation, provision, maintenance, and
management of the Superion Solutions; and
5.4.2. Customer has and will retain sole control over the operation, maintenance, and management of,
and all access to and use of, the Customer Systems, and sole responsibility for access to and
use of the Superion Solutions by any Person by or through the Customer Systems or other means
controlled by Customer or any Authorized User, including any reports or results obtained from
any use of the Superion Solutions, and conclusions, decisions, or actions based on such use.
5.5. Limitations. Customer must provide Superion with such facilities, equipment and support as are
reasonably necessary for Superion to perform its obligations under this Agreement, including, if required
by Superion, remote access to the Customer Systems. Superion is not responsible or liable for any delay
or failure of performance caused in whole or in part by any Customer delay or Customer's failure to
i-8 SUPER ION _-
perform any obligations under this Agreement.
5.6. Exceptions. Superion has no obligation to provide Support Services relating to any Defect with the
Superion Solutions that, in whole or in part, arise out of or result from any of the following:
5.6.1. software, or media on which provided, that is modified or damaged by Customer or unauthorized
third party;
5.6.2. any operation or use of, or other activity relating to, the Superion Solutions other than as specified
in the Documentation, including any incorporation, or combination, operation or use of the
Superion Solutions in or with, any technology (software, hardware, firmware, system, or network)
or service not specified for Customer's use in the Documentation;
5.6.3. any negligence, abuse, misapplication, or misuse of the Superion Solution other than by Superion
personnel, including any Customer use of the Superion Solution other than as specified in the
Documentation or expressly authorized in writing by Superion;
5.6.4. any Customer's failure to promptly install any New Releases that Superion has previously made
available to Customer;
5.6.5. the operation of, or access to, Customer's or a third party's system, materials or network;
5.6.6. any relocation of the Superion Solution other than by Superion personnel;
5.6.7. any beta software, software that Superion makes available for testing or demonstration purposes,
temporary software modules, or software for which Superion does not receive a fee;
5.6.8. any breach of or noncompliance with any provision of this Agreement by Customer or any of its
Representatives or any Force Majeure Event (including abnormal physical or electrical stress).
5.7. Reservation of Rights. Except for the specified rights outlined in this Section, nothing in this Agreement
grants any right, title, or interest in or to any Intellectual Property Rights in or relating to the Support
Services, Professional Services, Superion Solutions, or Third -Party Materials, whether expressly, by
implication, estoppel, or otherwise. All right, title, and interest in the Superion Solutions, and the Third -
Party Materials are and will remain with Superion and the respective rights holders.
5.8. Changes. Superion reserves the right, in its sole discretion, to make any changes to the Support Services
and Superion Solutions that it deems necessary or useful to: (a) maintain or enhance the quality or
delivery of Superion's services to its customers, the competitive strength of or market for Superion's
services, or the Support Services' cost efficiency or performance; or (b) to comply with applicable law.
Without limiting the foregoing, either party may, at any time during the Term, request in writing at least
sixty (60) days in advance of changes to particular Support Services, Professional Services or their
product suite of Superion Solutions. The parties shall evaluate and, if agreed, implement all such
requested changes. No requested changes will be effective unless and until memorialized in either a
Superion issued Add -On Quote signed by the Customer, or a written change order or amendment to this
agreement signed by both parties.
5.9. Subcontractors. Superion may from time to time in its discretion engage third parties to perform
Professional Services or Support Services (each, a "Subcontractor") in accordance with the terms and
conditions of this Agreement.
5.10. Security Measures. The Superion Solution may contain technological measures designed to prevent
unauthorized or illegal use of the Superion Solution. Customer acknowledges and agrees that: (a)
Superion may use these and other lawful measures to verify compliance with the terms of this Agreement
and enforce Superion's rights, including all Intellectual Property Rights, in and to the Superion Solution;
(b) Superion may deny any individual access to and/or use of the Superion Solution if Superion, in its
reasonable discretion, believes that person's use of the Superion Solution would violate any provision of
this Agreement, regardless of whether Customer designated that person as an Authorized User; and (c)
Superion may collect, maintain, process, use and disclose technical, diagnostic and related non -
identifiable data gathered periodically which may lead to improvements in the performance and security
of the Superion Solutions.
Use Restrictions. Customer shall not, and shall not permit any other Person to, access or use the Superion
Solutions except as expressly permitted by this Agreement. For purposes of clarity and without limiting the
generality of the foregoing, Customer shall not, except as this Agreement expressly permits:
vs SUPER ION
6.1. copy, modify, or create derivative works or improvements of the Superion Solutions, or rent, lease, lend,
sell, sublicense, assign, distribute, publish, transfer, or otherwise make available any Superion Solutions
to any Person, including on or in connection with the internet or any time-sharing, service bureau,
software as a service, cloud, or other technology or service;
6.2. reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access
to the source code of the Superion Solutions, in whole or in part;
6.3. bypass or breach any security device or protection used by Superion Solutions or access or use the
Superion Solutions other than by an Authorized User through the use of his or her own then valid access;
6.4. input, upload, transmit, or otherwise provide to or through the Superion Systems, any information or
materials that are unlawful or injurious, or contain, transmit, or activate any Harmful Code;
6.5. damage, destroy, disrupt, disable, impair, interfere with, or otherwise impede or harm in any manner the
Superion Systems, or Superion's provision of services to any third party, in whole or in part;
6.6. remove, delete, alter, or obscure any trademarks, Specifications, Documentation, warranties, or
disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices
from any Documentation or Superion Solutions, including any copy thereof;
6.7. access or use the Superion Solutions in any manner or for any purpose that infringes, misappropriates,
or otherwise violates any Intellectual Property Right or other right of any third party, or that violates any
applicable law;
6.8. access or use the Superion Solutions for purposes of competitive analysis of the Superion Solutions, the
development, provision, or use of a competing software service or product or any other purpose that is
to Superion's detriment or commercial disadvantage or otherwise access or use the Superion Solutions
beyond the scope of the authorization granted under this Section.
Customer Obligations.
7.1. Customer Systems and Cooperation. Customer shall at all times during the Term: (a) set up, maintain,
and operate in good repair all Customer Systems on or through which the Superion Solutions are
accessed or used; (b) provide Superion Personnel with such access to Customer's premises and
Customer Systems as is necessary for Superion to perform the Support Services in accordance with the
Support Standards and Specifications; and (c) provide all cooperation as Superion may reasonably
request to enable Superion to exercise its rights and perform its obligations under and in connection with
this Agreement.
7.2. Effect of Customer Failure or Delay. Superion is not responsible or liable for any delay or failure of
performance caused in whole or in part by Customer's delay in performing, or failure to perform, any of
its obligations under this Agreement.
7.3. Corrective Action and Notice. If Customer becomes aware of any actual or threatened activity prohibited
by Section 6, Customer shall, and shall cause its Authorized Users to, immediately: (a) take all reasonable
and lawful measures within their respective control that are necessary to stop the activity or threatened
activity and to mitigate its effects (including, where applicable, by discontinuing and preventing any
unauthorized access to the Superion Solutions and permanently erasing from their systems and
destroying any data to which any of them gained unauthorized access); and (b) notify Superion of any
such actual or threatened activity.
8. Professional Services.
8.1. Compliance with Customer Policies. While Superion Personnel are performing services at Customer's
site, Superion will ensure that such personnel comply with Customer's reasonable security procedures
and site policies that are generally applicable to Customer's other suppliers providing similar services
and that have been provided to Superion in writing or in advance. Customer shall promptly reimburse
Superion for any pre -approved out-of-pocket costs incurred in complying with such procedures and
policies.
8.2. Contributed Material. In the process of Superion's performing Professional Services, Customer may, from
time to time, provide Superion with designs, plans, or specifications, improvements, works or other
material for inclusion in, or making modifications to, the Superion Solutions, the Documentation or any
other deliverables ("Contributed Material"). Customer grants to Superion a nonexclusive, irrevocable,
perpetual, transferable right, without the payment of any royalties or other compensation of any kind and
without the right of attribution, for Superion, Superion's Affiliates and Superion's licensees to make, use,
sell and create derivative works of the Contributed Material.
�" SUPER ION
9. Confidentiality.
9.1. Confidential Information. "Confidential Information" means information in any form or medium (whether
oral, written, electronic, or other) that the Disclosing Party considers confidential or proprietary, including
information consisting of or relating to the Disclosing Party's technology, trade secrets, know-how,
business operations, plans, strategies, customers, and pricing, and information with respect to which the
Disclosing Party has contractual or other confidentiality obligations. Without limiting the foregoing,
Confidential Information of Superion includes the Superion Solutions, all software provided with the
Superion Solutions, and algorithms, methods, techniques and processes revealed by the Source Code
of the Superion Solutions and any software provided with the Superion Solutions. In connection with this
Agreement each party (as the "Disclosing Party") may disclose or make available Confidential
Information to the other party (as the "Receiving Party"). It shall be the Disclosing Party's responsibility
to identify Confidential Information as such to the extent commercially reasonable and practical to do so
for purposes of facilitating compliance by the Receiving Party.
9.2. Exclusions. Confidential Information does not include information that: (a) was rightfully known to the
Receiving Party without restriction on use or disclosure prior to being disclosed or made available to the
Receiving Party in connection with this Agreement; (b) was or becomes generally known by the public
other than by the Receiving Party or any of its Representatives' noncompliance with this Agreement; (c)
was or is received by the Receiving Party on a non -confidential basis from a third party that was or is
independently developed by the Receiving Party without reference or use of any Confidential Information.
9.3. Protection of Confidential Information. As a condition to being provided with any disclosure of or access
to Confidential Information, the Receiving Party shall:
9.3.1. not access or use Confidential Information other than as necessary to exercise its rights or
perform its obligations under and in accordance with this Agreement;
9.3.2. not disclose or permit access to Confidential Information other than to its Representatives who:
(i) need to know such Confidential Information for purposes of the Receiving Party's exercise of
its rights or performance of its obligations under and in accordance with this Agreement; (ii) have
been informed of the confidential nature of the Confidential Information and the Receiving Party's
obligations under this Section; and (iii) are bound by written confidentiality or restricted use
obligations at least as protective of the Confidential Information as the terms in this Section;
9.3.3. safeguard the Confidential Information from unauthorized use, access, or disclosure using at
least the degree of care it uses to protect its sensitive information and in no event less than a
reasonable degree of care;
9.3.4. ensure its Representatives' compliance with, and be responsible and liable for any of its
Representatives' non-compliance with, the terms of this Section.
9.4. Compelled Disclosures. If the either Party or any of its Representatives is compelled by applicable law to
disclose any Confidential Information then, to the extent permitted by law, that Party shall: (a) promptly,
and prior to such disclosure, notify the other Party in writing of such requirement so that they can seek a
protective order or other remedy or waive its rights under Section .3; and (b) provide reasonable
assistance to the Disclosing Party in opposing such disclosure or seeking a protective order or other
limitations on disclosure. If the Disclosing Party waives compliance or, after providing the notice and
assistance required under this Section, the Receiving Party remains required by law to disclose any
Confidential Information, the Receiving Party shall disclose only that portion of the Confidential
Information that the Receiving Party is legally required to disclose.
9.5. Trade Secrets. Notwithstanding any other provisions of this Agreement, the Receiving Party's obligations
under this Section with respect to any Confidential Information that constitutes a trade secret under any
applicable law will continue until such time, if ever, as such Confidential Information ceases to qualify for
trade secret protection under one or more such applicable laws other than as a result of any act or
omission of the Receiving Party or any of its Representatives.
10. Security.
10.1. Superion will implement commercially reasonable administrative, technical and physical safeguards
designed to ensure the security and confidentiality of Customer Data, protect against any anticipated
threats or hazards to the security or integrity of Customer Data, and protect against unauthorized access
or use of Customer Data. Superion will review and test such safeguards on no less than an annual basis.
"`-SUPERION
10.2. Customer shall maintain, in connection with the operation or use of the Superion Solutions, adequate
technical and procedural access controls and system security requirements and devices, necessary for
data privacy, confidentiality, integrity, authorization, authentication and non -repudiation and virus
detection and eradication.
10.3. To the extent that Authorized Users are permitted to have access to the Superion Solutions, Customer
shall maintain agreements with such Authorized Users that adequately protect the confidentiality and
Intellectual Property Rights of Superion in the Superion Solutions and Documentation, and disclaim any
liability or responsibility of Superion with respect to such Authorized Users.
11. Personal Data. If Superion processes or otherwise has access to any personal data or personal information
on Customer's behalf when performing Superion's obligations under this Agreement, then:
11.1. Customer shall be the data controller (where "data controller" means an entity which alone or jointly with
others determines purposes for which and the manner in which any personal data are, or are to be,
processed) and Superion shall be a data processor (where "data processor" means an entity which
processes the data only on behalf of the data controller and not for any purposes of its own);
11.2. Customer shall ensure that it has obtained all necessary consents and it is entitled to transfer the relevant
personal data or personal information to Superion so that Superion may lawfully use, process and transfer
the personal data and personal information in accordance with this Agreement on Customer's behalf,
which may include Superion processing and transferring the relevant personal data or personal
information outside the country where Customer and the Authorized Users are located in order for
Superion to provide the Superion Solutions and perform its other obligations under this Agreement; and
11.3. Superion shall process personal data and information only in accordance with lawful and reasonable
instructions given by Customer and as set out in and in accordance with the terms of this Agreement; and
11 A. Each party shall take appropriate technical and organizational measures against unauthorized or unlawful
processing of the personal data and personal information or its accidental loss, destruction or damage so
that, having regard to the state of technological development and the cost of implementing any measures,
the measures taken ensure a level of security appropriate to the harm that might result from such
unauthorized or unlawful processing or accidental loss, destruction or damage in relation to the personal
data and personal information and the nature of the personal data and personal information being
protected. If necessary, the parties will cooperate to document these measures taken.
12. Representations and Warranties.
12.1. Software Warranty. Superion warrants to Customer that for a period of twelve (12) months from the Go -
Live Date, the Superion Solutions (as delivered to Customer by Superion and when properly used for the
purpose and in the manner specifically authorized by this Agreement), will perform as described in the
Documentation in all material respects, including being free from any viruses or Harmful Code.
12.2. Professional Services Representation and Warranty. Superion represents, warrants, and covenants to
Customer that during the Term, Superion will perform Professional Services using personnel of required
skill, experience, and qualifications and in a professional and workmanlike manner in accordance with
generally recognized industry standards for similar services and will devote adequate resources to meet
its obligations under this Agreement. If Customer reasonably believes that any Professional Services
were performed in violation of this warranty, it will notify Superion within thirty (30) days of service
performance describing the issue, together with adequate supporting documentation and data. Upon
receipt of such notice, Superion's obligation will be to re -perform the particular Professional Services
affected as soon as commercially reasonable at no additional charge
12.3. Support Services Representation and Warranty. Superion represents, warrants, and covenants to
Customer that during the Term, Superion will perform the Support Services using personnel of required
skill, experience, and qualifications and in a professional and workmanlike manner in accordance with
both generally recognized industry standards including applicable local authority, laws or codes specified
by Customer for similar services, and the specific guidance for support found in Exhibit 2, and will devote
adequate resources to meet its obligations under this Agreement. If Customer reasonably believes that
any Support Services failed to meet this warranty, they will follow their preferred escalation path outlined
in the Support Standards below, including receipt of service credit.
12.4. DISCLAIMER OF WARRANTIES. EXCEPT FOR THE EXPRESS LIMITED WARRANTIES SET FORTH
ABOVE, SUPERION MAKES NO WARRANTIES WHATSOEVER, EXPRESSED OR IMPLIED, WITH
1,`' SUPERION
REGARD TO THE SUPERION SOLUTIONS, PROFESSIONAL SERVICES, SUPPORT SERVICES,
AND/OR ANY OTHER MATTER RELATING TO THIS AGREEMENT, AND THAT SUPERION
DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR OTHER, INCLUDING ALL
WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE, AND
SPECIFICALLY DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, AND NON -INFRINGEMENT. FURTHER, SUPERION EXPRESSLY
DOES NOT WARRANT THAT A SUPERION SOLUTION, ANY CUSTOM MODIFICATION OR ANY
IMPROVEMENTS WILL BE USABLE BY CUSTOMER IF THE SUPERION SOLUTION OR CUSTOM
MODIFICATION HAS BEEN MODIFIED BY ANYONE OTHER THAN SUPERION PERSONNEL, OR
WILL BE ERROR FREE, WILL OPERATE WITHOUT INTERRUPTION OR WILL BE COMPATIBLE
WITH ANY HARDWARE OR SOFTWARE TO THE EXTENT EXPRESSLY SET FORTH IN THE
DOCUMENTATION. ALL THIRD -PARTY MATERIALS ARE PROVIDED "AS -IS" AND ANY
REPRESENTATION OR WARRANTY OF OR CONCERNING ANY OF THEM IS STRICTLY BETWEEN
CUSTOMER AND THE THIRD -PARTY OWNER. THIS AGREEMENT DOES NOT AMEND, OR
MODIFY SUPERION'S WARRANTIES UNDER ANY AGREEMENT OR ANY CONDITIONS,
LIMITATIONS, OR RESTRICTIONS THEREOF.
13. Notices. All notices and other communications required or permitted under this Agreement must be in writing
and will be deemed given when delivered personally, sent by United States registered or certified mail, return
receipt requested; transmitted by facsimile or email confirmed by United States first class mail, or sent by
overnight courier. Notices must be sent to a Party at its address shown below, or to such other place as the
Party may subsequently designate for its receipt of notices in writing by the other Party.
If to Superion: Superion
1000 Business Center Dr.
Lake Mary, FL.
Phone: 407-304-3235 email: info(i�superion.com
Attention: Senior Counsel / Contracts Department
If to Customer:
City of Tukwila
6300 Southcenter Blvd., Suite 100
Tukwila, WA 98188
Phone:
Attention:
email:
14. Force Majeure.
14.1. No Breach or Default. Neither Party will be liable to the other for any failure or delay in fulfilling or
performing any term of this Agreement (except for any payment obligation) when and to the extent such
failure or delay is caused by any circumstances beyond such Party's reasonable control (a "Force
Majeure Event"), including Acts of God, flood, fire, earthquake, explosion, war, terrorism, invasion,
national or regional emergency, riot or other civil -unrest, acts and omissions of third parties,
governmental and judicial action (including embargoes, export or import restrictions) not the fault of the
Party failing or delaying in performance.
14.2. Affected Party Obligations. In the event of any failure or delay caused by a Force Majeure Event, the
affected Party shall give prompt written notice to the other Party stating the period of time the occurrence
is expected to continue and use commercially reasonable efforts to end the failure or delay and minimize
the effects of such Force Majeure Event.
15. Mutual Indemnification.
15.1. Superion Indemnification. Superion shall indemnify, defend, and hold harmless Customer and Customer's
officers, elected officials, directors, employees, agents, successors, and assigns from and against any
and all losses incurred by or resulting from any Action by a third party (other than an Affiliate of Customer)
that Customer's use of the Superion Solutions in accordance with this Agreement infringes or
misappropriates such third party's US Intellectual Property Rights, US patents, copyrights, or trade
secrets. The foregoing obligation does not apply to the extent that the alleged infringement arises from:
15.1.1. Third -Party Materials or Customer Data;
15.1.2. access to or use of the Superion Solutions in combination with any hardware, system, software,
network, or other materials or service not provided by Superion or specified for Customer's use
in the Documentation;
-''SUPERION
15.1.3. modification of the Superion Solutions other than: by or on behalf of Superion or with Superion's
written approval in accordance with Superion's written specification;
15.1.4. failure to timely implement any modifications, upgrades, replacements, or enhancements made
available to Customer by or on behalf of Superion; or
15.1.5. act, omission, or other matter described in Section 15.2 below, whether or not the same results
in any Action against or losses by any Superion Indemnitee.
15.2. Customer Indemnification. Customer shall indemnify, defend, and hold harmless Superion and its
officers, directors, employees, agents, successors, and assigns from and against any and all losses
incurred by Superion resulting from any Action by a third party (other than an Affiliate of Superion) that
arise out of or result from, or are alleged to arise out of or result from:
15.2.1. Customer Data, including any Processing of Customer Data by or on behalf of Superion in
accordance with this Agreement;
15.2.2. Gross negligence or more culpable act or omission (including recklessness or willful misconduct)
by Customer, any Authorized User, or any third party on behalf of Customer or any Authorized
User, in connection with this Agreement.
15.3. Procedure. Each party shall promptly notify the other party in writing of any Action for which such party
believes it is entitled to be indemnified. The party seeking indemnification shall cooperate with the other
party at that party's sole cost and expense. The indemnitor shall promptly assume control of the defense
and shall employ counsel of its choice that is reasonably acceptable to the indemnitee to handle and
defend the same.
15.4. Sole Remedy. THIS SECTION SETS FORTH CUSTOMER'S SOLE REMEDIES AND SUPERION'S
SOLE LIABILITY AND OBLIGATION FOR ANY ACTUAL, THREATENED, OR ALLEGED CLAIMS THAT
THE SERVICES AND SUPERION SOLUTIONS OR ANY SUBJECT MATTER OF THIS AGREEMENT
INFRINGES, MISAPPROPRIATES, OR OTHERWISE VIOLATES ANY INTELLECTUAL PROPERTY
RIGHTS OF ANY THIRD PARTY.
16. Termination. This Agreement may be terminated:
16.1. For cause by either Party, effective on written notice to the other Party, if the other Party materially
breaches this Agreement and: (i) is incapable of cure; or (ii) being capable of cure, remains uncured thirty
(30) days after the non -breaching Party provides the breaching Party with written notice of such breach.
16.2. For lack of payment by written notice to Customer, if Customer's failure to pay amounts due under this
Agreement has continued more than ninety (90) days after delivery of written notice of non-payment.
17. Effect of Termination or Expiration. On the expiration or earlier termination of this Agreement:
17.1. all rights, licenses, and authorizations granted to Customer hereunder will immediately terminate and
Customer shall immediately cease all use of and other activities with respect to Superion's Confidential
Information relating to the Superion Solutions, and within thirty (30) days deliver to Superion, or at
Superion's request destroy and erase Superion's Confidential Information from all systems Customer
directly or indirectly controls; and
17.2. all licenses, access or subscription fees, services rendered but unpaid, and any amounts due by
Customer to Superion of any kind are immediately payable and due no later than thirty (30) days after
the effective date of the termination or expiration, including anything that accrues within those thirty days.
17.3. The provisions set forth in the following sections, and any other right or obligation of the parties in this
Agreement that, by its nature (including but not limited to: Use Restrictions, Confidential Information,
Warranty Disclaimers, Mutual Indemnifications & Limitations of Liability), should survive termination or
expiration of this Agreement, will survive any expiration or termination of this Agreement.
17.4. Return of Customer Data. Superion shall within 60 days following such expiration or termination, deliver
to Customer in a format as requested by Customer the then most recent version of Customer Data
maintained by Superion, provided that Customer has at that time paid all Fees then outstanding and any
amounts payable after or as a result of such expiration or termination.
17.5. Deconversion. In the event of (i) expiration or earlier termination of this Agreement, or (ii) Customer no
longer purchasing certain Superion Solutions (including those indicated to be Third -Party Materials), if
Customer requests assistance in the transfer of Customer Data to a different vendor's applications
("Deconversion"), Superion will provide reasonable assistance. Superion and Customer will negotiate in
good faith to establish the relative roles and responsibilities of Superion and Customer in effecting
� ' 'SUPERION
Deconversion, as well as the appropriate date for completion. Superion shall be entitled to receive
compensation for any additional consultation, software and documentation required for Deconversion on
a time and materials basis at Superion's then standard rates.
18. Assignment. Customer shall not assign or otherwise transfer any of its rights, or delegate or otherwise transfer
any of its obligations or performance, under this Agreement, in each case whether voluntarily, involuntarily, by
operation of law, or otherwise, without Superion's prior written consent, which consent shall not be unreasonably
withheld or delayed. For purposes of the preceding sentence, and without limiting its generality, any merger,
consolidation, or reorganization involving Customer (regardless of whether Customer is a surviving or
disappearing entity) will be deemed to be a transfer of rights, obligations, or performance under this Agreement
for which Superion's prior written consent is required. No delegation or other transfer by a Party will relieve the
transferring Party of any of its obligations or performance under this Agreement. Any purported assignment,
delegation or transfer in violation of this Section is void. This Agreement is binding upon and inures to the
benefit of the Parties and their respective permitted successors and assigns.
19. No Waiver. A Party's failure to enforce its rights with respect to any single or continuing breach of this
Agreement will not act as a waiver of the right of that Party to later enforce any such rights or to enforce any
other or any subsequent breach.
20. Arbitration of Disputes. Intentionally Omitted
21. Jurisdiction and Governing Law. This Agreement and any dispute or claim arising, directly or indirectly, out
of or in connection with it or its subject matter or formation (including non -contractual disputes or claims) is
governed by, and shall be construed and enforced in accordance with, the laws of the State of Washington
excluding choice of law. Each party irrevocably (i) agrees that a County or Circuit Court in in and for King
County, Washington, or the United States District for the King County, Washington, shall have exclusive
jurisdiction to settle any dispute, controversy or claim arising, directly or indirectly, out of or in connection with
this Agreement, or the breach, termination or validity thereof (including non -contractual disputes or claims) and
that such court shall be the proper venue therefor and (ii) agrees that the prevailing party shall be entitled to
recover its reasonable attorney's fees, court costs and other legal expenses from the other party.
22. Severability. If any provision of this Agreement is illegal or unenforceable, it will be deemed stricken from the
Agreement and the remaining provisions of the Agreement will remain in full force and effect.
23. LIMITATIONS OF LIABILITY.
23.1, LIMITED LIABILITY OF SUPERION. SUPERION'S LIABILITY IN CONNECTION WITH THE
SERVICES, IMPROVEMENTS OR ANY OTHER MATTER RELATING TO THIS AGREEMENT WILL
NOT EXCEED THREE TIMES THE FEES THAT CUSTOMER ACTUALLY PAID TO SUPERION IN
CONNECTION WITH THIS AGREEMENT FOR THE INITIAL TERM OR RENEWAL TERM WHEN THE
RELEVANT ACTIONS LEADING TO SUCH LIABILITY AROSE. IN ANY EVENT, SUPERION SHALL
NOT BE LIABLE FOR ANY LOSSES RESULTING FROM THE CRIMINAL ACTS OF THIRD PARTIES.
23.2. EXCLUSION OF DAMAGES. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN
FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL SUPERION, SUPERION
PERSONNEL, SUBCONTRACTORS OR SUPPLIERS BE LIABLE UNDER OR IN CONNECTION
WITH THIS AGREEMENT FOR ANY (1) LOSS OF DATA, BUSINESS, REVENUE, PROFIT,
GOODWILL, OR REPUTATION, (II) BUSINESS INTERRUPTION, INCREASED COSTS, OR
DIMINUTION IN VALUE, OR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER
BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR
OTHERWISE; AND WHETHER OR NOT SUPERION, SUPERION PERSONNEL,
SUBCONTRACTORS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.
23.3. BASIS OF THE BARGAIN. CUSTOMER ACKNOWLEDGES THAT SUPERION HAS SET ITS FEES
AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY
AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH IN THIS AGREEMENT,
AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
24. Third -Party Materials. Customer is hereby advised that Superion provides front-line support services for third
parties, but these third parties assume all responsibility for and liability in connection with the Third -Party
Materials. Superion is not authorized to make any representations or warranties that are binding upon the third
party or to engage in any other acts that are binding upon the third party, excepting specifically that Superion is
authorized to represent the fees for the Third -Party Materials as the same is provided for in the Agreement and
j;� SUPER ION
to accept payment of such amounts from Customer on behalf of the third party for as long as such third party
authorizes Superion to do so. As a condition precedent to installing or accessing any Third -Party Materials,
Customer may be required to execute a click -through, shrink-wrap EULA or similar agreement provided by the
Third -Party Materials provider.
25. Entire Agreement; Amendment and Modification. This Agreement contains the entire understanding of the
parties with respect to its subject matter, and supersedes and extinguishes all prior oral and written
communications between the parties about its subject matter. Any purchase order, agreement, or other
ordering document issued by Customer at any time for any reason, will not modify or affect this Agreement nor
have any other legal effect notwithstanding the inclusion of any additional or different terms or conditions in any
such ordering document and shall serve only the purpose of identifying the products or services ordered. No
modification of this Agreement will be effective unless it is in writing, is signed by each Party, and expressly
provides that it amends this Agreement.
26. No Third -Party Beneficiaries. This Agreement is for the sole benefit of the Parties and their respective
successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer on any
other person any legal or equitable right, benefit, or remedy of any nature under or by reason of this Agreement.
27. Counterparts. This Agreement may be executed in counterparts, each of which is deemed an original, but all
of which together are deemed to be one and the same agreement. A signed copy of this Agreement delivered
by facsimile, e-mail, or other means of electronic transmission is deemed to have the same legal effect as
delivery of an original signed copy of this Agreement.
28. Cooperative Purchases. This Contract may be used by other government agencies. Superion has agreed
to offer similar services to other agencies under the same terms and conditions as stated herein except that
the compensation may be negotiated between Superion and other agencies based on the specific revenue
expectations, agency reimbursed costs, and other agency requirements. The Customer will in no way
whatsoever incur any liability in relation to specifications, delivery, payment, or any other aspect of
purchases by such agencies.
29. Incorporated Exhibits to this Agreement:
29.1. Exhibit 1 — Project Cost Summary
29.2. Exhibit 2 - Maintenance & Support Standards
29.3. Exhibit 3 — Travel Expense Guidelines
29.4. Exhibit 4 - Statement of Work
29.5. Exhibit 5 - Vendor Security Requirements
29.6. Exhibit 6 - Data Protection and Information Security
SUPERION
156
SUPERION
EXHIBIT 1
Project Cost Summary
Cloud/Hosted Fees
Product (Jame
Community Developmer: SaaS Standard - Contract Startup Fee
Community Development SaaS Standard
Citizen Engagement SaaS
Fusion Subscription SaaS
Professional Services
Installation & Configuration
Product Name
Community Development Installation
Internet Installation
Fusion Subscription Services
Development & Conversion
Product Name
Fusion Subscription Services
Training
Product Name
Internet Training
Fusion Subscription Services
Project Management
Product Name
Community Development Project Management
Internet Project Management
Fusion Subscription Services
Summary
Product/Service
Cloud/Hosted Annual Access Fees
Contract Startup Fees
Professional Services
Services Discounts
Hosted/Cloud Fees Discount
Total
Quantity Amount
1 10,000.00
30 38,162.10
1 7,500.00
1 3,500.00
Total 59,162.10
Amount
2,800.00
2,100.00
1,440.00
Total 6,340.00
Amount
2,700.00
Total 2,700.00
Amount
1,280.00
3,240.00
Total 4,520.00
Amount
320.00
1,920.00
1,440.00
Total 3,680.00
Total Professional Services 17,240.00
Amount
49,162.10
10,000.00
17,240.00
Subtotal 76,402.10 'JSD
3,820.00 USD
10,000.00 USD
57,582.10 USD
Note: Pricing for Professional Services is a good faith estimate based on the information available to Superion at the time of execution of this Agreement.
The total amount that Customer may pay for these services can vary based on the actual number of hours required to complete the services. If required,
additional services will be provided on a time and materials basis at mutually agreed upon price rates for the services at issue.
Annual Access Fees Year 2 - $50,636.96
Annual Access Fees Year 3 - $52,156.07
Beginning in Year 4, Annual Access Fees shall be limited to a 3% escalation per year.
PAYMENT TERMS:
ONE TIME FEES
a. Start -Up Fees are due 30 calendar days after mutual execution of this Agreement.
b. Superion Professional Services Fees are due as follows: Specific Milestone Payments are due upon
completion of the respective deliverables associated with each individual Milestone Payment. Non -Milestone
Project Planning, Project Management, Consulting, Technical Services and Conversion are due on the
Execution Date. Training Fees, Travel & Living expenses and all other Professional Services are due as
incurred monthly. During the Initial Term, the applicable rates for Professional Services shall be the same as
the rates quoted hereunder for the same categories of Professional Services, for onshore resources, as
follows:
Training $160
Project Management $160
Basic Consulting $160
High Level Consulting $225
Development $200
Technical Services $200
Installation $175
Analytics $22
If offshore resources are used for Professional Services, Superion will notify the Customer of the
rates in advance for approval.
RECURRING FEES
C. The Annual Access Fee is due: on the Execution Date, and annually thereafter on the anniversary of the Go
Live Date per the fees listed above.
ANCILLARY FEES
d. Reimbursement of travel and living expenses will be governed by Exhibit 3 ("Travel Expense Guidelines")
attached hereto and will be invoiced monthly in arrears and due within forty-five (45) days from date of
invoice.
e. Customer is responsible for paying all taxes relating to this Agreement. Applicable tax amounts (if any) are
not included in the fees set forth in this Agreement. If Customer is exempt from the payment of any such
taxes, Customer must provide Superion valid proof of exemption; otherwise, Superion will invoice Customer
and Customer will pay to Superion all such tax amounts.
f. If Customer fails to make any payment when due, then Superion may charge interest on the past due
amount at the rate of one-half percent (0.5%) per month calculated daily and compounded monthly,
or, if lower, the highest rate permitted under applicable law; and If such failure continues for 90 days
following written notice thereof, Superion may suspend performance or access until past due amounts
have been paid.
`y4'SUPERION `
;a SUPERION
EXHIBIT 2
Support Standards (CLOUD/ASP)
1. Superion Cloud Security Program
1.1. Access & Continuity. Logical access restrictions
include VLAN data segregation, extensive deny -by -
default access control lists, and Multi -Factor
authentication required for System Administration.
Business continuity is prioritized via daily encrypted
backup stored offsite, virtual tape backup
technology to counter loss of physical media, and
full replication to disaster recovery site, with
redundancy an availability through multiple carriers.
1.2. Security & Monitoring. SSL and IPSEC VPN with
256 bit encryption, web application firewalls, multi -
layered infrastructure model with recorded internal
and external CCTV, card access control, best of
breed HVAC/fire suppression/physical security,
and backed by 24-7 x 365 monitoring by a staffed
operations facility for: Intrusion detection &
prevention, DDOS mitigation, and automated
network incident creation and escalation.
1.3. Testing Audits & Compliance. 3,d party internal,
external, perimeter vulnerability and penetration
testing. Centrally managed patching, OS hardening
program, and endpoint protection on all servers.
Industry standard compliance includes annual
completion of: SSAE18/ISAE Data Center Audit,
SSAE18 Operations Audit, PCI-DSS Compliance
Audit, Vulnerability Testing & CVSS Audit, and
Control Self -Assessment Audit.
MM1 OEM=MOVIDER As COMPLIANT
6
o�18.t11tl�A
2. Service Level Commitments
M
r. '
2.1. Target. In each Service Period, the target for availability of the Superion Solutions is 99.99% ("Availability
Target"). "Service Period" means 24 hours per day Monday through Sunday each calendar month that
Customer receives the Superion Solutions, excluding Sundays between 12:00 AM and 12:00 PM Eastern
Time for scheduled maintenance. During this time, Customers may experience intermittent interruptions.
Superion will make commercially reasonable efforts to minimize the frequency and duration of these
interruptions and Superion will notify the Customer if the entire maintenance window will be required.
2.2. Support Terms. Beginning on the Execution Date and continuing for twelve (12) months thereafter ("Initial
Support Term"), Superion shall provide the ongoing Support Services described herein for the
corresponding Fees outlined in Exhibit 1. Upon expiration of the Initial Support Term, ongoing Support
Services shall automatically renew, with customer paying for additional annual support periods, each a
("Renewal Support Term"). This renewal will continue until termination of this Agreement provided that,
Superion shall not give notice of termination if it would be effective prior to a period equal to two times the
Agreement's Initial Term.
2.3. Measurement. Service availability is measured as the total time that the Superion Solutions are available
during each Service Period for access by Customer ("Service Availability"). Service Availability
measurement shall be applied to the production environment, and the points of measurement for all
monitoring shall be the servers and the Internet connections at Superion's hosted environment. Superion
has technology monitoring, measuring, and recording Service Availability. The Customer, at their discretion,
may also employ monitoring tools, not to override Superion's measurements for the purposes of calculating
Service Availability. Additionally, the use must be:
2.3.1.1. mutually agreed upon by Superion and the Customer.
2.3.1.2. paid, installed and maintained by the Customer.
2.3.1.3. non-invasive and may not reside on Superion's systems.
2.4. Calculation. Service Availability for a given month shall be calculated using the following calculation:
2.4.1. The total number of minutes which the service was NOT available in a given month shall be subtracted
from the total number of minutes available in the given month. The resulting figure is divided by the
total number of minutes available in the given month.
2.4.2. Service Availability Targets are subject to change due to the variance of the number of days in a month.
2.4.3. The total number of minutes which the service was NOT available in a given month shall exclude
minutes associated with Sunday outage window or for security patches that require emergency
maintenance.-
2.5. Remedy. If the Service Period target measurement is not met then the Customer shall be entitled to a credit
calculated as follows:
Service Availability in the relevant
Service Period
Percentage Reduction in Monthly Fee for
the Subsequent Service Period
Less than 99.9% but greater than or equal to 99.0%
5%
Less than 99.0% but greater than or equal to 95.0%
25%
Less than 95%
50%
2.6. If not directly reported by Superion, credit entitlement must be requested by the Customer within sixty (60) days
of the failed Target. Customer shall not be entitled to offset any monthly Superion Solutions fee payments, nor
withhold fee payments, on account of a pending credit. Customer shall not be eligible for credits for any period
where Customer is more than thirty (30) days past due on their account. Superion will provide reporting, showing
performance and service levels. Credits will be calculated and offset from Customer's monthly or annual
Solutions fee payment, and Superion will separately provide a record of credits to the Customer.
2.7. Chronic Outage. Subject to the exclusions set forth in Section 8 herein, in the event the Customer experiences
Service Availability that is below 95.0% for any four (4) or more months in a rolling twelve (12) month period,
Customer shall have the right to claim that Superion is in material breach of the Agreement and may terminate
this Agreement in accordance with Section 16.1, excluding the rights and opportunity to cure provided under
Section 16.1(ii).
3. Server Performance & Capacity.
3.1. Superion shall provide sufficient server capacity for the duration of this hosting Agreement to meet the
reasonable performance requirements for the number of concurrent system users provided for in this
Agreement. If the Customer requests, at some later date, to add additional Superion Solutions, increase user
licenses, increase storage or processing requirements, and/or request additional environments, these requests
will be evaluated and if additional resources are required to support modifications, additional fees may apply.
In the event, Service Availability is below 99.9% for any three (3) or more months in a rolling twelve (12) month
period, Superion shall deploy additional server and network capacity to meet the performance requirements of
this Agreement at no additional expense to the Customer.
3.2. "In -network" is defined as any point between which
subsequently departs the Superion environment.
protected network environment shall be deemed as
connectivity and/or performance out -of -network.
4. System Maintenance.
the data packet enters the Superion environment and
Any point of communications outside of the Superion
"out -of -network." Superion is not responsible for Internet
4.1. Superion Solutions maintenance and upgrades. Superion will provide all hosted systems and network
maintenance as deemed appropriate and necessary by Superion. Maintenance and upgrades will be scheduled
PERION
10 days in advance with the Customer's primary contact if they fall outside of the designated hours set aside
for this function of Sundays from 12:OOAM to 12:00 PM.
4.2. Hardware maintenance and upgrades. Hardware maintenance and upgrades will be performed outside of the
Customer's standard business hours of operation and the Customer will be notified prior to the upgrade.
4.3. Emergency maintenance. Emergency situations will be handled on a case -by -case basis in such a manner as
to cause the least possible disruption to overall system operations and availability without negatively affecting
system stability and integrity. Superion will attempt to notify the Customer promptly, however if no contact can
be made, Superion management may deem it necessary to move forward with the emergency maintenance.
5. Incident Response. Incidents are defined as interruptions to existing service and can range in priority from urgent
to low depending on the impact to the Customer. Superion will make commercially reasonable efforts to respond to
Qiincrinn Cnhitinnc inririenfc fnr live nmriurtinn systP.ms usina the followina auldellnes:
Priority
Impact
Description
Performance Target
Minimum
Level
Performance
Goal /o
1
Urgent
An Incident that results in loss
Superion will respond via a Support
95%
of Customer connectivity to all
Service Representative within 1 hour of t
of the Superion Solutions or
issue being reported with an initial
results in loss, corruption or
assessment for rectification, with a
damage to Customer's Data.
progress report twice per day.
2
Critical
An Incident that has an
Superion will respond via a Support
95%
adverse material impact on
Service Representative within 2 hours of
the performance of the
the issue being reported with an initial
Superion Solutions or
assessment for recitificaiton, with a
materially restricts Customer's
progress report once per day
day-to-day operations.
3
Non-
An Incident that does not
Superion will respond via a Support
95%
Critical
result in a failure of the
Service Representative within 4 hours of
Superion Solutions but a fault
the issue being reported with an initial
exists that restricts the
assessment for rectification, with a
Customer's use of the
progress report every 3 business days.
Superion Solutions.
4
Minor
An Incident that does not
Superion will respond via a Support
95%
affect or which has minimal
Service Representative within 24 hours o
adverse impact on the use of
the issue being reported.
the Superion Solutions.
5.1. Restoration Times. Superion shall track and report on responses from a Support Services representative and
resolution time for application and hosting support issues identified by the Customer, as follows: Priority 1 = 4
hours; Priority 2 = 1 business day; Priority 3 = 5 days; and Priority 4 = 10 days.
Disaster Recovery. Superion provides disaster recovery services for Superion Solutions. The costs for these
disaster recovery services are included in the monthly fees. In the event that a disaster renders the Customer's
data center inaccessible or non-functional, Superion will provide the ability to connect to the appropriate data center
using software provided by Superion. This will allow the Customer to connect to their systems from a remote site to
the previously identified critical functions, however functionality may be diminished due to lack of access to
hardware and/or software located in the Customer's facilities.
Exceptions. Superion shall not be responsible for failure to carry out its service and maintenance obligations under
this Agreement if the failure is caused by adverse impact due to:
7.1. defectiveness of the Customer's environment, Customer's systems, or due to Customer corrupt, incomplete, or
inaccurate data reported to the Superion Solutions, or documented Defect.
7.2. denial of reasonable access to Customer's system or premises preventing Superion from addressing the issue.
SUPERION _.'..._ ..._. .___ ...
7.3. material changes made to the usage of the Superion Solutions by Customer where Superion has not agreed to
such changes in advance and in writing or the modification or alteration, in any way, by Customer or its
subcontractors, of communications links necessary to the proper performance of the Superion Solutions.
7.4. a force majeure event, or the negligence, intentional acts, or omissions of Customer or its agents.
8. Incident Resolution. Actual response times and resolutions may vary due to issue complexity and priority. For
critical impact level and above, Superion provides a continuous resolution effort until the issue is resolved.
9. Service Requests. Service requests are new requests that will take less than 8 hours to accomplish. For new
requests that require additional time, Superion will prioritize these requests, and determine if extra time is needed
to order equipment or software. Superion will respond via a Support Service Representative within 3 business days
to service requests.
10. Non -Production Environments. Superion will make commercially reasonable efforts to provide non -production
environment(s) during Customer business hours. Non -production environments are not included under the metrics
or service credit schedules discussed in this Exhibit.
10.1.Maintenance. All forms of maintenance to be performed on non -production environments will follow the exact
structure and schedules outlined above in Section 3 for regular System Maintenance.
10.2.Incidents and service requests. Non -production environment incidents are considered priority 3 or 4, dictated
by circumstances and will be prioritized and scheduled similar to production service requests.
11. Responsibility Summary Matrix.
Responsibility Summary Matrix
Description
Superion
Responsibility
Customer
Responsibility
ASP Server Hardware management
X
ASP Server Files stem management
X
ASP Server OS upgrades and maintenance
X
ASP Database product upgrades and maintenance
X
ASP 3rd Party product upgrades and maintenance
X
Application Update Installation
Request to install application updates
X
Installation of application updates
X
ASP Backup Management
X
Data and or File restoration
Request to restore data and or files
X
Restoration of data and or files
X
Network
ASP Network up to and including the router at Superion's location
X
ASP Router at Customer's location
X
Customer's network up to the router at Customer's location
X
Customer Workstations
X
System Performance
X
X
Add/Change users
User add/chan ere nests
X
User add/change implementation for System Access
X
User add/change implementation for Superion Solutions
X
Add/Change Printers
Printer add/change requests
X
Printer add/change implementation on ASP network
X
Printer add/change implementation for Superion Solutions
X
Disaster Recovery
X
Password Management
X
X
Application Management
Application Configuration
X
PERION
Application Security Management
X
Accuracy and Control of Data
X
Security
Intrusion and Penetration Testing
X
12. Virtual Private Network (VPN) Concentrator. If Customer's desired system configuration requires the use of a
VPN concentrator, including router, this will be provided by Superion. It will reside at Customer's location but is, and
shall remain the property of Superion.
13. Customer Cooperation. Customer may be asked to perform problem determination activities as suggested by
Superion. Problem determination activities may include capturing error messages, documenting steps taken and
collecting configuration information. Customer may also be requested to perform resolution activities including, for
example, modification of processes. Customer agrees to cooperate with such requests, if reasonable.
14. Training. Outside the scope of training services purchased, if any, Customer is responsible for the training and
organization of its staff in the operation of the Superion Solutions.
15. Development Work. The Support Standards do not include development work either (i) on software not licensed
from Superion or (ii) development work for enhancements or features that are outside the documented functionality
of the Superion Solutions, except such work as may be specifically purchased and outlined in Exhibit 1. Superion
retains all Intellectual Property Rights in development work performed and Customer may request consulting and
development work from Superion as a separate billable service.
16. Telephone Support & Support Portal
16.1.Hours. Superion shall provide to Customer, Monday through Friday, 8:00 A.M. to 5:00 P.M Eastern Time,
excluding holidays, at 800-695-6915, option 141, to answer or respond to calls and web portal inquiries.
Superion shall provide to Customer, during the Support Hours, commercially reasonable efforts in solving errors
reported by the Customer as well as making available an online support portal. Customer shall provide to
Superion reasonably detailed documentation and explanation, together with underlying data, to substantiate
errors and to assist Superion in its efforts to diagnose, reproduce and correct the error. This support shall be
provided by Superion at Customer location(s) if and when Superion and Customer agree that on -site services
are necessary to diagnose or resolve the problem. Customer must provide Superion with such facilities,
equipment and support as are reasonably necessary for Superion to perform its obligations under this
Agreement, including remote access to the Specified Configuration
16.2. Releases. Customer shall promptly install and/or use any Release provided by Superion to avoid or mitigate a
performance problem or infringement claim. All modifications, revisions and updates to the Superion Solutions
shall be furnished by means of new Releases of the Superion Solutions and shall be accompanied by updates
to the Documentation whenever Superion determines, in its sole discretion, that such updates are necessary.
16.3. Case Number and Escalation. Measured from the moment a Case number is created. As used herein a "Case
number" is created when a) a Superion support representative has been directly contacted by Customer either
by phone, in person, or through Superion's online support portal, and b) when Superion's support
representative assigns a case number and conveys that case number to the Customer. An incident must be
reported and recorded in Superion's support system, and any associated escalation for resolution of the Case
Number will proceed as follows:
a. Support Manager
b. Support Director or Director of Cloud
c. Assigned CSM (Customer Success Manager
d. Support VP
e. Public Administration General Manager
f. COO of Compan
g. CTO of Compan
h. CEO of Compan
a"SUPERION
164
SUPERION
EXHIBIT 3
Travel Expense Guidelines
Superion will adhere to the following guidelines when incurring travel expenses:
All arrangements for travel are to be made through the Superion Corporate Travel Agent unless other
arrangements have been made with the Customer and are documented in writing.
AIR TRAVEL — Superion will use the least expensive class of service available with a minimum of seven (7) day,
maximum of thirty (30) day, advance purchase. Upon request, Superion shall provide the travel itinerary as the
receipt for reimbursement of the airfare and any fees. Fees not listed on the itinerary will require a receipt for
reimbursement.
Trips fewer than 250 miles round are considered local. Unless a flight has been otherwise approved by the
Customer, Customer will reimburse the current IRS approved mileage rate for all local trips.
LODGING —Superion will use the most reasonable accommodations possible, dependent on the city. All movies,
and phone/internet charges are not reimbursable.
RENTAL CAR — Compact or Intermediate cars will be required unless there are three or more Superion
employees sharing the car in which case the use of a full size car is authorized. Gas is reimbursable however,
pre -paid gas purchases will not be authorized and all rental cars are to be returned with a full tank of gas. Upon
request, receipts for car rental and gas purchases will be submitted to Customer. Superion shall decline all rental
car insurance offered by the car rental agency as staff members will be covered under the Superion auto insurance
policy. Fines for traffic violations are not reimbursable expenses.
OTHER TRANSPORTATION — Superion staff members are expected to use the most economical means for
traveling to and from the airport (Airport bus, hotel shuttle service). Airport taxi or mileage for the employee's
personal vehicle (per IRS mileage guidelines) are reimbursable if necessary. Upon request, receipt(s) for the taxi
will be submitted to Customer. Proof of mileage may be required and may be documented by a readily available
electronic mapping service. The mileage rate will be the then -current IRS mileage guideline rate (subject to change
with any change in IRS guidelines).
OTHER BUSINESS EXPENSES — Parking at the airport is reimbursable. Tolls to and from the airport and while
traveling at the Customer site are reimbursable. Tipping on cab fare exceeding 15% is not reimbursable. Porter
tips are reimbursable, not exceeding $1.00 per bag. Laundry is reimbursable when travel includes a weekend day
or Company Holiday and the hotel stay is four nights or more. Laundry charges must be incurred during the trip
and the limit is one shirt and one pair of pants/skirt per day. With the exception of tips, receipts shall be provided
to Customer upon request for all of the aforementioned items.
MEALS — Standard per Diem. Subject to change due to cost of living.
SUPERION _. ..._..
SUPERION
EXHIBIT 4
Statement of Work
This document is the Statement of Work (SOW) and contains the approach for the implementation of
CentralSquare's Technology's ("CentralSquare") Public Administration Community Development migration
(Community Development Solution). This upgrade is solely related to the services expressly identified in the
Solutions Agreement (the "Agreement") for the City of Tukwila, Washington (the "Customer"). CentralSquare will
provide implementation services identified in the Agreement and as further described in this SOW to assist the
Customer in implementing the software solution. The SOW is an attachment incorporated as part of the Agreement
signed by CentralSquare and the Customer, and all actions directed herein shall be performed in accordance with
the aforementioned Agreement.
This SOW is intended to be a planning and control document, not the detailed requirements or design of the
Community Development Solution.
The purpose of this project is to migrate the Customer's current TRAKiT9 software to CentralSquare's Community
Development software. The project scope is comprised of the Community Development Solution applications and
services identified in the Agreement and further described throughout this SOW. Anything not specifically
designated in the Agreement or SOW should be considered out of scope and not part of this project.
2.1 Software 51cope
Covered software does not include hardware, hardware vendor operating systems and/or other system software,
Customer developed software, or third -party software. CentralSquare will deliver computer software and database
structure for SQL/Server database.
The following list depicts the Community Development Solution modular applications and number of licensed
users associated with the Agreement.
Community Development
• Permitting
• Projects and Planning
• Code Compliance
• Land Management (includes Basic GIS)
• Citizen Response Management
• Mobiles
• Fusion
• Citizen Engagement
• Integrated Voice Response (IVR)
The following outlines the proposed services for the project management, installation, configuration, training,
testing, and other services work necessary for the implementation of the Community Development Solution and
represents a good -faith estimate based on our knowledge at time of the Agreement.
PERION -_.
:{ SUPERION
Service Description
Engagement
High Level Tasks
Key Deliverables
Completion of this following tasks are
1. Project Management
accomplished through a combination of onsite
Plan
and remote visits:
2. Integrated Project
• Kick -Off meeting
Schedule
• Formal discovery sessions at start of
3. Communication Plan
project
4. Decision Workbook
• Detailed scope and contract review
Planning/Project
o Discovery/design and workflow
Initiation/Analysis
review
o Conversion scope review
• Assignment of project team and identify
key team members
• Identify improvement opportunities
through a workflow analysis
• Collaboratively develop a project
schedule that drives implementation
Remote installation tasks consisting of the
5. Monthly Status Report
following:
6. Issues Log
Software installation
7. Risk Register
Application installation
Network architecture review
Monitoring and
Comprehension design and configuration task
Control/
for the software solution:
Configuration
Creation of workflow
Report development
System configuration
Data converted
Third -party software Integration, where
applicable
Shared responsibilities for the following tasks:
8. Test Workbook
System validation
Application tests
Integration testing
Parallel testing
Testing
Completion of the following tasks are
accomplished through a combination of onsite
and distance learning sessions:
End user training
System administration training
Tasks to be completed at or near the end of the
9. Go Live Plan
implementation project:
10. Services to
Deployment/
Mock Go Live/Go Live Readiness review
Support/CSM Project
Closeout
Go Live activities
Closeout Report
Complete project documentation
Transition to support team
Transition to customer success manager
SUPERION
"SUPERION
Service Assumptions
CentralSquare is implementing a Commercially Available Off -the -Shelf solution.
Customer and CentralSquare expect that this SOW may be modified from time to time as mutually agreed, given
that CentralSquare may be provided or may obtain a more thorough understanding of Customer's existing
policies, practices, and operations through the post -contract planning and discovery process.
Customer and CentralSquare will jointly develop the detailed and fully integrated project plan and schedule. Any
significant or material changes to the project, once the project plan is finalized, may result in the need for a
change order.
Customer may obtain the services of an additional consultant to provide project review, advice, and consultation
at their own cost. CentralSquare will make every attempt to cooperate with the efforts of this consultant within
the context of Customer's participation, deliverable review, and approval timeframes identified within this SOW
and the Agreement.
Both the Customer and CentralSquare will furnish resources with appropriate skills and experience to handle the
roles and responsibility described in this SOW.
CentralSquare is not responsible for quality of Customer's legacy data or for the correction or resolution of data
quality issues unless previously agreed upon.
Customer's existing reports (SSRS and/or Word) will be upgraded and migrated to the Community Development
Solution.
Customer's Python and SQL scripts will be updated and revised.
Customer Responsibilities
• Customer will change business processes as necessary to maximize efficiencies in the Community
Development Solution.
• Customer will make resources available to assist as needed to fulfill the responsibilities herein.
• Customerwill form a Project Team and will make their Project Team members available for meetings; consulting
and training sessions; discussions and conference calls; and, other related project tasks or events requested
by CentralSquare, or as indicated in the project plan.
• Customer Project Team members will respond to information requests from CentralSquare staff in a timely
manner as to minimize delays in the project.
• Customer Project Manager, Project Team, Subject Matter Experts, and other key personnel (as determined
by Customer) will participate in the Kick -Off Meeting.
• Customer will cooperate with CentralSquare Project Manager to develop a mutually agreeable schedule and
agenda for the workflow discovery.
• Customer will review recommendations in the Workflow Analysis Report and attend the scheduled
presentation of the findings. Customer will submit written questions or requests for clarification/revision to the
CentralSquare Project Manager within five (5) business days of the presentation.
• Customer will participate in planning activities (conference calls, emails) with CentralSquare Application
Installation Consultant and Technical Lead.
• Customer will designate a representative as the Project Team's Project Manager, The Project Manager will
be the primary point of contact for project coordination throughout the project.
• Customer will provide adequate breakout and conference space, as well as an adequate workspace for each
onsite CentralSquare consultant, with access to network, Wi-Fi, telephone, and close proximity to the
Customer Project Team.
• Customer will provide adequate training space and computers for the scheduled training throughout the
project. The training spaces will include fully functioning networked computers, meeting the required
CentralSquare hardware standards. CentralSquare may consider alternative meeting options such as WebEx,
video conferencing, remote desktop, and conference calls when appropriate.
• Customer will act as the primary point of contact with non-CentralSquare third parties, including other vendors,
state agencies, and local agencies that control products and/or databases with which CentralSquare products
are to be interfaced.
• Customer will provide expertise in third -party data, data mapping, and data validation.
PERION ___4
sUPERION
• Customer will be responsible for validating all data transferred into the Community Development Solution and
data transferred from Community Development Solution into other third -party applications.
• Customer application owners will participate in testing activities.
• Customer will provide verification and validation of the converted data into the designated non -production
environment according to the Test Plan.
• Approval to proceed: Customerwill provide sign off of the converted data set in a non -production environment,
approving the cycle to be completed in a production environment.
• Customer will identify and schedule appropriate personnel to attend training.
• Customer will complete all tasks on the Customer Go Live preparation checklist in the designated timeframes.
• Customer Project Manager and other key personnel (as determined by Customer) provide support and
assistance throughout Go Live event.
• Final conversion sign off: Customer will provide sign off of the converted data set into the production
environment.
Out of Scope
• Development of ad hoc reports.
• Modifications to baseline reports, forms, web pages.
This project scope includes services to migrate the core solution only. Any additional cost associate with
interfaces or integrations between CentralSquare Community Development and other third party solutions are
not in scope.
CentralSquare and Customer will conduct the following Installation as part of this project.
Tasks
Name
Description
Customer Role
CentralSquare Role
1)
Installation
Initial Installation of
0 Attend
0 Discovery Call
CentralSquare's Community
Discovery Call
0 Complete
Development Solution
install and
software
data migration
2)
Test Account
Test Account Creation is the
a Validate
0 Create Test
Creation
creation of the test account
Account
Account
which is cloned from the pre-
production environment.
Assumptions
• CentralSquare will provide the Community Development Solution software.
• Production Environment may have up to 4 application servers.
• CentralSquare will create one (1) Production Account and one (1) Test Account as part of the Agreement.
Additional accounts will require additional hours added under separate quote by mutual written agreement
at CentralSquare's prevailing rates.
o Production Environment may have up to 4 application servers
o Test, Development, and any Additional Environments will each have (1) application server
• System Administrative training comes standard with all the Community Development Solution installations
which will be completed remotely. CentralSquare will train Customer on doing a data refresh from
Production to other environments as part of admin training.
Roles and Responsibilities
CentralSquare:
• Load files and perform initial configuration of all licensed CentralSquare applications, including base and add -
on modules, and interfaces to third -party applications. Configuration includes activating appropriate modules,
6riYSUPER ION _.
+ SUPERION
table set up, and selection of mandatory configuration settings based on combination of CentralSquare
applications purchased.
• Set up test environment as mirror copy of the production environment.
• Conduct knowledge transfer of installation/set up procedures to Customer IT staff and/or other designated
personnel responsible for set up and maintenance of end -user computers (4-6 people maximum).
• Conduct a test to verify that CentralSquare applications have been installed and configured successfully,
operating properly, and are ready to begin the implementation and configuration process. Note: Not all
CentralSquare components may be ready at this point, for a full test, but a reasonable effort ensures
CentralSquare components are ready for the next step in the process. CentralSquare installation services will
ensure that all needed components are prepared and ready prior to conducting subsequent activities for the
specific application area according to the agreed upon Project Schedule.
Customer:
• Participate in planning activities (conference calls, emails) with CentralSquare Application Installation
Consultant and Technical Lead.
• Attend knowledge transfer sessions focusing on how to prepare workstations or mobile computers to run
CentralSquare applications.
The purpose of the project governance is to define the resources required to adequately establish the business
needs, objectives and priorities of the project, communicate the goals to other Project participants and provide
support and guidance to accomplish these goals. Project governance also defines the structure for issue
escalation and resolution, change control review and authority, and organizational change management activities.
The preliminary governance structure establishes a clear escalation path when issues and risks require escalation
above the Project Manager level. Further refinement to the structure, the process and specific roles and
responsibilities may occur throughout the project. Changes to the governance will be mutually agreed upon,
properly documented, and communicated to all impacted parties.
Organizational change management plays a vital role in achieving high levels of user adoption and realization of
benefits from efficiencies gained during prescriptive process changes throughout the implementation. Managing
the organizational change acceptance through the establishment of a formal Change Management Team is a key
function that drives project success.
Customer Personnel
Sponsorship Team (ST)
The Customer's ST provides support to the project by allocating resources, providing strategic direction,
communicating key issues about the project and the project's overall importance to the organization. When called
upon, the ST will also act as the final authority on all escalated project issues. The ST engages in the project, as
needed, to provide necessary support, oversight, guidance, and escalation, and may participate in day-to-day
activities in their normal job roles. The ST will empower the Product Owner, Project Manager, Change Manager,
Project Management Team and the functional team leads to make critical business decisions for the Customer.
Specifically, the ST will:
• Understand and support the cultural change necessary for the project
• Oversee the project team and the project as a whole
• Participate in regular meetings so it is current on all project progress, project decisions, and achievement
of project milestones
• Communicate the importance of the project to City departments along with other department directors
and the Change Manager,
7 SUPERION
SUPERION
• Be responsible for making timely decisions on critical project or policy issues.
The Project Management Team (PMT)
This team is made up of the Customer Project Manager and subject matter experts from major departments within
the organization. It will meet on a regular basis to monitor that overall project goals are realized. This team will
formulate strategy to the execution of the project plan and make decisions and recommendations regarding project
activities, changes, resources, issues, and risks. This team will also provide oversight and guidance for Change
Management, ensuring project and change management activities are properly aligned with overall objectives. In
short, this team will serve as a liaison between the Steering Committee and the day-to-day activities of the project.
Meeting frequency between this group and the CentralSquare Project Manager will be defined in the
Communications Plan.
Product Owner
The Product Owner (PO) is the management level resource that will be responsible for accurately communicating
the requirements, assumptions and constraints of the business unit to the team. The work performed by the PO
will include the clarification of business requirements, testing and communication of project status to staff. The
PO will work closely with the City's PM and Central Square's PM.
• The Customer's Product Owner will communicate and reinforce the vision
• Collaborate with stakeholders and the team to define and communicate the roadmap
• Collaborate with the Change Management Team
• Clarify requirements and priorities with stakeholders and team
• Manage the Functional Team Leads and SMEs
Project Manager
The Customer's Project Manager will:
• Be the primary contact for the project
• Coordinate Customer's project team members
• Coordinate all CentralSquare activities with the CentralSquare Project Manager
• Coordinate the subject matter experts (SMEs) at the City
• Be responsible for reporting to the ST
• Ensure all deliverables are reviewed on a timely basis by the Customer
• Co -manage the overall implementation schedule with the CentralSquare Project Manager
• Collaborate with the Change Management Team
Functional Team Leads
Customer project team members will work under the direction of the designated Functional Team Leads for each
area in the system. The functional leads have detailed subject matter expertise and are empowered to make or
obtain from the SC appropriate business process and configuration decisions in their respective areas.
The functional leads are tasked, by the Customer Project manager, with carrying out all project tasks described
in the SOW including business process analysis, configuration, documentation, testing, training, and all other
required Customer tasks. The functional leads will be responsible for and empowered to implement the new
system in the best interests of the Customer consistent with the project goals, project vision, and direction from
the Project Manager, the PMT and the ST.
Subject Matter Experts (SMEs)
r'SUPERION __
SUPERION
SMEs have special, in-depth knowledge of Customer's current legacy systems and processes. Their opinions will
be sought in defining business needs, test requirements, and software functionality. During the implementation,
the Customer's SMEs will dedicate a considerable amount of their time to the project because they may be
involved in multiple roles, including participating in training and other workshops, conducting end user training,
reviewing project deliverables, performing various testing tasks, etc.
Quality Assurance Team (QAT)
The Customer will form a QAT made up of individual(s) who will participate in the review and acceptance of each
CentralSquare deliverable and conduct periodic project health checks to ensure tasks are completed on time, on
budget and to the satisfaction of the Customer. Furthermore, the QAT will work closely with the Project Manager
to ensure all contractual matters are in compliance and services delivered are in accordance with the terms and
conditions of the CentralSquare/Customer agreement as well as with the SOW.
Assumptions:
• The Customer may have multiple staff providing the roles outlined above and the same staff providing
multiple roles.
CentralSquare Personnel
Project Sponsor
CentralSquare Project Sponsor will have indirect involvement with the project and is part of the escalation process.
The sponsor will offer additional support to the CentralSquare project team and collaborate with other third -party
consultants who are involved on this project. Specifically, the Project Sponsor will:
• Provide support to Project Managers in reporting project progress to ST.
• Approve and sign -off on any material changes to project scope or staffing changes.
Project Manager
The CentralSquare Project Manager will coordinate all project activities with the Customer and perform the
following:
• Serve as the point person for all project issues (the first escalation point)
• Be responsible for project performance, deliverables as they are outlined in the SOW, and the milestones.
• Provide periodic updates to the Customer's ST and the PMT.
• Fulfill Go Live dates
• Support the Customer Project Manager in monitoring and reporting overall implementation progress
• Monitor and report progress on CentralSquare's responsibilities on a weekly basis
• Immediately notify the Customer Project Manager, the PMT and the ST of any issue that could delay the
project
• Ensure Software installation occurs as per the project schedule.
• Schedule CentralSquare Staff according to the project plan.
• Facilitate coordination between all CentralSquare departments.
• Monitor the work plan and schedule and make course corrections as necessary.
• Prepare bi-weekly status reports along with notes from meetings and calls.
• Develop meeting agendas.
• Provide issue resolution status, tracking, and procedures.
• Identify personnel, equipment, facilities and resources that will be required to perform services by
CentralSquare.
PERION _..
SUPERION
Functional Leads (Consultants, Developers, and Technical resources)
• Install application in agreed upon environments.
• Work with the Customer functional leads and SMEs to design and configure the functional components
of the Community Development Solution software for optimal long-term use.
• Document decisions made during configuration in the weekly site reports.
• Lead the Community Development Solution software configuration with assistance from the Customer's
functional leads.
• Check that software operates after configuration as per its documentation.
• Assist with the resolution of issues and tasks.
• Schedule the training of the Customer functional leads and SMEs during the configuration of software.
• Provide and assist with data conversion guides.
• Create and deliver interface programs according to Customer specifications and this SOW.
• Provide training on security and assist with set up.
• Provide training on workflow and assist with set up.
• Provide samples of and training on the creation of forms and reports.
Project Oversight
The CentralSquare Project Management Organization (PMO) will provide Project Oversight throughout the project
life cycle.
Assuring a project of this type is progressing as outlined in the project management plan and is achieving the
goals of the Customer is critical to overall project success and eventual adoption of the system by all stakeholders.
Said oversite includes, but is not necessarily limited to:
• Providing assistance with any areas of high risk identified throughout the project.
• Holding a monthly meeting with the Customer PMT to discuss and assess their view of the project
progress.
• Communicating any challenges internally to leadership throughout CentralSquare's organization to assist
in resolving issues.
• Providing feedback to CentralSquare project staff and CentralSquare PMO on the results of the oversight
activities.
• Helping identify lessons learned that can improve performance on future phases.
• Issues that will impact the quality, timeline, and overall goals will be identified, tracked, resolved and
documented in the Issues/Tasks Log. These issues will be presented to the PMT and the SC during the
regular cadence meetings as required.
yp .ram �.
t 3
The Customer will review, approve and provide written acceptance for all Milestones outlined in the Agreement
by following the below process:
• The Customerwill identify in writing any required changes, deficiencies, and/or additions necessary, within
fifteen (15) business days from the form being delivered to the customer for each completed Deliverable,
unless the review timeframe is deemed to be insufficient for a proper review. In such cases, the Customer
Project Manager will request an extension in writing to the CentralSquare Project Manager, and the parties
will mutually agree to a reasonable alternative to the original deadline.
l �'bUPEIgIUN
f SUPERION
y
• CentralSquare will review deliverables which are not approved and create a plan to address the
deficiencies. Once the deliverable has been corrected or the milestone achieved, a revised completion
form will be submitted. The Customer will then review the deliverable or milestone and provide any
additional comments on any required changes, deficiencies, and/or additions necessary within ten (10)
business days from the updated completion form being delivered to Customer. Again, if the review
timeframe is deemed to be insufficient for a proper review, the Customer Project Manager will request an
extension in writing to the CentralSquare Project Manager, and the parties will mutually agree to a
reasonable alternative to the original deadline. This process will be repeated until the Customer grants
approval and signoff on the deliverable or milestone.
• Upon approval of the deliverable or milestone, the Customer Project Manager will sign the completion
form and return it to CentralSquare Project Manager.
The Customer and CentralSquare should anticipate challenging issues to arise throughout the implementation
process due to the complex magnitude of this project. In order for these issues to be remedied in a timely fashion,
the Customer and CentralSquare will utilize the following Dispute Resolution Procedure:
All communication regarding the project should be directed to the respective Project Managers of CentralSquare
and the Customer to maintain consistent communication between the parties. Scheduled weekly calls/meetings
will be maintained between the two Project Managers and the Customer's PMT.
All issues or concerns will be discussed actively and openly between all parties. If issues begin to interfere with
the progression of the implementation project, the Customer and/or CentralSquare should escalate issues to
CentralSquare management in the sequence below, as needed:
Name and Role
...,...,..
Email
Michael DiOrio, Sr. Director of
Professional Services
407-304-3024
iylicheal.DiOrio E( CentralSouare.con-,
George Slyman, Sr. Director of
Professional Services
360-303-9362
SiyrnanCC)7<•on�r�l
Aydin Asil, VP Professional Services
604-340-1720
Avc in.Asil CentralSguare.com
zf
The Customer and CentralSquare may request a change to this scope of work by following the process outlined
in the Agreement.
T
„ I I I n 7 n I rl N l
SUPER ION
EXHIBIT 5
Vendor Security Requirements
ntroduction
During the term of this agreement, the vendor shall operate an information security program designed to
meet the confidentiality, integrity, and availability requirements of the service or product being supplied. The
program shall include at a minimum the following security measures.
1. Information Security Policy: vendor shall develop, implement, and maintain an information security
policy and shall communicate the policy to all staff and contractors.
2. Information Security Accountability: vendor shall appoint an employee of at least manager level who
shall be accountable for the overall information security program.
3. Risk Management: vendor shall employ a formal risk assessment process to identify security risks
which may impact the products or services being supplied, and mitigate risks in a timely manner
commensurate with the risk.
4. Asset Inventory: vendor shall maintain an inventory of all hardware and software assets, including
asset ownership.
5. Data Classification: vendor shall develop, implement, and maintain a data classification scheme and
process designed to ensure that data is protected according to its confidentiality requirements.
6. Supplier Security Assessments: vendor shall engage inappropriate due diligence assessments of
potential suppliers which may impact the security of the services or products being supplied.
7. Security in Supplier Agreements: vendor shall ensure that agreements with suppliers who may impact
the security of the services or products being supplied contain appropriate security requirements.
8. Information Security Awareness: vendor shall develop and implement an information security
awareness program designed to ensure that all employees and contractors receive security education
as relevant to their job function.
9. Background Checks: vendor shall conduct appropriate background checks on all new employees based
on the sensitivity of the role that they are being hired for.
Identity Managernent, A,ud- riticaiion arid Access C:;oi)6"..'.
SUPERION 'r,
Jk SUPERION
4} _
10. Authentication: vendor shall ensure that all access, by employees or contractors, to its information
systems used to provide services or products being supplied shall require appropriate authentication
controls that at a minimum will include:
a. Strong passwords or multi -factor authentication for users
b. Multi -factor authentication for all remote access
11. Authorization: vendor shall ensure that all access to its information systems used to provide services
or products being supplied shall be approved by management.
12. Privileged Account Management: vendor shall appropriately manage and control privileged accounts
on its information systems that at a minimum will include:
a. Use of dedicated accounts for privileged activity
b. Maintaining an inventory of privileged accounts
13. Access Termination: vendor shall develop and maintain a process designed to ensure that user access
is revoked upon termination of employment, or contract for contractors.
14. Encryption: vendor shall ensure that all laptops, mobile devices, and removable media, including those
that are owned by vendor employees or contractors, which may be used to store, process, or transport
organizational data are encrypted at all times. [Scoping guideline: this requirement may be removed if
the vendor is not expected to possess any confidential or sensitive organizational data]
15. Secure Disposal: vendor shall ensure that all media which may be used to store, process, or transport
organizational data is disposed of in a secure manner. [Scoping guideline: this re quirernent may be
removed if the vendor is not expected to possess any confidential or sensitive organizational data]
System Acquisition, Development and Maintenance
16. Security Requirements: vendor shall ensure that information security requirements are defined for all
new information systems, whether acquired or developed.
17. Separation of Environments: vendor shall ensure that development and testing environments are
separate from their production environment.
18. Data Anonymization: vendor shall ensure that [Company's narne]'s data will not be used in the
development or testing of new systems unless the data is appropriately anonymized.
19. Secure Coding: vendor shall ensure that all applications are developed with secure coding practices,
including OWASP Top 10 Most Critical Web Application Security Risks.
20. Risk Assessment: vendor shall use a formal risk assessment methodology to identify physical and
environmental threats and shall implement controls to minimize the risks.
information Protection Processes and Procedun
21. Hardening: vendor shall develop and implement security configuration baselines for all endpoint and
network devices types.
22. Network Segregation: vendor shall segregate its network into zones based on trust levels, and control
the flow of traffic between zones.
PERION
SUPERION
23. Anti-Malware: vendor shall ensure that all information systems that are susceptible to malware are
protected by up-to-date anti-malware software.
24. Wireless Access Control: vendor shall ensure that wireless network access is protected, including at a
minimum:
a. All wireless network access should be encrypted
b. All wireless network access to the production network should be authenticated using multi -
factor authentication such as machine certificates
c. Wireless network access for personal devices and guest access should be segregated from the
production network
25. Patching: vendor shall evaluate, test, and apply information system patches in a timely fashion
according to their risk.
26. Backup and Recovery: vendor shall implement a backup and recovery process designed to ensure that
data can be recovered in the event of unexpected loss.
27. Logging: vendor shall ensure that security event logging requirements been defined, and that all
information systems are configured to meet logging requirements.
28. Intrusion Detection: vendor shall deploy intrusion detection or prevention systems at the network
perimeter.
29. URL Filtering: vendor shall deploy tools to limit web browsing activity based on URL categories.
30. Denial of Service Protection: vendor shall deploy control to detect and mitigate denial of service
attacks.
Security Continuous Monitorir,-.?-
31. Security Monitoring: vendor shall deploy automated tools to collect, correlate, and analyze security
event logs from multiple sources, and monitor them for suspected security incidents.
32. Vulnerability Assessments: vendor shall conduct vulnerability assessments against all Internet -facing
information systems on a regular basis, no less often than quarterly.
33. Penetration Testing: vendor shall perform penetration tests on all web applications and services, in
accordance with standard penetration testing methodologies, on a regular basis, no less often than
annually.
Security Incident lVianagelnent
34. Incident Response: vendor shall develop, implement, and maintain an information security incident
response process, and will test the process on a regular basis, no less often than annually.
f� SUI,L1{IUIV ::�::.:.....:......
,1 rsUPERION
EXHIBIT 6
Data Protection and Information Security
This Data Protection and Information Security Exhibit ("Exhibit") is an attachment to the Superion Solutions
Agreement and sets forth the data protection and information security requirements of City of Tukwila. This
Exhibit includes by reference the terms and conditions of the Agreement. In the event of any inconsistencies
between this Exhibit and the Agreement, the parties agree that the terms and conditions of the Exhibit will
prevail. Throughout the term of the Agreement and for as long as Superion controls, possesses, stores,
transmits, or processes Confidential Information as part of the Services provided to City of Tukwila, Superion will
comply with the requirements set forth in this Exhibit. Any breach of this Exhibit will be deemed a material
breach under the Agreement.
1. Definitions
"Authorized Personnel" for the purposes of this Exhibit, means Superion's employees or subcontractors who: (i)
have a need to receive or access Confidential Information or Personal Information to enable Superion to
perform its obligations under the Agreement; and (ii) are bound in writing with Superion by confidentiality
obligations sufficient for the protection of Confidential Information and Personal Information in accordance with
the terms and conditions set forth in the Agreement and this Exhibit.
"Common Software Vulnerabilities" (CSV) are application defects and errors that are commonly exploited in
software. This includes but is not limited to:
(i) The CWE/SANS Top 25 Programming Errors — see http://cwe.mitre.org/top25/ and
http://www.sans.org/top25-software-errors/
(ii) The Open Web Application Security Project's (OWASP) "Top Ten Project" — see
http://www.owasp.org
"Confidential Information" is as defined in the Agreement, and includes Personal Information; provided that,
Personal Information shall remain Confidential Information even if at the time of disclosure or collection, or later,
it is or becomes known to the public.
"Industry Standards" mean generally recognized industry standards, best practices, and benchmarks including
but not limited to:
(i) Payment Card Industry Data Security Standards ("PCI DSS") — see
http://www.pcisecuritystandards.org
(ii) National Institute for Standards and Technology — see http://csrc,nist.gov/
(iii) ISO / IEC 27000-series — see http://www.iso27001security.com/
(iv) COBIT 5 — http://www.isaca.org/cobit/
(v) Cyber Security Framework — see http://www.nist.gov/cyberframework/
(vi) Cloud Security Alliance — see https://cloudsecurityalliance.org/
(vii) Other standards applicable to the services provided by Superion to CITY OF TUKWILA
"Information Protection Laws" mean all applicable local, state, federal statutes and regulations applicable to
Superion or City of Tukwila pertaining to data security, confidentiality, privacy, and breach notification.
"Personal Information" also known as Personally Identifiable Information (PII), is information of CITY OF
TUKWILA customers, employees and subcontractors or their devices gathered or used by Superion that can be
used on its own or combined with other information to identify, contact, or locate a person, or to identify an
individual in context. Examples of Personal Information include name, social security number or national
identifier, biometric records, driver's license number, either alone or when combined with other personal or
identifying information which is linked or linkable to a specific individual, such as date and place of birth,
mother's maiden name, etc. The definition of Personal Information defined under applicable state or federal law
in the event of a Security Incident shall govern.
"Security Incident" is any actual or suspected occurrence of:
'k SUPERION -_. _�..
~SUPERION
(i) Unauthorized access, use, alteration, disclosure, loss, theft of, or destruction of Confidential
Information or the systems / storage media containing Confidential Information
(ii) Illicit or malicious code, phishing, spamming, spoofing
(iii) Unauthorized use of, or unauthorized access to, Superion's systems
(iv) Inability to access Confidential Information or Superion systems as a result of a Denial of
Service (DOS) or Distributed Denial of Service (DDOS) attack
(v) Loss of Confidential Information due to a breach of security
"Security Vulnerability" is an application, operating system, or system flaw (including but not limited to
associated process, computer, device, network, or software weakness) that can be exploited resulting in a
Security Incident.
2. Roles of the Parties and Compliance with Information Protection Laws
As between THE CITY OF TUKWILA and Superion, THE CITY OF TUKWILA shall be the principal and
Superion shall be its agent with respect to the collection, use, processing and disclosure of all Confidential
Information. The Parties shall comply with their respective obligations as the principal (e.g., data
owner/controller/covered entity) and agent (e.g., data processor/business associate/trading partner) under all
Information Protection Laws. The Parties acknowledge that, with respect to all Confidential Information
processed by Superion for the purpose of providing the Services under this Agreement:
a) THE CITY OF TUKWILA shall determine the scope, purpose, and manner in which such Confidential
Information may be accessed or processed by Superion, and Superion shall limit its access to or use of
Confidential Information to that which is necessary to provide the Services, comply with applicable laws,
or as otherwise directed by THE CITY OF TUKWILA;
b) Each party shall be responsible for compliance with Information Protection Laws in accordance with
their respective roles; and
c) Superion and THE CITY OF TUKWILA shall implement the technical and organizational measures
specified in this Exhibit and any additional procedures agreed upon pursuant to a Statement of Work
("SOW") to protect Confidential Information against unauthorized use, destruction or loss, alteration,
disclosure or access.
3. General Security Requirements
Superion will have an information security program that has been developed, implemented and maintained in
accordance with Industry Standards. At a minimum, Superion's information security program will include, but
not be limited to, the following elements:
3.1 Information Security Program Management. Superion will have or assign a qualified member of its
workforce or commission a reputable third -party service provider to be responsible for the development,
implementation and maintenance of Superion's enterprise information security program.
3.2 Policies and Standards. To protect THE CITY OF TUKWILA's Confidential Information, Superion will
implement and maintain reasonable security that complies with Information Protection Laws and meets
data security Industry Standards.
a) Security Policies and Standards. Superion will maintain formal written information security policies and
standards that:
(i) Define the administrative, physical, and technological controls to protect the confidentiality,
integrity, and availability of Confidential Information, THE CITY OF TUKWILA systems, and
Superion systems (including mobile devices) used in providing Services to THE CITY OF
TUKWILA
(ii) Encompasses secure access, retention, and transport of Confidential Information
(iii) Provide for disciplinary or legal action in the event of violation of policy by employees or
Superion subcontractors and Superions
(iv) Prevent unauthorized access to CITY OF TUKWILA data, CITY OF TUKWILA systems, and
Superion systems, including access by Superion's terminated employees and subcontractors
SUPERION
,r SUPERION
(v) Employ the requirements for assessment, monitoring and auditing procedures to ensure
Superion is compliant with the policies
(vi) Conduct an annual assessment of the policies, and upon CITY OF TUKWILA'S written request,
provide attestation of compliance.
b) In the SOW or other document, Superion will identify to THE CITY OF TUKWILA all third -party
Superions (including those providing subcontractors to Superion) involved in the provision of the
Services to THE CITY OF TUKWILA, and will specify those third -party Superions that will have access
to Confidential Information.
3.3 Security and Privacy Training. Superion, at its expense, will train new and existing employees and
subcontractors to comply with the data security and data privacy obligations under this Agreement and this
Exhibit. Ongoing training is to be provided at least annually and more frequently as appropriate or
requested by THE CITY OF TUKWILA. THE CITY OF TUKWILA may provide specific training material to
Superion to include in its employee/subcontractor training.
3.4 Access Control. Superion will reasonably ensure that THE CITY OF TUKWILA Confidential Information will
be accessible only by Authorized Personnel after appropriate user authentication and access controls
(including but not limited to two -factor authentication) that satisfy the requirements of this Exhibit. Each
Authorized Personnel shall have unique access credentials and shall receive training which includes a
prohibition on sharing access credentials with any other person. Superion should maintain access logs
relevant to THE CITY OF TUKWILA Confidential Information for a minimum of six (6) months or other
mutually agreed upon duration.
3.5 Data Backup. The parties shall agree in an SOW or other document upon the categories of THE CITY OF
TUKWILA Confidential Information that are required to be backed up by Superion. Unless otherwise
agreed to in writing by THE CITY OF TUKWILA, backups of CITY OF TUKWILA Confidential Information
shall reside solely in the United States. For the orderly and timely recovery of Confidential Information in
the event of a service interruption:
a) Superion will store a backup of Confidential Information at a secure offsite facility to meet needed data
recovery time objectives.
b) Superion will encrypt and isolate all CITY OF TUKWILA backup data on portable media from any
backup data of Superion's other customers.
3.6 Business Continuity Planning (BCP) and Disaster Recovery (DR). Superion will maintain an appropriate
business continuity and disaster recovery plan to enable Superion to adequately respond to, and recover
from business interruptions involving CITY OF TUKWILA Confidential Information or services provided by
Superion to CITY OF TUKWILA.
a) At a minimum, Superion will test the BCP & DR plan annually, in accordance with Industry Standards, to
ensure that the business interruption and disaster objectives set forth in this Exhibit have been met and
will promptly remedy any failures. Upon CITY OF TUKWILA's request, Superion will provide CITY OF
TUKWILA with a written summary of the annual test results.
b) In the event of a business interruption that activates the BCP & DR plan affecting the Services or
Confidential Information of CITY OF TUKWILA, Superion will notify CITY OF TUKWILA's designated
Security Contact as soon as possible.
c) Superion will allow CITY OF TUKWILA or its authorized third party, upon a minimum of thirty (30) days'
notice to Superion's designated Security Contact, to perform an assessment of Superion's BCP and DR
plans once annually, or more frequently if agreed to in an SOW or other document. Following notice
provided by CITY OF TUKWILA, the parties will meet to determine the scope and timing of the
assessment.
3.7 Network Security. Superion agrees to implement and maintain network security controls that conform to
Industry Standards including but not limited to the following:
a) Firewalls. Superion will utilize firewalls to manage and restrict inbound, outbound and internal network
traffic to only the necessary hosts and network resources.
PERION_..
T SUPER ION _
4
b) Network Architecture. Superion will appropriately segment its network to only allow authorized hosts
and users to traverse areas of the network and access resources that are required for their job
responsibilities.
c) Demilitarized Zone (DMZ). Superion will ensure that publicly accessible servers are placed on a
separate, isolated network segment typically referred to as the DMZ.
d) Wireless Security. Superion will ensure that its wireless network(s) only utilize strong encryption, such
as WPA2.
e) Intrusion Detection/Intrusion Prevention (IDS/IPS) System — Superion will have an IDS and/or IPS in
place to detect inappropriate, incorrect, or anomalous activity and determine whether Superion's
computer network and/or server(s) have experienced an unauthorized intrusion.
3.8 Application and Software Security. Superion, should it provide software applications or Software as a
Service (SaaS) to CITY OF TUKWILA, agrees that its product(s) will remain secure from Software
Vulnerabilities and, at a minimum, incorporate the following:
a) Malicious Code Protection. Superion's software development processes and environment must protect
against malicious code being introduced into its product(s) future releases and/or updates.
b) Application Level Security. Superion must use a reputable 3rd party to conduct static/manual application
vulnerability scans on the application(s) software provided to CITY OF TUKWILA for each major code
release or at the time of contract renewal. An internally produced static/manual test from the Superion
will not be accepted. Results of the application testing will be provided to CITY OF TUKWILA in a
summary report and vulnerabilities categorized as Very High, High or that have been identified as part
of the OWASP top 10 and SANS top 25 within ten (10) weeks of identification.
c) Vulnerability Management. Superion agrees at all times to provide, maintain and support its software
and subsequent updates, upgrades, and bug fixes such that the software is, and remains secure from
Common Software Vulnerabilities.
d) Logging. Superion software that controls access to Confidential Information must log and track all
access to the information.
e) Updates and Patches. Superion agrees to promptly provide updates and patches to remediate Security
Vulnerabilities that are exploitable. Upon CITY OF TUKWILA's request, Superion shall provide
information on remediation efforts of known Security Vulnerabilities.
3.9 Data Security. Superion agrees to preserve the confidentiality, integrity and accessibility of CITY OF
TUKWILA Confidential Information with administrative, technical and physical measures that conform to
Industry Standards that Superion then applies to its own systems and processing environment. Unless
otherwise agreed to in writing by CITY OF TUKWILA, Superion agrees that any and all CITY OF TUKWILA
Confidential Information will be stored, processed, and maintained solely on designated systems located in
the continental United States. Additionally:
a) Encryption. Superion agrees that all CITY OF TUKWILA Confidential Information and Personal
Information will be encrypted with a Federal Information Processing Standard (FIPS) compliant
encryption product, also referred to as 140-2 compliant. Symmetric keys will be encrypted with a
minimum of 128-bit key and asymmetric encryption requires a minimum of 1024 bit key length.
Encryption will be utilized in the following instances:
• CITY OF TUKWILA Confidential Information and Personal Information will be stored on any
portable computing device or any portable storage medium.
• CITY OF TUKWILA Confidential Information and Personal Information will be transmitted or
exchanged over a public network.
b) Data Segregation. Superion will segregate CITY OF TUKWILA Confidential Information and Personal
Information from Superion's data and from the data of Superion's other customers or third parties.
3.10 Data Re -Use. Superion agrees that any and all data exchanged shall be used expressly and solely for the
purposes enumerated in the Agreement. Data shall not be distributed, repurposed or shared across other
applications, environments, or business units of Superion. Superion further agrees that no Confidential
Information of any kind shall be transmitted, exchanged or otherwise passed to other parties except on a
case -by -case basis as specifically agreed to in writing by CITY OF TUKWILA.
SUPERION
SUPERION
3.11 Data Destruction and Data Retention. Upon expiration or termination of this Agreement or upon CITY OF
TUKWILA's written request, Superion and its Authorized Personnel will promptly return to CITY OF
TUKWILA all CITY OF TUKWILA Confidential Information and/or securely destroy CITY OF TUKWILA
Confidential Information; provided, the CITY OF TUKWILA must agree to any such destruction. At a
minimum, destruction of data activity is to be performed according to the standards enumerated by the
National Institute of Standards, Guidelines for Media Sanitization - see http://csrc.nist.gov/. If destroyed, an
officer of Superion must certify to CITY OF TUKWILA in writing within thirty (30) business days all
destruction of CITY OF TUKWILA Confidential Information. If Superion is required to retain any CITY OF
TUKWILA Confidential Information or metadata to comply with a legal requirement, Superion shall provide
notice to both the general notice contact in the Agreement as well as CITY OF TUKWILA's designated
Security Contact. Parties agree AWS meets the destruction/overwrite policies contained within the NIS.
3.12 Audit. Upon a minimum of thirty (30) days' written notice to Superion, Superion agrees to provide a copy of
Superion's annual audit.
3.13 Security Testing. Superion will provide CITY OF TUKWILA reports of Superion's Penentration testing and
Static/Dynamic code analysis. Should any vulnerabilities be discovered, Superion agrees to notify CITY OF
TUKWILA and create a reasonable and mutually agreed upon remediation plan to resolve the
vulnerabilities identified. Superion will not permit access to Superion's code.
4. Security Incident / Data Breach
4.1 Security Contact. The individuals identified below shall serve as each party's designated Security Contact
for security issues under this Agreement.
CITY OF TUKWILA Security Contacts:
Network & Security Architect:
Bao Trinh
Bao.Trinh@TukwilaWA.gov
Mobile: 206552-1280
Director & CIO:
Joseph Todd
Joseph.Todd6a TukwilaWA.gov
Mobile: 206-850-9656
Superion Security Contact:
Name:
Address:
Phone:
4.2 Requirements. Superion will take commercially reasonable actions to ensure that CITY OF TUKWILA is
protected against any and all reasonably anticipated Security Incidents, including but not limited to:
(i) Superion's systems are continually monitored to detect evidence of a Security Incident
(ii) Superion has a Security Incident response process to manage and to take corrective
action for any suspected or realized Security Incident
(iii) Upon reasonable request Superion will provide CITY OF TUKWILA with a copy of its
Security Incident policies and procedures once a year. If a Security Incident affecting
CITY OF TUKWILA occurs, Superion, at its expense and in accordance with applicable
PERION _.
'4 SUPER ION
Information Protection Laws, will immediately take action to prevent the continuation of
the Security Incident.
4.3 Notification. Within twenty four (24) hours of Superion's confirmation of an Incident which results in a data
breach affecting the clients data awareness of a Security Incident or other mutually agreed upon time
period, Superion will notify CITY OF TUKWILA of the incident by calling by phone the CITY OF TUKWILA
Security Contact(s) listed above.
Investigation and Remediation. Upon Superion's notification to CITY OF TUKWILA of a Security Incident,
the parties will coordinate to investigate the Security Incident. Superion shall be responsible for leading the
investigation of the Security Incident, but shall involve CITY OF TUKWILA to the extent CITY OF
TUKWILA's involvement is required in the investigation.
Superion will cooperate, at its expense, with CITY OF TUKWILA in any litigation or investigation deemed
reasonably necessary by CITY OF TUKWILA to protect its rights relating to the use, disclosure, protection
and maintenance of Confidential Information. Superion will reimburse CITY OF TUKWILA for actual costs
incurred by CITY OF TUKWILA in responding to, and mitigating damages caused by any Security Incident,
including all costs of notice and remediation which CITY OF TUKWILA, in its sole discretion, deems
necessary to protect such affected individuals in light of the risks posed by the Security Incident. Superion
will, at Superion's own expense, provide CITY OF TUKWILA with all information necessary for CITY OF
TUKWILA to comply with data breach recordkeeping, reporting and notification requirements pursuant to
Information Protection Laws. Superion will use reasonable efforts to prevent a recurrence of any such
Security Incident. Additionally, Superion will provide (or reimburse CITY OF TUKWILA) for at least one (1)
year of complimentary access for one (1) credit monitoring service, credit protection service, credit fraud
alert and/or similar services, which CITY OF TUKWILA deems necessary to protect affected individuals in
light of risks posed by a Security Incident.
4.4 Reporting. Superion will provide CITY OF TUKWILA with a final written incident report within five (5)
business days after resolution of a Security Incident or upon determination that the Security Incident cannot
be sufficiently resolved.
5. Confidential Information or Personal Information
5A Authorized Personnel. Superion will require all Authorized Personnel to meet Superion's obligations under
the Agreement with respect to Confidential Information or Personal Information. Superion will screen and
evaluate all Authorized Personnel and will provide appropriate privacy and security training, as set forth
above, in order to meet Superion's obligations under the Agreement. Upon CITY OF TUKWILA's written
request, Superion will provide CITY OF TUKWILA with a list of Authorized Personnel. Superion will remain
fully responsible for any act, error, or omission of its Authorized Personnel.
5.2 Handling of Confidential Information or Personal Information. Superion will:
(i) Keep and maintain all Confidential Information and Personal Information in strict
confidence in accordance with the terms of the Agreement
(ii) Use and disclose Confidential Information and/or Personal Information solely and
exclusively for the purpose for which the Confidential Information or Personal Information is
provided pursuant to the terms and conditions of the Agreement. Superion will not disclose
Confidential Information or Personal Information to any person other than to Authorized
Personnel without CITY OF TUKWILA's prior written consent, unless and to the extent
required by applicable law, in which case, Superion will use best efforts to notify CITY OF
TUKWILA before any such disclosure or as soon thereafter as reasonably possible. In
addition, Superion will not produce any Confidential Information or Personal Information in
response to a non -legally binding request for disclosure of such Personal Information.
5.3 Data and Privacy Protection Laws. Superion represents and warrants that its collection, access, use,
storage, disposal, and disclosure of Personal Information complies with all applicable United States federal,
state, and local data and privacy protection laws, as well as all other applicable United States regulations.
SUPERION .....
SUPER ION
6. Third Party Security
6.1 Superion will conduct thorough background checks and due diligence on any third and fourth parties which
materially impact Superion's ability to provide the products and/or Services to CITY OF TUKWILA as
described in the Agreement.
6.2 Superion will not outsource any work related to its products or the Services provided to CITY OF TUKWILA
in countries outside the United States of America, which have not been disclosed in the Agreement or
without prior written approval from CITY OF TUKWILA Legal and Information Security. If Superion desires
to outsource certain work during the Term of the Agreement, Superion shall first notify CITY OF TUKWILA
so that the parties can ensure adequate security protections are in place with respect to the Services
provided to CITY OF TUKWILA.
7. Payment Cardholder Data
7.1 If Superion accesses, collects, processes, uses, stores, transmits, discloses, or disposes of CITY OF
TUKWILA and/or CITY OF TUKWILA customer credit, debit, or other payment cardholder information,
Superion agrees to the following additional requirements:
a) Superion, at its sole expense, will comply with the Payment Card Industry Data Security Standard ("PCI
DSS"), as may be amended or changed from time to time, including without limitation, any and all
payment card industry validation actions (e.g., third party assessments, self -assessments, security
vulnerability scans, or any other actions identified by payment card companies for the purpose of
validating Superion's compliance with the PCI DSS).
b) Superion will maintain a continuous PCI DSS compliance program. Annually, Superion agrees to
provide evidence of PCI DSS compliance in the form of a Qualified Security Assessor ("QSA")
Assessment Certificate, a PCI Report on Compliance ("ROC"), or evidence that Superion is included on
the Visa or MasterCard list of PCI DSS Validated Service Providers.
c) Superion will ensure that subcontractors approved by CITY OF TUKWILA, in accordance with Section
6.2, comply with and maintain a continuous PCI DSS compliance program if the subcontractor provides
any service on behalf of Superion that falls within PCI DSS scope. The Subcontractor must provide
evidence of PCI DSS compliance in the form of a Qualified Security Assessor ("QSA") Assessment
Certificate, a PCI Report on Compliance ("ROC"), or evidence that Subcontractor is included on the Visa
or MasterCard list of PCI DSS Validated Service Providers.
d) Superion will immediately notify CITY OF TUKWILA if Superion is found to be non -compliant with a PCI
DSS requirement or if there is any breach of cardholder data impacting CITY OF TUKWILA or its
customers.
8. Changes
In the event of any change in CITY OF TUKWILA's data protection or privacy obligations due to applicable
legislative or regulatory actions, Superion will work in good faith with CITY OF TUKWILA to promptly amend
this Exhibit accordingly.
SUPERION _`:
COUNCIL AGENDA SYNOPSIS
nitials
Meetirz,g Date
Prepared by
Mayor's rec�iew
Council review
11/25/19
AT
12/02/19
AT
ITEM INFORMATION
ITEM NO.
5.D.
SrArF SPONSoIZ: ALISON TURNER
Olt IGINALAGENI)A DATE 11/25/19
AGI'NDA ITE,%iTi, rLi: Resolution Adopting a Title VI Program
C.YI'E<; ORY ®Discue.rion
Mtg Date 11/25/19
[]Motion
Mtg Date
® Resolution
Mtg Date 1212119
❑ Ordinance
Pltg Date
❑ Bid Axard
Altg Date
❑ Public .Hearing
Mtg Date
❑Other
Aftg Date
SPONSOR ❑Council ❑Mayor ❑HR ®DCD ❑Finance ❑Fire ❑TS ❑Pc-R ❑Police ❑PIV ❑Court
SPONSOR'S Title VI of the Civil Rights Act of 1964 is a federal statute that organizations receiving
SU"\imAji y federal financial assistance must comply with. This Title VI Program includes a notice that
the City of Tukwila complies with the requirements of Title VI and includes a complaint
process. Council is being asked to approve the Resolution to adopt a Title VI Program for
the Transportation Demand Management Program to be eligible for passthrough funding
from King County Metro as a federal sub -grantee.
REviF;1wT-D BY ❑ C.O.W. Mtg. ❑ CDN Comm ❑ Finance Comm. ❑ Public Safety Comm.
® Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 11/19/19 COMMITTEE CHAIR: IDAN
RECOMMENDATIONS:
SPONSoit/Ai)mIN. Department of Community Development
COAIMI_i"I'I=E Unanimous Approval, Forward to COW
COST IMPACT / FUND SOURCE
EXYP,NDITUIZE REQU]Rl?D AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $0 $0
Fund Source:
Comments: No impact to the genera/ fund
MTG. DATE
RECORD OF COUNCIL ACTION
11/25/19
Forward to next Regular Meeting
12/02/19
MTG. DATE
ATTACHMENTS
11/25/19
Informational Memorandum dated 11/15/19
Resolution
2019 City of Tukwila Title VI Program
Minutes from the 11/19 Transportation & Infrastructure Committee meeting
12/2/19
Final Resolution
185
City of Tukwila
Washington
Resolution No.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AUTHORIZING ADOPTION OF
A TITLE VI PROGRAM AND THE REPORTING
REQUIREMENTS AS REQUIRED BY THE FEDERAL
TRANSIT ADMINISTRATION.
WHEREAS, Title VI of the Civil Rights Act of 1964 is a federal statute that provides
that no person shall, on the grounds of race, color, or national origin, be excluded from
participation in, denied the benefits of, or be subjected to discrimination under any
program or activity receiving federal financial assistance; and
WHEREAS, all programs receiving financial assistance from the Federal Transit
Administration (FTA) are subject to Title VI and the U.S. Department of Transportation's
implementing regulation at 49 CFR part 21; and
WHEREAS, the City of Tukwila is a recipient of financial assistance from the FTA
through its financial agreements with King County; and
WHEREAS, the FTA requires that all recipients of financial assistance from the FTA
document their compliance by adopting a Title VI program; and
. WHEREAS, King County has requested that the City of Tukwila, as a sub -grantee,
comply with this requirement;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. The City of Tukwila Title VI Program, attached hereto as Appendix A, is
adopted.
Section 2. This resolution shall be effective immediately upon passage.
W:\Legislative Development\Title A Program adopted 11-8-19
AT:bjs Review and analysis by Barbara Saxton Page 1 of 2
187
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2019.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
Kathy Hougardy, Council President
Filed with the City Clerk. -
Passed by the City Council:
Resolution Number:
Attachment: Exhibit A-2019 City of Tukwila Title VI Program
WALegislative Development\Title VI Program adopted 11-8-19
188 AT:bjs Review and analysis by Barbara Saxton Page 2 of 2
Exhibit A
2019 City of Tukwila Title VI Program
Introduction
The City of Tukwila ("City") is a Federal Transit Administration sub -grantee to King County. King
County Metro contracts with the City to fund commuter incentives, employer programs, and other
transportation demand management efforts. The City does not directly provide any transit service.
To meet certain Title VI program requirements, the City has its own procedures such as a complaint
process and public participation. The City will rely upon the analysis and overall program efforts
conducted by King County Metro to meet requirements, e.g. Limited English Proficiency.
Since the City does not operate any transit service, this plan only addresses the General Reporting
Requirements.
General Reporting Requirements
A. Title VI Notice to the Public
The City of Tukwila notifies the public that it complies with the requirements of Title VI and related
statutes and regulations. Notices are posted in City Hall and on the program website. The wording
of the notice follows:
The City of Tukwila hereby gives public notice that it is the policy of the City to assure
full compliance with Title VI of the Civil Rights Act of 1964, as amended, the Civil Rights
Restoration Act of 1987, Executive Order (E.O.) 12898, and related statutes and
regulations in all programs and activities. Title VI requires that no person in the United
States of America shall, on the ground of race, color, national origin, or sex be excluded
from the participation in, be denied the benefits of, or be otherwise subjected to
discrimination under any program or activity for which the City receives federal financial
assistance.
Any person who believes they have been aggrieved by an unlawful discriminatory practice
under Title VI has a right to file a formal complaint with the City of Tukwila. Any such
complaint must be in writing and filed with the office of the City Clerk within 180 days
following the date of the alleged discriminatory occurrence.
B. Title VI Complaint Procedures and Form
A Title VI complaint form and instructions for filling out a Title VI complaint can be obtained from
the City Clerk's Office. A copy of the complaint form is in Appendix A along with the instructions for
completing the form.
We
C. Title VI Investigations, Complaints, and Lawsuits
The City of Tukwila has had no Title VI complaints related to transit during the past three years.
D. Public Participation Plan
The City of Tukwila fully encourages public involvement and participation in decision -making
processes. As part of the King County Department of Transportation work plan for public transit
projects, the City adopts the public participation plan of King County Metro Title VI Program Report
and will coordinate with King County Metro in public participation efforts related to transit projects
being managed by the City of Tukwila.
E. Language Assistance Plan
The City relies upon the limited English proficiency analysis conducted by King County. Additional
limited English proficiency compliance research conducted by the City of Tukwila indicates that the
most prevalent non-English languages spoken in Tukwila are Spanish, Vietnamese and Somali.
The City contracts with Language Line Solutions to provide interpretations free of charge for
customers/residents in need of services. Language Line translates more than 240 languages 24 hours
a day, 7 days a week.
F. Monitoring Sub -recipients
The City has no sub -recipients. It will cooperate with King County Metro in providing information and
attending meetings as required by King County Metro in its monitoring procedures of our efforts.
G. Review of Facilities Constructed
The City did not build any storage facilities, maintenance facilities or operations centers and did not
modify any facilities that require a Title VI analysis.
H. Documentation of Governing Body Review and Approval of the Title VI Program.
On December 2, 2019, the City Council adopted this Title VI program. The documentation of approval
is found in Appendix B.
190
Appendix A
TITLE COMPLAINT PROCESS AND FORM
COMPLAINT OF TITLE VI DISCRIMINATION AGAINST THE CITY OF TUKWILA, WASHINGTON
Who can file a Title VI complaint?
• A person who believes he or she has experienced discrimination based on race, color, national
origin or sex as provided by Title VI of the Civil Rights Act of 1964 and the Civil Rights Restoration
Act of 1987.
• Someone may file on behalf of classes of individuals.
How do I file a complaint?
• Fill out this form completely to help us process your complaint. Submit the completed form to
the City Clerk's Office within 180 calendar days of the alleged discriminatory act.
What happens when I file a complaint?
• The City will send you a written receipt of your complaint and will forward a copy of your
completed complaint form to the City department named as Respondent. The City will designate
a person to facilitate and coordinate responses to your Title VI complaint, and this person will
contact you.
The duties of this individual include but are not limited to:
• technical assistance to the department on requirements and regulations
• coordination of meetings between the parties, if needed
• monitoring completion of any future activities included in a complaint response
• other services as requested or deemed appropriate
Following an investigation of the complaint, the City will send you a letter of resolution.
What if I don't agree with the department's letter of resolution?
A complainant who does not agree with the letter of resolution may submit a written request for
a different resolution to the City within 30 days of the date the complainant receives the City's
response.
Do I need an attorney to file or handle complaint?
No. However, you may wish to seek legal advice regarding your rights under the law.
Return this form to:
City of Tukwila
City Clerk's Office
P.O. Box 97010
Tukwila WA 98073-9710
Telephone: 425-556-2190
Email: CityClerk@Tukwila.gov
191
COMPLAINT OF TITLE VI DISCRIMINATION AGAINST THE CITY OF TUKWILA, WASHINGTON
Complainant Contact Information
Name
Street address/City/State/Zip code
Work phone #/Home phone #/Mobile phone #
Email address
Additional mailing address
If you are an inmate at a county correctional facility, include your BA number here
Aggrieved party contact information (if different from complainant):
Name
Street address/City/State/Zip code
Work phone #/Home phone #/Mobile phone #
Email address
4
192
Name of respondent — City of Tukwila, Washington
Department or agency (if known)
Address/location (if known)
Date of Incident
Statement of Complaint — Include all facts upon which the complaint is based. Attach additional
sheets if needed.
I believe the above actions were taken because of my:
Race National Origin Religion
Color Sex Other
Name, position, and department of City employees you have contacted regarding the incident(s).
193
Witnesses or other involved — provide name, address, telephone number(s) and e-mail (if
available). Attach additional sheets if needed.
If you have filed a grievance, complaint or lawsuit regarding this matter anywhere else, give
name and address of each place where you have filed. Attach additional sheets if needed.
In the complainant's view, what would be the best way to resolve the grievance?
I affirm that the foregoing information is true to the best of my knowledge and belief. I
understand that all the information becomes a matter of public record after the filing of this
complaint.
Complainant Date
Aggrieved Party Date
194
Appendix B
City Approval of Title VI Program
195
196
COUNCIL AGENDA SYNOPSIS
---------------Initials
Meetin Date
Pre tired by
Mayo '.r review
Council ret�iem
11/25/19
LM
12/02/19
LM
C
ITEM INFORMATION
ITEM NO,
5.E.
S'I'.AFFSPONSOR: LYNN MIRANDA
ORIGINALAGEN1)ADA1'E: 11/25/19
AGENDA I'm.,Ni Trn,i." An ordinance renewing the moratorium on certain uses in the Tukwila International
Boulevard (TIB) study area.
CA'1'P,GORY ® Distus ion
Mtg Date 11125119
❑ Motion
MIS Date
❑ Resolution
YLtg Date
® Ordinance
Al/g Date 12/02/19
❑ Bid2hvard
tiltg Date
® Public Hearing
A1tg Date 11125119
❑ Otlier
A1tg Date
SPONSOR ❑Council ❑Mayor ❑HR ®DCD ❑Finance ❑Fire ❑TS ❑11'6R ❑Police ❑P1Y/ ❑Court
SPONSOR'S A moratorium is in place to prevent the development of auto -oriented uses and hotels and
SUI\IM,VZY motels in the TIB neighborhood while planning efforts are underway. This moratorium
expires January 9, 2020. The planning effort is not yet completed and a renewal of the
moratorium is needed. A public hearing is proposed for 11/25/19 to take public testimony,
with a recommendation of adoption on 12/02/19.
REVIEv�t?D BY ❑ C.O.W. Mtg. ® CDN Comm ❑ Finance Comm. ❑ Public SaferyT Comm.
❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 11/13/19 COMMITTEE CHAIR: QUINN
RECOMMENDATIONS:
SPONSOR/ADMIN. Department of Community Development
Co mM" -rEE Unanimous Approval; Forward to C.O.W.
COST IMPACT / FUND SOURCE
EK111iND1'1'U1ZV RI41)UIRFD AMOUNT BUDGETED APPROPRIATION REQUIRED
$ $0 $
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
7/17/17
Passed Ordinance 2543 enacting the 6 month moratorium
9/5/17
Held a public hearing
1/16/18
Held a hearing 1/8/18; Passed Ordinance 2565 renewing the 6 month moratorium
7/2/18
Held a hearing on 6/25/18; Passed Ordinance 2579 renewing the 6 month moratorium
11/25/19
Forward to next Regular Meeting
MTG. DATE
ATTACHMENTS
11/25/19
Informational Memorandum dated November 5, 2019
Draft Ordinance renewing Moratorium, with Exhibits
Minutes from the 11/13 CDN Committee meeting
12/2/19
Final Ordinance
197
(city of Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUKWILA, WASHINGTON, RENEWING A SIX-MONTH
MORATORIUM WITHIN THE TUKWILA INTERNATIONAL
BOULEVARD STUDY AREA IN THE CITY OF TUKWILA
ON THE DEVELOPMENT OF CERTAIN USES SUCH AS
HOTELS, MOTELS, EXTENDED -STAY FACILITIES, OR
AUTO -ORIENTED USES; SETTING A DATE FOR A
PUBLIC HEARING ON THE MORATORIUM RENEWAL;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING
AN EFFECTIVE DATE.
WHEREAS, the City of Tukwila has adopted a Comprehensive Plan in compliance
with the Growth Management Act; and
WHEREAS, the City of Tukwila is currently updating its Zoning Code to comply
with its adopted Comprehensive Plan; and
WHEREAS, the Tukwila International Boulevard ("TIB") Study Area, shown on
Exhibit A, is a neighborhood that orients towards TIB, and comprises goods and
services as well as higher density housing; and the Study Area is generally bounded
by 42nd Avenue South on the east; South 160th Street on the south; International
Boulevard, Military Road, and a stepped edge that follows the boundary of the multi-
family zoning districts up to the Mixed Use Office District at approximately South 133rd
Street on the north; and
WHEREAS, within the existing Neighborhood Commercial Center (NCC) and
Regional Commercial (RC) zoning districts there are certain uses that in the future may
not be allowed or may be allowed with conditions; and
WHEREAS, the owners and operators of three crime -infested motels pleaded
guilty to conspiracy to maintain drug involved premises, and when the three motels
and an adjacent motel within the TIB Study Area were closed, the violent crime rate in
the Study Area was cut nearly in half; and
WHEREAS, the City of Tukwila finds that hotels, motels, and extended -stay hotels
and motels (hereafter, collectively referred to as "extended -stay facilities") in the TIB
Study Area generate higher than typical rates of crime; and
W: Legislative Development\Moratorium renewed in TO study area 10-25-19
LM:bjs Review and analysis by Barbara Saxton Page 1 of 5
199
WHEREAS, the City of Tukwila spent millions of dollars acquiring the three
government surplus motel properties and purchasing an adjacent fourth motel site and
razed the operations to better serve the public health and safety in the TIB Study Area;
and
WHEREAS, the Comprehensive Plan goals and policies for the TIB Study Area are
to create a pedestrian oriented, walkable destination, and auto -oriented services, uses
and developments are not in keeping with those goals and policies; and
WHEREAS, the City of Tukwila is in the process of updating its land use regulations
to comply with the goals and policies of its adopted Comprehensive Plan for the TIB
Study Area and has budgeted for a Work Program, shown on Exhibit B, to address the
changes that will bring consistency between the City's Comprehensive Plan and Zoning
Code; and
WHEREAS, the City of Tukwila conducted a three-day workshop in February 2017
on the future improvements and land use regulations for the TIB Study Area and
preliminarily determined hotels; motels; extended -stay facilities; and auto -oriented
commercial uses, including, but not limited to, gas stations, car washes, vehicular repair
or services, vehicular sales or rentals, vehicular storage, commercial parking, and drive-
throughs, should be regulated differently than currently regulated; and
WHEREAS, the City desires to ensure the public has many opportunities to provide
input on this matter; and
WHEREAS, on July 17, 2017, the Tukwila City Council adopted Ordinance No.
2543, which declared an emergency necessitating the immediate imposition of a 6-
month moratorium prohibiting within the NCC and RC zoning districts of the TIB Study
Area in the City of Tukwila the development, expansion, intensification or establishment
of any new hotel, motel, extended -stay facility, and auto -oriented commercial uses
including, but not limited to, gas stations, car washes, vehicular repair or services,
vehicular sales or rentals, vehicular storage, commercial parking, and drive-throughs,
and
WHEREAS, on September 5, 2017, the Tukwila City Council conducted a public
hearing and heard testimony regarding the City's moratorium; and
WHEREAS, the moratorium on the development of certain types of new or
expanded land uses was set to expire on January 16, 2018, and the neighborhood
planning process was not yet completed; and
WHEREAS, on January 8, 2018, the Tukwila City Council held a public hearing on
an ordinance renewing the six-month moratorium on certain types of new or expanded
land uses and on January 16, 2018 adopted Ordinance No. 2565; and
WHEREAS, the moratorium on the development of certain types of new or
expanded land uses was set to expire on July 15, 2018, and the neighborhood planning
process was not yet completed; and
W: Legislative Development\Moratorium renewed in TIB study area 10-25-19
200 LM:bjs Review and analysis by Barbara Saxton Page 2 of 5
WHEREAS, on June 25, 2018, the Tukwila City Council held a public hearing on an
ordinance renewing the six-month moratorium on certain types of new or expanded land
uses and on July 2, 2018 adopted Ordinance No. 2579; and
WHEREAS, the moratorium on the development of certain types of new or
expanded land uses was set to expire on January 10, 2019, and the neighborhood
planning process was not yet completed; and
WHEREAS, clarification was added regarding business license renewals; and
WHEREAS, on November 26, 2018, the Tukwila City Council held a public hearing
on an ordinance renewing the six-month moratorium on certain types of new or
expanded land uses, and clarification regarding business license renewals was added,
and on December 3, 2018 the Council adopted Ordinance No. 2595; and
WHEREAS, the moratorium on the development of certain types of new or
expanded land uses was set to expire on July 9, 2019, and the neighborhood planning
process was not yet completed; and
WHEREAS, on May 28, 2019, the Tukwila City Council held a public hearing on an
ordinance renewing the six-month moratorium on certain types of new or expanded land
uses and on June 3, 2019 adopted Ordinance No. 2606; and
WHEREAS, the moratorium on the development of certain types of new or expanded
land uses is set to expire on January 9, 2020, and the neighborhood planning process is
not yet completed; and
WHEREAS, a public hearing on this proposed ordinance was held on November 25,
2019, and
WHEREAS, the City desires to preserve the status quo for the protection of the
health, safety and welfare of City residents, as it relates to development in Tukwila, until
these matters are more fully considered;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Findings. The recitals and findings set forth above are hereby adopted
as the City Council's findings in support of the moratorium renewal imposed by this
ordinance.
Section 2. Moratorium Renewed. Pursuant to the provisions of Article 11,
Section 11 of the Washington State Constitution, RCW 35A.63.220, and RCW
36.70A.390, the City of Tukwila hereby renews a moratorium prohibiting within the NCC
and RC zoning districts of the Tukwila International Boulevard ("TIB") Study Area in the
City of Tukwila the development, expansion, intensification or establishment of any new
hotel; motel; extended -stay facility; or auto -oriented commercial uses including, but not
limited to, gas stations, car washes, vehicular repair or services, vehicular sales or
rentals, vehicular storage, commercial parking, and drive-throughs. No land use
approval, building permit, construction permit, or other development permit or approval
shall be issued for any of the uses listed above while this moratorium is in effect.
W: Legislative DevelopmentWloratorium renewed in TIB study area 10-25-19
LM:bjs Review and analysis by Barbara Saxton Page 3 of 5 201
Nothing in this moratorium shall prevent an existing business from renewing their
business license. Any land use approval, development permits or other permits for any
of these operations that are issued as a result of error or by use of vague or deceptive
descriptions during the moratorium are null and void and without legal force or effect.
Section 3. Definitions. As used in this ordinance, the following terms have the
meanings set forth below:
A. "Hotel" means a building or buildings or portion thereof, the units of which are
used, rented, or hired out as sleeping accommodations only for the purposes of
transitory housing. Hotel rooms shall have their own private toilet facilities and may or
may not have their own kitchen facilities. Hotels shall not include dwelling units for
permanent occupancy. A central kitchen, dining room and accessory shops and
services catering to the general public can be provided. No room may be used by the
same person or persons for a period exceeding 30 calendar days per year. Not included
are institutions housing persons under legal restraint or requiring medical attention or
care.
B. "Motel" means a building or buildings or portion thereof, the units of which are
used, rented, or hired out as sleeping accommodations only for the purposes of
transitory housing. A motel includes tourist cabins, tourist court, motor lodge, auto
court, cabin court, motor inn and similar names but does not include accommodations
for travel trailers or recreation vehicles. Motel rooms shall have their own private toilet
facilities and may or may not have their own kitchen facilities. Motels are distinguished
from hotels primarily by reason of providing adjoining parking and direct independent
access to each rental unit. Motels shall not include dwelling units for permanent
occupancy. No room may be used by the same person or persons for a period
exceeding 30 calendar days per year. Not included are institutions housing persons
under legal restraint or requiring medical attention or care.
C. "Extended -stay hotel or motel" means a building or buildings or portion thereof,
the units of which contain independent provisions for living, eating and sanitation
including, but not limited to, a kitchen sink and permanent cooking facilities, a bathroom
and a sleeping area in each unit, and are specifically constructed, kept, used,
maintained, advertised and held out to the public to be a place where temporary
residence is offered for pay to persons for a minimum stay of more than 30 days and a
maximum stay of six months per year. Extended -stay hotels or motels shall not include
dwelling units for permanent occupancy. The specified units for extended -stay must
conform to the required features, building code, and fire code provisions for dwelling
units as set forth in the Tukwila Municipal Code. Nothing in this definition prevents an
extended -stay unit from being used as a hotel or motel unit. Extended -stay hotels or
motels shall be required to meet the hotel/motel parking requirements. Not included
are institutions housing persons under legal restraint or requiring medical attention or
care.
D. "Auto -oriented commercial uses" means the use of a site for primarily the
servicing, repair, rental, sales or storage of vehicles, or the servicing of people while in
their vehicles such as restaurant drive-throughs. Typical uses include, but are not limited
to, gas stations; battery, tire, engine body repair shops; vehicular sales or rentals lots;
and commercial parking.
W: Legislative DevelopmentWtoratorium renewed in TO study area 10-25-19
202 LM:bjs Review and analysis by Barbara Saxton Page 4 of 5
Section 4. Effective Period for Moratorium Renewal. The moratorium renewed
herein shall be in effect for a period of 6 months from the effective date specified within
this ordinance and shall automatically expire at the conclusion of that 6-month period
unless the same is extended as provided in RCW 35A.63.220 and RCW 36.70A.390,
or unless terminated sooner by the City Council.
Section 5. Public Hearing. Pursuant to RCW 35A.63.220 and RCW 36.70A.390,
and following adequate public notice, a public hearing was held on November 25, 2019,
to take public testimony regarding the City's moratorium.
Section 6. Work Program. The Director of Community Development is hereby
authorized and directed to address issues related to appropriate zoning regulations
within the TIB Study Area of hotels, motels, extended -stay facilities, and auto -oriented
commercial uses in the Tukwila Municipal Code.
Section 7. 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 8. 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 9. 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
January 9, 2020.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of 2019.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
Allan Ekberg, Mayor
Filed with the City Clerk:_
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Exhibit A — Map of Tukwila International Boulevard (TIB) Study Area
Exhibit B —Tukwila International Boulevard (TIB) Neighborhood Plan 2017-2020 Work Program
W: Legislative Development\Moratorium renewed in TIB study area 10-25-19
LM:bjs Review and analysis by Barbara Saxton Page 5 of 5
203
Square HDR-
:.Acres- ,
LDR
,.
NCC 1,401,361 32
�. RC 3,020,421 69
12,097,394
F1�R
I3 1
•E
Ma - _
Its
_r
,4
i� 1
Al
i
Or
J L '
a l J _ TIB 0 0.075 0.1 '3 Zonin•� Area��. — .Mies
g
If ry Ter rediis: Sou% Esri, talGlo6e, GeoCrye, Eari r Ge rc�p ics, CNES/A toys
USDA, USGS, AeroGRl D, lG , and�►he�GISi User C -unity
Exhibit B
Tukwila International Boulevard (TIB) Neighborhood Plan
2017 - 2020 Work Program
Work completed — 2017
• CNU Legacy Workshop in Tukwila — February.
CNU Final Report Presentation to City Council Meeting — May.
Refined household and employment Yr. 2031 forecasts for TIB neighborhood for traffic analysis
on the street modification.
Selected a consultant for the SEPA analysis of the proposed TIB Plan.
• Contracted for additional transportation professional services on design standards for TIB
neighborhood street standards.
Reviewed draft Land Use Chart and Zoning Map amendments with Planning Commission —
August 24, 2017.
• Briefed TIBAC on above draft amendments — October 10, 2017.
Briefed Transportation and Infrastructure Committee (11/14/17) on traffic analysis and
associated capital improvement costs and obtained direction for additional analysis.
Reviewed consultant's draft street circulation improvements.
• Contracted for an update to the Tukwila International Boulevard Design Manual.
Work completed — 2018
• Contracted for additional engineering services analyzing TIB on -street parking impacts and cost.
• Began creation and modification of alternative Zoning District boundaries and zoning standards
based upon Planning Commission land use discussion, street designations and designs.
• Drafted new street cross -sections for TIB streets and a new circulation network based on CNU
engineering consultant recommendations and anticipated land uses.
• Council extended moratorium on certain uses in the TIB study area.
Updated Council on current direction and schedule for implementing TIB zoning changes and
possible TIB on -street parking options. Recommended further analysis of TIB on -street parking
options.
Consultants delivered draft TIB zoning code revisions to staff.
• Circulate draft zoning revisions for internal review.
Page 1 of 2 205
Tukwila International Boulevard (TIB) Neighborhood Plan
2017 — 2020 Work Program
Work program — 2019
• Contracted for additional TIB on -street parking analysis and mitigation options.
Consultants delivered a draft update of the TIB Design Manual to staff.
Council renewed moratorium on certain uses in the TIB study area in July.
Planning Commission and City Council Field Trip to view on -street parking options —July 10th.
Consultants delivered draft analysis of on -street parking options and mitigation, including costs,
to DCD and PW staff. Staff completed review and suggested edits.
• DCD and PW staff prepare memo for City Council summarizing TIB on -street parking options,
mitigation, cost, and an evaluation of how well each alternative achieves community goals for
TIB.
• Council considers additional 6-month extension of moratorium on certain uses in the TIB study
area.
Work program — 2020
• Bring additional TIB analysis memo back to Transportation and Infrastructure Committee and
Community Development and Neighborhoods Committee.
• Council decision on TIB on -street parking and bike lane.
• Draft Environmental Checklist (SEPA).
• Issue SEPA Determination.
Finalize draft TIB review Zoning Code and Design Manual changes for public review.
Outreach to property owners, residents and development community.
City Council/Planning Commission joint work sessions.
• Planning Commission and City Council public hearings and deliberation on TIB zoning changes
and map amendments.
Products
• Comprehensive Plan Map Amendment.
Zoning Code and Map Amendments.
TIB Design Manual.
Environmental Checklist and Determination
206 Page 2 of 2
COUNCIL AGENDA SYNOPSIS
izitial.;
Meeting Date
Pre tired by
Mayorreview
Council review
11/25/19
Vick
12/02/19
Vick
ITEM INFORMATION
ITEM NO.
5. F.
S'rAU S110NSOlt:VICKYCARLSEN
ORIGINALAGENDADA'rE: 11/25/19
AGENDA ITED4 Trl•l.i, Adopt 2019 - 2020 Mid -Biennium Budget Amendments
CATEGORY ❑ Discussion
Mtg Dote
® Motion
Mtg Date 1212119
® Resolution
A1tg Date 11125119
❑ Ordinance
Mtg Date
❑ 13id ,,lrvard
Attg Date
® Public Hearing
Mtg Date 11/25/19
❑ Other
R1tg Date
SPONtiOR ❑Council [:]Mayor ❑HR ❑DCD ®Finance ❑Fire ❑T.S ❑PAR ❑Police ❑PIT ❑Court
SPONSOR'S The Council is being asked to review and approve an ordinance amending the 2019-2020
SUMNIARY biennial budget.
RL:vII:W11D BY ❑ C.O.W. Mtg. ❑ CDN Comm ® Finance Comm. ❑ Public Safety Comm.
❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 11/12/19 COMMITTEE CHAIR: MCLEOD
RECOMMENDATIONS:
SIIONsoR/ADNZIN. Finance Department
COMMPI" 'E" Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EXPENDITURI': REQUIRI,D AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
11/25/19
Forward to Regular Meeting
12/2/19
MTG. DATE
ATTACHMENTS
11/25/19
Informational Memorandum dated November 6, 2019
Draft Ordinance
Proposed Budget Changes — Summary by Fund
Reconciliation of 2019 - 2020 Budget Summary to Ordinance
Minutes from the 11/12 Finance Committee meeting
12/2/19
Final Ordinance
207
0 0q,
ot 'tokwi*la
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NO.
2597, WHICH ADOPTED THE CITY OF TUKWILA'S BIENNIAL
BUDGET FOR THE 2019-2020 BIENNIUM, AND ORDINANCE
NO. 2602, WHICH AMENDED THAT BUDGET, TO ADOPT AN
AMENDED MID -BIENNIUM BUDGET; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, on December 3, 2018, the City Council of the City of Tukwila adopted
Ordinance No. 2597, which adopted the 2019-2020 biennial budget of the City of Tukwila; and
WHEREAS, on February 14, 2019, the City Council of the City of Tukwila adopted
Ordinance No. 2602 amending Ordinance No. 2597, to correct a math error in the amounts
shown for the General Fund; and
WHEREAS, a mid -biennium budget amendment was presented to the City Council in a
timely manner for their review, in accordance with RCW 35A.34.130; and
WHEREAS, on October 28, 2019, the City Council gave direction for a budget proviso
relating to the General Fund appropriation to the Fire Department, included here as
Attachment 2; and
WHEREAS, on November 25, 2019, following required public notification, the City
Council conducted a public hearing on the proposed mid -biennium budget amendment;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Ordinance Amended. Tukwila Ordinance No. 2597 is hereby amended with
the City Council's adoption of the document entitled "Reconciliation of 2019-2020 Budget
Summary to Ordinance," included here as Attachment 1 and incorporated by this reference
as if fully set forth herein, in accordance with RCW 35A.33.075.
Section 2. Estimated Revenues and Appropriations. The totals of the estimated
revenues and appropriations for each separate fund and the aggregate totals are as follows:
w: Legislative Development\Budget amendment-2019-2020 11-21-19
JF:bjs Review and analysis by Barbara Saxton Page 1 of 5
209
FUND
EXPENDITURES
REVENUES
000 General
$148,521,049
$148,521,049
105 Contingency
$7,005,729
$7,005,729
101 Lodging Tax
$3,198,625
$3,198,625
103 Residential Streets
$10,378,544
$10,378,544
104 Bridges and Arterial Streets
$17,689,425
$17,689,425
2XX LTGO Debt Service
$9,743,157
$9,743,157
301 Land Acquisition, Recreation & Park Dev.
$1,959,282
$1,959,282
303 General Government Improvements
$878,761
$878,761
304 Fire Impact Fees
$1,617,335
$1,617,335
305 Public Safety Plan
$85,931,018
$85,931.018
306 City Facilities
$24,579,590
$24,579,590
401 Water
$20,898,771
$20,898,771
402 Sewer
$30,036,080
$30,036,080
411 Foster Golf Course
$4,314,881
$4,314,881
412 Surface Water
$19,655,103
$19,655,103
501 Equipment Rental
$11,135,535
$11,135,535
502 Insurance Fund
$14,767,599
$14,767,599
Section 3. Copies on File. A complete copy of the amended budget for 2019-2020, as
adopted, together with a copy of this amending ordinance, shall be kept on file in the City
Clerk's Office, and a copy shall be transmitted by the City Clerk to the Division of Municipal
Corporations of the Office of the State Auditor and to the Association of Washington Cities.
Section 4. 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: Legislative Development\Budget amendment-2019-2020 11-21-19
21 6:bjs Review and analysis by Barbara Saxton Page 2 of 5
Section 5. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity
or unconstitutionality shall not affect the validity or constitutionality of the remaining portions
of this ordinance or its application to any other person or situation.
Section 6. Effective Date. This ordinance or a summary thereof shall be published in
the official newspaper of the City and shall take effect and be in full force and effect 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 12019.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
Allan Ekberg, Mayor
Filed with the City Clerk:_
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Attachment 1: Reconciliation of 2019-2020 Budget Summary to Ordinance
Attachment 2: Budget Proviso of the Tukwila City Council
W: Legislative DevelopmentlBudget amendment-2019-2020 11-21-19
JF:bjs Review and analysis by Barbara Saxton Page 3 of 5
211
City of Tukwila 2019-2020 Year -End Budget Amendment
Reconciliation of 2019.2020 Budget Summary to Ordinance
REVENUES
2019 Beginning
Fund Balance
2019
Revenues
2020
Revenues
Total
Revenues
Mid -Biennial Amendment
Total
Revenues
Beg. Fund Balance
Adj.
2019
2020
000 General
5 12,590.576
5 65,947,930
5 67,194.827
S 145.733,333
$ 1,470,276
5 832.440
S 485,000
5148,521,049
101 Lodging Tax
1,370,302
776.000
803,000
2,951,302
247,323
3,198,625
103 Residential Street
2,826,621
4,002,000
5,711,000
12.539,621
(2,711.077)
550,000
10,378,544
104 Medal Street
3,621.865
6,819,000
47,647,000
58,067,865
(748,440)
(2,650,000)
(37,000,000)
17,689,425
105 Contingency
6,447,329
148,568
300,000
6,695,897
109,832
7.005,729
109 Drug Seizure Fund
226.507
55.000
55,000
336,507
336.507
2XX LTGO Debt Service
387,669
4,979,262
4,590.311
9.957.242
1 57,983
(322,068)
50,000
9,743,157
206 LID Guaranty
685,037
300
300
685,637
685,637
213 UTGO Bonds
40,117
2,841,675
3,713,175
6,594,967
6.594.967
233 2013 LID
707,287
688,637
668.613
2,064,537
2,064,537
301 Land Acquisition, Recreation & Park Dev.
1,019.562
128,320
116,400
1,264,282
-
695,000
1,959,282
302 Urban Renewal
2,213,064
10,000
10,000
2,233,064
5,362,629
7.595.693
303 General Government Improvements
337,761
200,500
200,500
738.761
140,000
-
878,761
304 Fire Impact Fees
7,412
500,100
500,100
1,007,612
159,723
450,000
1,617,335
305 Public SafetyPlan
13.038,494
66,414,346
2,683,709
82,136,549
2,194,469
600,000
1,000,000
85.931,018
306 CityFacilities
1,914,000
7,500,000
9,414.000
11.165,590
4,000.000
24.579,590
401 Water
5,149,522
7,317,000
7,524,000
19,990,522
908249
20,898,771
402 Sewer
9,174,430
9,912,000
9,912,000
28.998,430
1,037,650
30,036.080
411 Foster Gol(Course
640,081
1,793,900
1,847.900
4,281.881
33.000
4,314,881
412 Surface Water
754,303
9,070.000
7,990,000
17,614,303
1,840,800
19,655,103
501 Equipment Rental
3,874,899
3,619,089
3,221,544
10.715,532
420,003
11,135.535
502 Insurance Fund
1,137,704
6,563,872
6,889,431
14,591.012
176,587
14,767,599
503 Insurance -LEOFF1 Fund
527,005
266,533
266,541
1.060,079
1,060.079
611 Firemen's Pension
1,449,856 1
74,000 1
74,000
1,597,856
-
11597,856
Totall
70,141,403 1E
199.630,032 1
E 171,919,356
$ 441,690,791
E 27,656,010
E 155,372 E (31,255,413)
E432,245,760
EXPENDITURES
2019
Expenditures
2020
Expenditures
2020 Ending
Fund Balance
Total
Expenditures
Mid -Biennial Amendment
Total
Expenditures
2019
2020
Net Effect on 2020
EndingFund
Balance
000 General
S 65,865,875
$ 65,621,945
$ 14,045,513
$ 145,733,333
5 1.146,817
5 1,899,329
5 (258,430)
$148,521,049
101 Lodging Tax
693,131
695,496
1,562,673
2,951,302
247,323
3,198,625
103 Residential Street
6,616,000
5,701,000
222,621
12,539,621
(2,000,000)
(161.077)
10,378,544
104 Menial Street
8,854,599
48,935,382
297,884
58,087,865
(3,000,000)
(37,500.000)
101.560
17,689.425
105 Contingency
6.895,897
6.895.897
109,832
7,005,729
109 Drug Seizure Fund
60,000
60,000
216,507
336,507
336,507
2M LTGO Debt Service
4,979,253
4,589,893
388,086
9,957,242
(387,693)
50,000
123,608
9.743,157
206 LID Guaranty
685,637
685,637
685,637
213 UTGO Bonds
2,841,675
3,713,175
40,117
6,594,967
6,594,967
233 2013 LID
688,637
668,613
707,287
2,064,537
2,064.537
301 Land Acquisition, Recreation & Park Dev.
605,000
50,000
609,282
1,264,282
670,000
25,000
1,959,282
302 Urban Renewal
235,000
215,000
1,783,064
2233,064
5,362,629
7,595,693
303 General Government Improvements
353,094
358.015
27,652
738,761
(200.000)
300,000
40,000
878,761
304 Fire Improvements
500.000
500.000
7.612
1,007,612
600,000
-
9,723
1,617,335
305 Public Safety Plan
391896,578
40,028,146
2,211,825
82,136,549
3.794,469
85,931,018
306 CityFacilites
4,629,000
4,785,000
9,414,000
9.600,000
5,565.590
-
24,579,590
401 Water
7.650.901
9,000,238
3,339,383
19,990,522
224,676
683,573
20,898,771
402 Sewer
10,774,916
9,783.035
8,440,479
26,998,430
625,361
412,209
30,036,080
411 Foster Golf Course
1.765,345
1,810,408
706,128
4.281,881
103.000
(20,979)
(49,021)
4,314.881
412 Surface Water
6,933.224
7.302.426
1.578,653
17,814,303
309,814
1,530,986
19,655,103
501 Equipment Rental
4,435,204
3,777,658
2,502,670
10,715,532
2,874
417,129
11,135,535
502 Insurance Fund
1,904,662
7.412, 104
274,246
14.591.012
176,587
14,767,599
503 Insurance -LEOFF1 Fund
465,7.
489,313
105,011
1,060,079
1,060,079
611 Firemen's Pension
69,991
69,991 1
1,457,874
1,597,856
1,597,856
Total
E 177,817.850
E215,766,840
E 48,106,101
E 441. 90,791
E 6,532,124
$128,518p335)l
12,541,180
E432,245,760
212
Attachment 2
Budget Proviso of the Tukwila City Council
2019-2020 Mid -Biennium Budget Amendment
The following is hereby declared to be the legislative intent of the City Council regarding
the General Fund appropriation to the Fire Department:
1. The City Council approves the $522,900 amendment to the Fire Department's
2019 budget with the expectation that the following conditions be met in 2020:
a. The Fire Chief will deliver a 2019 Annual Report, per RCW 35A.92.030, to the
City Council by the end of the 1st Quarter.
b. The Fire Chief will deliver quarterly reports to the City Council discussing new
revenue implementation and budget status updates including overtime and
training.
c. The Mayor and/or City Administrator will deliver a mid -year report to the City
Council regarding budget status to date and projection for year-end.
d. The City will hire a third -party consultant to review the Fire Department
budgetary and management practices.
e. The Fire Department will implement additional revenue sources and
operational efficiencies while considering cost savings wherever appropriate.
2. It is expected that the Fire Department will operate within the adopted budget for
2020. If the above proviso conditions are met, the City Council may reconsider a
budget amendment following the mid -year report.
213
214
COUNCIL AGENDA SYNOPSIS
--------- ------------Initials
Meeting Date
Prepared by
Ma or's review
Coqnc4 review
11/25/19
GL
12/02/19
GL
/Pt_
ITEM INFORMATION
ITEM NO.
5.G.
STAFF SPONSOR: GAIL LABANARA
ORIGINALAGENDA DATF,: 11/25/19
AGENDA ITEM TITLE Public Safety Plan - Public Works Shops Phase i
SHKS Architects Amendment No. 2 for Design
CATEGORY ® Discussion
Mtg Date 11/25/19
® Motion
Mtg Date 12/02/19
❑ Resolution
It Date
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑Other
Mtg Date
SPONSOR ❑Council ❑Mayor ❑HR ❑DCD ❑Finance ❑Fire ❑TS ❑P&R ❑Police ®PW ❑Court
SPONSOR'S Council is being asked to approve Amendment No. 2 to Contract No. 18-197 with SHKS
SUMMARY Architects to design the the necessay improvements to the Fleet and Facilities Building
(Heiser) for the Public Works Shops Phase 1. This will include seismic retrofit for life -safety
performance, interior and exterior improvements, and upgrades to the HVAC system.
Amemdment No. 2 is for $518,880.00, with a 10% contingency of $51,880, for a not to
exceed amount of $570,768.00.
REVIEWED BY ❑ C.O.W. Mtg. ❑ CDN Comm ❑ Finance Comm. ❑ Public Safety Comm.
® Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 11/19/19 COMMITTEE CHAIR: ACTING - D. ROBERTSON
RECOMMENDATIONS:
SPONSOR/ADMIN. Public Works Department
COMMITI-EE Unanimous approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$570,768.00 $35,700,000.00 $0.00
Fund Source: 50/50 FUNDING WITH 306 GENERAL FUND & WATER, SEWER, AND SURFACE WATER UTILITY FUNDS
Comments: Pg 59, 2019 CIP
MTG. DATE
RECORD OF COUNCIL ACTION
11/25/19
Forward to next Regular
12/02/19
MTG. DATE
ATTACHMENTS
11/25/19
Informational Memorandum dated 11/15/19 (revised 11/20/19)
SHKS Amendment No. 2 with scope and fee
Minutes from the Transportation & Infrastructure Committee 11/19/19
12/02/19
No attachments
215
216
COUNCIL AGENDA SYNOPSIS
nitials
Meeting Date
Prep -red b
Ma or's review
Council review
11/25/19
GL
12/02/19
GL
C
ITEM INFORMATION
ITEM 1'VO.
5.H.
STAFF SPONSOR: RYAN LARSON
ORIGINALAGENDADATE: 11/25/19
AGENDA ITEM TITLE Starfire Sports Athletic Center Improvements
Resolution approving an Administrative Variance for Wet- Flood proofing
CATEGORY ® Discussion
Mtg Date 11/25/19
® Motion
Mtg Date 12102119
❑ Resolution
Mtg Date
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑Other
g Date
Mt
SPONSOR ❑Council ❑Mayor ❑HR ❑DCD ❑Finance ❑Fire ❑TS ❑P&R ❑Police ®PW ❑Court
SPONSOR'S Council is being asked to approve this Resolution that allows an administrative variance be
SUMMARY granted to the City's Tukwila Municipal Code Chapter 16.52 for wet-floodproofing to the
Starfire Athletic Center. Resolution No. 1526 was the original variance for construction to
be within a flood hazard area using wet-floodproofing techniques. This new proposed
Resolution will allow an administrative variance for improvements to the Athletic Center
that will enclose areas below the stadium currently used for storage.
REVIEWED BY ❑ C.O.W. Mtg. ❑ CDN Comm ❑ Finance Comm. ❑ Public Safety Comm.
® Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 11/19/19 COMMITTEE CHAIR: ACTING - D. ROBERTSON
RECOMMENDATIONS:
SPONSOR/ADMIN. Public Works Department
COMMITTEE 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
11/25/19
Forward to next Regular
12/02/19
MTG. DATE
ATTACHMENTS
11/25/19
Informational Memorandum dated 11/15/19 (revised 11/20/19)
Draft Resolution
Starfire Sports Variance Request Letter
Resolution No. 1526 from 2003
Minutes from the Transportation & Infrastructure Committee 11/19/19
12/02/19
Final resolution
217
218
City of Tukwila
Washington
Resolution No.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ALLOWING FOR THE
ADMINISTRATIVE VARIANCE TO TUKWILA MUNICIPAL
CODE CHAPTER 16.52 AND ALLOWING FOR THE WET-
FLOODPROOFING OF IMPROVEMENTS TO THE
STARFIRE ATHLETIC CENTER.
WHEREAS, the City of Tukwila has entered into an agreement with Starfire Sports
to develop and operate park athletic, recreation and associated facilities at the Fort Dent
Park; and
WHEREAS, portions of Fort Dent Park are within the Green River floodplain; and
WHEREAS, the City of Tukwila participates in the National Flood Insurance Program
and this program requires the City to adopt floodplain management standards and a
floodplain construction permit process; and
WHEREAS, the Indoor Athletic Center was permitted and constructed under
Resolution No. 1526 that allowed the use of wet-floodproofing techniques; and
WHEREAS, Starfire Sports has requested another variance that would allow for
modifications to the existing Athletic Center and allow wet -flood proofing of indoor practice
and storage areas; and
WHEREAS, the City of Tukwila follows the U.S. Army Corps of Engineers Flood -
Proofing Regulations, the Federal Emergency Management Agency (FEMA)
Floodproofing Standards, and the Federal Insurance Administration (FIA) Regulations,
which allow the City to grant wet-floodproofing variances to those standards and
requirements if certain criteria are met as found in 44 CFR 60.6(a) of FIA Regulations;
and
WHEREAS, wet-floodproofing will not result in increased flood heights, additional
threats to public safety, extraordinary public expense, create nuisances, cause fraud on
or victimization of the public, or conflict with existing local laws or ordinances; and
W:\Word Processing\Resolutions\Starfire wet-floodproofing variance 11-1-19
RL: Review and analysis by Barbara Saxton Page 1 of 2 219
WHEREAS, it has been determined that a variance is the minimum necessary,
considering the flood hazard, to afford relief; and
WHEREAS, Starfire Sports has shown good and sufficient cause for a variance; and
WHEREAS, the federal standard (dry-floodproofing) would cause an exceptional
financial hardship to Starfire Sports; and
WHEREAS, the improvements will not be located within a floodway; and
WHEREAS, the criteria set forth in 44 CFR 60.6(a) of FIA Regulations has been met;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. The above Whereas recitals are herein adopted as Findings of Fact.
Section 2. The City of Tukwila Public Works Department is hereby authorized to
grant a flood zone permit allowing the use of wet-floodproofing for modifications to the
existing Starfire Athletic Center. Wet-floodproofing shall be an administrative variance to
Tukwila Municipal Code Chapter 16.52 due to the compelling public policy reasons stated
herein.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2019.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
Kathy Hougardy, Council President
Filed with the City Clerk:_
Passed by the City Council. -
Resolution Number:
WAWord Processing\Resolutions\Starfire wet-floodproofing variance 11-1-19
220 RL: Review and analysis by Barbara Saxton Page 2 of 2
COUNCIL AGENDA SYNOPSIS
Meetin,g Date
Prepared b
MayoliVeview
Council review
11/25/19
GL
12/02/19
GL
ITEM INFORMATION
ITEM NO.
5.1.
STAFF SPONSOR: CYNDY KNIGHTON
ORIGINAL AGENDA DATE: 11/25/19_
AGENDA ITEM TITLE Concurrency Standards and Transportation Impact Fees
Ordinance Updating Tukwila Muncipal Code Chapter 9.48
CATEGORY ® Discussion
Mtg Date I1/25/19
® Motion
Mtg Date 12/02/19
❑ Resolution
Mtg Date
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Aftg Date
❑Other
Mtg Date
SPONSOR ❑Council ❑Mayor ❑HR ❑DCD ❑Finance ❑Fire ❑TS ❑P&R ❑Police ®PW [:]Court
SPONSOR'S Council is being asked to approve the Ordinance amending Tukwila Municipal Code Chapter
SUMMARY 9.48 to update the Transportation Impact Fee Schedule. This ordinance will update project
costs from the current Capital Improvement Program (CIP), finalize project costs from
closed projects, and adds/deletes projects reflecting current needs. This Ordinance also
includes a ten-year window for expending impact fees and changes to exemptions.
REVIEWED BY ❑ C.O.W. Mtg. ❑ CDN Comm ❑ Finance Comm. ❑ Public Safety Comm.
® Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 11/19/19 CONMTTEE CHAIR: ACTING - D. ROBERTSON
RECOMMENDATIONS:
SPONSOR/ADMIN. Public Works Department
COMMITTEE Unanimous approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EXPENDi,ruiu? REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00 $0.00
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
11/25/19
Forward to next Regular Meeting
12/02/19
MTG. DATE
ATTACHMENTS
11/25/19
Informational Memorandum dated 11/15/19
Draft Ordinance with new 2020 Transportation Impact Fees
Summary of Traffic Impact Fee Changes
Comparison of 2018 Traffic Impact Fees in Western Washington
2007 Transportation Impact Fee Schedule & Traffic Impact Zones Map
Minutes from the Transportation & Infrastructure Committee 11/19/19
12/02/19
IFinal ordinance
221
222
City of Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 2521
§2, 2305 §2 AND 2111 §1 (PART), AS CODIFIED IN VARIOUS
SECTIONS OF TUKWILA MUNICIPAL CODE CHAPTER 9.48,
"CONCURRENCY STANDARDS AND TRANSPORTATION
IMPACT FEES," TO UPDATE FEES AND FEE CALCULATION
LANGUAGE; REPEALING ORDINANCE NO. 2156; PROVIDING
FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Tukwila's concurrency standards and transportation impact
fees are codified at Chapter 9.48 of the Tukwila Municipal Code; and
WHEREAS, the City of Tukwila desires to update its impact fees to reflect current
costs; and
WHEREAS, the City Council desires to amend certain sections relating to calculation
and use of impact fees, and exemptions;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Figure 9-1 Amended. Ordinance No. 2111 §1 (part), as codified at
Tukwila Municipal Code (TMC) Section 9.48.030, "Imposition of Transportation Impact
Fees," is hereby amended by updating the Traffic Impact Fee Schedule, as codified as
Figure 9-1, and attached to the ordinance as "Exhibit A."
Section 2. TMC Section 9.48.040 Amended. Ordinance Nos. 2305 §2 and 2111 §1
(part), as codified at TMC Section 9.48.040, are hereby amended to read as follows:
9.48.040 Calculation of Impact Fees
A. The method of calculating the transportation impact fees in this chapter
incorporate, among other things, the following:
1. The cost of public streets and roads necessitated by new development;
W: Legislative Development\Concurrency Stds and Impact Fees 11-26-19
CK:bjs Review and analysis by Barbara Saxton Page 1 of 4
223
2. An adjustment to the costs of the public streets and roadways for past or
future mitigation payments made by previous development to pay for a particular system
improvement that was prorated to the particular street improvement;
3. The availability of other means of funding public street and roadway
improvements; and
4. The methods by which public street and roadway improvements were
financed.
B. Fees for development shall be calculated based on their net new "p.m. peak
hour" trip generation rates as determined by the Public Works Director, or designee,
applying the ITE Trip Generation Manual. If the proposed development activity concerns
an existing use, the fee shall be based on net new trips generated by the redevelopment.
If an existing building has not been used for its intended purpose or has been vacant for
twelve months or more preceding application, no credit for existing trips shall be given.
Section 3. TMC Section 9.48.090 Amended. Ordinance No. 2111 §1 (part), as
codified at TMC Section 9.48.090, subparagraph G., is hereby amended to read as follows:
9.48.090 Use of Impact Fees
G. Transportation impact fees shall be expended or letter encumbered for a
permissible use within ten years of receipt, unless there exists an extraordinary or
compelling reason for fees to be held longer than ten years. The Public Works Director may
recommend to the Council that the City hold fees beyond ten years in cases where
extraordinary or compelling reasons exist. Such reasons shall be identified in written findings
by the Council.
Section 4. TMC Section 9.48.125 Amended. Ordinance No. 2521 §2, as codified at
TMC Section 9.48.125, is hereby amended to read as follows:
A. The impact fees are generated from the formula for calculating the fees as set
forth in this chapter. The amount of the impact fees is determined by the information
depicted on Figure 9-1 herein. All development activity located within the City shall be
charged a transportation impact fee, provided that the following exemptions shall apply.
B. The following shall be exempt from transportation impact fees:
1. Replacement of a structure with a new structure having the same use, at the
same site, and with the same gross floor area, when such replacement is within 12
months of demolition or destruction of the previous structure.
2. Alteration, expansion, or remodeling of an existing dwelling or structure
where no new units are created and the use is not changed.
3. Construction of an accessory residential structure.
4. Miscellaneous improvements including, but not limited to, fences, walls,
swimming pools and signs that do not impact the transportation system.
W: Legislative Development\Concurrency Stds and Impact Fees 11-26-19
224 CK:bjs Review and analysis by Barbara Saxton Page 2 of 4
5. Demolition of or moving an existing structure within the City from one site to
another.
6. Transportation impact fees for the construction of low-income housing may
be reduced at the discretion of the Public Works Director when requested by the property
owner in writing prior to permit submittal and subject to the following criteria:
a. Submittal of a fiscal impact analysis of how a reduction in impact fees
for the project would contribute to the creation of low-income housing;
b. Fee reduction table.
Unit Size
Affordability Target
Fee Reduction
2 or more bedrooms
80% 2
40%
2 or more bedrooms
60% 2
60%
Any size
50% 2
80%
1 — Units to be sold or rented to a person or household whose monthly housing
costs, including utilities other than telephone, do not exceed 30% of the
household's monthly income.
2 — Percentage of King County Median family income adjusted for family size as
reported by the U.S. Department of Housing and Urban Development.
c. The developer must record a covenant per RCW 82.02.060 (3) that
prohibits using the property for any purpose other than for low-income housing at the
original income limits for a period of at least 10 years. At a minimum, the covenant must
address price restrictions and household income limits for the low-income housing, and
that if the property is converted to a use other than low-income housing within 10 years,
the property owner must pay the City the applicable impact fees in effect at the time of
conversion.
7. Change of Use. A development permit for a change of use that has less
impact than the existing use shall not be assessed a transportation impact fee.
8. A fee payer required to pay for system improvements pursuant to RCW
43.21 C.060 shall not be required to pay an impact fee for the same improvements under
this ordinance.
Section 5. Repealer. Ordinance No. 2156 is hereby repealed in its entirety.
Section 6. 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: Legislative Development\Concurrency Stds and Impact Fees 11-26-19
CK:bjs Review and analysis by Barbara Saxton Page 3 of 4 225
Section 7. 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 of constitutionality of the
remaining portion of this ordinance or its application to any other person or situation.
Section 8. 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 12019.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY. -
Office of the City Attorney
Allan Ekberg, Mayor
Filed with the City Clerk. -
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Attachment: Figure 9-1 — Traffic Impact Fee Schedule 2020
W: Legislative Development\Concurrency Stds and Impact Fees 11-26-19
226 CK:bjs Review and analysis by Barbara Saxton Page 4 of 4
Figure 9-1
Traffic Impact Fee Schedule 2020
Land Uses
Unit of
Measure
Zone 1
Zone 2
Zone 3
Zone 4
Cost per Trip All Other Uses 1 $4,438.731 $4,863.141 $5,345.421 $2,057.66
Residential
Single Family
dwelling
$4,600.24
$15,329.49
$5,497.85
$767.86
Multi Family
dwelling
$2,106.51
$7,019.56
$2,517.54
$351.61
Retirement Community
dwelling
$859.64
$2,864.60
$1,027.38
$143.49
Nursing Home/Convalescent Center
bed
$1,022.27
$3,406.55
$1,221.75
$170.64
Assisted Living
dwelling
$1,208.14
$4,025.93
$1,443.88
$201.66
Residential Suites/Microunit apartmentq
dwelling
$1,394.01
$4,645.30
$1,666.02
$232.68
Commercial - Services
Drive-in Bank
sq ft/GFA
$61.77
$205.83
$73.82
$10.31
Walk-in Bank
sq ft/GFA
$45.09
$150.26
$53.89
$7.53
Day Care Center
sq ft/GFA
$51.67
$172.19
$61.75
$8.62
Library
sq ft/GFA
$28.44
$94.76
$33.99
$4.75
Post Office
sq ft/GFA
$39.07
$130.18
$46.69
$6.52
Hotel/Motel
room
$2,788.02
$9,290.60
$3,332.03
$465.37
Service Station
VFP
$37,812.08
$126,002.19
$45,190.14
$6,311.50
Service Station/Minimart
VFP
$28,603.25
$95,315.34
$34,184.44
$4,774.39
Service Station/Minimart/Car Wash
VFP
$18,582.17
$61,921.84
$22,208.00
$3,101.69
Carwash (Self -Serve)
Stall
$16,732.78
$55,759.07
$19,997.75
$2,793.00
Movie Theater
screen
$355.47
$1,184.55
$424.83
$59.33
Health Club
sq ft/GFA
$16.97
$56.56
$20.28
$2.83
Racquet Club
sq ft/GFA
$13.311
$44.36
$15.91
$2.22
Public Park
acre
$511.141
$1,703.28
$610.87
$85.32
Golf Driving Range
tees
$5,808.38
$19,355.41
$6,941.74
$969.52
Batting Cages
cage
$10,315.68
$34,375.21
$12,328.52
$1,721.87
Multipurpose Recreational Facility
sq ft/GFA
$16.64
$55.43
$19.88
$2.78
Trampoline Park
sq ft/GFA
$6.97
$23.23
$8.33
$1.16
Bowling Alley
sq ft/GFA
$5.39
$17.96
$6.44
$0.90
Ice Skating Rink
sq ft/GFA
$6.18
$20.59
$7.39
$1.03
Casino/Video Lottery Estab. With Food
sq ft/GFA
$62.68
$208.88
$74.92
$10.46
Commercial - Institutional
Elementary School/Jr. High School
student
$789.94
$2,632.34
$944.08
$131.85
High School
student
$650.54
$2,167.81
$777.47
$108.59
University/College
student
$882.87
$2,942.02
$1,055.14
$147.37
Religious Institutions
sq ft/GFA
$2.28
$7.59
$2.72
$0.38
Hospital
sq ft/GFA
$3.61
$12.02
$4.31
$0.60
Commercial - Restaurant
Quality Restaurant
sq ft/GFA
$20.30
$67.64
$24.26
$3.39
High Turnover Restaurant
sq ft/GFA
$25.88
$86.23
$30.93
$4.32
Fast Food Restaurant w/o drive thru
sq ft/GFA
$65.84
$219.41
$78.69
$10.99
Fast Food Restaurant w/ drive thru
sq ft/GFA
$75.90
$252.94
$90.71
$12.67
Drinking Place
sq ft/GFA
$39.62
$132.04
$47.36
$6.61
Coffee/Donut Shot w/ drive thru
sq ft/GF-A-1
$20.16
$67.171
$24.091
$3.36
Industrial
Light Industry/High Technology
sq ft/GFA
$2.93
$9.76
$3.50
$0.49
Industrial Park
sq ft/GFA
$1.86
$6.19
$2.22
$0.31
Warehousing/Storage
sq ft/GFA 1
$0.88
$2.94
$1.06
$0.15
Mini Warehouse
sq ft/GFA 1
$0.79
$2.63
$0.94
$0.13
GLA= Gross Leasible Area
GFA= Gross Floor Area
VFP= Vehicle Fueling Positions (Maximum number of vehicles that can be fueled simultaneously)
Page 1 of 2
227
Figure 9-1
Traffic Impact Fee Schedule 2020
Land Uses Unit of Zone 1 Zone 2 Zone 3 Zone 4
Measure
Cost per Trip All Other Uses 1 $4,438.73 $47863 1-4 $5,345.421 $2,057.66
Commercial - Retail
Shoppinq Center
10,000 sq ft-49,999 sq ft sq fUGLA
50,000 sq ft-99,999 sq ft sq ft/GLA
100,000 sq ft-199,999 sq ft sq ft/GLA
200,000 sq ft-299,999 sq ft sq ft/GLA
300,000 sq ft-399,999 sq ft sq fUGLA
over 400,000 sq ft sq fUGLA
Miscellaneous Retail Sales sq ft/GFA
Supermarket sq fUGFA
Convenience Market sq fUGFA
Nursery/Garden Center sq fUGFA
Furniture Store sq ft/GFA
Car Sales - New/Used sq ft/GFA
Auto Care Center
sq fUGLA
Quick Lubrication Vehicle Shop
Service Ba
Auto Parts Sales
sq fUGFA
Pharmacy (with Drive Through)
sq ft/GFA
Pharmacy (no Drive Through)
sq ft/GFA
Free Standing Discount Store
sq fUGFA
Hardware/Paint Store
sq ft/GFA
Discount Club
sq fUGFA
Video Rental
sq ft/GFA
Home Improvement Superstore
sq fUGFA
Tire Store
Service Ba,
Commercial - Office
Administrative Office
up to 9,999 sq ft
sq ft/GFA
10,000 sq ft-49,999 sq ft
sq ft/GFA
50,000 sq ft-99,999 sq ft
sq ft/GFA
100,000 sq ft-199,999 sq ft
sq fUGFA
200,000 sq ft-299,999 sq ft
sq ft/GFA
over 300,000 sq ft
sq ft/GFA
Medical Office/Clinic
sq fUGFA
$27.51
$91.67
$32.881
$4.59
$17.26
$57.52
$20.63
$2.88
$14.98
$49.91
$17.90
$2.50
$13.63
$45.43
$16.29
$2.28
$12.93
$43.08
$15.45
$2.16
$12.75
$42.49
$15.24
$2.13
$13.21
$44.01
$15.79
$2.20
$13.07
$43.55
$15.62
$2.18
$27.48
$91.57
$32.84
$4.59
,111.82
$372.61
$133.64
$18.66
$22.57
$75.22
$26.98
$3.77
$1.14
$3.78
$1.36
$0.19
$11A9
$38.28
$13.73
$1.92
$14.45
$48.16
$17.27
$2.41
775.56
$15,775.56
$15,775.56
$15,775.56
$15.97
$53.22
$19.09
$2.67
$24.39
$81.26
$29.14
$4.07
$18.59
$61.93
$22.21
$3.10
$ 88.
33
$62.08
$22.26
$3.11
$8.15
$27.16
$9.74
$1.36
$12.24
$40.78
$14.62
$2.04
$28.44
$94.76
$33.99
$4.75
$6.28
$20.931
$7.50
$1.05
442,041
$11,442.041
$11,442.04
$11,442.04
$13.86F
$46.171
$16.561
$2.31
$5.52
$18.40
$6.601
$0.92
$5.06
$16.86
$6.05
$0.84
$4.85
$16.17
$5.80
$0.81
$4.68
$15.61
$5.60
$0.78
$4.56
$15.19
$5.45
$0.76
$4.52
$15.05
$5.40
$0.75
11.431
$38.091
$13.66
$1.91
GLA= Gross Leasible Area
GFA= Gross Floor Area
VFP= Vehicle Fueling Positions (Maximum number of vehicles that can be fueled simultaneously)
Page 2 of 2
228
COUNCIL AGENDA SYNOPSIS
niiials
Meeting Dale
Prepared by
Mayor's review
Council review
11/12/19
Vick
11/18/19
Vick
12 02 19
Vick
ITEM INFORMATION
ITEM NO.
5.J.
S'rAF SPONSOR: VICKY CARLSEN
ORIGIN,\I.AGI?NDA D,\'1'13: 11/12/19
AGFNDA II'r? \I Trn,1, Resolution adopting performance measures for the Fire Department
CA'1'L:G0IZY ® DZs,ussion
Mlg Date 11/12/19
❑ Motion
Ali g Date
® Resolution
ilitg Date 11/18/19
❑ Ordinance
tti(to Dnle
❑ Bid Award
lftg Date
❑ Public Hearing
Rllg Date
❑ Other
Nhg Dale
SPONSOIZ ❑Council ❑Mayor ❑HR ❑DCD ®Finance ❑.Fire ❑TS ❑P&R ❑Police ❑P1F ❑Cozrrt
SPONSOWS The Council is being asked to review and approve a resolution adopting performance policy,
SUMNL\RY standards, and objectives outlined in RCW 35.103 for the Fire Department
Rt,vIr;WrD BY ❑ C.O.W. Nltg. ❑ CDN Comm ® Finance Comm. ❑ Public Safety Comm.
❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 10/28/19 COMN1.11 EE CFLAJIR: MCLEOD
RECOMMENDATIONS:
S1)0NSOR/AD1%11N. Finance Department
CONINIrrl'UI'• Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EYPI_:NDI'1'UIZF. RIiOUIRI?D AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
11/12/19
Forward to next Regular Meeting
11/18/19
Forward to 12/2 Regular Meeting
12/02 19
MTG. DATE
ATTACHMENTS
11/12/19
Informational Memorandum dated July 17, 2019
Draft Resolution
Draft Policy Statement
Minutes from the 10/28/19 Finance Committee meeting
11/18/19
Final Resolution
12/02/19
lInformational Memorandum updated after 11 18 Regular Meeting
Resolution
229
230
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO:
City Council
FROM:
Jay C. Wittwer, Fire Chief
BY:
Jay C. Wittwer, Fire Chief
CC:
Mayor Ekberg
DATE:
11 /20/19
SUBJECT: Revised RCW 35.103 delivery objectives
ISSUE
During the Regular City Council Meeting held on November 18, 2019 a request was made by the
Council for the City Attorney to review and revise the delivery objectives statement.
BACKGROUND
More clarity was requested by City Councilmembers concerning the fire delivery objectives regarding
the adoption of RCW 35.103 requirements.
DISCUSSION
The City Attorney has revised the document to remove all of the "meets/does not meet
requirements" language and boxes, which were confusing and legally unnecessary. This version
does meet the requirements of RCW 35.103, which include establishing the existence of the City's
Fire Department, identifying what services it provides, how it is staffed, and setting service delivery
objectives. We then issue an annual report stating whether or not those objectives were met. Staff is
working on the annual report and it will be forthcoming.
FINANCIAL IMPACT
No financial impact
RECOMMENDATION
The Council is being asked to consider this revised resolution for adoption.
ATTACHMENTS
Resolution
Clean and Red Line versions of the Fire Delivery Objectives.
231
232
DRAFT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ADOPTING APPLICABLE
PERFORMANCE POLICY, STANDARDS AND OBJECTIVES
OUTLINED IN RCW 35.103 AS THE TUKWILA FIRE
DEPARTMENT'S EMERGENCY RESOURCE DEPLOYMENT
AND RESPONSE TIMES OBJECTIVES.
WHEREAS, the Tukwila Fire Department was legally established as a fire
department to provide certain emergency medical, fire and rescue services, and Tukwila
Municipal Code Chapter 2.24 created the office of Fire Chief; and
WHEREAS, the Tukwila Fire Department has a mission statement and goals and
objectives to guide the organization in providing fire and medical services to our
community; and
WHEREAS, the Tukwila Fire Department has a basic organizational structure which
may include the Chief, Officers, Firefighters, and Emergency Medical Technicians
(EMTs); and
WHEREAS, the Tukwila Fire Department has a certain number of members now and
in the future who perform the tasks required to accomplish our response objectives; and
WHEREAS, the Tukwila Fire Department is required by state law to establish turnout
and response time goals: for the first arriving Basic Life Support, for Fire Engine
responses to fire suppression calls, and for a full alarm assignment for Fire Engine
responses to fire suppression calls; and
WHEREAS, the Tukwila Fire Department has evaluated the elements identified in
RCW 35.103 and included those provisions deemed appropriate in the department's
emergency service delivery; and
WHEREAS, the Tukwila Fire Department has developed written response coverage
objectives required to comply with applicable provisions of RCW 35.103-1
W:\Legislative Development\Emergency Resource Deployment -Response Time Objectives 10-15-19
VC:bjs Review and analysis by Barbara Saxton Page 1 of 2
233
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. The Tukwila City Council hereby adopts the Tukwila Fire Department's
Emergency Resource Deployment and Response Times Objectives document (attached
as Exhibit A) as the Tukwila Fire Department official policy for determining emergency
medical, fire and rescue resource deployment.
Section 2. The Tukwila Fire Department's Emergency Resource Deployment and
Response Times Objectives document officially defines the Tukwila Fire Department
written policies and procedures that establish the distribution and concentration of fixed
and mobile resources of the department.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2019.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
C • -91 M.1167a07Owl ►ViI:�'fi
Rachel B. Turpin, City Attorney
Kathy Hougardy, Council President
Filed with the City Clerk:
Passed by the City Council:
Resolution Number.-
Attachment- Exhibit A — Tukwila Fire Department's Emergency Resource Deployment
and Response Times Objectives
W:\Legislative Development\Emergency Resource Deployment -Response Time Objectives 10-15-19
VC:bjs Review and analysis by Barbara Saxton Page 2 of 2
234
NOTE: Strike-through/underline text shows changes made after
the November 18, 2019 C.O.W. meeting.
Tukwila Fire Department's Emergency Resource Deployment
and Response Times Objectives
POLICY STATEMENT
a. The exmstenGe-of the T.,kwiia Cirn Department:
The Tukwila Fire Department is a municipal fire department serving the
City of Tukwila and its residents, businesses, and visitors.
u MM - -FIMYLVARIM
b. Services the Tukwila Fire Department is required 4n provides:
Fire suppression, Basic Life Support/Emergency Medical Services, rope
rescue, structural collapse rescue, confined space rescue, trench rescue,
machinery rescue, swift water rescue, water -craft rescue, floodwater rescue,
urban search and rescue.
Page 1 of 4
235
c. The basic organizational structure of the Tukwila Fire Department:
®ff
S.-lift C fl)
C--n:: -, Captain CZF-Z:r.
t ! t D.1 : - I'-, ) s-ation, m j - 1 stvicn 33 (1S
SC63 - Pmjec:
C�ca
o
captain
t::Fin.r,
Fae 1 3,,
&A
IOWA Ivl 'Wr
�
bq. M-.
Page 2 of 4
236
d. The expected number of Tukwila Fire Department employees:
FTE
o
Chief Officers
7
o
Career Firefighters
55
o
Volunteer Firefighters
o
Resident/Part-Time FF's
o
Administrative Support
2
o
Mechanics
o
Public Education Staff
o
Fire Prevention Staff
2
o
Emergency Management Staff
1
o
Dispatching Staff
o
Other Staff
o
TOTAL STAFF
67
e. The functions that Tukwila Fire Department employees are expected to
perform:
Firefighting, Basic Life Support/Emergency Medical Services, technical rescue,
inspections, public education, and pre -fire planning.
u 10n. 10 Be -WA FISATIMETIM
2. ADOPTED STANDARDS
Per RCW 35.103, €every fire jurisdiction shall adopt service delivery objectives in
a written statement for all services that are provided in an emergency mode. For
the Tukwila Fire Department, these include the following:
Page 3 of 4
237
a. Turnout time Turnout Time Standard: The Tukwila Fire Department has
adopted a turnout time standard of 03:01 minutes for Fire and 02:38 minutes
for Emergency Medical Services, which the department should meet within a
90th percentile annually.
IWA
b. Response Time Standard for the Arrival of the First Arriving Engine
Company at a Fire Suppression Incident: Res^onCe T4n;e S aFd;. The
Tukwila Fire Department has adopted a response/travel time standard of 07:59
minutes for the arrival of the first engine company to a fire suppression incident,
which the department should meet within a 90th percentile annually.
c. Response me or e difthdeployment of a Bill first alarm assignment at a fire
�innrec�ion incident
Response Time Standard for a Full First Alarm Assignment: The Tukwila
Fire Department has adopted a response/travel time standard of 09:29 minutes
for the arrival of the full complement of a first alarm response to a fire
suppression incident, which the department should meet within a 90th
percentile annually.
u - -
V
d. Response Time Standard for the Arrival of the First Arriving Unit with a
First Responder or Higher Level Capability at an Emergency Medical
Incident: Response T:.-;;e Standardi The Tukwila Fire Department has
adopted a response/travel time standard of 07-52 minutes for the arrival of the
first emergency medical unit with appropriately trained personnel on board to
an emergency medical incident, which the department should meet within a
90th percentile annually.
Moo+c rani iremon� /Q(�1/�/ 'Z�+ 'I (1'21
rino nn+ mood rorvi iiromon�
Page 4 of 4
238
ME
1k TITS
Washington
Resolution No.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ADOPTING APPLICABLE
PERFORMANCE POLICY, STANDARDS AND OBJECTIVES
OUTLINED IN RCW 35.103 AS THE TUKWILA FIRE
DEPARTMENT'S EMERGENCY RESOURCE DEPLOYMENT
AND RESPONSE TIMES OBJECTIVES.
WHEREAS, the Tukwila Fire Department was legally established as a fire
department to provide certain emergency medical, fire and rescue services, and Tukwila
Municipal Code Chapter 2.24 created the office of Fire Chief; and
WHEREAS, the Tukwila Fire Department has a mission statement and goals and
objectives to guide the organization in providing fire and medical services to our
community; and
WHEREAS, the Tukwila Fire Department has a basic organizational structure which
may include the Chief, Officers, Firefighters, and Emergency Medical Technicians
(EMTs); and
WHEREAS, the Tukwila Fire Department has a certain number of members now and
in the future who perform the tasks required to accomplish our response objectives; and
WHEREAS, the Tukwila Fire Department is required by state law to establish turnout
and response time goals for: the first arriving Basic Life Support; Fire Engine responses
to fire suppression calls; and a full alarm assignment for Fire Engine responses to fire
suppression calls; and
WHEREAS, the Tukwila Fire Department has evaluated the elements identified in
RCW 35.103 and included those provisions deemed appropriate in the department's
emergency service delivery; and
WHEREAS, the Tukwila Fire Department has developed written response coverage
objectives required to comply with applicable provisions of RCW 35.103;
W:\Legislative Development\Emerge ncy Resource Deployment -Response Time Objectives 11-21-19
VC:bjs Review and analysis by Barbara Saxton Page 1 of 2 239
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. The Tukwila City Council hereby adopts the Tukwila Fire Department's
Emergency Resource Deployment and Response Times Objectives document (attached
as Exhibit A) as the Tukwila Fire Department official policy for determining emergency
medical, fire and rescue resource deployment.
Section 2. The Tukwila Fire Department's Emergency Resource Deployment and
Response Times Objectives document officially defines the Tukwila Fire Department
written policies and procedures that establish the distribution and concentration of fixed
and mobile resources of the department.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of 12019.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
Kathy Hougardy, Council President
Filed with the City Clerk:_
Passed by the City Council:
Resolution Number:
Attachment: Exhibit A —Tukwila Fire Department's Emergency Resource Deployment
and Response Times Objectives
WALegislative DevelopmentlEmergency Resource Deployment -Response Time Objectives 10-15-19
240 VC:bjs Review and analysis by Barbara Saxton Page 2 of 2
Tukwila Fire Department's Emergency Resource Deployment
and Response Times Objectives
1. POLICY STATEMENT
a. The Tukwila Fire Department is a municipal fire department serving the
City of Tukwila and its residents, businesses, and visitors.
b. Services the Tukwila Fire Department provides:
Fire suppression, Basic Life Support/Emergency Medical Services, rope
rescue, structural collapse rescue, confined space rescue, trench rescue,
machinery rescue, swift water rescue, water -craft rescue, floodwater rescue,
urban search and rescue.
Page 1 of 4
241
c. The basic organizational structure of the Tukwila Fire Department:
Page 2 of 4
242
d. The expected number of Tukwila Fire Department employees:
FTE
o
Chief Officers
7
o
Career Firefighters
55
o
Volunteer Firefighters
o
Resident/Part-Time FF's
o
Administrative Support
2
o
Mechanics
o
Public Education Staff
o
Fire Prevention Staff
2
o
Emergency Management Staff
1
o
Dispatching Staff
o
Other Staff
o
TOTAL STAFF
67
e. The functions that Tukwila Fire Department employees perform:
Firefighting, Basic Life Support/Emergency Medical Services, technical rescue,
inspections, public education, and pre -fire planning.
Page 3 of 4
243
2. ADOPTED STANDARDS
Per RCW 35.103, every fire jurisdiction shall adopt service delivery objectives in
a written statement for all services that are provided in an emergency mode. For
the Tukwila Fire Department, these include the following:
a. Turnout Time Standard:
The Tukwila Fire Department has adopted a turnout time standard of 03:01
minutes for Fire and 02:38 minutes for Emergency Medical Services, which the
department should meet within a 90th percentile annually.
b. Response Time Standard for the Arrival of the First Arriving Engine
Company at a Fire Suppression Incident:
The Tukwila Fire Department has adopted a response/travel time standard of
07:59 minutes for the arrival of the first engine company to a fire suppression
incident, which the department should meet within a 90th percentile annually.
c. Response Time Standard for a Full First Alarm Assignment:
The Tukwila Fire Department has adopted a response/travel time standard of
09:29 minutes for the arrival of the full complement of a first alarm response to
a fire suppression incident, which the department should meet within a 90th
percentile annually.
d. Response Time Standard for the Arrival of the First Arriving Unit with a
First Responder or Higher Level Capability at an Emergency Medical
Incident:
The Tukwila Fire Department has adopted a response/travel time standard of
07:52 minutes for the arrival of the first emergency medical unit with
appropriately trained personnel on board to an emergency medical incident,
which the department should meet within a 90th percentile annually.
Page 4 of 4
244
City of Tukwila Allan Ekberg, Mayor
Mayor's Office - David Cline, City Administrator
The City of opportunity, the community of choice
TO: Mayor Ekberg
Councilmembers
FROM: David Cline, City Administrator
DATE: November 27, 2019
SUBJECT: City Administrator's Report
The City Administrator Report is meant to provide the Council, staff and community an update on
the activities of the City and on issues that concern Tukwila. Please let me know if you have any
questions or need additional information about any of the following items.
1. Intergovernmental Update
• Association of Washington Cities - Cities on Tap: Mayor Ekberg, Council President
Hougardy and City Administrator David Cline attended the Association of Washington Cities -
Cities on Tap event held at the Kent Hydroplane Museum on November 14.
• Washington Recreation and Parks Association Athletic/Fitness Network Retreat: Parks
and Recreation staff attended the Washington Recreation and Parks Association
Athletic/Fitness Network Retreat in Leavenworth on November 14 and 15. Topics included
Fitness Instructor training and recruitment, youth sports initiatives, customer service best
practices, fitness trends, and athletic hot topics.
• Seattle Southside Chamber of Commerce Breakfast of Champions: Mayor Ekberg,
Councilmember Kruller and Economic Development Administrator Derek Speck attended the
Seattle Southside Chamber of Commerce Breakfast of Champions Event on November 15 in
Des Moines.
• Regional Transit Meeting: Community Development staff attended the Regional Transit
Committee monthly meeting on November 20. The group received presentations on the
Mobility Framework, which is intended to guide updates to Metro's policy documents,
including the Strategic Plan, Service Guidelines, and Metro Connects. Development of the
Mobility Framework was guided by King County's Equity Cabinet and is meant to address
how Metro will consider equity and sustainability when allocating mobility options and
transit investments.
• National League of Cities City Summit: Mayor Ekberg and Councilmembers, Kruller, McLeod
and Seal attended the National League of Cities City Summit in San Antonio, Texas November
20 - 23.
Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov
245
City Administrator's Report
November 27, 2019
Page 2
II. Community Events
Museum of Flight Veterans Day Celebration: On November 11 Mayor Ekberg offered
welcoming remarks at the Museum of Flight Veterans Day celebration. Councilmember
Kruller attended the event.
Duwamish Hill Preserve Work Party: Park Commissioner and Forest Steward Sean Albert
led a work party for Friends of the Hill and Boeing at Duwamish Hill Preserve on November
16.Over 25 volunteers gathered to help mulch and do a winter cleanup of the site.
December 6 - Celebration of the Artists in Residencies: Artists in Residents will share the
projects they completed and share their experiences in Tukwila. Join us food, conversation,
and fun on December 6 from 6 - 8 pm at the Tukwila Community Center Social Hall.
III. Staff Updates
Public Safety
• Washington Association of Sheriffs and Police Chiefs Conference: Deputy Chief Drever and
Commander Boyd attended the Washington Association of Sheriffs and Police Chiefs
Conference on November 19 and 20.
• Community Police Team Community Patrols: The Community Police Team has been
conducting proactive patrols along Tukwila International Blvd, in Crystal Springs Park and in
Cascade View Park. Patrols will increase in the Central Business District in upcoming weeks
due to the increase in holiday shoppers.
• Homeless Encampments Outreach: Community Liaison Officer Matt Valdez has been
working on numerous areas affected by homeless encampments. Contacts were made at the
homeless camp at Airport Way S and Boeing Access Rd. A meeting is planned to formally
address the growing issue there. Officer Valdez has also recently been working with the
Catholic Community Services and Union Pacific Railroad to both provide resources to the
homeless and clean up the area.
• Cottage Creek Apartments Community Meeting: The Community Police Team took part in
a community meeting for the Cottage Creek Apartments and conducted a foot patrol at the
location.
Project Updates
• S 196th/200th Street Bridge Repair: Estimated Completion: January 2020
The South 196th/200th Street bridge remains closed to vehicle traffic. Pedestrians have
access to cross the bridge along the south side on the newly opened sidewalks. All of the
concrete elements of the approach slab have been poured which include the deck, sidewalks,
curb/gutter, and concrete barriers. The bridge repair remains on schedule to be open to all
traffic the week of Thanksgiving with punchlist completion in December.
• 53rd Ave S: Estimated Completion: April 2020
As of November 18, Seattle City Light (SCL) has begun pulling wires for underground power.
SCL anticipates the underground power conversion could be completed by February 2020.
After completion, the utility poles will be pulled by Centuryl-ink.
Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov
246
City Administrator's Report
November 27, 2019
Page 3
• Streets Update: S 140th St near 53rd Ave S has been paved. Street sweeping to remove
leaves continues citywide. Pothole repair is in process citywide. Crews cleaned under 1-405
and West Valley Hwy. Streetlight luminaires have been replaced on Boeing Access Road.
• HealthPoint Health and Wellness Center: HealthPoint has completed their stakeholder and
community engagement work for the future Tukwila Health and Wellness Center. They plan
to present their report to City Council in early 2020.
• Tukwila Village: The City and King County Library System provided a response to the
Transportation and Parking Management Plan that was submitted by Tukwila Village
Development Associates, LLC. The City and Library staff will continue to work with the
developer on the plan over the next few months.
• Tukwila Village Community Development Association (TCVDA): The TVCDA board will be
issuing a new Request for Proposals for management of the Sullivan Center for the next two
years while it continues to grow and establish itself.
Boards and Commissions
• Arts Commission: No vacancies.
• Civil Service Commission: No vacancies.
• COPCAB: Vacant Position: Student Representative.
• Equity & Social Justice Commission: Vacant Positions: Position #2 Community
Representative and Student Representative.
• Human Services Advisory Board: No vacancies
• Landmark Commission: No vacancies.
• Library Advisory Board: Vacant Position: Student Representative.
• Lodging Tax Advisory Committee: No vacancies.
• Park Commission: Vacant Positions: Position #2 Community Representative and Student
Representative.
• Planning Commission: No vacancies.
IV. Responses to Council/Citizen Inquiries
Date of Inquiry
Inquiry
Response
A resident suggested installing living
City Emergency Management is in
quarters for staff who are required to
negotiations with a local hotel to
work overtime in inclement weather
provide accommodations to City staff
or during emergencies.
who work overtime in emergency
November 18, 2019
Councilmember Quinn asked if the
situations.
City has an agreement with local
motels and hotels to provide
government pricing to City staff in
these situations.
Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov
247
City Administrator's Report
November 27, 2019
Page 4
Date of Inquiry
Inquiry
Response
Councilmember Seal met with the
An area map where free Wi-Fi is
Teens for Tukwila. She relayed their
available in the September/October
November 18, 2019
request for a map of free Wi-Fi
issue of the Hazelnut on the City's
hotspots available throughout the
website and has been provided to Nate
City.
Robinson, staff liaison for the Teens for
Tukwila, to share with the group.
Councilmember Kruller asked for an
Staff will schedule a presentation to
November 18, 2019
update regarding the plan for public
Council on this issue in early 2020.
art at the Public Safety facilities.
Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov
i•
TUKWILA PUBLIC SAFETY PLAN
Monthly Update
November 30, 2019
Overall Plan
Outreach
• Groundbreaking ceremony for all Public Safety Plan Projects at the future FS51 site was
held on Saturday, March 30, 2019.
Financial Oversight Committee
• The Committee reported to Council on September 4, 2018. The Chair of the Committee
presented to the Finance Committee on June 24, 2019.
• Next Committee Report to Council scheduled for end of 2019.
Siting Advisory Committee
• The Siting Advisory Committee voted to defer regular meetings as the major decisions
have been made. They will meet on an as -needed basis.
Acquisition Lease Updates
• Process is complete.
Disadvantaged Business Enterprise (DBE) Outreach
• See attached status report from outreach consultant Darling Nava.
Near -term Council Decisions and Key Dates
• Contract amendments to Public Safety Committee and Council
• Easement authority
• Fire Station 52 TCC
Fire Stations
Siting
• Complete.
Architecture and Programming
• Architectural program has been reviewed and approved by the team.
Design and Permitting
• All permits are issued for stations 51 & 52.
Bidding and Construction
• Construction for station 51 began in May 2019.
249
• Substantial Completion for station 51 is anticipated in May 2020
• Construction for station 52 began in June of 2019
• Substantial Completion for station 52 is anticipated in December 2020
• Station 52 Total Contract Cost amendment including the Administrative Space
Alternate was approved by the council on November 18, 2019.
• See monthly Construction Report for FS 51 and FS 52 construction progress and
photos.
Justice Center
Siting
• Complete.
Architecture and Programming
• Complete.
Design and Permitting
• Complete.
Bidding and Construction
• Construction began in April 2019.
• Substantial Completion is anticipated in September 2020.
• See monthly Construction Report for construction progress and photos.
Public Works Facili
:3
• Project is transferred to Public Works Department in August 2019.
• See attached Budget Report
Schedule
November 2019
• Fire Station 52 Lydig Total Contract Cost amendment approved by council
250
• Fire Station 52 phase 2 construction begins
December 2019 through May 2020
• All projects construction continues
May 2020
• Fire Station 51 Substantial Completion
June 2020
• Fire Station 51 Final completion
July 2020
• Fire Station 51 move-in/occupancy
September 2020
• Justice Center Substantial Completion
October 2020
• Justice Center furniture installation and move-in/occupancy
December 2020
• Fire Station 52 Substantial Completion
January 2021
• Fire Station 52 Final Completion
February/March 2021
• Fire Station 52 move-in/occupancy
251
252
TUKWILA PUBLIC SAFETY PROJECTS
Justice Center
SOJ
Construction Management Monthly Report
November 2019
Report Prepared by: Ethan Bernau
Report Reviewed by: Justine Kim
Owner's Representative: Shiels Obletz Johnsen (SOJ)
Architect: DLR Group
GCCM: BNBuilders
Construction Progress:
• Completed majority of exterior framing.
• Continued exterior insulated panel installation and started exterior metal panel installation
• Continued vapor barrier and roofing installation.
• Started interior framing and priority sheetrock.
• Started interior MEP installation: fire sprinkler and HVAC rough -in.
• Installed temp enclosure and temp heat to allow for drywall and MEP.
• Poured portions of sidewalk at North Parking Lot.
• Selected wood slabs from Foster Golf Course maple tree for fabrication and use in building.
Upcoming Activities:
• Start window glazing.
• Set rooftop HVAC equipment.
• Install skylights and complete roofing.
• Complete building "dry in".
• SCL installation of power pole for permanent building power.
Budget Status:
• See overall TPSP budget summary updated monthly and included in monthly report package.
Change Order Status:
• Change Order #3 submitted for unforeseen conditions associated with clean structural fill to replace
contaminated soils, removal of another underground storage tank (UST) and other misc. issues.
Schedule Status:
• See TPSP master project schedule updated monthly and included in monthly report package.
Critical Issues:
• Seattle City Light installation of power pole at Military Road S and 1501h - in coordination with City of
SeaTac project - to provide permanent power to building in January.
Tukwila Public Safety Plan - Justice Center- Monthly Report
1
253
Exterior Insulated Panels, Area A
Interior Framing and Drywall, 2n' Floor, Area A
Tukwila Public Safety Plan - Justice Center- Monthly Report
254
2
Main Entry Canopy, Area B
Interior Framing & Drywall at Electrical Room, Area C
Tukwila Public Safety Plan - Justice Center- Monthly Report
255
Sidewalk at North Parking Lot
Maple Tree Slab Selection
Tukwila Public Safety Plan - Justice Center- Monthly Report
256
4
TUKWILA PUBLIC SAFETY PROJECTS.
Fire Station 51
SOJ
Construction Management Monthly Report
November 2019
Report Reviewed bv: Justine Kim
Owner's Representative: Shiels Obletz Johnsen (SOJ)
Architect: Weinstein A+ U
GCCM: Lydig
Construction Progress:
• Electrical and Plumbing rough -in continues.
• Electrical Permit has been issued to allow inspections prior to interior GWB walls going up.
• Vapor barrier is installed.
• Roofing material is 1/3 complete on the lower roof.
• Gas raceway has been installed prior to PSE completing their work.
Upcoming Activities:
• Full Cover Roof dry -in to complete in December
• Masonry work to start in December.
• PSE Gas installation to start in December.
Budget Status:
• See overall TPSP budget summary updated monthly and included in monthly report package.
Change Order Status:
• Change Order #1 issued in October.
o CO #1$153,902.74 PCO #2 - Addendum #9 Design Changes
PCO #3 - Permanent Power Revisions
Schedule Status:
• See TPSP master project schedule updated monthly and included in monthly report package.
Critical Issues:
• None.
Tukwila Public Safety Plan - Fire Station 51- Monthly Report
1
257
ExteriorView North Building Elevation Progress
Interior View Apparatus Bay with Mezzanine Progress
Tukwila Public Safety Plan - Fire Station 51- Monthly Report
258
2
Interior View Progress
Tukwila Public Safety Plan - Fire Station 51- Monthly Report
259
260
TUKWILA PUBLIC SAFETY PROJECTS
Fire Station 52
SOJ
Construction Management Monthly Report
November2019
Report Reviewed bv: Justine Kim
Owner's Representative: Shiels Obletz Johnsen (SOJ)
Architect: Weinstein A+ U
GCCM: Lydig
Construction Progress:
• Detention vault work to complete backfill cover after completion of Wall #7.
• Phase #1 of PSE work to bring power to the station complete.
• Excavating for footings ongoing.
• Waterproofing of shoring wall #1 in progress.
• Shotcrete wall #1 poured November21"
• Building pad cut to sub -grade and base course added.
Upcoming Activities:
• Water Tie -In on 65" to be coordinated in early December.
• PSE Temporary Power to complete in December.
• Structural Steel to start in December.
• Zayo work to complete in December.
Budget Status:
. See overall TPSP budget summary updated monthly and included in monthly report package.
Change Order Status:
. No change orders issued to date.
Schedule Status:
• See TPSP master project schedule updated monthly and included in monthly report package.
Critical Issues:
• None.
Tukwila Public Safety Plan - Fire Station 52 - Monthly Report
1
261
Shoring wall #1— Waterproofing and shotcrete prep progress
Detention Vault Progress
Tukwila Public Safety Plan - Fire Station 52 - Monthly Report
262
Footings
15�
T?4. e,A.
Tukwila Public Safety Plan - Fire Station 52 - Monthly Report
3
263
264
N
O
Cal
C7
CV
O
N
CT
r
C)
N
co
O
N
t\
C)
CV
10
C)
CV
.- I
1
I I
III I'I]I
U Z z_ Z z U
O
Up O a Z 0
a a O z
U
a o z 0
o �
0
m
G —
h U
zZz
Q_
U U
O
aQ
Lli
U
zF
a
z
2
QO
z
pz
v)
ZO
U
Z
m
>
U
�
U
>
2
F-
zZZ_OUz
U
pO—Z
aaZOz
U
U
ac
z
-
ZO
m
>
a
U
U
O
�
UOWWU
O
aLLJ
U
Q
O
U
_
~
2
zO
Q
z
U
Z
coUl
>
a
U
O
O
zHaawww
U
O
aLo
Z
a
f
a
—
aa
C�7
— -
aa
a aQ=
F
O� Zp
aa
�
UL
z p
O z
U —
? O
o
0
m
265
266
H H H H H H H H H
H
00 O m
n h r v
N
H H H H H H H H H
H
O m PN o N
00 O 00 S K r M
n N m b
H H H H H H H H H
q
b
V
H
v .y
e —
F cn
o O u v o c c
>j
.w U oa. 2 o aF
H� Y O u� U •O
l6 a U U W U U U
HHHHHHHH
O
a0
O
V
O Q OO N
N a0 r
00 T h
Q N P
Q oo
(n H H H H H H
H
P
' r W
h r
N
Q b b
N -J
r
N
07
H y H H H
H{{ y
H
a
N P r b O
O
b M
M
IO
N
VI
H y H H H H y
H
H H H H H H y
H
O Q O N
V
b Q b O T O�
OQO
rMi P r M o0
�O
- O
<
H H H H H H H
H
H H H H
H
O O O O O O
O
O' 0 0 0 0 0
0
O O T M N �_
O N M P h
r
H H H H H H H
H
F m ❑ 0.
c U
O
o U you
CO CO T
9 . .
o
U
1Q.-1aUn.0
H H H H H H H
y
r Q r M r r
r
H H H H H H H
H
r b O
O
b O� QQN
V M
N
H H H H H H H
H
O O O O O O O
O
O O O O O O O
O O O O O O O
h� N P a W Vc
H H H H H H H
H
H H H H H H H
H
M N r
�o
NI
r
H H H H H H H
H
h O Q r h
' 00 R '
N
Vl
H H H H H H y
H
a n oc�h m C '
D
M Q b N W
N
H H H H H H y
H
H H H H H H H
H
n r b n b ri
N
H H H H H H H
H
H b n O� 'ten P
O N m 1% b w
H H H H H H H
H
O b 0 0 0 0 N
0
'Oif O N O O O Q
O
H H H H H H H
H
>v
�No
H �
U oa 2F
.N
d U "
O
o U1!0u
s
vo a a c e
.
A O O
Oi
n O O O
a] a U U a U
HHHHHHHH
a
h O O o 0o M
P Q Q
C O N
a
H H H H H H H
Q O O b
M
H
O
H H H H H H y
T
H
P Q N P
Q
N trf fir-.
N
Oro
N
N
H H y y H H y
H
N Q N
r N
a
O
b
N
H H H H H H H
N
H
M P O O N O Q
O
r M O •--M N
O
N M
M
H H H H H H H
H
O P O O h R b
r N T C N
... 00 .Q..M. r
H H H H H H H
H
r O ^' O' h VD P
O
N a{
N
M '
H H H H H H H
H
Fm m W
m u° 2F
oa
y d u
O
A U u U
F
—
c
v o a w v c
•� ....
O+ w C C ti
an.ciu°wv°
City of Tukwila
BNB - Justice Center
WMBE/DBE Participation
Scopes of Work that you Intend to
Award to WMBEs
Sub/Supplier Name
Certification
Approximate
Subcontract $
Amount
City of
Seattle Self-
Identified
OMWBE
State
Certification
OMWBE
Federal
Certification
SCS
Demo and Abatement
Rhine Demo
$ 192,995
Foundation, Structure,
Waterproofing
BNBuilders
$ 4,288,300
Earthwork and Utilities
Illiad
$ 4,874,410
Site Concrete
BNBuilders
$ 720,000
Site Concrete (Lower Tier)
Caliber Concrete
WBE
$ 520,550
Architectural Casework
BNBuilders
$ 1,186,000
Exterior Siding
Northshore Exteriors
$ 1,760,000
Roofing Systems
Axiom
#1027
$ 583,020
Doors and Hardware
BNBuilders
$ 1,577,000
Aluminum Systems
General Storefronts
$ 855,688
Painting and Coatings
Halili
WBE
$ 219,450
Acoustical Assemblies
AD[
$ 344,716
Insulation GWB Assemblies
Northwest Partition
$ 2,149,000
Flooring Covering
Great Floors
$ 486,296
Misc Specialties
BNBuilders
$ 977,000
Window Coverings
Iris
$ 47,269
Elevator
BNBuilders
$ 118,000
Fire Protection
Columbia Fire
#1599
$ 287,890
Mechanical
Johansen Mech
$ 3,284,321
Electrical
Valley Electric
$ 4,699,000
Paving and Striping
Lakeside Industries
$ 437,733
Irigation and Landscaping
RE Sides Landscaping
#1054
$ 1,020,000
Total Amount Intended to be Performed by SCS to Date: $ 2,630,910
Scopes where the sub/supplier is not
yet determined or committed
When do you anticipate making a
selection?
Do you
anticipate
using a SCS
Is this a
Spread the
Work SCS
Can only a
Sole Source
do the
work?
Approximate
Subcontract $
Amount
$
$
Total Amount Not Yet Committed to a Sub/Supplier:
$
Page 2/3
269
City of Tukwila
BNB - Justice Center
812012019
WMBE Participation
GC Contract Value $ 29,098,053.00
Award Amount: $ 4,645,946
Scopes of Work that you Intend to
Award to WMBEs
Sub/Supplier Name
Certification
Approximate
Subcontract $
Amount
City of
Seattle Self-
Certification
OMWBE State
Certification
OMWBE
Federal
Certification
SCS
Supplier of Hardware, Doors and Frames
Contract Hardware Inc.
SBE
$ 310,362
Site Concrete
Caliber Concrete
WBE
$ 520,550
Signage
Sign Wizards
SDBE/WSB
E
$ 36,236
Supplier
SnapTex
SBE/WBE/
MBE
$ 33,875
Shelving
Workpointe
SBE
$ 454,003
Plumbing
Redline Mechanical
X
$ 809,002
Controls
C&C Solutions
VOSBE
$ 235,700
Marble Supply
Skyline Marble
WBE
$ 88,000
Rubber Base Install
Zombie Base
WSBE
$ 4,758
Roofing Systems
Axiom
#1027
$ 583,020
Painting and Coatings
Halili
WBE
$ 219,450
Fire Protection
Columbia Fire
#1599
$ 287,890
Iri ation and Landscaping
RE Sides Landscaping
#1054
$ 1,020,000
TernSanitation (NSS)
Construction Site Services
$ 22,000
Waterproofing
Inland Waterproofinq
WBE
$ 21,100
Outreach Coordinator
Darling Nava I onsulting
M4F0026198
In Progress Participation:
$ 4,645,946
Percentage of Award Amount:
16%
Scopes where the sub/supplier is not
yet determined or committed
When do you anticipate making a
selection?
Do you anticipate
using a SCS
Is this a
Spread the
Work SCS
Can only a
Sole Source
do the
work?
Approximate
Subcontract $
Amount
$ -
$ -
Total Amount Not Yet Committed to a Sub/Supplier:
$
Page 2/3
270
c
0
c
0
0
>,
a
0)
N =
a�
9 O
o�
O 0
s 0)
o
� o
� o
Eo
_
C
_N 0)
U
E x
0
a) `o
(�
y=
a�
m
U �
c E
a c
c .4
f6 �
N
U
'o m
Q U
A c
w a)
C Q
o Q
Y
o s
3 m
o ro
O7
c
m
U
E
a
a�
w
J
w N
O d
(.)
L
d *'
m
fl-
N
CO
O
fl-
M
N
LO
N
O
M
(I)
00
r-
O
E L
7 Q'
z a
a
d d
U cm
++ m
+1
o
o
o
0
o
o
0
o
0
0
o
0
o
o
0
0
0;
0
0
C O
O)
co
M
O
O
f--
r
OLO
(n
LO
N
coOo
Df-
j
L U
Q
4Cl)
m
0)
L
CL
N
M
O
M
N
,Oa.
N
O
N
-
r
O
as
N
(o
LO
fl-
CD
M
CO
O
00
(o
V'
CO
U')
M
fl-
CD
O
cfl
L
0
r-
I-
N
M
M
(o
f�
I-
M
O
LO
;I-
O
-
V'
O
E
0 0R r
M
(O
(0
CO
(o
to
LO
LO
M
=
CO
00
_
o
y- U
0p
M
N
E
0 =
tN
W
(o
(f)
O
O
't
co
fl-
O
Cl)
d'
(o
1-
00
O
4)
() O
O
O
co
(()
(n
Cl)
N
00
co
O)
LO
(O
CO
IT
(o
+r O
C =
Qo
a0
a J
N
—
O
(O
(o
M
N
(()
(o
O
LO
N
M"t
r-
O)
f-
ti,
00
O
1-
—
(o
(U
Cl)
M
O
IT
00
M
(o
00
N
(o
O
O)
CO
M
CO
(o
(0
I-
00
M
r-
-f
r-
O
NC O
CO
(Y
n
L
7 L
O O
R
J
i
r
u
C
O
f)
3
U)
U
f4
C
O
o
U
O
a
.0
m
rn
00
U)
c
y
U
N
N
(6
N
CL
OCCNC
cn
Co
O
U
6
'VmO
U
J
NU)
UU
Q
7
X
C
UNU
a)J
'O
T
O
f4
-
(D
W
M
UU
E
>
O
C
N
wN
Z
X
N
E
a
U)
U
—
-O
C
N
a)
>,
co
m
Q
Q
Q
U
O
(7
2
���zz��
>
m
m
v
OD
m
a
271
272
City of Tukwila
Lydio Construction, Inc Fire Station #51 GC Contract Value $ 9,587,314.00
Updated 11.21.19 Award Amount: $ 2,219,102.00
WMBE Participation
Scopes of Work that you Intend to
Award to WMBEs
Sub/Supplier Name
Certification
Approximate
Subcontract $
Amount
City of
Seattle Self-
Certification
OMWBE State
Certification
OMWBE
Federal
Certification
SCS
Roofing
Axiom Division 7
SCS
$ 217,945
Site Concrete
Caliber Concrete Const
WBE
$ 394,500
Masoonry
Cascade Construction
SCS
$ 310,097
Fencing
Secure -A -Site
WBE
$ 299.000
Steel Erection
CHG Building Systems
SCS
$ 168,922
Overhead Doors
Crawford Door Company
SB, VOSB
$ 102,261
Fire Protection
Emerald Fire LLC
WBE
$ 49,750
Bituminous Waterproofing
Inland Waterproofing
WBE
$ 10,850
Striping
Stanley Patrick Striping
SCS
$ 4,834
Plumbing
Adept Mechanical
MBE
MBE / DBE
SCS
$ 659,596
Concrete Sawing
Salinas Sawing & Sealing
MBE
$ 1,347
Trucking
SilverStreak Inc
WBE
T/M
Site Services
Construction Site Services
MBE
WBE
T/M
Office Supplies
Keeney Office Supply
WBE
T/M
Total Amount Intended to be Performed by DBE to Date:
$ 2,219,102
Percentage of Contract Amount:
Y3%
Scopes where the sub/supplier is not
yet determined or committed
When do you anticipate making a selection?
Do you
anticipate
using a SCS
Is this a
Spread the
Work SCS
Can only a
Sole Source
do the
work?
Approximate
Subcontract $
Amount
$
$
$
Total Amount Not Yet Committed to a Sub/Supplier:
$
Page 2/3 23
7
a O
Z3
a)
a) Y
U O
Ln
� a)
0.9
U
C
CU a)
C Q-
O Q-
U (0
m
a)
E
Q
(D
U)
J
cn
y-
O d
L V
.Q
CD
M
O
O
M
O
LO
N
O
O
O
O
= Q.
Q'
Z
Q
CD
_U
RS
o
0
0
\
o
\
\
o
0
0
0
0
=
CO
O
O
N
O
N
CD
O
CD
CD
CD
CD
CD
�' a)
CD
O
Oco
O
O
O
O
O
Qi
O
O
co
O
co
rl-
0
0
0
0
0
Qa
c
d
00
CO
I-
Cfl
q
N
I'-
CO
O
LO
L'
00
O
CO
Ln
O
Il_
(fl
O
ti
E
0 0 ,F,
O)
00r-
o
w- U
r-
N
O
L
Co
C
_
0
N
w
N
CD
CD
CO
O
Ln
00
CD
CD
CD
CD
CD
a)i
00
(Y)
O
d'
U
ce)
O
CD
a0
Q...Q
Q �
J
N
00
Il-
I`
O
N
I—
00
CD
LO
i
O
O
CO
co
I'-
c-
O
I-
ct
:3
m
Lr
LO
O O
N
LC =
= L
O O
IC
J
U)
0
U
m
C
O
U
O
m
N
C
�
m
(n
M
O)
L
O
J
Q
O
V
N
C
C
O
E
m
V
L
O
�O
LL
}1
C
O
O
w
0)
C
O
O
a)
V
a)
U
i
c
+�
O
L
a)
c
O
a)
U
E
'L
U)
N
C
O
L
LL..
�'
N
>
U
~
O
U
a.
U
o
�
0
�
-
Y
a)
rn
cn
Y
a)
Y
c>CU
o
Ul
Q
W
(�
>
U
w
Q
li
Of
m
r
m
a)
OD
a
274
City of Tukwila
Lydig Construction, Inc Fire Station #51 GC Contract Value $ 6,801,879.00
Updated 11.21.19 Award Amount: $ 291,442.00
WMBE Participation
Scopes of Work that you Intend to
Award to WMBEs
Sub/Supplier Name
Certification
Approximate
Subcontract $
Amount
City of
Seattle Self-
Certification
OMWBE State
Certification
OMWBE
Federal
Certification
SCS
Structural Steel Erection
Corona Steel
MBE
$ 217,892
Damp & Waterproofing
Inland Waterproofing
WBE
$ 23,800
Fire Protection
Emerald Fire LLC
WBE
$ 49,750
"'Note: Not all contracts are bought out yet, and Mini-MACC does not include all scopes.
Total Amount Intended to be Performed by DBE to Date:
$ 291,442
Percentage of Contract Amount:
4%
Scopes where the sub/supplier is not
yet determined or committed
When do you anticipate making a selection?
Do you
anticipate
using a SCS
Is this a
Spread the
Work SCS
Can only a
Sole Source
do the
work?
Approximate
Subcontract $
Amount
$
$
$
Total Amount Not Yet Committed to a Sub/Supplier:
$
Page 2/3 275
0
N
n
N
n
n
y.+
a
�Q
a
G
O
Nam.+
d
V
i
Q
Q
T
a)
E
L
Q
O 0
0
0-0
+� g
U
c0
O O
O
�o
Eo
=3 LO
c
N
(� O
E U
x
— a)
N O
a) �
a) cy,
c0 In
U In
7
'_O E
'o C
c .o
N co
N
U =
m �
O N
Q U
a)
c CL
O Q-
Y Q
O O
2� U
0 a)
4- N
O O
L V
',I-
O
N
O
CO
O
O
O
O
O
O
O
O
O �
z O'
a
a)a)
O O
� a)
co
.
O
O
O
O
O
00
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
Q i
N
O
O
0
0
0
0
0
0
0
0
asco
CO
M
N
CO
M
I`
O
M
O
r-
O
O
ca
L
LO +,,
M
O
CO
In
00
M
CO
co
f�
co
r-
M
o
4-
N
cM
J
O
L
= a
w
N i
N
O
CD
00
M
O
�Y
CO
O
O
O
O
O
O
CD
O
U 7
LO
Ln
r
O
=
O
Q. o
CL
a �
J
i
LO
O
LO
O
N
00
CO
M
00
f`
1l-
CDM
r
O
f-
co
O
O
O
00
O
M
N
co
N O
C =
L
1
N
L
O O
f3
J
N
LO
U
fu
.f
C
O
V
7
U)
Os
'a
C
O
-
(D
U
U)
cC
L
(
U
L
a)
O)
C
C)
a)
_C
C U)
a)
Q
>
fC
c
O)
0
U
CY)
(n
E
=3
a-
O
E
=
O
W
0)-O
C
O
O
D
N
N
N
UO)
�
=
(Q
o
Q
U
O
U
a)
L
a
o
o
w
>
)
L
C_)
U
U
O
i
w
a
Y I
L
O
C
O
U
(Q
L
O
L
(B
C
(a
J
T
cn
N
co
A�A LO
1_
N =
cM O
L
a
a)
O
Cl) co
NC) ,N
a)
V
0) _
O
�O Q
Q
276
N
3
z
ei
N
3
z
cn
O1 3
3
z
V1 In
z
co
oo
3
3
N
z
z
a io ID
N N
o0
o0
I,
Ul In to u'1 u'7
N 01 O1
N N
m m
p0
r1 00 .-i 00 00
r
O lD lD
N h D1
V
o0 00
m N
m
m
oo
N
M
N O N N
m
Ol In O1
3
v m m
m
m
z
3
In
z
N
3
N
z
z
In
z
3
n N
z
z
z
ko
L
o0
rl
3
z
m
n N n Lq
vi oo Ln Ln
N
L
.--I
N N N
Ol m o0
N N
D z
N oo o0
m
O O
N
C9Z3,
�6 V
V
V1 oo Ul Vl Ln
oo 00 0o
u"1 Vl N N oo
.-i N
Vl
L j
'D
N r
V
oo
M n
`D 3
z
ri oo oo
V oo
m
LI)
Lei
oo
0O0 In In
oo oo
Ln
u'f
n Ln
o 6
In
m
\ oo 00
Ln
O 00 O O
O
In LO
1, V
ID <t O ll1 1, 00 00
c-I O r, N O O V
ci V r, N
N V oo I,
O V1 N V1 m Il N
n oo Ol r� al n n O Ol r� Ol o0 01
m V N oo N m V oo
r, V O m h N O m
c m O V
p o0 00 00 00
0
00
m V
o0 oo
e-I N N e-I O N N
00 W W 00 00 W DD
O V M M
m 00 00 00
N m O N m N m O m m m m m
m 00 00 00 m 00 00 00 00 00 00 0o w
N V O O N m d' m
o0 00 -00 00 00 00 00 00
U T Q1 a/ Ol
Ol
Ol 01
01 Q1 O1 Ol Ol 01 O1
01 Ol D1 O1
01 CJ1 Ol Q1 Ol T O1 Ol Ol Q1 Q1 O1 Ol
Ol Ol O1 D1 Ol O1 D1 Q1
IV
C �
C1 c
o) C
N N
N E Y
cu C
w
ar E
a
p N
E N_ °° o
E
E
_�
t o ¢
C
N
t c
o
U a
U
v
w
t Q N r v ac E_
O C Y
t y u v
'Q >
Z y C
GJ L % O
O) (0
Ol �
cUc fo
CL o u 7� m CJ
0_1 01
Y— E
N
N 7 C 0o y C N
a 7 bD Q �- N C 2 2 O O "O VOl
y C N fo
a W f0 w U= d C
Y
OJ O !0 C >
u-c
f0
>
Q
Y O
7 -O
O C
u 0 c
X
p C f0
v 3
` O Z V N N (0 01 N to L two N 7
Co ° U
O
t0 7 01 U 7 "O
o m n Co
° 3F a¢
V Q C
C
3 C
o m
3 C u u
o y
3 m n c o¢
O C T
"6 U U L
v p= c
Y C
E O O` ` O 01 O
z Vl
T
O of
z
N
p ccO O cc O
Z S
Ol +L+ O!
w a H
C O T
z V p
Z
Z
W [D W O] F
CC J
G C m LL
G G G K In Vl F
Q [D U O O W W LL
`a
c
W
m w
E m
m
c
o
v
>
o c
a
(D
Z
c
06
7
o
O
m
Z
c
C
U w
Y
(D
R
C
7
fo
Y
N
vVj
277
V
V
V
M
V
N N
V
lfl V1 N
lIl N
tl7 m
V1 N
N N
O
N N
N
M m N
Ln Ol
of V
m r
N
V
Ln N M
N
m
N
00 m N
lf7 V
lD
N
m m
m
V1
V1 '7 N
V 01
m
v m
m
In
f N N
M
N m
iD m v
N
m oo
lD
l(1 1/
N V
OM
oo
O
N
N
V V N
lIl
V1 to
u'1 V1
V
N Ol
Ol o0
V
Ol
N
u'1
N
to rl
m
V
V
m
v
0o
Ih o 0o
M N
m
- m
m
o
n
o n
a
,ri
v
o v
n a lo
o o
v
m V O lD a m O 00 I, O N N n ID 00 m e V) 00
N I m m O 00 m ID O m N V 00 N tD 00 m O
O m N m (D Ln M c O O V m O o m .-1 c-I m m N N
00 00 00 00 00 00 00 00 00 01 00 00 00 00 00 00 00 00 00 00 00
Ol Ol Q1 D1 Ql al Q1 Ol D1 O1 Ol Q1 01 O1 Q1 T Q1 al 01 Ol Q1
L
J
c E c 0
E E -M -0E r
a v 2 3 c E E.- c< J o 0
c O_ d C p C O y 'Y
C L J m d = 6. J
J S T Y O (0 L T l0 J N N O m 2 O C OCO .Q Y
N O m O m C of Y Y� L J .D .w w d C C _ c u
g g g g gO Y Y Y 2E 2:2 :2 Z C K K vl F- P
V 00 00 V 00
c-I c-I
3
z
z
Z
3
z
3
z
3
Z
u'1
Vl
n
n
u1
u1 Lf1
V
lD l0
N
o0 m
00 - N N
ct o m m
O O o
00 00 00 00
0) 0) 0) 0)
'0 N
E a`,
o a E
O v ,
a o y :Ec o Y
` C O O N G ry C
3 w° 2 o O W m
= m r LL
Z CD �° J
278
O\1 N
M ry ip ut m� l0 O O m Alt ut VI N O O O O� �
w Z
W
3 � Q
m z
o m M vi vi
� Z
n
ry
ti
n
n
N
b
N
b
N
b
t0
N
N
m
N
'i
a
m
W O m 0 N M ill n m 0 Ol N N n 0 d' n 0 al N N n O 111
� O V O O V O O O M O O vt V �l1 M N O O N N O O
O m m m m m m m W 00 m 00 m m m 00 m 00 00 m m m m m m m m m m m m m m m
V m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m
N
E
v v w w cu° v
nw o v= N c c V v o o N o N o
t v Y N E
$ o 3
E v— g
3
0 o o E �'
3 "> 3 L L w o w c` E — E 3 0 z 3 o v
w Z m w` Z Q Q m V V=— o Y O w in vi H F- Z Q Y Y F- z Q Q V V _m v
v
E
z
o w
u
279
UPCOMING MEETINGS AND EVENTS
DECEMBER 2019
DEC 2 MONDAY
DEC 3 TUESDAY
DEC 4 WEDNESDAY
DEC 5 THURSDAY
DEC 6 FRIDAY
DEC 7 SATURDAY
Fubli;Safety
Cemadttee
a Transportation &
Infrastructure
TRANSPORTATION
DROP -IN
. Equity & Social
Justice
n a
CANCELLED
Committee
• • �# Q •
Commission
rL1!�^l�L.��il-lt.�,'
5:30 PM
Hazelnut
Talk to representatives
5:15 PM
Community Center
0 ceM.et
Enter your home or
City Council
Conference Room
from King County Metro's
business! Entry form
Regular Meeting
ORCA To -Go, King County
due by 12:00 PM today.
Public Health's Access and
7:00 PM
Outreach, South King
Council Chambers.
Library Advisory
County Transportation
Board
Options and Hopelink to
5:30 PM
learn about riding the light
Community Center
rail, bus or bicycle, shuttles,
or to get an ORCA card
FREE PARTY with
1:30 PM - 3:30 PM
music, food and drinks!
Tukwila Library
Join the Artists in
14380 Tukwila Intl Blvd
Residence in
CELEBRATING the 1"
year of Tukwila's artist
residency program.
THANKING the people
who participated and
supported our work, and
SHARING your ideas
for what comes next!
6PM-8 PM
Community Center
12424 42nd Ave S
DEC 9 MONDAY
DEC 10 TUESDAY
DEC 11 WEDNESDAY
DEC 12 THURSDAY
DEC 13 FRIDAY
DEC 14 SATURDAY
Civil Service
: Community
: Park Commission
: Community
Commission
Development &
5:30 PM
Oriented -Policing
5,00 PM
Neighborhoods
Community Center
Citizens-AdWsesy
Human Resources
Committee
Board
Conference Room
5:30 PM
CANCELLED
"Joyous Celebration"
Hazelnut
concert with Rainier
Conference Room
Symphony.
e Finance
. Planning
Dec 14 - 7:30 PM
Committee
Cernmiesion
Dec 15 - 3:00 PM
5,30PM
Tukwila
CANCELLED
Hazelnut
International
Foster High Performing
Conference Room
Boulevard Action
Arts Center
4242 S 1441' St
Committee
7:00 PM
For more information and
Valley View Sewer
tickets, visit
District
www.RainierSymphony.
3460 S 148th
org.
RECEPTION
........... I— IN HONOR OF ......_....._
COuncllmember
Dennis Robertson
prior to Committee of the
Whole Meeting.
'. City Council
Committee of the
Whole Meeting
7:00 PM
Council Chambers
C.O.W. Meeting to be
immediately followed by
a Special Meeting.
Celebrate the season by participating in the 2019 Tukwila Holiday Lights Contestl Judging will take place the week of
(tip December 9, between the hours of 4 PM - 9 PM. Winners will be selected in the following categories:
Best Classical Display Best Offbeat Display Best Technical Display Best Business Display
Contest For more information, visit www.tukwilawa.gov/2019-holiday-lights-contestf.
Return entry forth by 12:00 PM on Friday, December 6 in person, by mail or email to:
Tukwila City Hall - City Clerk's Office Tukwila Community Center Laurel.Humphrey@TukwilaWA.gov
6200 Southcenter Blvd 12424 42" Ave S For general questions and inquiries,
Tukwila WA 98188 Tukwila WA 98168 call Laurel at 206-433-8993.
a
__involved, email Giving@TukwilaWA.gov or call 206-767-2342. How can you help this campaign?
HOST: Organizations, businesses, faith -based communities and service groups can host a Toy Drive, Book Drive, Blanket Drive, Hat Drive, Game
on Drive or Gift Card Drive. Tukwila Parks & Recreation staff will help you organize your effort by providing promotional materials, a collection bin and
other resources.
SPIRIT
DONATE THRU DECEMBER 11: Individuals and groups can donate directly to the campaign by dropping off new, unwrapped items at giving
' • of locations. Items needed are toys, art supplies, movie tickets, bowling certificates, games and gift cards.
GIVING DROP-OFF LOCATIONS: Tukwila Community Center and Tukwila City Hall
r= Tukwila in Motion has launched! Live, work or go to school in Tukwila? Explore your travel options and get a FREE ORCA CARD for 2
id weeks of unlimited travel! Offeravailable until December 15. Sign up at www.kingcounty.gov/inmotion.
TUKWILA IN MOTION
i- Arts Commission: 4th Wed., 6:00 PM, Tukwila Community Center. Contact Tracy Gallaway at 206-767-2305.
Civil Service Commission: 2nd Mon., 5:00 PM, Human Resources Conference Room. Contact Michelle Godyn at 206-431-2187.
Community Development and Neighborhoods Committee: 2nd & 4th Tues., 5:30 PM, Hazelnut Conference Room. Contact Laurel Humphrey at 206-433-8993.
COPCAB (Community Oriented Policing Citizens Advisory Board): 2nd Thurs., 6:30 PM, Duwamish Conference Room. Contact Chris Partman at 206-431-2197.
i Equity & Social Justice Commission: 1 st Thurs., 5:15 PM, Hazelnut Conference Room. Contact Niesha Fort -Brooks at 206-454-7564.
Finance Committee: 2nd & 4th Mon., 5:30 PM, Hazelnut Conference Room. Contact Laurel Humphrey at 206-433-8993.
Library Advisory Board: 1 st Tues., 5:30 PM, Community Center. Contact Stephanie Gardner at 206-767-2342.
Park Commission: 2nd Wed., 5:30 PM, Community Center. Contact Robert Eaton at 206-767-2332.
Planning Commission/Board of Architectural Review: 4th Thurs., 6:30 PM, Council Chambers at City Hall. Contact Wynetta Bivens at 206-431-3670.
Public Safety Committee: 1st & 3rd Mon., 5:30 PM, Hazelnut Conference Room. Contact Laurel Humphrey at 206-433-8993.
i Transportation and Infrastructure Committee: 1st & 3rd Tues., 5:30 PM, Hazelnut Conference Room. Contact Laurel Humphrey at 206-433-8993.
(2A) Project closeout and acceptance of Boeing Access Road over BNRR Bridge Rehabilitation. (2B) 2019 Committee Work Plan.
r Tukwila Historical Society: 3rd Thurs., 7:00 PM, Tukwila Heritage & Cultural Center, 14475 591h Avenue S. Contact Louise Jones -Brown at 206-244-4478. 281
i- Tukwila International Boulevard Action Committee: 2nd Tues., 7:00 PM, Valley View Sewer District. Contact Chief Bruce Linton at 206-433-1815.
Tentative Agenda Schedule
MONTH
MEETING 1 -
MEETING 2 -
MEETING 3 -
MEETING 4 -
REGULAR
C.O.W.
REGULAR
C.O.W.
December
2
9
16
23
See agenda packet
Special Presentation
cover sheet for this
Public Safety Bond Financial
week's agenda:
Oversight Committee Report.
December 2, 2019
Special Issues
Regular Meeting
A resolution recognizing
Councilmember Robertson.
A resolution on the School
levy.
An update on the Boeing
Access Road over BNRR
Bridge Rehabilitation
Project.
A fireworks Permit
submitted by Lam's
Seafood Asian Market for a
fireworks display at 243
Minkler Boulevard on
December 20, 2019.
Fireworks Permits for
Seawolves and Sounders.
Fire Department purchases
of ballistic vests for
$46,000 and SCBA air
compressor for new Fire
Station 51 for $90,000.
Cleanup costs for Hilltop
Homeless Camp in the
amount of $50,000.
C.O.W. Meeting to be
followed by Special
Meeting.
282