HomeMy WebLinkAboutCOW 2020-08-10 COMPLETE AGENDA PACKETTukwila City Council Agenda
• ❖ COMMITTEE OF THE WHOLE ❖
Allan Ekberg, Mayor Counci/members: ❖ Verna Seal ❖ Kathy Hougardy
David Cline, City Administrator ❖ Kate Kruller ❖ Thomas McLeod
De'Sean Quinn, Council President ❖ Zak Idan ❖ Cynthia Delostrinos Johnson
THE MEETING WILL NOT BE CONDUCTED AT TUKWILA CITY HALL, BASED ON THE GOVERNOR'S PROCLAMATION
20-28 ADOPTED MARCH 24, 2020 WHICH SAYS IN PART:
ANY PUBLIC AGENCY, SUBJECT TO RCW 42.30, IS PROHIBITED FROM CONDUCTING ANY MEETING, SUBJECT TO
RCW 42.30 UNLESS (A) THE MEETING IS NOT CONDUCTED IN -PERSON AND INSTEAD PROVIDES AN OPTION(S)
FOR THE PUBLIC TO ATTEND THE PROCEEDINGS THROUGH, AT MINIMUM, TELEPHONIC ACCESS, ..."
THE PHONE NUMBER FOR THE PUBLIC TO LISTEN TO THE MEETING IS:
1-253-292-9750, ACCESS CODE: 670077847#.
For Technical Support during the meeting call: 1-206-431-2179.
Monday, August 10, 2020; 7:00 PM Tukwila City Hall Council Chambers
1. CALL TO ORDER / PLEDGE OF ALLEGIANCE
2. PUBLIC
Those wishing to provide public comments will have the opportunity to deliver
COMMENTS
public comments via email. All written comments received by email to
citycouncil@tukwilawa.gov prior to 5:00 PM on the date of the meeting can be read
aloud during the meeting by City staff within the normal five-minute time limit.
Please clearly indicate whether you want your e-mail read during
Public Comments at the next Tukwila City Council meeting.
3. SPECIAL ISSUES
a. Weekly COVID-19 report.
Pg.1
b. COVID-19 financial impact report.
Pg.17
c. An interim flood plain management ordinance.
Pg.31
d. A contract for school speed zone automated safety cameras.
Pg.61
e. An ordinance regarding the Astound Broadband franchise agreement.
Pg.99
f. A briefing on tourism promotion and lodging taxes.
Pg.111
g. Fire Department 6-month financial report .
Pg.133
4. REPORTS
a. Mayor
b. City Council
c. Staff
d. Legislative Analyst
5. MISCELLANEOUS
6. ADJOURNMENT
This agenda is available at www.tukwilawa.gov, and in alternate formats with advance notice for those with disabilities.
ILRemote Tukwila Council meetings are audio taped (available at www.tukwilawa.gov)
COUNCIL AGENDA SYNOPSIS
Meeting Date
Prepared by
Mayors review
Council review
8/10/20
RB
ITEM INFORMATION
ITEM NO.
3.A.
STAFF SPONSOR: RACHEL BIANCHI
ORIGINAL AGENDA DATE: 8/ 10/ 20
AGENDA ITEM TITLE A weekly update on the City's planning and response to COVID-19 (Coronavirus)
CATEGORY ® Discussion
Mtg Date 08/10/20
❑ Motion
Mtg Date
❑ Resolution
Alt Date
❑ Ordinance
Alt Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Aft Date
❑Other
Mtg Date
SPONSOR ❑ Council ® Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ TS ❑ P&R ❑ Police ❑ PW
SPONSOR'S The City is actively engaged in regional efforts to address the Coronavirus (COVID-19).
SUMMARY Staff are providing the Council with updated information regarding the City's response to
COVID-19.
REVIEWED BY ❑ Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Com ❑ Planning/Economic Dev.
❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: N/A COMMITTEE CHAIR:
RECOMMENDATIONS:
SPONSOR/ADMIN. N/A
COMMITTEE N/A
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
08/10/20
MTG. DATE
ATTACHMENTS
08/10/20
Coronavirus Report
2
Coronavirus Response Update
August 10, 2020
Essential Services and City Operations
There are no changes to essential services or City operations since the last report. The Administration is
currently surveying staff to understand the impacts of public schools being closed this fall on the organization.
Staff leadership is seeking to understand how we can accommodate employees impacted by children engaged in
distance learning this fall.
Financial Stability
At the May 18 City Council meeting the Council approved various measures for the mayor to implement to
address the revenue shortfalls associated with the coronavirus pandemic. The Council continues to receive
regular updates on the implementation of the financial measures associated with the coronavirus pandemic, the
most recent of which is at the August 10, 2020 Committee of the Whole.
Police Staffing and Calls for Service
There have been no changes to Police staffing since the last report.
Below are the calls for service for the month of July, with the 2019 calls as reference:
2020 2,511
2019 2,985
Fire Staff ine and Calls for Service
There have been no changes to Fire staffing since the last report.
Please see attached detailed report on the calls for service for the month of July, 2020.
Human Services
Human Services assisted six households containing 19 individuals this week with rental assistance with a
combination of HB 1406 and City general fund dollars, totaling $6,550. One of the six households had significant
utility debt was also assisted.
Last week, City representatives from the King County Joint Recommendations Committee (JRC) approved round
two of the CARES Act (ESG) — CV funds that allocates $11,139,409 for operational, one-time structural
adjustments to shelters so they are in compliance with public health and CDC social distancing/isolation
guidelines, and funds to support Rapid Rehousing, a proven model that provides financial assistance to residents
moving out of shelter and into stable housing.
This week the Washington State Department of Commerce announced it is dedicating $100 million in state
CARES Act funding for rental assistance programs. These funds will be distributed to various community -based
3
organizations for distribution around the state; recipients can get up to three months in rent and the program is
expected to last through the end of the year.
Business Recovery
Business Re -Openings
As of August 5, King County continues in Phase 2 of Washington's "Safe Start" four phase business reopening
plan. On July 28th the Governor extended the pause indefinitely on counties moving into new phases of Safe
Start. He also announced additional guidance, most of which was covered in last week's coronavirus update. In
addition, in Phase 3, table size is reduced to 5 people and occupancy is reduced to 50%.
Business Assistance
Work continues on SavingLocalKC.com, ExperienceTukwila, and collaborating with the Chamber and other
regional organizations. On 8/3/20 the Planning and Economic Development Committee gave approval to staff to
accept the $31,965 grant from King County and use it for micro grants to very small businesses, generally in the
Tukwila International Boulevard area. Staff will be implementing that program over the next eight weeks.
Staff sent an email to all Tukwila businesses with updates on resources.
Economy
Community Attributes recently released an economic impact analysis for the Seattle region. Below are a few of
the key takeaways.
As of June 2020, the unemployment rate in the region is currently 9.3% for the Seattle MSA, down from 14.5% in
May. During the depths of the Global Financial Crisis in 2008, the Seattle MSA's unemployment rate peaked just
shy of 10%. These numbers paint a clearer picture of the magnitude of the economic shock our region is
experiencing, and the importance of working together on relief and recovery.
The virus has disproportionately impacted people of color, workers with less education, and low-income
workers. In the Seattle Metro area, more than 41% of individuals filing for unemployment between March 1 and
July 11 were a person of color or Hispanic. Additionally, approximately 32% of new filers had no more than a
high school diploma, compared with 26% of the regional adult population overall with a high school diploma or
less. Low income workers have been more severely impacted by COVID-19. According to the Federal Reserve,
39% of people working in February with a household income below $40,000 reported a job loss in March.
Meeting our Community's Basic Needs
Senior Meal Distribution
58 households made up of 65 seniors and 418 meals delivered this week. The senior meal program will be
funded through the end of the year through the Mayor's office.
Tukwila Food Pantry
The Tukwila Food Pantry remains busy with approximately 350 — 550 households served on each distribution
day of Saturday, Tuesday and Thursday.
11
Parks and Recreation Youth Summer Meals Program.
The Mobile Recreation program passed out 802 lunches and 779 breakfasts. They had 509 attendees and
distributed 560 recreation kits and 1,219 masks. Other community partners are distributing masks delivered to
them by the City, such as the Tukwila Pantry, Food Innovation Network, the Tukwila School District and Impact
Public Schools.
Public Safety Plan Construction Protects
There have been no changes to the Public Safety Plan projects since the last report.
Compliance with the Governor's Order
There have been no changes to compliance issues since the last report.
5
9
Tukwila Fire Department Volume Study
July '20 Edition
Fire Stn 54
Firje Stn 51
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pg. 1
Change in Case Volume Metrics ('20 vs '19)
Change in Total Case Volume
Change in EMS Case Volume
% Change '20 vs '19
% Change
Station January
June
Jul
YTD
Station Janua
Februa March
Aril
Ma
June
July
YTD
7% -23%
-24%
-23%
51
-11%
26% -12%
-50%
-49%
-30%
-27%
-23%
TarchMayay
5% -35%
-69%
-25%
52
3%
12% -1%
-35%
-59%
-41%
-74%
-30%
4% -46%
-23%
-22%
53
-6%
-7% 9%
-29%
-31%
-37%
-24%
-18%
5% -14%
-3%
-15%
54
-7%
-12% -13%
-31%
-24%
-8%
-7%
-15%
6% -26%
-20•0
-17%
AIITFD
-7%
4% -6%
-28%
-32%
-24%
-22%
-17%
Change in Fire Case Volume
Change in Service Case Volume
% Change '20 vs '19
% Change '20 vs '19
Station JanuaryFebrua
March April May June
Jul
YTD
Station JanuaryFebrua
March
Aril
May
June
Jul
YTD
51
-5%
-4%
-42% -20% -52% 00%
-18%
-21%
51
-50%
-42% 100%
-73%
17%
-31%
-14%
-32%
52
-7%
-22%
0% -11% 19% -25%
-47%
-14%
52
100'1
-50'1 50%
-80%
700'1
50%
-67%
4%
53
83%
-9%
-44% -1000/0 -24% -57%
-14%
-17%
53
-38%
-87% -57%
-86%
N/A
-80%
-67%
-60%
54
-35%
11%
63% 7% -41% -47%
-13%
-20%
54
-29%
-78% -80%
-14%
33%
400%
700%
-6%
All TFD
3%
-8%
-22% -9% -21% -31%
10%
-15%
All TFD
-32%
-69% -35%
-61%
100•1
-13%
-31%
-34%
Februa
51
-12%
11%
52
5%
-1%
53
6%
-23%
54
-11%
-14%
All TFD
-7%
-6%
# Change in Case Volume Metrics ('20 vs '19)
Change in Total Case Volume
Change in EMS Case Volume
# Change '20 vs '19
#Change '20 vs '19
Station JanuaryFebruarV
March April May June
July
YTD
Station January Februa March April May
June
July
YTD
51
-15
12
-22 -50 -59 -27
-32
-193
51 -10 19 -10 -38 -45
-23
-24
-131
52
4
-1
0 -28 -28 -33
-61
-147
52 2 6 -1 -23 -38
-29
-SO
-133
53
4
-18
-6 -24 -20 -37
-19
-120
53 -3 -4 5 -17 -21
-19
-13
-72
54
-18
-22
-17 -40 -38 -19
-4
-158
54 -9 -16 -18 -40 -32
-9
-8
-132
All TFD
-35
-29
-51 -131 -135 -130
-105
-616
AIITFD -28 14 -22 -105 -129
-85
-83
-438
Change
in Fire Case Volume
Change in Service Case Volume
#Change '20 vs '19
#Change '20 vs '19
Station January
Februa
March Aril Ma June
July
YTD
Station January FebruarN March April May
June
July
YTD
51
-1
-1
-14 -4 -14 0
-7
-41
51 -4 -5 2 -8 1
-4
-1
-19
52
-1
-4
0 -1 3 -5
-7
-15
52 3 -3 1 -4 7
1
-4
1
53
10
-1
-7 -1 -4 -13
-3
-19
53 -3 -13 -4 -6 5
-4
-4
-29
54
-7
1
5 1 -7 -14
-3
-24
54 -2 -7 -4 -1 1
4
7
-2
AIITFD
3
-7
-22 -6 -22 -40
-12
-106
AIITFD -10 -33 -7 -19 15
-3
-8
-65
Synopsis of Above Metrics
1. Total TFD Case Volume in July `20 represented a decrease of 20% compared to July '19 (Jan, Feb,
March, April, May, June averaged a 17% decrease). In other words, July '20 had 105 fewer cases than
July ' 19.
2. EMS continued carrying the case volume metrics lower, with 83 fewer in July '20 than July '19. There
were 12 fewer Fire cases and 8 fewer Service calls over these same ranges.
3. Year to date through July 31 St, total case volume for the Tukwila Fire Department has fallen 17%
compared to the same time frame in 2019. This equates to 616 fewer cases.
4. Be cautious when comparing station -specific trends due to Stn 54's Aid Car operating out of Stn 52
when staffing is low.
pg. 2
Additional notes:
1. Feb 2020 is a leap month with 3.57% more days than the previous three Febs.
2. Because of their infrequent occurrence, Fire and Service response calls are more subject to wilder "% Changes"
than EMS responses. YTD, we've averaged just a few of these types of calls (combined) each day. An increase or
decrease of just one of these types of calls per day would result in a change of about a third. This helps to
explain some of the volatility in the graphs and charts.
3. Station -related metrics are based on "Primary Station": while more than one station may respond to a single
call, only the station deemed as primary by ValleyCom gets the credit. In some cases, an OSA (Outside
Agency/Mutual Aid) unit will be designated as primary on a call within Tukwila. Those calls are included within
"All TFD" metrics but not within individual Station metrics.
pg. 3
Total Monthly Case Volume
180
160
140
120
100
80
60
40
20
0
2019
2020
2019
2020
2019
2020
51
52
53
■January
121
106
76
80
72
76
■ February
110
122
76
75
80
62
■ Mardi
116
94
90
90
79
73
■ April
107
57
80
52
76
52
■ May
126
67
81
53
85
65
■June
120
93
93
60
81
44
■ July
135
103
89
28
83
64
EMS Monthly Case Volume
160
140
120
100
80 — —
60
40
20
2019 2020 2019 2020 2019 2020
51 52 53
■ January 92 82 59 61 52 49
■ February 73 92 52 58 54 50
■ March 81 71 69 68 56 61
■April 76 38 66 43 59 42
■ May 92 47 64 26 68 47
■June 76 53 71 42 52 33
0 July 88 64 68 18 55 1 42
pg. 4
2019
158
154
150
149
153
139
147
2019
131
136
137
128
133
108
123
54
54
2020
140
132
133
109
115
120
143
2020
122
120
119
88
101
99
115
45
40
35
30
25
20
15
10
5
0
2019
■ January
21
■ February
24
■ Mardi
33
■ April
20
■ May
27
■June
31
■ July
40
16 —
14
12
10
8
6
4
2
0
2019
■ January 8
■ February 12
■ March 2
■April 11
■ May 6
■ June 13
■ July 7
w
2020
51
20
23
19
16
13
31
33
2020
51
4
7
4
Fire Monthly Case Volume
2019
14
18
19
9
16
20
15
2020 2019
52 53
13 12
14 11
19 16
8 10
19 17
15 23
8 22
2020
22
10
9
9
13
10
19
Service Monthly Case Volume
2019
20
9
8
14
17
30
23
IN
2020
54
13
10
13
15
10
16
20
iJLIJLLI
2019 2020 2019 2020 2019 2020
52 53 54
3 6 8 5 7 5
6 3 15 2 9 2
2 3 7 3 5 1
5 1 7 1 7 6
1 8 5 3 4
2 3 5 1 1 5
6 2 I 6 2 1 8
pg. 5
Total Monthly Case Volume
600
500
400
300
200
100
0
2016
2017
2018
2019
2020
EMS Monthly Case Volume
450
400
350
300
250
200
150
100
50
0
2016 2017 2018 2019 2020
pg. 6
Fire Monthly Case Volume
160
140
120
100
80
60
cq
20
0
2016 2017 2018 2019 2020
Service Monthly Case Volume
6q
50
40
30
I
20
10
0
2016 2017 2018 2019 2020
pg. 7
Total Cases EMS Cases Fire Cases Service Cases
Year
Month Name
# Cases
Year
Month Name
# Cases
--Year7
Month Name
# Cases
Year
Month Name
# Cases
2016
January
482
2016
January
377
2016
lianuary
84
2016
January
21
2016
February
456
2016
February
361
2016
February
65
2016
February
25
2016
March
519
2016
March
392
2016
March
93
2016
March
29
2016
April
464
2016
April
361
2016
April
86
2016
April
16
2016
May
489
2016
May
381
2016
May
85
2016
May
22
2016
June
489
2016
June
352
2016
June
111
2016
June
22
2016
July
535
2016
July
393
2016
July
110
2016
July
29
2016
August
532
2016
August
363
2016
August
140
2016
August
25
2016
September
429
2016
September
326
2016
September
79
2016
September
21
2016
October
483
2016
October
388
2016
October
70
2016
October
25
2016
November
433
2016
November
339
2016
November
73
2016
November
21
2016
December
440
2016
December
329
2016
December
82
2016
December
28
2017
January
448
2017
January
324
2017
January
89
2017
IJanuary
34
2017
February
475
2017
February
350
2017
February
66
2017
February
56
2017
March
522
2017
March
407
2017
March
92
2017
March
23
2017
April
459
2017
April
350
2017
April
72
2017
April
36
2017
May
474
2017
May
353
2017
May
100
2017
May
21
2017
June
508
2017
June
390
2017
June
87
2017
June
27
2017
July
526
2017
July
362
2017
July
143
2017
July
19
2017
August
531
2017
August
391
2017
August
111
2017
August
28
2017
September
456
2017
September
338
2017
September
98
2017
September
17
2017
October
477
2017
October
377
2017
October
77
2017
October
20
2017
November
526
2017
November
396
2017
November
95
2017
November
34
2017
December
469
2017
December
372
2017
December
73
2017
December
24
2018
January
475
2018
January
375
2018
January
77
2018
January
21
2018
February
433
2018
February
345
2018
February
56
2018
February
30
2018
March
448
2018
March
360
2018
March
61
2018
March
27
2018
April
447
2018
April
357
2018
April
75
2018
April
13
2018
May
485
2018
May
362
2018
May
101
2018
May
20
2018
June
527
2018
June
380
2018
June
112
2018
June
32
2018
July
489
2018
July
346
2018
July
116
2018
jJuly
24
2018
August
532
2018
August
374
2018
August
142
2018
jAugust
16
2018
September
499
2018
September
379
2018
September
91
2018
September
20
2018
October
487
2018
October
376
2018
October
88
2018
October
23
2018
November
465
2018
November
360
2018
November
73
2018
November
27
2018
December
430
2018
December
352
2018
December
44
2018
December
30
2019
January
504
2019
January
379
2019
January
93
2019
January
31
2019
February
488
2019
February
353
2019
February
83
2019
February
48
2019
March
508
2019
March
386
2019
March
101
2019
March
20
2019
April
477
2019
April
375
2019
April
70
2019
April
31
2019
May
520
2019
May
399
2019
May
104
2019
May
15
2019
June
507
2019
June
350
2019
June
131
2019
June
23
2019
July
533
2019
July
382
2019
July
121
2019
July
26
2019
August
501
2019
August
366
2019
August
102
2019
August
26
2019
September
478
2019
September
365
2019
September
93
2019
September
17
2019
October
453
2019
October
311
2019
October
110
2019
October
29
2019
November
475
2019
November
376
2019
November
69
2019
November
25
2019
December
535
2019
December
424
2019
December
82
2019
December
23
2020
January
469
2020
January
351
2020
January
96
202
JJanuary
21
2020
February
459
2020
February
367
2020
February
76
2020
February
15
2020
March
457
2020
March
364
2020
March
79
2020
March
13
2020
April
346
2020
April
270
2020
April
64
2020
April
12
2020
May
385
2020
May
270
2020
May
82
2020
May
30
2020
June
377
2020
June
265
2020
June
91
2020
June
20
2020
July
428
2020
July
299
2020
July
109
2020
July
18 ,
pg. 8
Call and Response Type Legend
Or . CALL TYPE
Literal Call Type
Response Type
ACCINF
Acc with In'
EMS
ACCMDF
ALS In' Acc
EMS
ACCWAF
VehAcc Inv Water
EMS
AFA
Fire Alarm
Fire
AID
Aid
EMS
AIDH
Aid Call Hazard
EMS
AIDMD
Aid Medic
EMS
AIDMDH
Aid Medic
EMS
AIDSVC
Aid Service
EMS
AIDUNK
Unknown Aid Call
EMS
BARK
Beauty Bark Fire
Fire
BRSH
BrushFire No Exp
Fire
BRSHEX
BrushFire Exp
Fire
CHIMNE
Chimney Fire
Fire
CO
CO Alarm
EMS
COMFIR
Commercial Fire
Fire
CPR
CPR in Progress
EMS
CPRF
CPR in Progress
EMS
DERAIF
Train Derailment
EMS
DROWNF
Drowning
EMS
DUMP
Dum ster No Exp
Fire
DUMPEX
Dum ster Exp
Fire
ELECTR
Electrical Fire
Fire
EXPLOS
Explosion No Fir
Fire
HZINV
Haz Mat Invest
EMS
HZLEAK
Haz Mat Leak
EMS
ILBURN
Illegal Bum
Fire
INFOF
Info - Non Dis
N/A
MC11F
MCI
EMS
MEDIC
I MEDIC Mutual Aid
JEMS
Or . CALL TYPE
Literal Call Type
Response Type
MINFIR
Minor Fir NoThrt
Fire
MUTUAL
Mutual Request
N/A
NGASIN
NatGas Lk Inside
Fire
NGASXT
NatGas Lk Outsid
Fire
NONSTR
NonThrt SmallFir
Fire
OBV
Obvious
EMS
ODF
Overdose
EMS
ODMDF
Overdose Medic
EMS
ODORIN
Odor Invest
Service
ODORXT
Odor Invest Out
Service
POOLF
Drowning Medic
EMS
RESCUE
Rescue
EMS
RESFIR
Residential Fire
Fire
RIVER
River Rescue
EMS
SERVIC
Non Aid Service
Service
SHACK
Shack Shed Fire
Fire
SHOTMF
Shooting Medic
EMS
SMOKXT
Smoke Invest Out
Fire
SPILL
Flammable Liquid
EMS
STABF
Stabbing
EMS
STABMF
Stabbing Medic
EMS
STORM
Storm
Service
SUSFIR
Poss Arson Out
Fire
SWFA
Swfa
Service
UNKFIR
Unk Type Fire
Fire
VEHCOM
Comm Veh Fire
Fire
VEHEX
Veh Fire W/Expo
Fire
VEHPAS
Pass Veh Fire
Fire
WASH
Washdown
Service
WIRES
I Power Lines Down
jSeNce
pg. 9
16
COUNCIL AGENDA SYNOPSIS
---------------------------------- Initials
Meeting Date
Prepared b
Ma ors review
Council review
08/ 10120
Vick
ITEM INFORMATION
ITEM NO.
33.
STAFF SPONSOR: VICKY CARLSEN
ORIGINAL AGENDA DATE: 08/10/20
AGENDA ITEM TITLE June Financial Update including COVID related data
CATEGORY ® Discussion
g Date 08/10/20
Aft
❑ Motion
Mtg Date
❑ Resolution
All Date
❑ Ordinance
All Date
❑ Bid Azvard
All Date
❑ Public Hearing
g Date
Aft
❑Other
Aft
g Date
SPONSOR ❑Council ❑Mayor ❑HR ❑DCD ®Finance ❑Fire ❑TS ❑P&R ❑Police ❑Ply ❑Court
SPONSOR'S General fund financial update including report out on COVID specific financial impacts as
SUMMARY required in Resolution No. 1987
REVIEWED BY ❑ Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dev.
❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: COMMITTEE CHAIR:
RECOMMENDATIONS:
SPONSOR/ADMIN. Finance
COMMITTEE
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
08/10/20
MTG. DATE
ATTACHMENTS
08/10/20
Informational Memorandum dated 08/10/20
17
in
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Finance Committee
FROM: Vicky Carlsen, Finance Director
BY: Jeff Friend, Fiscal Manager
CC: Mayor Ekberg
DATE: August 10, 2020
SUBJECT: General Fund Budget-to-Actuals and COVID-19 Impact Report
Summary
Resolution 1987 directed financial reporting on COVID-19 impacts twice a month. The City
received May sales tax data allowing for general fund revenues to be updated through the end of
May. This report reflects the following:
- General fund:
o Revenues as of May 31, 2020
o Expenditures as of June 30, 2020
- Capital projects funds:
o Revenues as of June 30, 2020
o Expenditures as of June 30, 2020
The revised budget (COVID-19) noted throughout the report is for financial analysis purposes
only. Any actual adjustments to the budget will require formal action from Council in the 4t" quarter
of 2020.
The purpose of the general fund budgets to actuals report is to summarize for the City Council
the general state of revenues and expenditures and to highlight significant items. The following
provides a high-level summary of the general fund financial performance and includes select
capital project funds.
The General Fund Report is based on financial data available as of July 29, 2020, for the period
ending May 31, 2020 for revenues and June 30, 2020 for expenditures. The allocated budget is
calculated to reflect monthly revenue patterns based on prior year activity with adjustments
specific to COVID-19. Additional details can be found within the attached financial report.
To summarize the general fund information below, revenues exceed the revised allocated budget
by $1.8 million and expenditures are below allocated budget by $125 thousand.
Revenues
The chart on page 2, reflects general fund revenue on a monthly basis. The green bar reflects
the adopted budget as amended on December 2, 2019, the blue bar indicates the revised budget
reflecting projected reductions due to COVID-19, and the orange bar indicates actuals each
month. In this report, revenues are reflected through May 31st and expenditures through June
30t". The chart has not yet been revised to reflect updated sales tax and property tax projections.
Staff is working on an updated financial forecast that will be presented on August 241". June
revenue will be updated after June sales tax revenue is received at the end of August and will be
included in first financial report in September. 19
INFORMATIONAL MEMO
Page 2
$8
$6
$4
$2
$0
JAN
FEB
MAR
GENERAL FUND REVENUE
CITY OF TUKW ILA
GENERAL FUND REVENUES
■ Adopted Budget ■ Revised Budget(Covid-19) Actual
APR
MAY
JUN
I
-M
M
JUL AUG SEP OCT NOV DEC
YTD AS OF MAY 31.2020
REVISED BUDGET
ADOPTED BUDGET
(COV I
D-19)
ACTUAL
SUMMARY BY REVENUE TYPE
2020 BDGT
2020
2020
2020
2020
VARIANCE- REVISED
ANNUAL
ALLOCATED
ANNUAL
ALLOCATED
2018
2019
2020
BDGT(COVID)
% RECT
PROPERTYTAX
16,416,911
8,679,615
16,416,911
4,179,615
8,094,130
8,219,100
5,067,350
887,735
31 %
SALES TAX
20,510,676
7,651,154
12,898,546
5,210,937
7,620,164
7,653,899
6,333,111
1,122,175
31%
ADMISSIONS TAX
870,000
377,149
470,246
234,748
421,938
414,792
318,714
83,966
37%
UTILITYTAX
4,464,610
2,039,367
3,816,260
1,718,604
1,840,458
1,703,529
1,580,502
(138,102)
35%
INTERFUND UTILITYTAX
2,412,000
1,326,448
2,412,000
1,326,448
946,854
1,300,992
1,425,766
99,318
59%
GAMBLING & EXCISE TAX
4,426,000
2,181,636
2,064,567
1,977,876
1,969,600
1,964,337
1,654,144
(323,732)
37%
TOTAL GENERAL REVENUE
49,100,197
22,255,368
38,078,530
14,648,227
20,893,145
21,256,648
16,379,587
1,731,360
33%
LICENSES AND PERMITS
6,784,894
2,793,221
6,784,894
2,793,221
3,467,022
3,728,917
3,320,459
527,238
49%
INTERGOVERNMENTAL REVENUE
4,403,506
2,073,926
4,403,506
2,073,926
1,490,828
2,118,913
1,932,528
(141,399)
44%
CHARGES FOR SERVICES
2,588,707
741,595
2,107,235
936,953
787,854
1,319,996
382,368
(554,585)
15%
OTHER INCOME
4,398,189
1,625,096
3,806,470
1,486,212
1,414,740
1,486,606
1,139,993
253,780
40%
TOTAL OPERATING REVENUE
67,275,493
29,489,206
55,180,635
21,938,540
28,053,588
29,911,080
23,754,934
1 1,816,395
35%
TRANSFERS IN
200,000
-
200,000
-
-
-
-
I -
0%
TOTAL REVENUE
67,475,493
29,489,206
55,380,635
21,938,540
28,053,588
29,911,080
23,754,934
1 1,816,395
351
Percent of year 42%
Total General Fund revenue through May 31 st was $23.8 million and is above the revised allocated
budget by $1.8 million. The higher than expected actuals in January is mainly due to business
license renewal activity. Business license revenue was higher than projected in January and
February due to a timing difference resulting in transitioning to the State. Business license
revenue that was anticipated in December 2019 was received in the first two months of this year.
March is the first month that the City experienced revenue loss due to the pandemic.
Revenue through May is also higher than projected due to property tax and sales tax revenue.
King County allowed certain property owners to pay the 1 st installment 30 days later than normal.
Less property owners than expected took advantage of this opportunity, which resulted in a timing
difference that will be offset in June. By year-end, the City does anticipate property tax revenue
to be close to budget. The timing adjustment for property tax was a $2 million reduction in May
with an offsetting increase of $2 million in June.
The sales tax table on the next page presents the dollar change over the last three reported
20 months, comparing 2020 industry year to the same period last year. Construction was stronger in
INFORMATIONAL MEMO
Page 3
Mar — May 2020 compared to the same period last year. This added to the increase over projected
revenues. However, the Retail Trade is down more than 55% over the same period last year.
Accommodation and Food Service is also down significantly, over 47%, compared to the same
period of Mar — May 2019. The reduction in the retail and accommodation/food service sectors
was expected.
Mar - May 2019 vs 2020
By Major Industry
3,000,000
2,500,000
2,000,000
1,500,000
1,000,000
500,000
0 ■
Accommodation and Food Construction Retail Trade
Services
■ Mar - May 2019 ■ Mar - May 2020
Industry Mar- May 2019
Mar- May 2020
$ Variance
%Variance
Accommodation and Food Services 702,923
304,084
(398,839)
-56.7%
Construction 376,141
712,019
335,878
89.3%
Retail Trade 2,521,519
1,313,109
(1,208,410)
-47.9%
21
INFORMATIONAL MEMO
Page 4
Expenditures
General Fund expenditures totaled $30 million through June, which is $125 thousand less than
the revised allocated budget of $30.1 million adjusted for the impacts of the COVID-19 pandemic.
C
$14
c
0
$12
$10
$8
$6
$4
$2
$0
GENERAL FUND EXPENDITURES
Adopted Budget Revised Budget (Covid-19) Actual
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV
Expenditure Type Variances
11
DEC
The chart below reflects both adopted budget, as amended on December 2, 2019 along with the
allocated budget as well as a revised budget that captures the reductions from phase I (reduce
overtime, travel and training, capital transfers, and extra labor), phase II (departmental budget
scrubs), and phase III (labor reductions). It does not currently reflect any use of contingency
funds as that will require Council action at a later date.
Lootings
Twenty-six businesses were broken into at the end of May and beginning of June. The mass
lootings required a strong police presence that resulted in overtime costs. Fire staff were also on
standby while Public Works incurred some costs related to closing streets. This chart is now
updated with related supplies expenditures for June.
MAYI JUNE
UNBUDGETED I BUDGETED I UNBUDGETED
Salaries and
Department
Overtime
Benefits
Overtime
Supplies
Total
Police
$ 24,357
$ -
$ 33,617
$ 4,408
$62,382
Fire
435
-
1,003
-
1,438
Street Maintenance I
- 1
2,064
2,064
Total
1 $ 24,792
1 $ 2,0641
$ 34,620
1 $ 4,4081
$ 65, 884
22
INFORMATIONAL MEMO
Page 5
GENERALFUND
CITY OF TUKWILA
Year -to -Date as of June 30, 2020
REVISED BUDGET
COMPARISON OF
BUDGET
ACTUAL
(COVID-19)
RESULTS
REVISED BUDGET
SALARIES AND BENEFITS
AL; I UAL
OVER/(UNDER)
2020
ALL ATED
2020ANNUAL
2020 ALLOCATED
2020 ANNUAL
ALLOCATED
2018
2019
2020
BOOT % EXPENDED
11 Salaries
30,064,147
15,032,074
28,423,730
14,624,354
13,466,391
14,177,655
14,376,560
(247,795)
51%
12 Extra Labor
764,697
383,278
91,386
157,410
291,306
339,944
118,475
(38,935)
130%
13 Overtime
1,354,099
677,616
354,099
277,616
689,733
923,383
520,728
243,112
147%
15 Holiday Pay
555,369
65,000
555,369
65,000
94,903
75,442
63,624
(1,376)
11%
21 FICA
2,100,726
1,050,363
1,928,893
1,000,636
885,839
924,878
899,048
(101,588)
47%
22 Pension-LEOFF 2
913,369
456,685
870,169
439,405
415,357
442,896
587,334
147,930
67%
23 Pension-PERS/PSERS
1,805,556
902,778
1,525,232
821,655
824,456
878,175
863,764
42,109
57%
24 Industrial Insurance
934,878
467,439
934,878
467,439
299,866
412,785
468,241
802
50%
25 Medical & Dental
6,457,336
3,228,668
6,202,336
3,126,668
2,754,779
2,869,798
3,156,066
29,398
51%
26 Unemployment
-
-
200,000
15,000
18,354
10,400
27,319
12,319
14%
28 Uniform/Clothing
8,525
1,923
8,525
1,923
1,738
1,313
1,094
(829)
13%
Total Salaries and Benefits
44,958,702
22,265,822
41,094,618
20,997,105
19,742,723
21,056,668
21,082,254
85,148
51%
BUDGET
REVISED
(COVID-19)
BUDGET
ACTUAL
COMPARISON
RESULTS
OF
SUPPLIES, SERVICES, AND
REVISED BUDGET
CAPITAL
ACTUAL
OVER/(UNDER)
2020
ALL ATED
2020 ANNUAL
2020 ALLOCATED
2020 ANNUAL
ALLOCATED
2018
2019
2020
BOOT % EXPENDED
0 Transfers
7,319,140
2,160,815
6,119,140
1,560,815
3,907,572
3,400,593
1,968,595
407,780
32%
31 Supplies
1,066,112
576,434
936,890
524,745
479,787
784,127
350,217
(174,528)
37%
34 Items Purchased for resale
22,000
22,000
22,000
22,000
16,954
18,029
1,253
(20,747)
6%
35 Small Tools
133,569
62,549
86,569
43,749
38,837
59,677
44,048
299
51%
41 Professional Services
5,908,964
2,837,572
5,546,983
2,692,779
2,826,139
2,833,659
2,326,290
(366,489)
42%
42 Communication
434,600
217,300
429,600
215,300
179,975
184,439
204,989
(10,311)
48%
43 Travel
159,630
81,638
18,496
13,771
77,146
106,861
29,925
16,154
162%
44 Advertising
47,550
25,007
31,550
18,607
19,946
10,377
5,545
(13,063)
18%
45 Rentals and Leases
2,422,514
1,211,257
1,400,579
700,290
1,199,867
1,548,697
652,698
(47,592)
47%
46 Insurance
1,047,762
1,047,762
1,007,762
1,031,762
974,066
889,957
987,671
(44,091)
98%
47 Public Utilities
2,069,101
1,508,529
2,053,101
1,502,129
957,053
1,444,442
1,405,645
(96,484)
68%
48 Repairs and Maintenance
587,912
311,222
512,912
281,222
199,954
356,616
407,564
126,342
79%
49 Miscellaneous
1,273,723
623,962
1,040,875
530,822
718,363
580,644
537,874
7,051
52%
64 Machinery & Equipment
270,000
115,000
240,000
-
46,590
45,228
5,495
5,495
2%
Total Supplies, Services, and Capital
22,762,577
10,801,047
19,446,457
9,137,991
11,642,248
12,263,345
8,927,807
(210,184)
46%
Total Expenditures
67,721,279
33,066,869
60,541,075
30,135,097
31,384,971
33,320,014
30,010,061
(125,036)
50%
Percent of year completed 50 %
Transfers
The transfers line includes budgeted transfers for debt service and certain capital projects.
Transfers show above allocated budget due to timing differences of when funds were transferred
in 2020 vs last year but total transfers to date are only 32% of the adopted budget. It should be
noted, because of existing funds in the PW Shops fund, no transfers from the general fund for
this project have been required to date.
COVID Expenditures
General Fund expenditures related to the COVID-19 pandemic began to be incurred in March.
These expenditures totaled $488,852 through June 30t" and are reported by department in the
schedule below. COVID related expenditures in salaries and benefits include time dedicated to
the emergency operations center (EOC) as well as time spent analyzing the financial impacts of
the pandemic. Overtime and supplies are for time outside of normal operations spent in the EOC
as well as time responding directly to COVID-19 related activities. Supplies are for additional
PPE and disinfectant supplies.
Unbudgeted costs can be applied against CARES Act funding or FEMA funding and will not affect
ending fund balance. Budgeted salaries and benefits for time that has been redirected to
responding to the pandemic could qualify for reimbursement from CARES Act funding. Any
reimbursement for budgeted salaries and benefits would reduce the need for contingency funds 23
INFORMATIONAL MEMO
Page 6
24
because the City had not received confirmation that CARES Act funding would be available.
Reimbursement of these costs were not included in the proposal to close the $12 million revenue
gap.
BUDGETED I UNBUDGETED
Department
Salaries and
Benefits
Overtime Supplies
and Benefits
Department
Total
Council
$ 1,784
$ - $ 287
$ 2,071
Mayor
72,703
- 284
72,987
Admin Services
36,354
- 399
36,753
Finance
39,434
386 372
40,192
Recreation
204,560
- 16,306
220,865
DCD
3,712
- 1,322
5,033
Court
114
137 3,401
3,652
Police
18,600
4,379 11,543
34,522
Fire
16,269
8,015 12,784
37,069
TIS
390
- 45
435
Public Works
6,673
318 13,805
20,796
Park Maintenance
14,476
- -
14,476
Total
$ 415,0691
$ 13,236 $ 60,548
$ 488,852
COVID-19 Related Grants Available to the City
There are several grant opportunities now available to the City to offset some of the costs incurred
related to the pandemic. Below is a chart listing grant opportunities as well as what the funds
may be used for. It should be noted that all of the grants are reimbursement and cannot be used
to offset loss of revenue.
The chart will be updated as new information becomes available. Staff will return in the near
future with a plan to maximize the use of all known, available funding.
Grant
Amount
Eligible Uses
Status
CARES Act
$627,900
- Expenditures incurred
Contract has been
through Dept. of
directly related to
signed and returned to
Commerce
responding to COVID-19
Department of
(supplies, overtime,
Commerce for full
regular time that has
execution
substantially shifted focus
to the pandemic,
unemployment, etc.)
- Providing economic support
to those suffering from
unemployment
- Providing economic support
to business interruptions
FEMA
No cap, reimburses
Unbudgeted expenditures incurred
Contract completed.
75% of expenditures
directly related to responding to
Can submit for
not covered with
COVID-19
reimbursement at any
other resources
time
FEMA -
To be determined
Assistance to food pantry
In process
CARES
King County
$31,965
Assistance to small businesses
On June 191h, the City
was notified that we
INFORMATIONAL MEMO
Page 7
are eligible to receive
$31,965. On August
3, 2020, the Planning
& Economic
Development
Committee authorized
staff to accept the
grant and use the
funds for direct grants
to very small
businesses with a
focus on the Tukwila
International Blvd.
area
CESF — Dept.
$49,000
Expenditures incurred directly
Grant has been
of Justice
related to responding to COVID-
awarded. Contract is
Assistance
19
being processed
EFSP
City of Tukwila does
Supplement existing emergency
Forwarded to TCS
Emergency
not qualify for this
food & shelter program
and Tukwila Pantry
Food & Shelter
grant
Prog
HungerCorps
Four VISTA
HungerCorps will assist
Contract awarded
VISTA
AmeriCorps
Recreation staff to distribute food
AmeriCorps
HungerCorps
as part of the mobile recreation
students. Value:
program
35,500
Port of Seattle
$20,930 total grant
Application included residential
Recommended
application
component within digital media
revisions approved by
program to grow tourism,
Planning & Economic
development attraction, etc.
Development
Suggestion has been made to
Committee on July 7,
revise application to focus more
2020
on business recovery and direct
$7,000 of the total $20,930
application to business recovery.
Additional information can be
found in item 1a on the July 6,
2020 Planning & Economic
Development Committee meeting
25
INFORMATIONAL MEMO
Page 8
Selected Capital Projects Funds
Financial analysis regarding the impacts of the COVID-19 pandemic include ongoing review of
certain capital projects funds including residential streets (fund 103), arterial streets (fund 104),
and general government improvements (fund 303). The narrative below highlights planned capital
projects along with decisions that have already been made and decision points for future
meetings. The narrative is followed by financial statements reflecting activity through April 30,
2020 as well as projected activity through the end of the year.
Residential Streets
The most impactful issue in this fund relates to the 42nd Ave S and 53rd Ave S roadway projects.
Both projects are completed and are awaiting final closeout and payments to contractors. The
project budgets reflected in the financial statements are estimates at this time. Staff is working to
determine full final costs and will update budgets when revised information is received. Until the
City has updated information on these two projects, the fund will continue to show a negative fund
balance. It should also be noted that the negative fund balance is only an estimate and will only
end the year in a negative position if all identified expenditures are paid this year. The fund
currently has a aositive cash balance and a aositive fund balance.
Arterial Streets
42nd Ave S Bridge: The City Council authorized funding of up to $1 million ($320 thousand
general fund, $680 thousand solid waste utility tax) for 30% design. There is a possibility that a
federal infrastructure bill could include funding for "shovel ready" projects. In order for this project
to have the best chance of receiving funding, the project would need to be at least 30% designed.
The City expects to select a design consultant later this summer to get to 30% design. Since
funding for the highest priority areas for overlay have been identified, staff is recommending that
a decision on whether to fund this project or redirect funds elsewhere, be delayed until the true
cost of design is understood.
S 119th St Ped Bridge painting: Not funding this project will only delay the project, not cancel it.
There is a limited window of opportunity to paint the bridge due to weather and fish cycles.
Removing funding for this project will delay the project until at least 2021.
Overlay. At the June 8, 2020 Committee of the Whole meeting, there was Council consensus to
move forward with the recommendation from the Transportation & Infrastructure Committee to
fund the two highest priority overlay projects. The budget has been adjusted to reflect the
increase in budget.
General Government Improvement
Siding repair at TCC: Siding repair for TCC has been listed as a project as early as 2018. When
the 2019-2020 budget was drafted, the expectation was that $200 thousand in siding and roofing
repairs at TCC would occur. Last year, the city received bids for Phase I I I of the project; the lowest
proposal being $116,589. At the July 13th Council of the Whole meeting, consensus existed to
forward this item to the consent agenda at the following Regular meeting. Budget for this project
is $120 thousand and funding currently exists in the general government improvement fund.
Facilities Study. This project is also funded out of the general government improvement. Staff is
reworking the scope of this project per comments received from City Council at the June 8, 2020
Committee of the Whole meeting.
26
INFORMATIONAL MEMO
Page 9
City of Tukwila
Residential Street Fund 103 - Revenue and Expenditures
Year -to -Date as of June 30, 2020
2020
Variance
Annual
Revised (COVID)
Actual Expected
Total
Over/(Under)
% of COVID
Budget
Budget
Year -To -Date + Through YE =
Projected YE
COV ID Budget
Budget
REVENUE:
General Revenue
Solid Waste/Recycling Utility Tax
-
-
40,651 -
40,651
40,651
-
40,651 -
40,651
40,651
-
Total Intergovernmental Revenue - -
Intergovernmental Revenue
Indirect Federal - SRTS
3,454,000
3,454,000
-
-
(3,454,000)
0.0%
StateGrant- Macadam
1,847,000
1,847,000
- -
-
(1,847,000)
0.0%
State Entitlements - MVFT Cities
290.000
200.000
108.210 91.790
200.000
100.0%
Total Intergovernmental Revenue
Miscellaneous Revenue
Charges for services
Investment earnings
Total Miscellaneous Revenue
Transfers In
Total Revenues
EXPENDITURES:
46thAve Safe Routes to School
Macadam Rd S Complete Street
S 152nd St Safe Routes to School
Traffic Calming/Residential Safety
53rd Ave S
42nd Ave S Phase III
Interfund Loan Repayment
Total Expenditures
Change in fund balances
Beginning Fund Balance
Ending Fund Balance
- 134,682 134,682 134,682 100.0%
20,000 - - - - - -
20,000 134,682 134,682 - 134,682 673.4%
100,000 100,000 - 100,000 100,000 100.0%
5,711,000
5,735,682
283,544
191,790
475,334
(5,260,349)
5 %
1,832,000
1,832,000
-
-
-
(1,832,000)
0.0%
1,847,000
1,847,000
(1,847,000)
0.0%
1,622,000
1,622,000
-
-
-
(1,622,000)
0.0%
400,000
50,000
22,929
27,071
50,000
100.0%
-
399,000
147,106
251,894
399,000
100.0%
378,000
32,644
345,356
378,000
100.0%
336,932
1 252,500
84,433
336,932
1
100.0%
10,000
(729,250)
(688,599)
40,651
94.4%
141,586
141,586
141,586
0
100.0%
27
INFORMATIONAL MEMO
Page 10
City of Tukwila
Arterial Street Fund 104 - Revenue and Expenditures
Year -to -Date as of June 30, 2020
2020
Variance
Annual
Revised (COVID)
Actual
Expected
Total
Over/(Under)
% of Annual
Budget
Budget
Year -To -Date +
Through YE =
Projected YE
Allocated Budget
Budget
REVENUE:
General Revenue
Parking Tax
470,000
300,000
143,728
156,272
300,000
0
64%
WFTCities
137,000
100,000
67,065
32,935
100,000
0
73%
Solid Waste Utility Tax
680,000
680,000
-
680,000
680,000
0
100%
Real Estate Excise Taxes
500,000
500,000
139,859
360,141
500,000
0
100 %
Total General Revenue
1,787,000
1,580,000
350,653
1,229,347
1,580,000
-
88.4%
Charges for Sevices
Park impact Fees
300,000
300,000
-
300,000
300,000
-
100.0%
Traffic Impact Fees
213,000
213,000
242,202
157,798
400,000
187,000
187.8%
Total Charges for Services
513,000
513,000
242,202
457,798
700,000
187,000
136.5%
Intergovernmental Revenue
Strander Grants
38,389,000
-
-
-
0
-
0.0%
Federal-42nd Ave
1,280,000
-
-
-
0
-
0.0%
Boeing Access Bridge Over Airport We
2,614,000
2,614,000
-
2,614,000
2,614,000
-
100.0%
State Grant - West Valley Highw ay
2,694,000
2,694,000
63,955
2,630,045
2,694,000
-
100.0%
Total Charges for Services
44,977,000
5,308,000
63,955
5,244,045
5,308,000
-
11.8%
Miscellaneous Revenue
Investment earnings
20,000
15,000
11,127
2,000
13,127
(1,873)
65.6%
Contributions/Donations
30,000
30,000
2,700
-
2,700
(27,300)
9.0%
Total Miscellaneous Revenue
50,000
45,000
13,827
15,827
(29,173)
31.7%
Transfers In
1,000,000
-
-
-
-
-
0.0%
Total Revenues
48,327,000
7,446,000
670,638
6,931,190
7,603,827
157,827
15.7%
EXPENDITURES:
Overhead (Salaries & Benefits)
485,382
485,382
136,593
267,653
404,245
(81,137)
83.3%
Strander Blvd. Extension
38,389,000
622,362
2,795
622,362
625,157
(37,763,843)
1.6%
BAR over Airport Way Seismic Retrofit
2,614,000
2,614,000
48,826
2,565,174
2,614,000
-
100.0%
West Valley Highway
3,195,000
2,694,000
142,375
2,551,625
2,694,000
(501,000)
84.3%
42nd Ave S Bridge Replacement
1,600,000
1,000,000
1,363
998,637
1,000,000
(600,000)
62.5%
S 144th St Bridge - Sidewalks
227,000
227,000
-
-
-
(227,000)
0.0%
S 119th St Ped Bridge
200,000
200,000
-
200,000
200,000
-
100.0%
ADA Improvements
50,000
-
-
-
-
(50,000)
0.0%
Wetland & Environmental Mitigation
40,000
40,000
15,677
24,323
40,000
-
100.0%
Transportation Comp Bement Plan
400,000
200,000
-
200,000
200,000
(200,000)
50.0%
Walk & Roll
75,000
-
-
-
-
(75,000)
0.0%
Annual Overlay
1,400,000
510,000
149,441
360,559
510,000
(890,000)
36.4%
Annual Bridge Inspections
135,000
269,000
2,412
266,588
269,000
134,000
199.3%
Annual Traffic Signals
125,000
62,500
-
62,500
62,500
(62,500)
50.0%
Transfer Park Impact Fees to Fund 301
-
1,009,000
-
1,009,000
1,009,000
1,009,000
-
Other Misc. Capital Projects
-
-
15,865
13,795
29,660
TIB Channelization Study
-
-
11,205
13,795
25,000
25,000
-
2019 Traffic Calming/Res Safety
-
-
1,689
-
1,689
1,689
-
TUC Pedestnar✓Bicycle Bridge
-
-
1,505
-
1,505
1,505
-
S 196th/200th St Bridge
-
-
1,304
-
1,304
1,304
-
S 144th St Phase II (42nd Ave S - TIB)
-
161
-
161
161
-
TotalExpenditures�
48,935,382
9,933,244
515,346
9,142,216
9,657,562
(39,277,820)
19.7%
Change in fund balances
(608,382)
(2,487,244)
155,292
(2,211,026)
(2,053,734)
433,510
337.6%
Beginning Fund Balance
1,187,826
1,187,826
2,083,854
896,028
175.4%
Ending Fund Balance
579,444
(1,299,418)
30,120
1,329,538
5.2%
a
INFORMATIONAL MEMO
Page 11
City of Tukwila
General Government Improvements Fund 303 - Revenue and Expenditures
Year -to -Date as of June 30, 2020
2020
Variance
Annual Revised(COVID) I Actual
Expected
Total Over/(Under)
%ofCOVID
Budget Budget Year -To -Date +
Through YE =
Projected YE COVID Budget
Budget
REVENUE:
Miscellaneous Revenue
Investment earnings 500 500 3,308
1,000
4,308
2,808
661.5%
Total Miscellaneous Revenue 500 500 3,308
2,808
661.5%
Transfers In 200,000 - -
-
-
-
0.0%
Total Revenues
200,500
500
3,308
EXPENDITURES:
City Hall Siding/Roof Repair
50,000
50,000
-
TCCSiding/Roof Repair
100,000
120,000
-
2020 Facilities Study
300,000
190,000
-
Ivisc. Projects (including salaries & benefits)
208,015
-
31,684
Install No Parking Signs at 620016300 Bldg
2,026
6300 Bldg. Dry Fire Sprinkler System
29, 658
Total Expenditures
658,015
360,000
31,684
Change in fund balances
(457,515)
(359,500)
Beginning Fund Balance
525,166
525,166
Ending Fund Balance
1
165,666
- -
(50,000)
0.0%
120,000 120,000
-
100.0%
190,000 190,000
-
100.0%
- 31,684
31,684
-
Z026
29,658
310,000 341,684
(18,316)
4.8%
(338,376)
21,124
94.1%
656.306
131.140
125.0%
29
30
COUNCIL AGENDA SYNOPSIS
---------------------------------- Initials
Meeting Date
Prepared b
Mayor's review
Council review
08/10/20
]R
08/17/20
]R
ITEM INFORMATION
ITEMNO.
3.C.
STAFF SPONSOR: RYAN LARSON
ORIGINAL AGENDA DATE: 08/10/20
AGENDA ITEM TITLE Interim Flood Plain Management Ordinance and Map Update
CATEGORY ® Discussion
Mtg Date 08110120
❑ Motion
Mtg Date
❑ Resolution
Mtg Date
® Ordinance
Mtg Date 08117120
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
SPONSOR ❑Council ❑Mayor ❑HR ❑DCD ❑Finance ❑Fire ❑TS ❑P&R ❑Police ®PIF ❑Court
SPONSORS On May 15, 2020, the Federal Emergency Management Agency notified all Washington
SUMMARY jurisdictions participating in the National Flood Insurance Program (NFIP) that our Flood
Ordinance would require updates to comply with new federal and state regulations and to
adopt revised Flood Insurance Rate Maps (FIRMS). Additional development and land
clearing activities within the Special Flood Hazard Areas (SFHA) will now be regulated.
Council is being asked to approve the Interim Flood Plain Management Ordinance.
REVIEWED BY ® Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dev.
❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 08/03/2020 COMMITTEE CHAIR: C. DELOSTRINOS JOHNSON
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
08/10/20
08/17/20
MTG. DATE
ATTACHMENTS
08/10/20
Informational Memorandum dated 07/31/20
Draft Interim Flood Plain Ordinance (1 minor edit on Pg. 3 of Ordinance after 8/3 T&I)
Minutes from Transportation and Infrastructure Committee meeting of 08/03/20
08/17/20
31
32
City of Tukwila Allan Ekberg, Mayor
Public Works Department- Bari Ponnekanti, interim Director
TO: Transportation and Infrastructure Committee
FROM: Hari Ponnekanti, Interim Public Works Director
BY: Ryan Larson, Program Manager
CC: Mayor Ekberg
DATE: July 31, 2020
SUBJECT: Interim Flood Plain Management Ordinance Update
ISSUE
Adopt an interim Flood Plain Management Ordinance to comply with FEMA requirements.
BACKGROUND
The City's Flood Plain Management Ordinance was passed in 1980 and updated in 1988 and 2002.On May 15, 2020, the
Federal Emergency Management Agency (FEMA) notified Washington jurisdictions participating in the National Flood
Insurance Program (NFIP) that our Flood Ordinance would require updates to comply with new federal and state regulations
and to adopt revised Flood Insurance Rate Maps (FIRMs) by August 19, 2020. Failure to meet this deadline will result in
Tukwila being temporarily suspended from the Flood Insurance program and residents will be unable to obtain flood
insurance, receive a federally backed mortgage, and disaster assistance for properties within an identified flood hazard until
the new regulations are adopted.
Public Works used the State's model flood ordinance as a template to update the Flood Ordinance. The Transportation and
Infrastructure Committee reviewed the changes at the July 20, 2020 meeting. This draft was sent to the Department of
Ecology (DOE) and Department of Commerce for review and approval. The ordinance is undergoing Department of
Commerce and SEPA review and a final determination will not be completed until after the required ordinance adoption date.
DISCUSSION
To meet the required August 19, 2020 adoption date, an interim Flood Plain Management Ordinance was drafted based on
the draft ordinance currently under review. This interim ordinance will allow the required changes to go into effect by the
FEMA deadline and will allow the permanent ordinance to complete the required review process. The interim ordinance
adopts revised FIRMs that better reflect the actual Special Flood Hazard Areas (SFHA) within the City. The FIRM updates
were done for all jurisdictions along the Green River. In addition, the interim ordinance also clarifies language concerning
development within SFHA.
Substantive updates include:
• Revised definitions that more closely follow the definitions used by DOE
• Revised code language changes to match language used by DOE
• A provision to exclude storage or processing of hazardous materials
• A provision to include filling and grading as activities requiring a flood permit
• A provision limiting uses of areas constructed below the lowest floor to parking and storage
FISCAL IMPACT
Additional development and land clearing activities within the SFHA will now be regulated. This will require additional staff time
to review and approve Flood Permits.
RECOMMENDATION
Council is being asked to approve the interim Flood Plain Management Ordinance and consider this item at the August 10,
2020 Committee of the Whole meeting and subsequent August 17, 2020 Regular Meeting.
Attachments: Interim Flood Plain Management Ordinance
https://tukwilawa.sharepoint.com/sites/publicworks/engineering/PW Drop Box/01 TIC Agenda/Agenda Items/TIC 08-03-2020/2. Interim Flood Plain
Management Ordinace/Info Memo_Floodplain Management Ordinance V2.docx
33
34
NOTE: Shaded text on Page 3 shows a correction made to the date in
Section 3 (compared to 8/3/20 Transportation and Infrastructure
Committee agenda packet).
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REPEALING ORDINANCE NO.
2038, AS CODIFIED AS CHAPTER 16.52, "FLOOD PLAIN
MANAGEMENT;" REENACTING TMC CHAPTER 16.52 TO
PROVIDE FOR INTERIM FLOOD PLAIN MANAGEMENT
REGULATIONS AND POLICIES AS REQUIRED OF
JURISDICTIONS PARTICIPATING IN THE NATIONAL
FLOOD INSURANCE PROGRAM; ESTABLISHING SIX
MONTHS AS THE EFFECTIVE PERIOD FOR THE INTERIM
ORDINANCE; ADOPTING FINDINGS; PROVIDING FOR
SEVERABILITY; DECLARING AN EMERGENCY AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, flood hazard areas in Tukwila are subject to periodic inundation which
may result in loss of life or property, may create health or safety hazards, may disrupt
commerce or governmental services, may cause extraordinary public expenditures for
flood protection and relief, or might impair the tax base, all of which adversely affect the
public health, safety, and general welfare; and
WHEREAS, these flood losses may be caused by the cumulative effect of
obstructions in areas of special flood hazards that increase flood heights and velocities,
and damage uses in other areas when inadequately anchored; and
WHEREAS, uses that are inadequately flood -proofed, elevated or otherwise
protected from flood damage can contribute to losses due to flooding; and
WHEREAS, the Legislature of the State of Washington delegated the responsibility
to local governmental units of adopting regulations designed to promote the public
health, safety, and general welfare of its citizenry; and
WHEREAS, in Title 86 of the Revised Code of Washington, the Legislature of the
State of Washington authorized local governmental agencies to regulate use and
development of flood hazard areas within their jurisdictions in order to reduce such
hazards; and
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35
WHEREAS, on July 27, 2020, the Tukwila City Council, following adequate public
notice, held a public hearing to receive testimony on the proposed flood ordinance; and
WHEREAS, to remain eligible for the National Flood Insurance Program (NFIP), the
City of Tukwila is required to adopt updated regulations that meet or exceed the
requirements of Section 60.3, Chapter 1, Title 44 of the Code of Federal Regulations
(CFR) by August 19, 2020; and
WHEREAS, if Tukwila is suspended from the NFIP, residents will be unable to
purchase flood insurance, renew existing flood insurance policies, or obtain Federal
mortgage insurance or loan guarantees for properties within an identified flood hazard
area, and federal grants, loans, and disaster assistance will not be available to
properties within an identified flood hazard area; and
WHEREAS, on May 26, 2020, the Federal Emergency Management Agency
(FEMA) confirmed in writing that the adoption of interim controls is an acceptable
approach to maintain eligibility in the NFIP until such time permanent regulations are
adopted, provided that such permanent regulations are adopted within six months of the
effective date of this ordinance; and
WHEREAS, a delay in the adoption of the final regulations will provide sufficient
time to obtain a Washington State Environmental Policy Act (SEPA) determination and
approval from the Department of Commerce on the final regulations; and
WHEREAS, the City Council may adopt interim regulations for a period of up to six
months so long as the City Council holds a public hearing on the interim regulations as
required by RCW 35A.63.220 within 60 days of adoption of the interim regulations; and
WHEREAS, pursuant to Washington Administrative Code (WAC) 197-11-880, the
adoption of this interim ordinance is exempt from the requirements of a threshold
determination under the Washington State Environmental Policy Act (SEPA); and
WHEREAS, the City Council finds that an emergency exists and this interim
ordinance is necessary for the immediate protection of public health, public safety,
public property, and public peace;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Recitals Incorporated. The Recitals set forth above are hereby
adopted and incorporated as Findings of Fact and/or Conclusions of Law of the City
Council pursuant to the requirements of RCW 35A.63.220.
Section 2. Repealer. Ordinance No. 2038, as codified as Tukwila Municipal Code
(TMC) Chapter 16.52, "Flood Plain Management," is hereby repealed in its entirety and
is replaced with interim controls as provided for in Sections 4 through 19 of this
ordinance.
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36
Section 3. Duration of Interim Controls. This interim ordinance shall be in effect
for six months, commencing on August 19, 2020 and ending on February 19, 242-0
2021, unless extended or unless a final ordinance is adopted amending the Tukwila
Municipal Code and rescinding the interim controls before February 19, 2021.
Section 4. TMC Chapter 16.52 Reenacted. TMC Chapter 16.52 is hereby re-
enacted to read as follows:
CHAPTER 16.52
FLOOD PLAIN MANAGEMENT
Sections:
16.52.010 Auth Statutory Authorization
16.52.020 Purpose
16.52.030 Definitions
16.52.040 Applicability
16.52.050 Basis for Establishing the Areas of Special Flood Hazard Areas
16.52.060 Interpretation
16.52.070 Warning and Disclaimer of Liability
16.52.080 Administration
16.52.090 Permits
16.52.100 Standards
16.52.110 Floodways
16.52.120 Critical Facility
16.52.125 Compliance
16.52.130 Penalties
16.52.140 Abrogation and Greater Restrictions
Section 5. TMC Section 16.52.010 is hereby reenacted to read as follows:
16.52.010 Authority y Statutory Authorization
The Legislature of the State of Washington delegated the responsibility to the City
of Tukwila to adopt regulations designed to promote the public health, safety, and
general welfare of its citizenry.
Section 6. TMC Section 16.52.020 is hereby reenacted to read as follows:
16.52.020 Purpose
This chapter aims to promote the public health, safety, and general welfare, and to
minimize public and private losses due to flood conditions in specific areas, by
provisions designed to:
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37
1. Protect human life and health;
2. Minimize expenditure of public money and costly flood control projects;
3. Minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
4. Minimize prolonged business interruptions;
5. Minimize damage to public facilities and utilities such as water and gas
mains, electric, telephone and sewer lines, streets, and bridges located in areas of
special flood hazard;
6. Help maintain a stable tax base by providing for the sound use and
development of areas of special flood hazard so as to minimize future flood blight areas;
7. Ensure that potential buyers are notified that property is in an area of
special flood hazard; aP4
8. Ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions; and.
9. Participate in and maintain eligibility for flood insurance and disaster relief.
Section 7. TMC Section 16.52.030 is hereby reenacted to read as follows:
16.52.030 Definitions
Unless specifically defined below, words or phrases used in this chapter shall be
interpreted to give them the meaning they have in common usage and to give this
chapter its most reasonable application.
1. Alteration of watercourse: Any action that will change the location of the
channel occupied by water within the banks of any portion of a riverine waterbody.
42. Appeal: ,,,ETA request for a review of the interpretation of any
provision of this chapter or a request for a variance.
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3. Area of shallow flooding: A designated zone AO, AH, AR/AO or AR/AH
(or VO) on a community's Flood Insurance Rate Map (FIRM) with a one percent or
greater annual chance of flooding to an average depth of one to three feet where a
clearly defined channel does not exist, where the path of flooding is unpredictable, and
where velocity flow may be evident. Such flooding is characterized by ponding or sheet
flow. Also referred to as the sheet flow area.
4. Area of special flood hazard: The land in the floodDlain within a
community subject to a 1 percent or greater chance of flooding in any given year. It is
shown on the Flood Insurance Rate Map (FIRM) as zone A, AO, AH, Al-30, AE, A99,
AR W. VO. V1-30. VE). "Saecial flood hazard area" is svnonvmous in meanina with the
phrase "area of special flood hazard".
5. ASCE 24: The most recently published version of ASCE 24, "Flood
Resistant Design and Construction", published by the American Society of Civil
Engineers.
56. Base flood:meaRTThe flood having a 1 % chance of being equaled or
exceeded in any given year; k4-4s—also referred to as the "100-year flood"). 4s
desigRatiOR OR maps always ORG' irdes the letter A.
7. Base Flood Elevation (BFE): The elevation to which floodwater is
anticipated to rise during the base flood.
68. Basement: n4eanTAny area of the building having its floor sub -grade
(below ground level) on all sides.
9. Building: See "Structure."
10. Buildina Code: The current editions of the buildina codes and
amendments adopted by Washington State and amended by the City of Tukwila.
11. Breakaway wall: A wall that is not part of the structural support of the
building and is intended through its design and construction to collapse under specific
lateral loading forces, without causing damage to the elevated portion of the building or
supporting foundation system.
712. Critical facility_ iearTA facility for which even a slight chance of
flooding might be too great. Critical facilities include, but are not limited to, schools;
nursing homes; hospitals; police, fire and emergency response installations; and
installations `"'hamthat produce, use, or store hazardous materials or hazardous waste.
613. Development: mea+�s Any man-made change to improved or
unimproved real estate, including, but not limited to, buildings or other structures,
mining, dredging, filling, grading, paving, excavation or drilling operations armor storage
of equipment or materials located within the area of special flood hazard.
914. Director: meaRs The Director of Public Works or his -designee.
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39
15. Elevation Certificate: An administrative tool of the National Flood
Insurance Program (NFIP) that can be used to provide elevation information, to
determine the proper insurance premium rate and to support a request for a Letter of
Map Amendment (LOMA) or Letter of Map Revision based on fill (LOMR-F).
44-16. Elevated building: 4;4e aRsFor insurance purposes, a non -basement
building ` NGh—that has its lowest elevated floor raised above ground level by foundation
walls, shear walls, posts, piers, pilings, or columns.
17. Essential facility: This term has the same meaning as "Essential Facility"
defined in ASCE 24. Table 1-1 in ASCE 24-14 further identifies buildina occuaancies
that are essential facilities.
_.WE
.•www
18. Flood or Flooding:rneans
(a) A general and temporary condition of partial or complete inundation of
normally dry land areas from:
a-M The overflow of inland or tidal waters., aad/er
b-.IQ The unusual and rapid accumulation or runoff of surface
waters from any source...; and/or
(3) Mudslides (i.e., mudflows), which are proximately caused by
flooding as defined in subparagraph (a)(2) of this definition and are akin to a river of
liquid and flowing mud on the surfaces of normally dry land areas, as when earth is
carried by a current of water and deposited alona the path of the current.
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M
(b) The collapse or subsidence of land along the shore of a lake or other
body of water as a result of erosion or undermining caused by waves or currents of
water exceeding anticipated cyclical levels or suddenly caused by an unusually high
water level in a natural body of water, accompanied by a severe storm, or by an
unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some
similarlv unusual and unforeseeable event that results in floodina as defined in
subparagraph (a)(1) of this definition.
19. Flood elevation study: An examination, evaluation, and determination of
flood hazards and, if appropriate, corresponding water surface elevations, or an
examination. evaluation and determination of mudslide (i.e.. mudflow) and/or flood -
related erosion hazards. Also known as a Flood Insurance Study (FIS).
20. Flood Insurance Rate Map (FIRM):„ Bans The official map of a
community on which the Federal Insurance Administrator has delineated both the ass
of -special flood hazard areas and the risk premium zones applicable to the community.
A FIRM that has been made available digitally is called a Digital Flood Insurance Rate
Map (DFIRM).
21. Floodalain or flood -prone area: Any land area susceptible to being
inundated by water from any source. See "Flood or Flo-oding.,,
22. Floodalain Administrator: The community official desianated by title to
administer and enforce the floodplain management regulations.
23. Floodalain manaaement reaulations: Zonina ordinances. subdivision
regulations, building codes, health regulations, special purpose ordinances (such as
floodplain ordinance, grading ordinance and erosion control ordinance) and other
application of police power. The term describes such state or local regulations, in any
combination thereof. that Drovide standards for the Duroose of flood damaae Drevention
and reduction.
24. Flood oroofina: Anv combination of structural and nonstructural
additions, changes, or adjustments to structures that reduce or eliminate risk of flood
damage to real estate or improved real property, water and sanitary facilities, structures,
and their contents. Flood -proofed structures are those that have the structural integrity
and design to be impervious to floodwater below the Base Flood Elevation.
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2325. Floodway_ means The channel of a river or other watercourse and
the adjacent land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than one feet a
designated height. Also referred to as "Regulatory Floodway."
26. Functionally dependent use: A use that cannot perform its intended
unless it is located or carried out in close proximity to water. The term includes
only docking facilities, port facilities that are necessary for the loading and unloading of
cargo or passengers, and ship building and ship repair facilities, and does not include
long-term storage or related manufacturing facilities.
27. Highest adjacent grade: The highest natural elevation of the ground
surface prior to construction next to the proposed walls of a structure.
28. Historic structure: Any structure that is:
a. Listed individually in the National Register of Historic Places (a listing
maintained by the Department of the Interior) or preliminarily determined by the
Secretary of the Interior as meeting the requirements for individual listing on the
National Register;
b. Certified or preliminarily determined by the Secretary of the Interior as
contributing to the historical significance of a registered historic district or a district
preliminarily determined by the Secretary to qualify as a registered historic district;
c. Individually listed on a state inventory of historic places in states with
historic preservation programs that have been approved by the Secretary of the
Interior; or
d. Individually listed on a local inventory of historic places in communities
with historic preservation programs that have been certified either:
(1) By an approved state program as determined by the Secretary of
the Interior, or
(2) Directly by the Secretary of the Interior in states without approved
programs.
2429. Lowest floor_:,,,eaRs The lowest floor of the lowest enclosed area
(including basement). lf- An unfinished or flood -resistant enclosure, 0C-used -usable
solely for veh+Ele parking of vehicles, building access, or storage, Of�;TenGlesu,e in
an area other than a basement area, and Of this eRG'�uFe is not considered a building's
lowest floor, provided that such enclosure On an -ro- ethos than a basement is not built
so that as to render the structures in violation of the applicable non -elevation
design requirements of this chapter (i.e. provided there are adequate flood ventilation
openings) '
tewest f lee-r.
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2530. Manufactured home: A structure, transportable in one or more
sections, that is built on a permanent chassis and is designed for use with or without a
permanent foundation when attached to the required utilities. The term "manufactured
home" does not include a "recreational vehicle."
2631. Manufactured home park or subdivision: mans parcel (or
contiguous parcels) of land divided into two or more manufactured home lots for rent or
sale.
32. Mean sea level: For purposes of the National Flood Insurance Program,
the vertical datum to which Base Flood Elevations shown on a community's Flood
Insurance Rate Map are referenced.
27-33. New construction_: For the purposes of determining insurance rates,
structures for which the "start of construction" commenced on or after 44&1-, the
effective date of Ti ikwila's eriniRal fl. edplain maRagemen+ reg ilatiens an initial Flood
Insurance Rate Map or after December 31, 1974, whichever is later, and includes any
subsequent improvements to such structures. For floodplain management purposes,
"new construction" means structures for which the "start of construction" commenced on
or after the effective date of a floodplain management regulation adopted by a
communitv and includes anv subseauent improvements to such structures.
.11
WIN
2-934. "NFIP" means National Flood Insurance Program.
35. One -hundred -year flood or 100-year flood: See "Base flood."
36. Reasonably safe from flooding: Development that is designed and built
to be safe from flooding based on consideration of current flood elevation studies,
historical data, high water marks and other reliable data known to the community. In
unnumbered "A" zones where flood elevation information is not available and cannot be
obtained by practicable means, "reasonably safe from flooding" means the lowest floor
is at least two feet above the Highest Adjacent Grade.
W37. Recreational vehicle: A vehicle:
a. Built on a single chassis;
b. 400 square feet or less when measured at the largest horizontal
projections-
c. Designed to be self-propelled or permanently towable by a light -duty
truck; and
d. Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal use.
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me--e
M
1 MWAR
1
---
-32-38. "Special Flood Hazard Area S( FHA)"_„Tea ;s The land in the flood
plain subject to a 1 % or greater chance of flooding in any given year. It is also referred
to as the 100-year flood elevation or the base flood elevation. These areas are
designated on Flood Insurance Rate Maps (FIRMs) using the letters A or V. Special
flood hazard areas include flood -prone areas designa ted by the City.
6439. Start of construction_: Fnea ;S Includes substantial improvement and
means the date the building permit was issued, provided the actual start of construction,
repair, reconstruction, rehabilitation, addition, placement, or other improvement
eGGUrred was within 180 days from the date of the permit date. The actual start means
either the first placement of permanent construction of a structure on a site, such as the
pouring of slab or footings, the installation of piles, the construction of columns, or any
work beyond the stage of excavation; or the placement of a manufactured home on a
foundation. Permanent construction does not include land preparation, such as
clearing, grading, and filling; nor does it include the installation of streets and/or
walkways; nor does it include excavation for a basement, footings, piers, or foundations
or the erection of temporary forms; nor does it include the installation on the property of
accessory buildings, such as garages or sheds not occupied as dwelling units or not
part of the main structure. For a substantial improvement, the actual start of
construction means the first alteration of any wall, ceiling, floor, or other structural part
of a building, whether or not that alteration affects the external dimensions of the
building.
-3,540. Structure: means For floodplain management purposes, a walled and
roofed building, including a gas or liquid storage tank., that is principally above ground
as well as a manufactured home.
3641. Substantial Damage:n,ea„TDamage of any origin sustained by a
structure whereby the cost of restoring the structure to its before -damaged condition
would equal or exceed 50 percent of the market value of the structure before the
damage occurred.
3742. Substantial improvement: means Any repair, reconstruction,
rehabilitation, addition, or other improvement of a structure, the cost of which equals or
exceeds 50 percent of the assessed market value of the structure before the "start of
construction" of the improvement. This term includes structures that have incurred
"substantial damaae." reaardless of the actual repair work performed. The term does
not. however. include either:
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{tea. Before the erTepair is staFted, or Any project for
improvement of a structure to G^m^'Y Wet correct previously identified existing
violations of state or local health, sanitary, or safety code specifications that have been
identified by the local code enforcement official and that are the minimum which is
necessary to assure safe living conditions; or
{2-}b. BefeFe damage -ocGUTr dif GtFUetUFe ism iRg Fes-teFed Any
alteration of a "historic structure," StrUEtUre listed en the National —Registry of isto;
iG
PaGesor a State 'RveRteFY of hi6tsr aEesrprovided that the alteration will not
preclude the structure's continued designation as a "historic structure."
43. Variance: A grant of relief by a community from the terms of a floodplain
management regulation.
44. Violation: The failure of a structure or other development to be ful
compliant with the community's floodplain management regulations. A structure or
other development without the elevation certificate, other certifications, or other
evidence of compliance required in this chapter is presumed to be in violation until such
time as that documentation is a arant of relief by a community from the terms of a
floodplain management regulation.
45. Water surface elevation: The height, in relation to the vertical datum
utilized in the applicable flood insurance study of floods of various magnitudes and
frequencies in the floodplains of coastal or riverine areas.
46. Water Dependent: A structure for commerce or industry that cannot exist
in any other location and is dependent on the water by reason of the intrinsic nature of
its operations.
Section 8. TMC Section 16.52.040 is hereby reenacted to read as follows:
16.52.040 Applicability
This chapter applies to all special flood hazard areas within the City of Tukwila
jurisdiction.
Section 9. TMC Section 16.52.050 is hereby reenacted to read as follows:
16.52.050 Basis for Establishing the Areas of Special Flood Hazard Area
A. The basis 4eFspecial flood hazard areas identified by the Federal Insurance
Administrator+ea is --in a scientific and engineering report entitled "The Flood Insurance
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Study FIS for King County, Washington and Incorporated Areas" dated DeGer ber
2404—August 19, 2020, and any revisions thereto, with aR accompanying Flood
Insurance Rate Maps (FIRMs) dated August 19, 2020, and any revisions thereto, are
hereby adopted by reference and declared to be a part of this chapter. The €food
Insuran j-EIS and the FIRMs are on file at 6300 Southcenter Boulevard, Suite
100.
B. The best available information for flood hazard area identification as outlined in
TMC Section 16.52.080.BC-2 shall be the basis for regulation until a new FIRM is
issued which incorporates this data.
Section 10. TMC Section 16.52.060 is hereby reenacted to read as follows:
16.52.060 Interpretation
In the interpretation and application of TMC Chapter 16.42, all provisions shall be:
1. Considered as minimum requirements;
2. Liberally construed in favor of the governing body; and
3. Deemed neither to limit nor repeal any other powers granted under State
statutes.
Section 11. TMC Section 16.52.070 is hereby reenacted to read as follows:
16.52.070 Warning and Disclaimer of Liability
The degree of flood protection required by TMC Chapter 16.52 is considered
reasonable for regulatory purposes and is based on scientific and engineering
considerations. Larger floods can and will occur on rare occasions. Flood heights may
be increased by man-made or natural causes. This chapter does not imply that land
outside the areas of special flood hazards or uses permitted within such areas will be
free from flooding or flood damages. This chapter shall not create liability on the part of
the City of Tukwila, any officer or employee thereof, or the Federal Insurance
Administration for any flood damages that result from reliance on this chapter or any
administrative decision lawfully made hereunder.
Section 12. TMC Section 16.52.080 is hereby reenacted to read as follows:
16.52.080 Administration
A. The Public Works Director is hereby appointed to administer -and, implement,
and enforce this ordinance by granting or denying development permits appli tions in
accordance with its provisions. The Floodplain Administrator may delegate authority to
implement these Drovisions.
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B. The Director may:
1. Restrict or prohibit GesWhiGh Fnight GFeate a �geTdevelopment that is
dangerous to health, safety, and property due to water or erosion hazards, or which
mightRGFease—result in damaging increases in erosion, or in flood heights or fteed
velocities;
2. Require that uses development vulnerable to floods, iRdudiRg fa^ilitioc
cor.,inn ci i^h uses, be ^nnStri Gted to protect be protected against flood damage at the
time of initial construction;
3. Control the alteration of sz;rfa^water features SUGh as natural
floodplains, stream channels, and natural protective barriersL +hn} retain which help
accommodate or channel flood waters;
4. Control filling, grading, dredging and other development which may
increase flood damage; and
5. Prevent or regulate the construction of flood barriers that would unnaturally
divert floodwaters or that might increase flood hazards in other areas.
9C. The Director's duties shall include, but shall not be limited to:
1. Permit Review.
a. Review all development permits to determine that the permit
requirements of this chapter have be en satisfied.
b. Review all development permits to determine that all necessary
permits have been obtained from those Federal, State, or local governmental agencies
from which prior approval is required.
c. The site is reasonably safe from flooding.
Ed. Review all development permits to determine if the proposed
development is located in the floodway, and ensure that the encroachment provisions of
TMC Section 16.52.110, "Floodwaysi' are met.
Area.
e. Notify FEMA when annexations occur in the Special Flood Hazard
2. Special Flood Hazard Area.
a. When base flood elevation data has not been provided in A zones, the
Director shall obtain, review, and reasonably utilize any base flood elevation and
floodway data available from a Federal, State or other source, in order to administer
TMC Chapter 16.52.
b. Where floodelevationdata is not available either through the Fleed
'Nance may FIS, FIRM, or from another authoritative source (TMC Section
16.52.080), the DiirreEtershall review applications for building permits floodplain
development shall be reviewed to assure that proposed construction will be reasonably
safe from flooding. The test of reasonableness is a local judgment and includes use of
historical data, high water marks, photographs of past flooding, etc., where available.
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Failure to elevate at least two feet above the highest adjacent grade in these zones may
result in higher insurance rates.
c. Where needed, the Director shall interpret exact location of the
boundaries of the areas of special flood hazards - for example, where there appears to
be a conflict between a mapped boundary and actual field conditions. The Director
shall provide the person contesting the boundary location a reasonable opportunity to
appeal the interpretation. Such appeals shall be granted consistent with the standards
of Section 60.6 of the Rules and Regulations of the National Flood Insurance Program
(44 CFR 59-76).
3. Changes to Special Flood Hazard Area.
a. If a project will alter the Base Flood Elevation (BFE) or boundaries of
the Special Flood Hazard Area (SFHA), then the project proponent shall provide the
community with engineering documentation and analysis regarding the proposed
change. If the change to the BFE or boundaries of the SFHA would normally require a
Letter of Map Change, then the project proponent shall initiate, and receive approval of,
a Conditional Letter of Map Revision (CLOMR) prior to approval of the development
permit. The project shall be constructed in a manner consistent with the approved
CLOMR.
b. If a CLOMR application is made, the project proponent shall also
supply the full CLOMR documentation package to the Floodplain Administrator to be
attached to the floodplain development permit, including all required property owner
notifications.
34. Watercourse Alteration.
a. Notify adjacent communities and the Department of Ecology (DOE)
prior to any alteration or relocation of a watercourse, and submit evidence of such
notification to the Federal Insurance Administration through appropriate notification
means. (44 CFR 60.3(b)(6))
b. Require that maintenance be provided within the altered or relocated
portion of said watercourse so that the flood carrying capacity is not diminished.
45. Information an gemenf to be Obtained and Maintained.
a. Where base flood elevation data is provided through the Flood
Insurance Sturm, FIS, FIRM, or required as in TMC Section 16.52.080.BC.2, obtain and
maintain a record of the actual as -built elevation (in relation to mean sea level) of the
lowest floor (including basement) of all new or substantially improved structures, and
rwhether or not the structure contains a basement.
b. For all new or substantially improved flood -proofed nonresidential
structures where base flood elevation data is provided through the Fleed Inca iranno
Study-,FIS, FIRM, or as required in TMC Section 16.52.080,43C.2:
(1) Obtain and maintain a record of the elevation (in relation to mean
sea level) to which the structure was flood -proofed -,and.
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16.52.090, D.3.
issuance.
(2) Maintain the flood -proofing certifications required in TMC Section
c. Certification required by TMC Section 16.52.110.A.1.
d. Records of all variance actions. includina iustification for their
e. Improvement and damage calculations.
ef. Maintain for public inspection all records pertaining to the provisions of
this ordinance.
Section 13. TMC Section 16.52.090 is hereby reenacted to read as follows:
16.52.090 Permits
A. A Flood Zone Control Permit (FZCP) shall be obtained before construction or
development begins within any area of special flood hazard established in TMC Section
16.52.050. The permit shall be for all structures including manufactured homes, as set
forth in the "Definitions," and for all development including clearing, filling, grading, and
other activities. also as set forth in the "Definitions."
B. Application for an FZCP shall be submitted with the project application for a
clearing and grading permit, shoreline permit, plat or subdivision permit, or a building
permit, whichever comes first.
C. An FZCP is a Type 1 permit processed pursuant to TMC Section 18.108.010.
D. Application for an FZCP shall be made on forms furnished by the City and shall
meet the City's standards for plan submittals. The applicant must provide the following
information:
1. Elevation in relation to mean sea level, of the lowest floor(including
basement) of all structures recorded on a current elevation certificate with Section B
completed by the Floodplain Administrator;
2. Elevation in relation to mean sea level to which any structure has been
flood -proofed;
3. Where a structure is to be flood -proofed, certification by a registered
professional engineer or architect that the flood -proofing methods for any nonresidential
structure meet the -flood -proofing criteria in TMC Section 16.52.100 B.2;-a-nd
4. Description of the extent to which a watercourse will be altered or relocated
as a result of proposed development..-i
5. Where development is proposed in a floodway, an engineering analysis
determination of no rise of the Base Flood Elevation, and
6. Any other such information that may be reasonably required by the
Floodplain Administrator in order to review the application.
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i •
Section 14. TMC Section 16.52.100 is hereby reenacted to read as follows:
16.52.100 Standards
A. General Standards. In all areas of special flood hazards, the following
standards are required:
1. Elevation. Where flood elevation data is not available, either through the
FIRM or from another authoritative source, all new construction and substantial
improvements shall be elevated at least two feet above the highest adjacent grade.
2. Anchoring.
a. All new construction and substantial improvements, including those
related to manufactured homes, shall be anchored to prevent flotation, collapse, or
lateral movement of the structure resulting from hydrodynamic and hydrostatic loads,
including the effects of buoyancy.
b. All manufactured homes mmus� wn shall be anchored to prevent
flotation, collapse, or lateral movement, and shall be installed using methods and
practices that minimize flood damage. Anchoring methods may include, but are not
limited to, use of over -the -top or frame ties to ground anchors (TefeTenGe�'s
"M ac e Home IRstallatiOR in Flood Hazard Areas" guidebeekBTaddi al
t8Ghniq es-)
3. Construction Materials and Methods.
a. All new construction and substantial improvements shall be
constructed with materials and utility equipment resistant to flood damage.
b. All new construction and substantial improvements shall be
constructed using methods and practices that minimize flood damage.
c. All new construction and substantial improvements on slopes shall
have drainage paths to guide floodwaters around and away from proposed structures.
d. Electrical, heating, ventilation, plumbing and air-conditioning
equipment and other service facilities shall be designed and/or otherwise elevated or
located so as to prevent water from entering or accumulating within the components
during conditions of flooding.
4. Storage of Materials and Equipment.
a. The storage or processing of materials that could be injurious to
human, animal, or plant life if released due to damage from flooding are prohibited in
special flood hazard areas.
b. Storage of other material or equipment may be allowed if not subject to
damage by floods and if firmly anchored to prevent flotation, or if readily removable from
the area within the time available after flood warnina.
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45. Utilities.
a. All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of flood waters into the systems;
b. A proposed water well shall be approved by Department of Ecology
(\^%?3-1�) and be located on high ground that is not in the floodway;
c. New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of flood waters into the systems and discharges from
the systems into flood waters; and
d. Onsite waste disposal systems shall be located to avoid impairment to
them or contamination from them during flooding.
56. Subdivisions Proposals and Development. All subdivisions, as well as new
development shall:
a. All sub livicirin sals shall -bBe consistent with the need to
minimize flood damage;
b. Alll subdo.,icir,n nr.,n^;^ls shall RHave public utilities and facilities -
such as sewer, gas, electrical and water systems - located and constructed to minimize
or eliminate flood damage;
c All c•ubdiyisi^n nr^n^cals shall hHave adequate drainage provided, to
reduce exposure to flood damage; and, ,,
d. Where base flleed eleyation--a'crl-+ a has net been provided er is not
available fr^m aRethara +t+ative-SOI irn, i�haIl be genneFatccrivTWhere subdivision
proposals and other proposed developments t#at-contain at leas greater than 50 lots or
5 acres (whichever is �s-the lesser), base flood elevation data shall be included as
part of the application.
B. Specific Standards. In all areas of special flood hazards where Base Flood
Elevation data has been provided as set forth in TMC Section 16.52.050 or TMC
Section 16.52.080.C.2, the following provisions are required:
1. Residential Construction.
a. New construction and substantial improvement of any residential
structure shall have the lowest floor, including basement, elevated one foot or more
above the Base Flood Elevation. Mechanical equipment and utilities shall be
waterproofed or elevated one or more feet above the Base Flood Elevation.
b. Fully enclosed areas below the lowest floor that are subject to flooding
are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on
exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this
requirement must either be certified by a registered professional engineer or architect,
and must meet or exceed the following minimum criteria:
(1) A minimum of two openings having a total net area of not less than
one square inch for every square foot of enclosed area subject to flooding shall be
provided.
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(2) The bottom of all openings shall be no higher than one foot above
grade.
(3) Openings may be equipped with screens, louvers, or other
coverings or devices provided that they permit the automatic entry and exit of
floodwaters.
2. Nonresidential Construction:
a. New construction and substantial improvement of any commercial,
industrial or other nonresidential structure shall either have the lowest floor, including
basement, elevated one foot or more above the base flood elevation, or elevated as
required by ASCE 24, whichever is greater, or together with attendant utility and
sanitary facilities, shall:
(1) Be dry flood -proofed so that below one foot or more above the
base flood level the structure is watertight with walls substantially impermeable to the
passage of water or dry flood -proofed to the elevation required by ASCE 24, whichever
is greater;
(2) Have structural components capable of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy; and
(3) Be certified by a registered professional engineer or architect that
the design and methods of construction are in accordance with accepted standards of
practice for meeting provisions of this subsection based onthat engineer's or arGhiteGt'c
their development and/or review of the structural design, specifications and plans. Such
certifications shall be provided to the official as set forth in TMC Section 16.52.080.C.5.
b. Nonresidential structures that are elevated, not flood -proofed, must
meet the same standards for space below the lowest floor as described in TMC Section
16.52.100, B.1.b., for residential construction.
c. The City shall notify applicants who propose to flood -proof
nonresidential buildings that flood insurance premiums will be based on rates that are
one foot below the flood -proofed level (e.g. a building flood -proofed to the base flood
level will be rated as one foot below). Flood -proofing the building an additional foot will
reduce insurance premiums significantly.
3. Manufactured Homes:
a. All manufactured homes to be placed or substantially improved on
sites, outside of a manufactured home park or subdivision, in a new manufactured
home park or subdivision, in an expansion to an existing manufactured home park or
subdivision, or in an existing manufactured home park or subdivision on which a
manufactured home has incurred "substantial damage" as the result of a flood, shall be
elevated on a permanent foundation such that the lowest floor of the manufactured
home is elevated one foot or more above the base flood elevation and be securely
anchored to an adequately -designed foundation system to resist flotation, collapse and
lateral movement.
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b. Manufactured homes to be placed or substantially improved on sites in
an existing manufactured home park or subdivision that are not subject to the above
manufactured home provisions shall be elevated so that either:
(1) The lowest floor of the manufactured home is elevated one foot or
more above the base flood elevation, or
(2) The manufactured home chassis is supported by reinforced piers
or other foundation elements of at least equivalent strength that are no less than 36
inches in height above grade and be securely anchored to an adequately designed
foundation system to resist flotation, collapse and lateral movement.
4. Recreational Vehicles. Recreational vehicles placed on sites are required
to either:
a. Be on the site for fewer than 180 consecutive days;
b. Be fully licensed and ready for highway use, on its wheels or jacking
system, be attached to the site only by quick disconnect type utilities and security
devices, and have no permanently attached additions; or
c. Meet the requirements for manufactured homes, including the
elevation and anchoring requirements for manufactured homes.
5. Enclosed Areas Below the Lowest Floor. If buildings or manufactured
homes are constructed or substantially improved with fully -enclosed areas below the
lowest floor, the areas shall be used solely for parking of vehicles, building access, or
storage.
C. Green River. In addition to the general and specific standards in the section,
the following standards apply to all areas adjacent to the Green River:
1. Construction/Reconstruction of Dikes/Levees: As part of the flood -proofing
for developments adjacent to the Green River through Tukwila, construction or
reconstruction of the dike/levee system, in accordance with dike/levee plans and
engineering studies, and in accordance with the Green River Management Agreement
(AG No. 85-043), will be required as part of the plan submittal.
2. If dike/levee improvements are not required, and the natural riverbank is
allowed as bank protection, then a riverbank stability analysis shall be provided to the
Public Works Department for review as part of the plan submittal.
3. Dedication of levee/dike/riverbank access construction and maintenance
easements on all properties adjacent to the Green River shall, as part of their
development, dedicate construction and maintenance easements for access and
maintenance of existing or future dikes/levees/riverbanks along the Green River as part
of their plan submittal. These easements shall be provided in such a manner so that
immediate access is allowed from other public rights -of -way for maintenance and
construction of dikes/levees.
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Section 15. TMC Section 16.52.110 is hereby reenacted to read as follows:
16.52.110 Floodways
A. F'^^r� edways elLocated within areas of special flood hazard areas established
in TMC Section 16.52.050 are areas designated as floodways. Fleedwa+ers ,A„+hin
Since the floodways are e, .,
his an extremely hazardous area due to the high floel^^;+.es
velocity These i.ya+ere of floodwaters that can carry debris and n^+en+ial nr^ien+il and
have a high potential for eresign increase erosion potential, the following provisions
apply:
� � r; ff nmm i
21. No Rise Standard. Prohibit encroachments, including fill, new construction,
substantial improvements, and other development, unless certification by a registered
professional engineer eer#+f+es, is provided demonstrating, through hydrologic and
hydraulic analyses performed in accordance with standard engineering practice, that the
proposed encroachment would not result in any increase in flood levels during the
occurrence of the base flood discharge.
2. Residential Construction in Floodways. Construction or reconstruction of
residential structures is prohibited within designated floodways, except for: (i) repairs,
reconstruction, or improvements to a structure that do not increase the ground floor
area; and (ii) repairs, reconstruction, or improvements to a structure, the cost of which
does not exceed 50 percent of the market value of the structure either, (a) before the
repair or reconstruction is started. or (b) if the structure has been damaaed. and is beina
restored, before the damage occurred. Any project for improvement of a structure to
correct existing violations of state or local health, sanitary, or safety code specifications
that have been identified by the local code enforcement official and `e'h�that are the
minimum necessary to assure safe living conditions, or to structures identified as
historic places, shall not he innlu ded may be excluded in the 50 percent.
3. Substantially Damaged Residences in Floodway.
a. For all substantially damaged residential structures located in a
designated floodway, the Floodplain Administrator may make a written request that the
Department of Ecology assess the risk of harm to life and property posed by the specific
conditions of the floodway. Based on analysis of depth, velocity, flood -related erosion,
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channel migration, debris load potential, and flood warning capability, the Department of
Ecology may exercise best professional judgment in recommending to the local
Permitting authority repair, replacement, or relocation of a substantially damaged
structure consistent with WAC 173-158-076. The property owner shall be responsible
for submitting to the local government and the Department of Ecology any information
necessary to complete the assessment. Without a favorable recommendation from the
Department for the repair or replacement of a substantially damaged residential
structure located in the regulatory floodway, no repair or replacement is allowed per
WAC 173-158-070(1).
b. Before the repair, replacement, or reconstruction is started, all
requirements of the NFIR the state requirements adopted pursuant to 86.16 RCW, and
all applicable local regulations must be satisfied. In addition, the following conditions
must be met:
(1) There is no potential safe building location for the replacement
residential structure on the same property outside the regulatory floodway.
(2) A replacement residential structure is a residential structure built
as a substitute for a legally existing residential structure of equivalent use and size.
(3) Repairs, reconstruction, or replacement of a residential structure
shall not increase the total square footage of floodway encroachment.
(4) The elevation of the lowest floor of the substantially damaged or
replacement residential structure is a minimum of one foot higher than the Base Flood
Elevation .
(5) New and replacement water supply systems are designed to
eliminate or minimize infiltration of floodwater into the system.
(6) New and replacement sanitary sewerage systems are designed
and located to eliminate or minimize infiltration of floodwater into the system and
discharge from the system into the floodwaters.
(7) All other utilities and connections to public utilities are designed,
constructed, and located to eliminate or minimize flood damage.
GB. All Other Building Standards Apply in the Floodway. If prepesed
sat+sfies Tnnr 16.52.100, a 1_4, TMC Section 16.52.110.A.1 is satisfied or construction
is allowed pursuant to TMC Section 16.52.110.A.2, all new construction and substantial
improvements shall comply with all applicable standards �4 flood hazard reduction
provisions of TMC Section 16.52.100.
Section 16. TMC Section 16.52.120 is hereby reenacted to read as follows:
16.52.120 Critical Facility
Construction of new critical facilities shall be, to the extent possible, located outside
the limits of the Special Flood Hazard Area (SFHA). The Director may permit
construction of a new critical facility within the SFHA if no feasible alternative is
available. Critical facilities constructed within the SFHA shall have the lowest floor
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elevated three feet above base flood elevation or elevated to the 500-year flood
elevation, whichever is higher. Flood -proofing and sealing measures must be taken to
ensure that toxic substances will not be displaced by or released into floodwaters.
Access to and from the critical facility should also be protected to the height utilized
above. Access routes elevated to or above the level of the base flood elevation shall be
provided to all critical facilities to the extent possible.
Section 17. TMC Section 16.52.125 is hereby established to read as follows:
16.52.125 Compliance
All development within special flood hazard areas is subject to the terms of this
ordinance and other applicable regulations.
Section 18. TMC Section 16.52.130 is hereby reenacted to read as follows:
16.52.130 Penalties
No structure or land shall hereafter be constructed, located, extended, converted or
altered without full compliance with the terms of this chapter and other applicable
regulations. Violations of the provisions of this chapter by failure to comply with any of
its requirements (including violations of conditions and safeguards established in
connection with conditions) shall constitute a misdemeanor. Any person who violates
this chapter or fails to comply with any of its requirements shall upon conviction thereof
be fined not more than $1,000, or imprisoned for not more than 90 days, or both, for
each violation, and in addition shall pay all costs and expenses involved in the case.
Nothing herein contained shall prevent the City of Tukwila from taking such other lawful
action as is necessary to prevent or remedy any violation.
Section 19. TMC Section 16.52.140 is hereby reenacted to read as follows:
16.52.140 Abrogation and Greater Restrictions
This chapter is not intended to repeal, abrogate, or impair any existing easements,
covenants or deed restrictions. However, where this chapter and another ordinance,
easement, covenant or deed restriction conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
Section 20. 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.
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56
Section 21. Severability. This ordinance and the various parts thereof are hereby
declared to be severable. Should any Section of this ordinance be declared by the
courts to be unconstitutional or invalid, such decision shall not affect the validity of the
ordinance as a whole, or any portion thereof other than the Section so declared to be
unconstitutional or invalid.
Section 22. Declaration of Emergency — Effective Date. The City Council
hereby declares that a public emergency exists necessitating that this ordinance take
effect on August
19, 2020,
upon its passage by a majority plus one of the whole
membership
of the Council,
and that these interim flood hazard regulations
must be
imposed as
an emergency
measure in order to protect the public health,
safet ,
Property and
GffiGial Rewspaper
welfare. This erdiRaRGe
ef the Gity,
or a summary thereof shall be published
and shall take effeGt and be OR full ferGe five days
in the
afteF
passage and publ+catiGR as
published in lieu of publishing
prev;ded by law. A summary of this ordinance
the ordinance in its entirety.
may be
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of 12020.
ATTEST/AUTH ENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Kari L. Sand, City Attorney
Allan Ekberg, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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57
w
City of 1
City Council Transportation & Infrastructure Committee
Meeting Minutes
August 3, 2020 - 5:30 p.m. - Electronic Meeting due to COVID-19 Emergency
Councilmembers Present: Cynthia Delostrinos Johnson, Chair; Verna Seal, Kate Kruller
Staff Present: David Cline, Hari Ponnekanti, Han Kirkland, Gail Labanara, Joseph Todd,
Joel Bush, Adam Cox, Ryan Larson, and Scott Bates
Chair Delostrinos Johnson called the meeting to order at 5:32 p.m.
I. BUSINESS AGENDA
A. Ordinance: Astound Franchise 1-Year Extension
Staff is seeking Council approval of an ordinance that will extend the franchise term with
Astound Broadband, LLC to August 11, 2021 and allow for additional one-year extensions.
Item(s) needing follow-up
Provide an updated memo showing a map of the Astound coverage area, if the City can get a
better deal on 1-net and continue negotiations to assist the City with coverage in underserved
areas.
Committee Recommendation
Unanimous approval. Forward to August 10, 2020 Committee of Whole.
B. Ordinance: Interim Flood Plain Management
Staff is seeking Council approval of an ordinance to adopt interim Flood Plain
Management regulations in compliance with FEMA requirements.
Committee Recommendation
Unanimous approval. Forward to August 10, 2020 Committee of the Whole.
C. 42"d Avenue South Bridge Closure
Committee members and staff discussed the recent three-day closure of the 42nd Avenue
South Bridge, including lessons learned and improvements for future road/bridge
closures.
Committee Recommendation
Discussion only.
59
COUNCIL AGENDA SYNOPSIS
----------------------------------Initials
Meeting Date
Prepared by
Mayors review
Council review
08/10/20
LH
08/17/20
LH
ITEM INFORMATION
ITEM NO.
3.D.
STAFF SPONSOR: BRUCE LINTON
ORIGINAL AGENDA DATE: 8/ 10/20
AGENDA ITEM TITLE School Speed Zone Automated Safety Camera Contract
CATEGORY ® Discussion
Mtg Date 08/10/20
® Motion
Mtg Date 08/17/20
❑ Resolution
Mtg 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
SPONSOR'S The City Council authorized automated traffic cameras in school speed zones via Ordinance
SUMMARY No. 2612. NovaGlobal has been selected as the contract awardee after successfully
demonstrating the requisite expertise in implementation and management during the RFP
process.
REVIEWED BY ❑ Trans&Infrastructure ® CommunitySvs/Safety ❑ Finance Com ❑ Planning/Economic Dev.
❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 7/27/20 COMMITTEE CHAIR: KRULLER
RECOMMENDATIONS:
SPONSOR/ADMIN. Recommend approval
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$Variable $0 $0
Fund Source: N/A
Comments: The program is self sustaining with two citations per day per camera mitigating the /ease,
MTG. DATE
RECORD OF COUNCIL ACTION
08/10/20
08/17/20
MTG. DATE
ATTACHMENTS
08/10/20
Informational Memo dated July 9, 2020
Service Contract with NovaGlobal, Inc. (updated after CSS Committee)
Minutes from the Community Services & Safety Committee meeting of 7/27/20
08/17/20
61
62
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO:
Public Safety Committee
FROM:
Bruce Linton, Chief of Police
BY:
Bruce Linton, Chief of Police
CC:
Mayor Ekberg
DATE:
07/09/2020
SUBJECT:
School Speed Zone Automated Safety Camera Contract
ISSUE
A contract between the City of Tukwila and NovaGlobal, Inc. to install and assist the city in the
administration and operation of systems to monitor and report school zone speed violations,
in accordance with applicable laws and ordinances, is required to conduct school speed zone
enforcement.
BACKGROUND
Ordinance No. 2612 codified in Chapter 9.53 (link) of The Tukwila Municipal Code authorized
the use of automated traffic safety cameras in school speed zones pursuant to the authority
granted to it under RCW 46.63.
The Informational Memo dated 7/10/19 (link) describes the School Speed Zone Program in
great detail. Additional background about the City Council's decision -making process can be
found in the 7/22/19 Committee of the Whole (link) and 8/5/19 Regular Meeting (link) minutes.
NovaGlobal was selected as the contract awardee after successfully demonstrating the
requisite expertise in implementing and managing Automated Traffic Enforcement Programs
during the Request for Proposal (RFP) process.
ANALYSIS
Using automated safety cameras will increase efficiencies in the areas of traffic enforcement,
education and the overall traffic and pedestrian safety within our city. They will provide more
efficient service with no immediate additional FTE's. Traffic Safety cameras are non-
discriminatory, and the Tukwila Municipal Court has indicated that it maintains the authority,
will consider, and mitigate the financial impact of fines to our vulnerable community with
alternative enforcement strategies.
NovaGlobal will collaborate with the police department to initiate pre -operational outreach
prior to system implementation. The Tukwila Police Department reached out to the
community over time and garnered the support leading up to the approval of Ordinance 2612
(link).
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63
INFORMATIONAL MEMO
Page 2
• Former Public Safety Committee
• Tukwila School Board
• Community Oriented Police Citizens Advisory Board
• Tukwila International Boulevard Action Committee
• Equity and Social Justice Committee
• Tukwila Reporter Newspaper
• Hazelnut Publication
• City of Tukwila Website linked to Police Department Website
FINANCIAL IMPACT
Consistent with normal Red -Light and School Zone Camera Vendor business models, there
are no upfront costs. The equipment is leased from the vendor, and the program is self -
funding (two citations per day per camera will mitigate the lease costs). Pricing for NG Safety
systems relating to fixed speed photo enforcement shall be as follows:
$3,999.00 per system per month, with less than 400 citations issued by the City per
month.
$4,900.00 per system per month, with between 400 and 800 citations issued by the
City per month.
$5,700.00 per system per month, with more than 800 citations issued by the City per
month.
This is a 3-year contract, and the per -year contractual cost would range from approximately
$96,000 to 137,000 based on the pricing range associated with the volume levels indicated
above.
RECOMMENDATION
Forward to the Council for approval of the 3-year Pilot Program proposal for the School
Speed Zone Cameras to the August 10, 2020 Committee of The Whole Meeting and
subsequent August 17, 2020 Regular Meeting.
ATTACHMENTS
Services Agreement Between the City of Tukwila and NovaGlobal, Inc.
64{KZ52207064.DOCX;1/13175.000001/ }
SERVICES AGREEMENT
BETWEEN THE CITY OF TUKWILA, WASHINGTON
AND NOVOAGLOBAL, INC. FOR
TRAFFIC INFRACTION DETECTION & ENFORCEMENT PROGRAM
This AGREEMENT (the "Agreement") made this day of March, 2020, by and
between NovoaGlobal, Inc. (formerly known as Sensys America, Inc.), a Delaware corporation
having a place of business at 8018 Sunport Drive, Suite 203, Orlando, Florida 32809 ("NG"),
and the City of Tukwila, a municipal corporation of the State of Washington, having an address
at 6200 Southcenter Boulevard, Tukwila, WA 98188 (the "City" and together with NG, the
"Parties" and each singularly a "Party").
WITNESSETH:
WHEREAS, pursuant to thechapter 9.53 of the Tukwila Municipal Code of the city 4
Tukwila, Washington, tle-9=s Automated Traffic Safety Cameras in School Zones, Chapter 9.G3,
§9.G3 as ,,,..wndea, the City may implement an automated photo enforcement program;
WHEREAS, NG has the knowledge, possession, and ownership of certain equipment,
licenses and processes, referred to collectively as the NG Safety System (the "System(s)");
WHEREAS, the City desires to use the Systems to monitor and enforce school zone speed
violations in accordance with applicable laws and ordinances;
WHEREAS, the Parties desire to enter into this Agreement, whereby NG will (i) install and
assist the City in the administration and operation of the Systems, as described in more detail on
Exhibit to this Agreement at the locations within the City's jurisdiction, and provide to the City
the services (the "Services"), all as more fully described on Exhibit A, and (ii) in connection with
the Services, license certain software and lease certain equipment to the City.
NOW, THEREFORE, in consideration of the mutual terms, covenants, and conditions
contained herein, and other good and valuable considerations, the receipt and sufficiency of which
are hereby acknowledged, the Parties, intending to be legally bound, agree as follows:
1. RECITALS AND EXHIBITS. The foregoing recitals are true and correct and are hereby
incorporated in haec verba. All exhibits attached to this Agreement contain additional
terms of this Agreement and are hereby incorporated in haec verba.
2. SERVICES
2.1. NG agrees to install and provide to the City for the Term, the Systems (the
"Equipment") and software (the "Software") to be supplied and installed by NG
in accordance with Exhibit (including the provision of all construction drawings,
permit applications and other documents required by applicable law for the
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65
installation and operation of the System(s)). In addition, if and to the extent set forth
in Exhibits A, B, C, and D, NG shall also supply to the City:
2.1.1. GitatienInfraction preparation processes that assist the City in complying
with current applicable City, State, and Federal law;
2.1.2. Training of personnel designated by the City involved with the operation of
the Systems and/or the enforcement and disposition of eitationsinfractions,
2.1.3. Expert witness testimony regarding the operation and functionality of the
System; and
2.1.4. Other support services for the System as set forth in Exhibit A.
2.2. If and to the extent the City has or obtains during the Term custody, possession or
control over any of the Equipment or Software, the City agrees:
2.2.1. Such Software, if manufactured or licensed by NG, is supplied under the
license set forth in Exhibit B (the "License") to which the City agrees;
2.2.2. Such Software, if manufactured by third parties, is supplied under third -
party licenses accompanying the Software, which licenses the City
acknowledges receiving and to which it hereby agrees; and
2.2.3. Such Equipment is supplied under the lease terms set forth in Exhibit C (the
"Lease") to which the City hereby agrees.
2.3. The City understands and agrees that (i) NG may, subject to the prior approval of
the City, which approval shall not be unreasonably delayed, conditioned or
withheld, subcontract with third parties for the provision or installation of part or
parts of the Systems or Services and (ii) installation of the Systems requires the
City's cooperation and compliance with IWNG's reasonable instructions
(including but not limited to City's provision of the personnel, equipment,
engineering plans, and other resources as described in Exhibit A or as otherwise
reasonably requested by NG) and reasonable access by NG (or such third parties)
to City premises and systems and (iii) the City will provide all of the foregoing in
Section 2.3(ii) to NG.
2.4. The City understands and agrees that the Systems will be owned by NG (or its
designees). The City shall use its best efforts to assist NG to identify any third -party
who is responsible for damage to the Systems or any part thereof.
2.5. NG shall coordinate its work with the City's Police and Public Works Departments.
3. TERM
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0
3.1. The effective date of this Agreement shall be the date first written above (the
"Effective Date"). The initial term (the "Initial Term") of this Agreement, the
License and the Lease shall begin upon the Effective Date, following full execution
of the Agreement by the Parties, and shall continue until the third (3rd) anniversary
of the Installation Date (the "Installation Date").
3.2. The City shall have the option to extend this Agreement, the License and the Lease
for two (2) additional three (3) year terms (each, a "Renewal Term"), on the same
terms and conditions specified herein except that the amounts due pursuant to
Section 5 hereof shall be adjusted in accordance with the change in the Consumer
Price Index — All Urban Consumers — U.S. City Average ("CPI") by multiplying
said amounts by the percentage change in the CPI from the beginning of the
immediately preceding term to the end of the immediately preceding Term. (Each
Renewal Term, if any, together with the Initial Term, the "Term"). The
"Installation Date" shall be the latest date that a System becomes installed and
operational at any of the originally selected locations described in Sections LA or
1.13 of Exhibit A.
4. TERMINATION AND EXPIRATION
4.1. This Agreement may be terminated by mutual written consent of the Parties.
4.2. This Agreement may be terminated for cause, by either Party if the other Party fails
in any material way to perform its obligations under the Agreement or otherwise
defaults in the performance of any obligation under this Agreement and such failure
or default continues for more than forty-five (45) days after written notice thereof
to the defaulting Party.
4.3. NG may terminate this Agreement, without liability, on thirty (30) days advance
written notice if NG concludes in its reasonable discretion that (i) potential or actual
liability of NG to third parties (other than persons claiming to own Intellectual
Property required for the operation of the System) arising out of or in connection
with the System makes the program impractical, uneconomical or impossible to
continue.
4.4. The City may terminate this Agreement on thirty (30) days advance written notice
if the City concludes in its reasonable discretion that (i) potential or actual liability
of the City to third parties arising out of or in connection with the System makes
the program impractical, uneconomical, legally contested or impossible to
continue; and/or (ii) the Systems cannot be installed.
4.5. Upon termination or expiration of this Agreement, either for default or because it
has reached the end of its term, the Parties recognize that the City will have to
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67
process violations in the "pipeline," and that NG aeee must assist the City
in this accord. Accordingly, the Parties shall take the following actions during the
wind -down period, and shall have the following obligations, which obligations
shall survive termination or expiration of the Agreement:
4.5.1. The City shall cease using the Software and
Equipment in its possession, custody or control and shall (a) immediately
allow NG a reasonable opportunity to remove such Equipment not to exceed
sixty (60) days and (b) immediately deliver to NG or irretrievably destroy,
or cause to be so delivered or destroyed, any and all copies of such Software
in whatever form and any written or other materials relating to such
Software in the City's possession, custody or control and within sixty (60)
days deliver to NG a certification thereof.
4.5.2. Unless directed by the City not to do so, NG shall
continue to process all images taken by the City before termination and
provide all services associated with processing in accordance with this
Agreement, and shall be entitled to reasonable fees specified in the
Agreement as if the Agreement were still in effect.
4.6. Notwithstanding anything to the contrary contained herein, or in the License or the
Lease, but except as provided in Section 21, the License and the Lease shall
terminate upon the termination or expiration of this Agreement.
5. FEES AND PAYMENT
The City agrees to pay NG a monthly fee as follows (the "Monthly Fees"):
5.1. Monthly Fees (pro -rated for any partial month) as described in Exhibit D
(Compensation & Pricing) in arrears with respect to each approach at which a
System has been installed. Such payment shall commence on the first business day
of the month following Commencement of Operations of each System and shall
continue on the first business day of each month for the Term or until this
Agreement is sooner terminated or such payment is modified in accordance with
Section 3.2. For purposes of this Agreement, "Commencement of Operations"
shall mean the first full day that the System captures events for processing and
issuance of notices of violation.
5.2. The City, being a Municipal Corporation, shall pay sales tax in accordance with
WAC 458-20-189. Accordingly, NG shall add sales tax to the invoices provided to
the City in compliance with Washington State Law.
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5.3. In the event that the United States Postal Service increases applicable First Class
Mail and/or Certified Mail postage, NG may invoice the City for the increased
postage actually paid by NG in connection with this Agreement. For example, if
First Class Mail postage were increased by $0.02, and NG mailed 1,000 notices,
NG would invoice the City $20.00.
5.4. Payment of all fees and other charges owed pursuant to this Agreement is due as
set forth above, and, to the extent invoice is required, within forty-five (45) days
after receipt of the invoice. Invoices will be sent to the City at:
SafetyCams@TukwilaWa.gov
5.5. Notwithstanding anything in this Agreement to the contrary, if amounts due to NG
pursuant to Section 5.1 in any month during the Term plus any amounts due to NG
pursuant to this Section 5.5 ("Monthly Photo Enforcement Fees") exceed the
revenue generated by operation of the Systems and actually received by the City
during that same month ("Monthly Photo Enforcement Revenue") then the City
shall pay to NG for such month only the amount of Monthly Photo Enforcement
Revenue. In such case, the difference between Monthly Photo Enforcement Fees
and Monthly Photo Enforcement Revenue (a "Payment Shortfall") shall be
accumulated and added to the Monthly Photo Enforcement Fees for the following
month. Payment Shortfalls, if any, shall accumulate from month -to -month until
paid in full, provided that under no circumstances shall the City ever be required to
make a payment of Monthly Photo Enforcement Fees to NG except from Monthly
Photo Enforcement Revenue. At the final expiration of this Agreement (last day of
validity of the agreement including any extensions) any accumulated Payment
Shortfalls shall be forfeited.
6. RESPONSIBILITIES OF THE CITY
6.1. The City shall provide NG with any "as built" drawings in electronic format that
are available at no cost to the City and shall consider for approval NG's engineering
drawings.
6.2. The City shall not levy any fees. However, if municipal ordinance requires the
assessment of fees by the City, said assessment shall be limited to permit fees as
required by the City's Municipal code. The City does not control fees for Public
Utilities or electrical permits for service. Levy of those fees for permits regarding
electrical service are outside the scope of this contract.
6.3. The City shall diligently prosecute ^i+�sinfractions in court at its own expense.
NG shall, at its own expense, participate in any proceeding challenging the use of
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We
the System, the validity of the System's results, and/or use of the U.S. Mail to
deliver ^ egran infraction notice.
6.4. The City will cooperate with NG in obtaining electrical connections at the roadside
and NG shall pay all costs associated with such connection and shall pay for all
power required by the System.
6.5. To allow for proper operation of the System, when known to the City, the City shall
provide NG with advance written notice of any modifications proposed to roadways
after installation of a System. In the event any such roadway modification requires
a material change to the System, the City shall pay the costs reasonably incurred by
NG to adapt the affected video monitoring system(s) or fixed speed enforcement
unit(s) to make such video monitoring system(s) or fixed speed enforcement unit(s)
compatible therewith. Notwithstanding the above, NG makes no guarantee that it
will be able to make any such adaptation. In the event that NG is unable to adapt
the affected System, then both parties shall be relieved of any further obligations
under this Agreement with respect only to the affected System.
6.6. During the Term, except as expressly permitted by this Agreement the City shall
not use the System, or allow the System's use by a third party, without the prior
written permission of NG.
7. LIMITED WARRANTY AND LIMITATION ON DAMAGES
7.1. NG warrants that the System's functionality will conform in all material respects to
the description of the System set forth on Exhibit A.
7.2. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, NG HEREBY
DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR
IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE SERVICES AND
SYSTEM, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED
WARRANTIES OF TITLE, NON -INFRINGEMENT, NON-INTERFERENCE
WITH ENJOYMENT, MERCHANTABILITY OR FITNESS FOR ANY
PARTICULAR PURPOSE AND ALL WARRANTIES IMPLIED FROM ANY
COURSE OF DEALING OR USAGE OF TRADE. THE CITY
ACKNOWLEDGES THAT EXCEPT AS EXPRESSLY PROVIDED HEREIN
NO OTHER WARRANTIES HAVE BEEN MADE TO MUNICIPALITY BY OR
ON BEHALF OF NG OR OTHERWISE FORM THE BASIS FOR THE
BARGAIN BETWEEN THE PARTIES.
7.3. The City acknowledges and agrees that:
7.3.1. The Systems may not detect every speeding violation;
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70
7.3.2. Since the System may flag as a violation conduct that is in fact not a
violation, the output of the System will require review, analysis and
approval by personnel appropriately qualified and authorized by the City
under applicable law prior to the issuance of any citation;
7.3.3. The System has no control over, and relies on the proper functioning of
equipment provided by entities other than NG;
7.3.4. The proper functioning of the System requires the City's full and complete
compliance with the Systems' operating instructions, which it hereby agrees
to do; and
7.3.5. NG shall not be responsible for the configuration and/or operation of any
intersection traffic light systems and NG shall have no liability or
obligations with respect thereto.
8. INDEMNIFICATION AND INSURANCE
8.1. NG shall at all times comply with all federal, state and local laws, ordinances and
regulations and shall comply with the maintenance procedures and manufacturer's
recommendations for operation of the Systems which affect this Agreement and
shall defend, indemnify and hold harmless the City against any claims, injuries,
damages, losses, or suits including attorney fees, arising from NG's violation of
any such laws, ordinances and regulations or any claims arising from NG's
performance of this Agreement, including as a result of the negligence,
recklessness, or willful misconduct of NG, its officers and directors, agents,
attorneys, and employees, but excluding any employees or agents of City.
8.2. NG agrees to indemnify, defend, and hold harmless the City from any and all
claims, damages, injuries, losses, or suits including attorney fees, by a third party
arising from either (a) a finding that the System infringes any validly issued United
States patent or (b) NG's willful misconduct, recklessness, or negligence, provided
that such claim of damages, except for injuries and damages caused by the sole
negligence of the City, which is not attributable to (i) any act or omission set forth
in Section 8.3 or (ii) any third -party software or other third -party products used
with, required for use of, or supplied under their own names with or as part of the
System. If, as a final result of any litigation of which NG is obligated to indemnify,
the use of the System by the City is prevented, in whole or in part, by an injunction,
NG's sole obligation to the City as a result of such injunction shall be, at NG's
option, either to (i) replace such part as has been enjoined, or (ii) procure a license
for NG or the City to use same, or (iii) remove same and terminate this Agreement
at no additional cost to the City.
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8.3. Should a court of competent jurisdiction determine that this Agreement is subject
to RCW 4.24.115, then, 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 the NG and the City, its officers, officials, employees, and volunteers,
the NG's liability hereunder shall be only to the extent of the NG's negligence. It
is further specifically and expressly understood that the indemnification provided
herein constitutes the NG's waiver of immunity under Industrial Insurance, Title
51 RCW, solely for the purposes of this indemnification. This waiver has been
mutually negotiated by the parties. The provisions of this section shall survive the
expiration or termination of this Agreement.
8.4. Notwithstanding anything in this Agreement to the contrary, NG assumes no
obligation or liability for any claim of damages (including the payment of
reasonable attorneys' fees) by a third party arising from or related to (i) any
modification of the System made by the City, (ii) the sole negligence or willful
misconduct of the City, (iii) the failure to function properly of any hardware,
software or equipment of any kind used by, in or on behalf of the City (other than
that supplied by NG), or (iv) the review and analysis of the System data output by
the City personnel for eitatieninfraction preparation.
8.5. The rights of the City to seek indemnification under this Section 8 shall be
conditioned upon (i) the City notifying NG promptly upon receipt of the claim or
action for which indemnification is sought and (ii) the City's full cooperation with
NG in the settlement or defense of such claim or action at no cost to the City. The
City agrees not to charge NG for the time of the City's personnel engaged in such
cooperation. Such cooperation shall include, but not be limited to, the City
providing access for, and permission to, NG for the purpose of the replacement of
such part or parts of Systems as NG may deem necessary or desirable. The City
may participate in the defense of any indemnified matter through counsel of its own
choice and at its own expense provided that NG shall remain in, and responsible
for, control of the matter. This Section 8 states the entire liability and obligation
and the exclusive remedy of the City with respect to any actions or claims (i) of
alleged infringement relating to or arising out of the subject matter of this
Agreement or (ii) otherwise the subject of this paragraph.
8.6. NG shall maintain the following minimum scope and limits of insurance:
8.6.1. Comprehensive general liability insurance with limits no less than
$1,000,000 each occurrence, $2,000,000 general aggregate. Commercial
General Liability insurance shall be at least as broad as ISO occurrence form
CG 00 01 and shall cover liability arising from premises, operations, stop-
gap, products -completed operations, independent contractors, personal
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injury and advertising injury, and liability assumed under an insured
contract. The City shall be named as an additional insured under NG'S
Commercial General Liability insurance policy with respect to the work
performed for the City using an additional insured endorsement at least as
broad as ISO CG 20 26.Workers Compensation coverage as required by the
Industrial Insurance laws of the State of Washington; and
8.6.2. Comprehensive Automobile Liability Insurance for all owned, non -owned
and hired automobiles and other vehicles used by NG with a minimum
combined single limit for bodily injury and property damage of $1,000,000
per accident. Automobile Liability insurance shall cover all owned, non -
owned, hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be endorsed to
provide contractual liability coverage.
8.6.3. Commercial Umbrella covering General Liability, Auto Liabili , and
Employers Liability providing an additional coverage of $1,000,000.
8�8.6.4. Other Insurance Provision. The Consultant's Automobile Liability and
Commercial General Liability insurance policies are to contain, or be
endorsed to contain that they shall be primary insurance with respect to the
City. Any Insurance, self-insurance, or insurance pool coverage maintained
by the City shall be excess of the Consultant's insurance and shall not be
contributed or combined with it.
8.6:4.8.6.5. Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best rating of not less than A:VII.
8�8.6.6. Verification of Coverage. Consultant shall furnish the City with original
certificates and a copy of the amendatory endorsements, including but not
necessarily limited to the additional insured endorsement, evidencing the
insurance requirements of the Contractor before commencement of the
work. Upon request by the City, the Consultant shall furnish certified
copies of all required insurance policies, including endorsements, required
in this Agreement and evidence of all subcontractors' coverage.
8.6.6.8.6.7. Notice of Cancellation. The Consultant shall provide the City with written
notice of any policy cancellation, within two business days of their receipt
of such notice.
8�8.6.8. Failure to Maintain Insurance. Failure on the part of the Consultant to
maintain the insurance as required shall constitute a material breach of
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contract, upon which the City may, after giving five business days'
notice to the Consultant to correct the breach, immediately terminate the
contract or, at its discretion, procure or renew such insurance and pay any
and all premiums in connection therewith, with any sums so expended to be
repaid to the City on demand, or at the sole discretion of the City, offset
against funds due the Consultant from the City.
8.7. The City shall be named as additional insured on the comprehensive general
liability policies provided by NG under this Agreement. NG shall require any
subcontractors doing work under this Agreement to provide and maintain the same
insurance, which insurance shall also name the City and its officers, employees,
and authorized volunteers as additional insured.
8.8. Certificates showing NG is carrying the above described insurance, and evidencing
the additional insured status specified above, shall be furnished to the City within
thirty (30) calendar days after the date on which this Agreement is made. Such
certificates shall show that the City shall be notified of all cancellations of such
insurance policies. NG shall forthwith obtain substitute insurance in the event of a
cancellation.
8.9. All insurance required by express provision of this Agreement shall be carried only
in responsible insurance companies licensed to do business in the State of
Washington and shall name as additional insured the City. NG will furnish the City
with Certificates of Insurance and applicable endorsements for all such policies
promptly upon receipt of them. NG may effect for its own account insurance not
required under this Agreement.
9. CHANGE ORDERS OR ADDITIONAL SERVICES. Changes to Services and
additional Systems may be added to this Agreement by mutual consent of the Parties in
writing as an addendum to this Agreement. The City and NG agree that should legislation
or local ordinance be enacted to enable new photo enforcement solutions within the City's
jurisdiction, the City shall have the option to negotiate services and fees and issue a change
order to cover such services.
9.1. The City will appoint a project manager, which shall be an administrative ranked
City Police Officer who will have oversight of the installation and implementation
of the NG systems. The proj ect manager has the authority to make daily operational
management decisions. Only the Mayor or his/her designee has the authority to
authorize additional systems exceeding the original agreement, change orders,
request additional services, and extensions.
10. CONFIDENTIAL AND PROPRIETARY INFORMATION; PUBLIC RECORDS
LAW COMPLIANCE.
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10.1. The Parties agree that they shall comply with the public records disclosure
provisions of the Revised Code of Washington, Chapter 42.56, Public Records Act
and RCW 46.63.170(1)(g).
10.2. NG agrees that:
10.2.1. All information obtained by NG through operation of the Systems shall be
made available to the City at any time during the Tukwila Municipal Court's
normal business hours which are 08:30am to 5:00pm pacific time,
excluding Proprietary Information not reasonably necessary for the
prosecution of citations or fulfillment of the City's obligations under this
Agreement.
10.2.2. It shall not use any information acquired from the performance of the
Services contemplated in this Agreement, including without limitation,
information with respect to any violations, violators, information obtained
from recorded images or information concerning the City's law
enforcement activities for any purpose other than for the benefit of the City.
10.2.3. No information given by NG to the City will be of a confidential nature,
unless specifically designated in writing as "Proprietary Information" and
expressly exempt from public records disclosures required by the Revised
Code of Washington, Chapter 42.56, Public Records Act.
10.2.4. As used in this Agreement, the term "Proprietary Information" shall mean
all trade secrets or confidential or proprietary information designated as
such by NG, whether letter or by the use of an appropriate proprietary stamp
or legend, prior to or at the time any such trade secret or confidential or
proprietary information is disclosed by NG to the City. In addition, the term
"Proprietary Information" shall be deemed to include: (a) any notes,
analyses, compilations, studies, interpretations, memoranda or other
documents prepared by the Recipient which contain, reflect or are based
upon, in whole or in part, any Proprietary Information furnished to the
Recipient.
10.2.5. The City shall use the Proprietary Information only for the purpose of
fulfilling its duties hereunder (the "Purpose") and such Proprietary
Information shall not be used for any other purpose without the prior written
consent of NG. "Purpose" shall be deemed to not include any disclosure of
the Proprietary Information to any person or entity. The City shall hold in
confidence, and shall not disclose to any person or entity, any Proprietary
Information nor exploit such Proprietary Information for its own benefit or
the benefit of another without the prior written consent of NG.
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10.2.6. Notwithstanding anything contained in this Agreement to the contrary, this
Agreement shall not prohibit the City from disclosing Proprietary
Information to the extent required in order for the City to comply with
applicable laws and regulations, provided that the City provides prior
written notice of such required disclosure to NG.
11. INDEPENDENT CONTRACTOR; NO AGENCY.
11.1. It is understood that NG is an independent contractor and not an agent or employee
of the City for any purpose including, but not limited to, federal tax and other state
and federal law purposes. Nothing in this Agreement shall be considered to create
the relationship of employer and employee between the parties hereto. Neither
Contractor nor any employee of Contractor shall be entitled to any benefits
accorded City employees by virtue of the services provided under this Agreement.
The City shall not be responsible for withholding or otherwise deducting federal
income tax or social security or contributing to the State Industrial Insurance
Program, or otherwise assuming the duties of an employer with respect to the
Contractor, or any employee of the Contractor. NG specifically assumes
responsibility for payment of all federal, state and local taxes imposed or required
of NG under unemployment insurance, Social Security and income tax laws for the
duration of this contract. NG shall be solely responsible for any worker's
compensation insurance required by law and shall provide the City with proof of
insurance upon demand. The parties agree that the City shall not:
11.1.1. Pay dues, licenses or membership fees for NG;
11.1.2. Require attendance by NG, except as otherwise specified herein;
11.1.3. Control the method, manner or means of performing Services under this
Agreement, except as otherwise specified herein; or
11.1.4. Restrict or prevent NG from working for any other Party.
11.2. Neither Party has the right or the power to enter into any contract or commitment
on behalf of the other Party, including entering into agreements with third parties,
exercising incidents of ownership with respect to property owned by the Party or
executing contracts binding upon the other Party.
12. NOTICES.
12.1. Any notices or demands which, under the terms of this Agreement or under any
statute, must or may be given or made by NG or the City shall be in writing and
shall be given or made by personal service, first class mail, FedEx, or by certified
or registered mail to the Parties at the following addresses:
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Notices to the City of Tukwila shall be sent to the following address:
City Clerk, City of Tukwila
6200 Southcenter Blvd
Tukwila, WA 98188
Notices to NG shall be sent to the following address:
NovoaGlobal, INC
8018 Sunport Drive Suite 203
Orlando, FL 32809
12.2. Except as otherwise specified, all notices, payments and reports hereunder shall be
deemed given and in effect as of the date of mailing or transmission, as the case
may be, when sent by next day delivery or courier service, postage pre -paid, or
three (3) days after the date of mailing when sent by first class mail, postage pre-
paid, addressed in all such cases to the Parties as set forth in section 12.1, above, in
each case to the President of NG or the Mayor of the City.
13. ASSIGNMENT. Except as specifically provided in this Agreement, neither Party may
assign, or delegate performance of its obligations under, this Agreement, without prior
express written consent of the other Party, except that NG may assign or otherwise
encumber this Agreement, the License and the Lease for the purpose of obtaining
financing; provided, however, that this Agreement may be assigned to any Person that
acquires all or substantially all of NG' assets in one transaction.
14. AMENDMENT AND MODIFICATION. This Agreement may be modified or amended
from time to time by the Parties, provided, however, that no modification or amendment
hereto shall be effective unless it is stated in writing, specifically refers to this Agreement
and is executed on behalf of both Parties.
15. NON WAIVER. The failure of either Party to require performance of any provision of this
Agreement shall not affect the right to subsequently require the performance of such
provision or any other provision of this Agreement. The waiver of either Party of a breach
of any provision shall not be taken or held to be a waiver of any subsequent breach of that
provision or any subsequent breach of any other provision of this Agreement.
16. FORCE MAJEURE. Neither Party shall be liable to the other for failure or delay in
meeting any obligations hereunder which arises in whole or in part from causes which are
unforeseen by, or beyond the control of, such Party, including without limitation, acts of
God or of a public enemy, acts of terrorism, acts of the Government (other than the City in
the case of the City) in either its sovereign or contractual capacity, fires, floods, epidemics,
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quarantine restrictions, strikes, freight embargoes, acts or omissions of (i) non -
subcontractor third -parties and (ii) third party equipment, telecommunications and
software suppliers, and unusually severe weather. When any such circumstance(s) exist,
NG shall have the right, in its sole discretion, to allocate its available production, deliveries,
services, supplies and other resources among any and all buyers (whether or not including
the City), as well as among departments and affiliates of NG, without any liability to the
City.
17. DISPUTE RESOLUTION AND REMEDIES.
17.1. All disputes arising out of or in connection with the Agreement shall be attempted
to be settled through good -faith negotiation between the City's appointed Project
Manager and the President of NG, followed, if necessary, within thirty (30)
calendar days, by professionally -assisted mediation. Any mediator so designated
must be acceptable to each party and must be a certified mediator in the State of
Washington. The mediation will be conducted as specified by the mediator and
agreed upon by the Parties. The Parties agree to discuss their differences in good
faith and to attempt, with the assistance of the mediator, to reach an amicable
resolution of the dispute. The mediation will be treated as a settlement discussion
and therefore will be confidential. The mediator may not testify for either party in
any later proceeding relating to the dispute. No recording or transcript shall be
made of the mediation proceedings. Each party will bear its own costs in the
mediation. The fees and expenses of the mediator will be shared equally by the
Parties.
17.2. Failing resolution through negotiation or mediation, all actions, disputes, claims
and controversies under common law, statutory law or in equity of any type or
nature whatsoever, whether arising before or after the date of this Agreement, and
whether directly or indirectly relating to: (a) this Agreement and/or any
amendments and addenda hereto, or the breach, invalidity or termination hereof;
(b) any previous or subsequent agreement between the parties; and/or (c) any other
relationship, transaction or dealing between the parties (collectively the
"Disputes"), will be subject to and resolved by binding arbitration pursuant to the
Commercial Arbitration Rules of American Arbitration Association. Any award or
order rendered by the arbitrator may be confirmed as a judgment or order in any
state or federal court of competent jurisdiction within the federal judicial district
which includes the residence of the Party against whom such award or order was
entered. The prevailing Party in any arbitration shall be entitled to reasonable
attorney fees and costs.
18. GOVERNING LAW; JURISDICTION; VENUE. The parties agree that this Agreement
is consummated, entered into, and delivered in King County, Washington. Notwithstanding
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conflicts of laws provisions, this Agreement has been and is to be governed by, construed,
interpreted and enforced in accordance with the laws of the State of Washington. In the
event that any litigation is commenced by either party to enforce this Agreement, the action
will be filed and litigated, if necessary, solely and exclusively in a court of competent
jurisdiction located in King County, Washington. The parties waive any and all rights to
have this action brought in any place other than King County, Washington, under
applicable venue laws. The Parties hereby irrevocably waive any and all rights to have this
action brought in any place other those stated herein. The Parties hereby irrevocably waive
any claim that any such action has been brought in an inconvenient forum.
19. ATTORNEY'S FEES AND COSTS. In the event arbitration is commenced to enforce
this Agreement, costs of said suit including reasonable attorney's fees in all proceedings,
trials, investigations, appearances, appeals and in any bankruptcy proceeding or
administrative proceeding shall be paid to the prevailing Party by the other Party.
20. DISCRIMINATION PROHIBITED. NG, with regard to the work performed by it under
this Agreement, will not discriminate on the grounds of race, religion, creed, color, national
origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political
affiliation, the presence of any disability, or any other protected class status under state or
federal law, in the selection and retention of employees or procurement of materials or
supplies.
21. GENERAL AND MISCELLANEOUS.
21.1. Time shall be of the essence of this Agreement.
21.2. In this Agreement, wherefore the singular and masculine are used, they shall be
construed as if the plural or the feminine or the neuter had been used, where the
context or the party or parties so requires, and the rest of the sentence shall be
construed as if the grammatical and the terminological changes thereby rendered
necessary had been made.
21.3. Paragraph headings are provided as an organizational convenience and are not
meant to be construed as material provisions of this Agreement.
21.4. Preparation of this Agreement has been a joint effort of the Parties and the resulting
document shall not, solely as a member of judicial construction, be construed more
severely against one of the parties than the other.
21.5. This Agreement may be executed in counterparts, each constituting a duplicate
original, but such counterparts shall constitute one and the same Agreement.
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21.6. The burdens of this Agreement shall be binding upon, and the benefits of this
Agreement shall inure to, all successors in interest to the Parties to this Agreement
from and after the Effective Date.
21.7. Each Party to this Agreement agrees to do, execute, acknowledge, and deliver or
cause to be done, executed, acknowledged and delivered, all such further acts, and
assurances in a manner and to the degree allowed by law, as shall be reasonably
requested by the other party in order to carry out the intent of and give effect to this
Agreement. Without in any manner limiting the specific rights and obligations set
forth in this Agreement or illegally limiting or infringing upon the governmental
authority of the City, the Parties declare their intention to cooperate with each other
in effecting the purposes of this Agreement, and to coordinate the performance of
their respective obligations under the terms of this Agreement.
21.8. Except as set forth in this Agreement and the Exhibits hereto, no representation,
statement, understanding or agreement, whether written or oral, has been made and
there has been no reliance on anything done, said or any assumption in law or fact
with respect to this Agreement for the duration, termination or renewal of this
Agreement other than as expressly set forth in this Agreement and there has been
no reliance upon anything so done or said that in any way tends to change or modify
the terms or subject matter of this Agreement or to prevent this Agreement from
becoming effective.
21.9. This Agreement supersedes any agreements and understandings, whether written
or oral, entered into by the Parties hereto prior to the Effective Date of this
Agreement.
22. SURVIVABILITY. Termination or expiration of this Agreement shall not relieve either
Party of their respective obligations, which are expressly noted to survive termination or
expiration or under the following sections which shall survive termination and expiration:
Sections 4.5, 5, 7.2, 7.3, 8, 10, 17, 18, 19, 20, and this Section 21. Sections 4, 7 and 8 (but
only to the extent Section 8 corresponds to Sections of the Agreement which survive) of
the License and Sections 3, 4, 5, 6, 7 and 8 (but only to the extent Section 8 corresponds to
Sections of the Agreement which survive) of the Lease shall survive any expiration or
termination of this Agreement, the License or the Lease.
23. SEVERABILITY. If any covenant or provision of this Agreement is, or is determined to
be, invalid, illegal or unenforceable by a court of competent jurisdiction, then such
covenant or provision will be ineffective only to the extent of such prohibition or invalidity.
All remaining covenants and provisions of this Agreement shall nevertheless remain in full
force and effect, and no covenant or provision of this Agreement shall be deemed to be
dependent upon any covenant or provision so determined to be invalid, illegal or
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unenforceable unless otherwise expressly provided for herein. The invalidity of any
provision of this Agreement or any covenant herein contained on the part of any party shall
not affect the validity of any other provision or covenant hereof or herein contained which
shall remain in full force and effect.
24. Each party acknowledges that it has read this Agreement and understands the terms and
conditions herein. Further, the Parties have caused this Agreement to be executed on its
behalf by the authorized officer whose signature appears below under its name, to be
effective as of the date written above.
IN WITNESS WHEREOF, the Parties hereto have set their hands by their duly authorized
representatives as of the day and year first above written.
NovoaGlobal, Inc.
Carlos Lofstedt
President and CEO
City of Tukwila, Washington
Allan Ekberg
Mayor
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EXHIBIT A SERVICES
NG shall provide the City with the Systems. In connection with furnishing the Systems, NG
shall provide the following to the City, each of which is more fully described below:
SITE INSTALLATION PLANNING; DESIGN AND EQUIPMENT INSTALLATION
2. TRAINING AND SUPPORT
3. CITATION PREPARATION AND PROCESSING SERVICES
4. MAINTENANCE
5. PUBLIC EDUCATION CAMPAIGN
6. EXPERT WITNESS TESTIMONY AND COURT TRAINING
7. REPORTING
1. SITE INSTALLATION PLANNING, DESIGN AND EQUIPMENT
INSTALLATION
1.1. The Systems.
1.1.1. NG will initially install two (2) Systems (which shall remain property of
NG), monitoring such locations as the City and NG shall mutually agree.
Up to fifty (50) additional Systems may be added at the option of the City
with NG's consent. None of the quantities mentioned under this paragraph
shall be interpreted as mandatory quantities. The actual quantities to be
installed can only be approved by the City. The installation of any system
will require the written approval of the Mayor or his/her designee. Each
System shall comprise of equipment capable of monitoring violations at a
single approach to a school zone for up to five lanes of traffic. NG will
install new Systems upon mutual agreement of the Parties. School zone
fixed speed enforcement systems will conduct enforcement while beacon
systems are in an activated state within the identified school zone. NG will
ensure school zone fixed speed enforcement systems are integrated with
City's school zone flashing beacons, if present.
1.1.2. Automated traffic safety cameras shall only take pictures of the vehicle and
vehicle license plate. The image must not display the face of the driver or
of passengers in accordance with RCW 46.63.170(1)(d).
1.1.3. The Systems shall include all equipment located on each roadway or in the
right of way, telecommunications equipment, and Software and shall have
the capability of transferring images from the roadside in accordance with
RCW 46.63.170 to be accessed at the City's Police Department processing
facility.
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1.1.4. Substitution, Relocation, or Addition of a Site. If NG or the City reasonably
determines that one or more sites selected for installation of a System is not
for any reason appropriate for the System (and such determination is made
at least fifteen (15) days prior to the commencement of installation of the
System at any such location), then alternate location(s) may be substituted
by written consent of the Parties. If the average monthly violation collected
from any individual system does not meet the level required for the
individual system to be cost neutral for a period of twelve (12) consecutive
months, the City shall have the right to request relocation of the system to
a more effective location. This request must be in writing and before twenty
four (24) months of the expiration of the contract or any of its extensions.
In response to said request, NG shall have the option to comply with the
request, reduce the fee temporarily, or permanently reduce the fee to a level
equal to the violation (revenue) collected from that individual system.
1.1.5. Timeframe for Installation of the System. NG shall install and activate the
Systems in accordance with an installation timeline to be mutually agreed
to by NG and the City, which installation shall conclude within sixty (60)
days after all necessary permits and approvals are received by NG. NG
shall endeavor to install the System in accordance with the schedule set
forth in the Implementation Plan. The City agrees that the estimated dates
of installation and activation of the System set forth in the Implementation
Plan are subject to delay based on conditions beyond the control of NG and
are not guaranteed.
1.1.6. Installation/Ownership of the System. NG shall procure, install and provide
support of installed equipment at each of the agreed upon locations. As
between NG and the City, all components for the System will remain the
property of NG.
1.2. Installation
1.2.1. NG shall submit plans and specifications to the City for review and
approval.
1.2.2. All cameras and other equipment shall be enclosed in lockable, weather and
vandal -resistant housing. All wiring shall be internal to equipment (not
exposed) and if commercially reasonable and if capacity exists,
underground in existing conduits, except where required to directly
interface with existing electrical service. Separate conduits or other
methods, as approved by the City or electrical service provider, may be used
by NG if existing conduit(s) are at capacity.
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1.2.3. NG will not enter City's traffic signal control boxes without permission
and/or authorization of the City's Public Works Department.
1.2.4. The provision, installation, and maintenance of all necessary electronic
system communication equipment will be the sole responsibility of NG.
1.2.5. The System may be mounted on or utilize support of existing traffic signal
poles, arms or other City -owned structures where possible, subject to City
review and approval.
1.2.6. The System poles, foundations, signs, and new infrastructure, as required,
shall conform to applicable law.
1.3. Restoration of Roadways and/or Right of Wad Upon termination or expiration of
the Agreement, NG shall remove the System and restore the affected public
facilities including returning the roadway and/or right of way to their original
condition; provided, however, that NG shall not be required to remove any conduit,
in -ground fixture, underground wiring or other infrastructure that will require
excavation or demolition. All costs incurred by NG thereby will be the
responsibility of NG.
1.4. Compliance with Law. NG shall design and install the System in compliance with
all currently existing federal, state and local laws and regulations. NG covenants
and agrees that its Systems shall, at all times, comply with all applicable laws,
regulations, rules and orders ("Legal Requirements"). NG shall continuously
monitor the status of such Legal Requirements to ensure continuous compliance. In
the event of any change in the Legal Requirements, NG shall modify or replace (at
its sole cost) all or any portion of its non -compliant Systems. Any such modification
shall be effected by NG in a reasonable period of time (not to exceed ninety (90)
days for modification or one hundred eighty (180) days for complete system
replacement) and NG's failure to effect such modification or replacement in a
timely manner shall be grounds for the City to terminate this Agreement for cause.
Any such termination shall not relieve NG of its obligation to restore each site to
its original condition.
2. TRAINING OF CITY PERSONNEL. After System installation, NG shall provide up to
eight (8) hours of training for up to ten (10) persons at two (2) sessions at the City's
facilities to acquaint City personnel with System operation. Training shall consist of
instructional and operational training as well as hands-on equipment exercises with an
instructor. All necessary training materials and documentation will be provided by NG at
NG's expense. NG shall make all such training services available to the City prior to the
end of the thirty (30) day period following the Installation Date. If the City requests
additional courses or training, NG shall provide these on a cost reimbursement basis.
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Additionally, NG will provide and maintain a web -based training service that includes
basic operation instructions as well any system or procedure changes to ensure continuity
for court personnel and law enforcement end users.
3. CI INFRACTION PREPARATION AND PROCESSING SERVICES
3.1. Qtyrinfraction Preparation and Processing NG shall (1) perform the initial
review of all data generated at the roadside, (2) process and format violations
utilizing a computerized traffic eitatio infraction program that shall store all
information required for eitatio infraction processing required by state law, local
law, and in accordance with court of jurisdiction's specifications, and (3) transfer
the *infractions to the Police Department's computer for review and
decision on whether or not to issue a eitatienan infraction. If NG is permitted by
applicable law or regulation to do so, NG shall also review all Washington State
Department of Licensing information and print and mail ^infraction forms.
NG shall pay all mailing and postage costs, and such other miscellaneous costs and
expenses as may be reasonably necessary to issue a eitatie infraction and deliver
it by U.S. mail. To the extent required by applicable law, NG shall obtain a
certification of mailing issued by the U.S. Post Office. Notwithstanding anything
to the contrary in the foregoing provisions of this Section 3.1, NG will shall not
process nor support any ^i*�sinfractions not captured by the System and/or
approved by the City.
3.2. Officer Discretion. NG recognizes and agrees that the decision to issue or dismiss
eitationan infraction shall be the sole and exclusive decision of a sworn officer of
the City's Police Department. In no event shall any NG employee or representative
have the ability to authorize or dismiss any eitations infractions.
3.3. Mailing of 0ta-tienig. Cit-atterrslnfractions. Infractions shall be mailed to the
violator as soon as is reasonably practicable, and in no event longer than ten (10)
business days after being approved by the City and NG has been notified of such
approval. The form of eita4io infraction shall be subject to the approval of the City.
3.4. Cooperation With Police and the Courts. NG shall be responsible for, and pay for,
the cost of issuing and the mailing eitationsinfractions in accordance with
applicable law. NG shall coordinate with the City and the courts and shall comply
with the applicable law and court procedures regarding the mailing and other
requirements necessary for the issuance and processing of traffic
^i*�sinfractions. All ^i*sinfractions shall be reviewed and approved by the
City's Police Department prior to mailing. In addition, NG will cooperate with the
courts to set up the necessary communications systems for processing. It is agreed
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0
that the Tukwila Municipal Court will be solely responsible for processing
delinquent notices.
3.5. With respect to each violation authorized by the City, within five (5) business days
after NG's receipt of such authorization, NG shall file with the Tukwila Municipal
Court, a copy (electronic or otherwise) of the eitatio infraction. NG acknowledges
that Washington State law requires all ^i*�sinfractions be filed within five days
of issuance (i.e., date signed by Police Officer) or the infraction is subject
to dismissal under court rule. Filing of eitationsinfractions within five days of
issuance shall be considered a material provision of this Agreement. This paragraph
only applies in case that the City choses to use JIS. If the City elects to use NG's
Back Office_, then no filing would be required.
3.6. Rental car and business vehicles. NG will coordinate with the City and Courts to
establish an acceptable procedure to streamline and coordinate the processing,
notification, and accountability of rental car violation and corporate vehicle
violations.
3.7. Preparation of Evidence Packa� NG shall provide electronic copies of evidence
packages in such form as may be reasonably agreed upon with the courts to enable
the City to enforce its ^i*�sinfractions in court.
3.8. Access to License Information. NG shall maintain the ability to access the license
information and the registered owner residence address for all U.S. registered
vehicles, and the per -request fee for information, if any, shall be paid by NG. If
possible, NG will identify rental vehicle and corporate vehicle violations to migrate
and merge original ..:,infraction with rental and business nomination for
appropriate processing needs. If NG is unable to access such information, NG shall
provide the make and license plate number of each violator to the City, which will
obtain and input the information into the System, or provide such information to
NG within a reasonable period of time.
3.9. Numbering System. NG, in coordination with the City, shall develop and
implement an independent numbering system for automated safety camera
speeding ^i*�sinfractions. This numbering system should be at least 9 digits
and start with the two letters SC (denoting Safety Camera). The final 7 digits
should be numeric.
3.10. Transmission of Information. NG shall make all eitatio infraction information
available to the City via an electronic file using comma separated value files on a
secure FTP site. NG shall maintain a documented chain of custody for all
electronically transmitted information while the information is under NG's control.
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4. MAINTENANCE
4.1. Maintenance of System. Except as provided herein, NG shall Maintain the System
(as such term is defined below); provided however, that NG shall not be responsible
for any maintenance, repair or replacement required as a result of (i) the negligence
or intentional act of the City, its employees, agents or independent contractors
(other than NG) and/or (ii) any equipment or software not provided by NG. NG
shall maintain a maintenance log that documents all service issues. To "Maintain
the System" shall mean to keep the System in a state of operation such that the
System's functionality and operation conforms in all material respects to the
description of the System set forth in this Exhibit. All problems shall be
documented, and repairs commenced within seventy-two (72) business hours after
the time NG receives notice thereof. NG shall also install all software revisions for
Systems as and when developed and made commercially available by NG. NG is
responsible to ensure systems are operational. NG will repair and upgrade as
needed, including any vandalized equipment, and maintain a reasonably clean
appearance and in a graffiti -free condition. Graffiti shall be removed within 7 days
of notice to NG.
4.2. Equipment Checks. When possible, NG shall perform remote camera and
equipment checks to confirm proper operation of computers, cameras and
communications network. In -field camera equipment inspection will be done as
needed or when remote camera and equipment checks are not possible. The System
shall have the capability of on-line monitoring of all cameras in each school zone.
4.3. NG will conduct routine testing, evaluation, and monitor the system to ensure the
system is operational. If a deficiency, malfunction, or failure of the system is
detected, NG will notify the City's Police Department within 72 hours by written
or electronic notification. If the system cannot be restored or repaired to full
functional capability within 7 consecutive calendar days, NG will reduce the fee to
reflect the time the system is deficient, malfunctioning, or failing. The fee
reduction shall be applied to the affected billing cycle and continue until the system
is restored to full operation. This reduction shall be identified on the billing
statement to the City's Police Department.
5. PUBLIC EDUCATION CAMPAIGN
5.1. Public Awareness Program. NG shall assist the City with a Public Awareness
Program. Such assistance shall consist of:
5.1.1. Paying for and installing all signage required by State law and local
ordinance or as otherwise required by resolution of the City's Council;
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5.1.2. Reasonable assistance for a media event to launch the community education
program;
5.1.3. Preparing, publishing, and printing brochures in as many languages as
possible, but at least in English and Spanish;
5.1.4. A reasonable amount of training for City staff ; and
5.1.5. Providing a multi-lingual (including English and Spanish) toll -free
customer service hotline which shall be staffed sufficiently during all
regular business hours.
6. EXPERT WITNESS TESTIMONY AND COURT TRAINING
6.1. Expert Witness Testimony. NG shall provide expert witness testimony at its sole
expense, as necessary, to testify regarding the accuracy and technical operation of
the System as necessary for court challenges to the operation of the System.
6.2. Court Training. NG shall conduct a one -day workshop -orientation session for
Municipal Court judges (and/or their designees), hearing officers, other appropriate
court officials and the City prosecutor. NG will provide and maintain a web -based
training service to the City that includes information regarding basic operation and
any system or procedure changes to ensure continuity for court staff end users.
7. REPORTING
7.1. Bi-Monthly Report. NG shall submit to the City a Bi-Monthly Report on project
results within fifteen (15) days after the end of two -week period and provide web
access to such reports.
7.2. Monthly Report. NG shall submit to the City's Public Works Department a monthly
Report on statistical information regarding traffic volumes, average speed, and
traffic congestion within thirty (30) days after the end of calendar month. Web
access to such reports shall also be provided to City's Public Works Department.
7.3. Annual Report. NG shall submit an annual report of the number of citations issued
for each camera system and any other relevant information about the automated
traffic safety cameras the City deems appropriate for the City's web page.
7.4. Additional Reports or Information. Any other reports and information are not part
of the Agreement and the preparation and delivery of any other such reports or
information may result in additional fees.
7.5. Database. NG shall maintain a database with the following information per
violation:
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i S
7.5.1. Location, date and timei
7.5.2. Speed of vehiclei
7.5.3. Vehicle description including license plate state and number;
7.5.4. Applicable vehicle code section violated (if available to NG)h
7.5.5. Citation prepared or reason for not preparing citation (if available to NG))--
7.5.6. Registered vehicle owner's name and address, and related information
required to prepare citations where violation is made by a driver other than
registered owner (if available to NG) (i.e., Affidavit of Non -Liability) • and
7.5.7. Status of eitatio infraction (outstanding, cancelled, reissued, paid, bail
forfeited, traffic school, warrants issued, etc.) (if available to NG)).
7.6. NG shall maintain, at its sole expense, all records, including, but not limited to all
video recordings, which it generates or receives as a result of the performance of
services pursuant to the Agreement for the period of time required by, and
otherwise in accordance with, the Revised Code of Washington, Chapter 42.56,
Public Records Act and Revised Code of Washington 46.63.170, as same may be
amended from time to time. Upon receipt of a request from the City for a copy of
any record being maintained by NG, NG shall provide the requested record to the
City within a reasonable time following such request, but in no event later than
seven (7) days following the date the request is received by NG.
7.7. Additional Services (if requested by the City in writing):
7.7.1. School Zone Assessment Pro rg am. NG will generate a video -based analysis
of school zones designed to evaluate the frequency of school zone speed
violations for each approach to the targeted school zone. The video media
will contain up to 16 hours of video monitoring assuming the equipment
remains installed at the school zone during the course of monitoring, but not
to exceed three consecutive calendar days. A report summarizing the
results, along with the media generated will be provided to the City. There
is no charge for the initial 16 approaches or any future system placement
requests to be evaluated by NG pursuant to this Agreement.
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EXHIBIT B
LICENSE AGREEMENT FOR NG SAFETY SYSTEM SOFTWARE
This LICENSE AGREEMENT (the "License") is part of an agreement (the "Agreement")
(to which a copy of this License is attached as Exhibit B) between the City named in the Agreement
and NovoaGlobal, Inc. ("NG") for the NG software product identified above, which includes
computer software and may include associated media, printed materials, and "online" or electronic
documentation (the "SOFTWARE PRODUCT"). The SOFTWARE PRODUCT also includes any
updates and supplements to the original SOFTWARE PRODUCT provided to the City by NG.
Any software provided along with the SOFTWARE PRODUCT that is associated with a separate
license agreement is licensed to the City under the terms of that license agreement. By execution
of the Agreement, the City has agreed to be bound by the terms of this License. Such agreement
by the City is an express condition to its ability to use the SOFTWARE PRODUCT.
1. GRANT OF LICENSE. The SOFTWARE PRODUCT is licensed, not sold. This License
grants the City only the following rights: The City may use those copies of the SOFTWARE
PRODUCT as installed by NG on its network ("Network").
4-.2.DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. The City may not reverse
engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the
extent that such activity is expressly permitted by applicable law notwithstanding this
limitation. The SOFTWARE PRODUCT is licensed as a single product. Its component parts
may not be separated for use on more than one computer unless so installed by NG. The City
may not rent, lease, transfer or lend the SOFTWARE PRODUCT. This License does not grant
the City any rights in connection with any trademarks or service marks of NG. Without
prejudice to any other rights, NG may terminate this License if the City fails to comply with
the terms and conditions of this License.
2-.3. SUPPORT SERVICES AND UPGRADES. NG may provide the City with support
services related to the SOFTWARE PRODUCT ("Support Services"). Use of Support
Services is governed by the Agreement. Any supplemental software code provided to the City
as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and
subject to the terms and conditions of this License. With respect to technical information the
City provides to NG as part of the Support Services, NG may use such information for its
business purposes, including for product support and development. In particular, NG will not
utilize such technical information in a form that personally identifies the City or any motor
vehicle, tag or person. If the SOFTWARE PRODUCT is labeled as an upgrade, the City must
be properly licensed to use a product identified by NG as being eligible for the upgrade in order
to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled as an upgrade
replaces and/or supplements the product that formed the basis for the City's eligibility for the
upgrade. The City may use the resulting upgraded product only in accordance with the terms
4
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91
of this License. If the SOFTWARE PRODUCT is an upgrade of a component of a package of
software programs that the City licensed as a single product, the SOFTWARE PRODUCT may
be used and transferred only as part of that single product package and may not be separated
for use on more than one computer.
34. COPYRIGHT. All title and intellectual property rights in and to the SOFTWARE
PRODUCT (including but not limited to any images, photographs, animations, video, audio,
music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying
printed materials, and any copies of the SOFTWARE PRODUCT are owned by NG or its
suppliers. As between the City and NG, all title and intellectual property rights in and to the
images and information which may be generated through use of the SOFTWARE PRODUCT
is the City's property. All rights not expressly granted are reserved by NG.
4.5. BACKUP COPY. After installation of one copy of the SOFTWARE PRODUCT pursuant
to this License, the City may keep the original media on which the SOFTWARE PRODUCT
was provided by NG solely for backup or archival purposes. If the original media is required
to use the SOFTWARE PRODUCT on the COMPUTER, the City may make one copy of the
SOFTWARE PRODUCT solely for backup or archival purposes. Except as expressly
provided in this License, the City may not otherwise make copies of the SOFTWARE
PRODUCT or the printed materials accompanying the SOFTWARE PRODUCT.
&Q. COMPLIANCE WITH LAW AND EXPORT RESTRICTIONS. The City represents and
agrees that it does not intend to and will not use, disseminate or transfer in any way the
SOFTWARE PRODUCT in violation of any applicable law, rule or regulation of the United
States, or any State of the United States or any foreign country of applicable jurisdiction.
Without limiting the foregoing, the City agrees that it will not export or re-export the
SOFTWARE PRODUCT to any country, person, entity or end user subject to U.S. export
restrictions. The City specifically agrees not to export or re-export the SOFTWARE
PRODUCT: (i) to any country to which the U.S. has embargoed or restricted the export of
goods or services, which currently include, but are not necessarily limited to Cuba, Iran, Iraq,
Libya, North Korea, Sudan and Syria, or to any national of any such country, wherever located,
who intends to transmit or transport the products back to such country; (ii) to any end -user who
the City knows or has reason to know will utilize the SOFTWARE PRODUCT or portion
thereof in the design, development or production of nuclear, chemical or biological weapons;
or (iii) to any end -user who has been prohibited from participating in U.S. export transactions
by any federal agency of the U.S. government.
67. OTHER PROVISIONS. Sections 3, 4, 7, 10, 17, 18, 19, 20, and 22 of the Agreement are
hereby incorporated by reference as if herein set forth in full.
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92
EXHIBIT C
LEASE AGREEMENT FOR NG SAFETY SYSTEMS
This LEASE AGREEMENT (the "Lease") is part of an agreement (the "Agreement") (to
which a copy of this Lease is attached as Exhibit C) between the City named in the Agreement
("City") and NovoaGlobal, Inc ("NG") (collectively, the "Parties"). The Parties hereto agree as
follows:
1. LEASE. NG hereby leases to the City and the City hereby leases from NG, subject to the terms
and conditions of this Lease, such items of System equipment (together with all attachments,
replacements, parts, additions, substitutions, repairs, accessions and accessories incorporated
therein and/or affixed thereto, the "Equipment") that the City obtains possession, custody or
control of pursuant to the Agreement.
2. USE AND LOCATION. The Equipment shall be used and operated by the City only in
connection with the operation of the System by qualified employees of and in accordance with
all applicable operating instructions, and applicable governmental laws, rules and regulations.
The City shall not part with control or possession of the Equipment without NG's prior written
consent.
3. CONDITION. NG shall maintain the Equipment in good condition and working order in
accordance with Section 4 of Exhibit A. The City shall not damage the Equipment or make
any alterations, additions or improvements to the Equipment without NG's prior written
consent unless such alterations, additions or improvements do not impair the commercial value
or the originally intended function or use of the Equipment and are readily removable without
causing material damage to such Equipment so as to return the Equipment to its original state,
less ordinary wear and tear. Any alteration, addition or improvement not removed prior to the
return of the Equipment shall without further action become the property of NG, provided,
however, that any alterations, additions and improvements which would reduce the value of
the Equipment must be removed prior to the return of such Equipment.
4. RETURN. Upon the expiration or earlier termination of the Agreement, the City shall allow
NG reasonable access to remove the Equipment at NG's expense.
5. OWNERSHIP, LIENS. The Equipment is and shall at all times be the property of NG. The
City agrees to take all action necessary or reasonably requested by NG to ensure that the
Equipment shall be and remain personal property. Nothing in this Lease, the Agreement or
any Exhibit shall be construed as conveying to the City any interest in the Equipment other
than its interest as a lessee hereunder. If at any time during the term hereof, NG wishes to
place on the Equipment labels, plates or other markings evidencing ownership, security or
4
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93
other interest therein, the City shall allow NG reasonable access therefore and keep the same
displayed on the Equipment.
6. NO CITY SUBLEASE; ASSIGNMENT. The City shall not assign or in any way dispose or
otherwise relinquish possession or control of all or part of its rights or obligations under this
lease or enter into any sub -lease of all or any part of the equipment without the prior written
consent of NG.
7. OTHER PROVISIONS. Sections 3, 4, 7, 10, 17, 18, 19, 20, and 22 of the Agreement are
hereby incorporated by reference as if herein set forth in full.
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EXHIBIT D
COMPENSATION AND PRICING
MONTHLY FEE
Pricing for NG Safety Systems relating to fixed speed photo enforcement shall be as follows:
• $3,999.00 per system per month, with less than 400 eitatiefisinfractions issued by the City
per month.
• $4,900.00 per system per month, with between 400 and 800 eitationsinfractions issued by
the City per month.
• $5,700.00 per system per month, with more than 800 eitationsinfractions issued by the City
per month.
NG acknowledges school zone fixed speed photo enforcement systems will only function during
specified times throughout the day and in accordance with City's flashing beacon system, if
available.
Additionally, NG acknowledges that schools often take breaks for more than seven (7) consecutive
calendar days. These school breaks do not constitute a temporary suspension, as defined below.
Consequently, NG shall bill the City monthly fees for all months of the year, but shall reduce the
monthly fees for all School Zone Systems by twenty five percent (25%).
Temporary Suspensions. In the event construction by the City causes a disruption of service under
the Agreement, upon NG's written request, the term of the Agreement may be extended at the
City's sole discretion. For every two (2) months, (per individual system) of disrupted service the
Agreement can be extended for a one -month period.
COVIDI9. NG acknowledges that these unprecedented times might impact the start date of the
schools. NG will not start enforcing violations and therefore billing until the school reopens or
NG is directed to do so by the City. Any delay in the start date and billing will delay the
Installation Date.
BUSINESS ASSUMPTIONS FOR ALL PRICING OPTIONS
1. Except where a balance remains unpaid due to a deficit in the gross cash received as
described herein, City agrees to pay NG within forty-five (45) days after the invoice is
received. A monthly late fee of 1.5% is payable for amounts remaining unpaid sixty (60)
days from date of invoice or monthly report if such delay is the responsibility of the City.
2. Required Payment Convenience Fees will not be considered to be revenue received and are
the responsibility of the violator.
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95
3. Required Refund Fees will not be considered to be revenue received and are the
responsibility of the violator.
4. Violations sent to a collection agency will have an additional charge as negotiated with the
chosen collection agency in mutual agreement with the City and the applicable court.
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M
Citvof
City Council Community Services & Safety Committee
Meeting Minutes
July 27, 2020 - 5:30 p.m. - Electronic Meeting due to COVID-19 Emergency
Councilmembers Present: Kate Kruller, Chair; Thomas McLeod, Cynthia Delostrinos Johnson
Staff Present: Bruce Linton, Phi Huynh, Trish Kinlow
Chair Kruller called the meeting to order at 5:30 p.m.
I. BUSINESS AGENDA
A. Contract: School Speed Zone Traffic Cameras
Staff is seeking Council approval of contract with NovoaGlobal Inc. for implementation of the
school speed zone traffic cameras project approved by the City Council. There are no upfront
costs to the city as the program is self-sustaining. The per year cost will range from $96,000 -
$137,000 depending on volume.
Item(s) requiring follow up:
Additional discussion around impacts to underrepresented communities.
Committee Recommendation:
Unanimous recommendation. Forward to August 10, 2020 Committee of the Whole.
B. Police Department Use -of -Force Policies
The Committee continued discussion on the Police Department's Use of Force policies.
Committee Recommendation:
Discussion only.
II. MISCELLANEOUS
Chair Kruller raised a concern about high speeds at the intersection of42nd Ave S and S 160t" and
shared there is some community interest in a roundabout.
The meeting adjourned at 6:45 p.m.
Committee Chair Approval
Minutes by PH
97
COUNCIL AGENDA SYNOPSIS
---------------------------------- Initials
Meeting Date
Prepared b
Mayors review
Council review
08/10/20
AY
08/17/20
AY
ITEM INFORMATION
ITEM NO.
3.E.
STAFF SPONSOR: JOEL BUSH
ORIGINAL AGENDA DATE: 08/10/20
AGENDA ITEM TITLE Ordinance extending Franchise Agreement with Astound Broadband, LLC
CATEGORY ® Discussion
Altg Date 08/10/20
❑ Motion
g Date
Alt
❑ Resolution
Mtg Date
® Ordinance
Aft
g Date 08/17/20
❑ Bid Award
Aft
g Date
❑ Public Hearing
Alt
g Date
❑Other
Mtg Date
SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ 1 S ❑ P&'R ❑ Police ❑ PlF
SPONSOR'S Approve an ordinance amending Ordinance No. 2445 extending the franchise term with
SUMMARY Astound Broadband, LLC to August 11, 2021 and allow for additional extensions in one-
year increments.
REVIEWED BY ❑Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Com ❑ Planning/Economic Dev.
❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 08/03/20 COMMITTEE CHAIR: DELOSTRINOSJOHNSON
RECOMMENDATIONS:
SPONSOR/ADMIN. Technology & Innovation Services
COMMITTEE Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
08/10/20
08/17/20
MTG. DATE
ATTACHMENTS
08/10/20
Informational Memorandum dated 07/31/20
Draft Ordinance
Letter of Request for Extension
Map (Requested by the Transportation & Infrastructure Committee)
Minutes from the 8/3 T&I Committee Meeting
08/17/20
e
100
■
City of Tukwila Al la n Ek berg, M ayor
Public Works 0epar€ment - Hari Ponnekand, Intedrn Director
,t
INFORMATIONAL MEMORANDUM
TO: Transportation and Infrastructure Committee
FROM: Joseph Todd, CIO & Director Tukwila Technology & Innovation Services
BY: Eric Compton, Franchise & Technology Specialist
CC: Mayor Ekberg
DATE: July 31, 2020
SUBJECT: Astound Broadband, LLC Franchise Agreement
Ordinance No. 2445
Amendment and Extension of Franchise
ISSUE
Approve an ordinance amending Ordinance No. 2445 extending the franchise term with
Astound Broadband, LLC, to August 11, 2021, and amending ordinance to allow for additional
extensions in one-year increments at the City's discretion.
BACKGROUND
State law provides cities the authority to establish franchises to telecommunication providers
who wish to occupy city owned rights -of -way. Tukwila Municipal Code 11.32.060 requires all
telecommunication providers to obtain franchise agreements with the City prior to approval to
construct, maintain and operate within the City limits. On August 4, 2014, the City Council
passed Ordinance No. 2445, granting a five-year franchise to Astound Broadband, LLC (d.b.a.
"Wave"). The current franchise agreement term ends on August 11, 2020 and allows for a single
one-year extension.
DISCUSSION
A request to extend the franchise agreement by five years was submitted by Wave on January
6, 2020. Section 3 of Ordinance No. 2445 allows the City to extend the franchise by up to one
year beyond the term of the expiration date. Staff recommends amending the ordinance to allow
for additional extensions in one-year increments and granting another one-year extension to
allow time for a new franchise agreement to be developed and agreed upon by both parties.
FINANCIAL IMPACT
There is no direct financial impact to the one-year extension but developing a new franchise
agreement will require staff time to complete.
RECOMMENDATION
Council is being asked to approve the Ordinance that amends Ordinance 2445 and extends the
Astound Franchise Agreement for one year and to consider this item at the August 3, 2020
Transportation and Infrastructure Committee meeting and subsequent on the Consent Agenda
on the August 17, 2020 Regular Meeting.
ATTACHMENTS
• Draft Ordinance
• Letter of Request for Extension
101
102
191VAS 09
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2445, THE
ASTOUND BROADBAND, LLC, FRANCHISE AGREEMENT, TO
AMEND THE FRANCHISE TERM LANGUAGE AND PROVIDE FOR A
ONE-YEAR EXTENSION OF THE FRANCHISE TERM; PROVIDING
FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council passed Ordinance No. 2445 on August 4, 2014, granting
a five-year franchise to Astound Broadband, LLC, for the purposes of constructing and
maintaining a telecommunications system in certain public rights -of -way in the City; and
WHEREAS, Ordinance No. 2607, passed on June 17, 2019, authorized an extension
of the franchise granted to Astound Broadband, LLC, for a one-year period, pursuant to
Section 3 of Ordinance No. 2445; and
WHEREAS, the franchise agreement has a current expiration of August 11, 2020;
and
WHEREAS, Astound Broadband, LLC, and the City desire an additional extension of
the franchise to facilitate continued negotiation of a new franchise agreement;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Ordinance Amended. Ordinance No. 2445, §3, is amended to read as
follows:
Franchise Term. The franchise rights granted herein shall remain in full force and
effect for a period of five years from the effective date of this ordinance. However, this
Franchise Agreement shall not take effect and Astound shall have no rights under this
Franchise Agreement unless a written acceptance with the City is received pursuant to
Section 4 of this agreement. If Astound requests a Franchise renewal prior to the
expiration date, the City may, at the City's sole discretion, extend the term of this
Franchise Agreement fer up to one year in one-year incremeniz. beyond the expiration
W: Legislative DevelopmentW,stound Broadband amendment and extension 7-23-20
EC:bjs Review and analysis by Barbara Saxton Page 1 of 4
103
date to allow processing of the renewal. If the City elects to extend the term of this
Franchise Agreement, written notice of the extension shall be provided to Astound prior
to the Franchise expiration date.
Section 2. Franchise Term Extended. A one-year extension of the franchise for
Astound Broadband, LLC, is hereby granted to allow for processing of a renewal
franchise, thereby extending the current franchise term through August 11, 2021.
Section 3. Acceptance of Terms and Conditions. The full acceptance of this
amendment and extension to the Franchise Agreement and all the terms and conditions
shall be filed with the City Clerk within 10 days of the effective date of this ordinance in
the form attached hereto as Exhibit A. Failure on the part of Astound to file said consent
within 10 days of the effective date of this ordinance shall void and nullify any and all
rights granted under this Franchise Agreement.
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.
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 of constitutionality of the
remaining portion 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 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
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Allan Ekberg, Mayor
. 2020.
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
W: Legislative Development\Astound Broadband amendment and extension 7-23-20
EC:bjs Review and analysis by Barbara Saxton
104
Page 2 of 4
Office of the City Attorney
Attachment: Exhibit A — Franchise Agreement Amendment and Extension Acceptance Form
W: Legislative Development\Astound Broadband amendment and extension 7-23-20
EC:bjs Review and analysis by Barbara Saxton Page 3 of 4
105
EXHIBIT A
Astound Broadband, LLC, Amendment and Extension
Acceptance Form
Date:
City of Tukwila
City Clerk's Office
6200 Southcenter Boulevard
Tukwila WA 98188
Re: Ordinance No. , adopted on
Dear City Clerk:
In accordance with and as required by Section 3 of City of Tukwila Ordinance
No. passed by the City Council and approved by the Mayor on
(the "Ordinance"), Astound Broadband, LLC, hereby
accepts the terms, conditions and obligations to be complied with or performed by it
under the Ordinance.
Sincerely,
ASTOUND BROADBAND, LLC
Signature
Name:
Title:
Date:
cc: TIS Director, City of Tukwila, 6200 Southcenter Blvd, Tukwila, WA 98188
W: Legislative DevelopmentW,stound Broadband amendment and extension 7-23-20
EC:bjs Review and analysis by Barbara Saxton Page 4 of 4
106
From: Joe Kahl <loe.kahl@rcn.net>
Sent: Monday, January 6, 2020 1:52 PM
To: Cyndy Knighton <Cyndy.Knighton @TukwilaWA.gov>
Subject: Re: Astound Broadband City of Tukwila, WA Telecom Franchise Renewal
Hi Cyndy,
Happy New Year.
As you know, the Telecom Franchise Agreement between the City of Tukwila and
Astound Broadband, LLC was extended effective June 25th, 2019 to August 11th,
2020. We would like to extend the agreement an additional 5 years to August 11th,
2025.
Is there anything needed from Astound Broadband at this point to begin the process for
approval?
Please let me know.
Thanks, Joe
Joseph Kahl
Vice President, Regulatory and Public Affairs
650 College Road East, Suite 3100
Princeton, NJ, 08540
(609) 681-2184 (Direct Dial)
(609) 306-0901 (Cell)
joseph.kahlkrcn.net (E-mail)
W_ * f�u� wave
107
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Not to Scale
Vicinity Map
Disclaimer:
The location of f—t— and boundaries
are appmximate and are intended for
reference only, Data is based on best
information available.
City of 1
City Council Transportation & Infrastructure Committee
Meeting Minutes
August 3, 2020 - 5:30 p.m. - Electronic Meeting due to COVID-19 Emergency
Councilmembers Present: Cynthia Delostrinos Johnson, Chair; Verna Seal, Kate Kruller
Staff Present: David Cline, Hari Ponnekanti, Han Kirkland, Gail Labanara, Joseph Todd,
Joel Bush, Adam Cox, Ryan Larson, and Scott Bates
Chair Delostrinos Johnson called the meeting to order at 5:32 p.m.
I. BUSINESS AGENDA
A. Ordinance: Astound Franchise 1-Year Extension
Staff is seeking Council approval of an ordinance that will extend the franchise term with
Astound Broadband, LLC to August 11, 2021 and allow for additional one-year extensions.
Item(s) needing follow-up
Provide an updated memo showing a map of the Astound coverage area, if the City can get a
better deal on 1-net and continue negotiations to assist the City with coverage in underserved
areas.
Committee Recommendation
Unanimous approval. Forward to August 10, 2020 Committee of Whole.
B. Ordinance: Interim Flood Plain Management
Staff is seeking Council approval of an ordinance to adopt interim Flood Plain
Management regulations in compliance with FEMA requirements.
Committee Recommendation
Unanimous approval. Forward to August 10, 2020 Committee of the Whole.
C. 42"d Avenue South Bridge Closure
Committee members and staff discussed the recent three-day closure of the 42nd Avenue
South Bridge, including lessons learned and improvements for future road/bridge
closures.
Committee Recommendation
Discussion only.
109
110
COUNCIL AGENDA SYNOPSIS
---------------------------------- Initials
Meeting Date
Prepared b
Mayors review
Council review
08/10/20
BJM
ITEM INFORMATION
ITEM NO.
3.F.
STAFF SPONSOR: B. MILES
ORIGINAL AGENDA DATE: 8/ 10/ 20
AGENDA ITEM TITLE Tourism Funding: Tourism Promotion and Lodging Tax Briefing.
CATEGORY ® Discussion
Aftg Date 8/10/20
❑ Motion
g Date
Alt
❑ Resolution
Mtg Date
❑ Ordinance
g Date
Mt
❑ Bid Award
Mtg Date
❑ Public Hearing
g Date
Aft
❑ Other
Aft
g Date
SPONSOR ❑ Council ® Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ 1 S ❑ P&'R ❑ Police ❑ PlF
SPONSOR'S In light of the COVID-19 pandemic's impact on the economy and role of tourism in business
SUMMARY recovery, staff would like to provide an overview and background on how the City's uses
the lodging tax and TPA funds.
REVIEWED BY ❑ Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Com ® Planning/Economic Dev.
❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 8/3/20 COMMITTEE CHAIR: MCLEOD
RECOMMENDATIONS:
SPONSOR/ADMIN. Office of Economic Development
COMMITTEE Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$N/A $N/A $N/A
Fund Source: N/A
Comments: N/A
MTG. DATE
RECORD OF COUNCIL ACTION
08/10/20
MTG. DATE
ATTACHMENTS
8/10/20
Informational Memorandum, dated 05/20/20, REVISED, 07/27/20
Memo dated September 23, 2016, "'Permitted Uses of Lodging Tax Funds."
Lodging Tax Six Year Financial Model, updated July 14, 2020.
Tourism Funding at a Glance
Minutes from the 8/3 PED Committee Meeting
111
112
TO:
FROM:
CC:
DATE:
SUBJECT
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
Planning and Economic Development
Brandon Miles, Business Relations Manager
Mayor Ekberg
May 20, 2020, Updated July 27, 2020
Tourism Funding Discussion
ISSUE
In light of the COVID-19 pandemic's impact on the economy and role of tourism in business
recovery, staff would like to provide an overview and background on how the City's uses the
lodging tax and TPA funds.
This item was originally discussed at the June 1, 2020 PED meeting. Staff would like to continue
the discussion and has included a new attachment.
BACKGROUND
Over the last 20 years the City Council has authorized the collection of two separate revenue
sources for tourism funding. These revenue sources include the City's lodging lax and Tourism
Promotion Area (TPA) fee. In 2019, in total just over $1.5 million of combined funds were
collected through the lodging tax and TPA fee. In light of COVID-19 pandemic's impact on the
overall economy and role of tourism in business recovery, staff would like to provide an
overview and background on how the City's uses the lodging tax and TPA funds. Each of the
two revenue sources is authorized under a separate RCW and each have specific limitations on
how the funds can be used.
Lodging Tax
Statutory Authority
Lodging tax (City's 101 Fund) is collected pursuant to RCW 67.28 and TMC 3.40. State law
allows the City to collect 1 % on eligible stays in lodging businesses (hotels, extended stays,
motels, bread and breakfasts, and Airbnbs). Certain stays for emergency housing and for any
stay in a lodging business that exceeds 30-days are exempt from the tax. Like retail sales tax,
the lodging tax is remitted by the lodging businesses to the Department of Revenue and the
remitted back to the city two months after collection.
Allowable Uses
RCW 67.28.1818 limits the use of lodging tax funds as follows:
"All revenue from taxes imposed under this chapter shall be credited to a special fund in the
treasury of the municipality imposing such tax and used solely for the purpose of paying all or
any part of the cost of tourism' promotion 2, acquisition of tourism relations facilities, or
operation of tourism related -facilities. "
' RCW 67.28.080 defines `Tourism' as "economic activity resulting from tourists, which m ay includes sales of
overnight lodging, meals, tours, gifts, or souvenirs."
2 RCW 67.28.080 (6) defines `Tourism Promotion' as "...activities, operations, and expenditures designed to
increase tourism, including but not limited to advertisings, publicizing, or otherwise distributing information for the
113
INFORMATIONAL MEMO
Page 2
RCW 67.28.1816 goes into further detail about permitted expenditures of lodging tax funds,
specifying:
"Lodging tax revenues under this chapter may be used, directly by any municipality or indirectly
through a convention and visitors bureau or destination marketing organization for.
(a) Tourism marketing;
(b) The marketing and operations of special events and festivals designed to attract tourists;
(c) Supporting the operations and capital expenditures of tourism related facilities owned or
operated by a municipality or public facilities district created under chapters 35.57 and
36.100 RCW; or
(d) Supporting the operations of tourism related facilities owned or operated by nonprofit
organizations described under 26 U. S. C Sec. 501(c)(3) and 26 U. S. C Sec. 501 (c)(6) of
the internal revenue code of 1986, as amended.
It is important to point out that RCW 67.28 provides no definition of "tourist." Historically, the City
of Tukwila has defined as a "tourist" as someone who lives outside of Tukwila and visits the
City, either for a day or to spend the night. Additionally, there is a common misconception that
lodging tax funds can only be used to support activities that create "heads in beds" or travel
more than 50 miles. Again, this is not a requirement of State law. While the City must report
metrics, such as hotel stays and visitors, when using lodging tax funds. The funds do not have
to be awarded to activities that solely generate hotel room nights.
Under current state law, lodging tax funds cannot be used to support general city operations or
activities. Attached is a memo presented to the City Council in 2016, which provides more
details on allowable uses of lodging tax funds.
Status of Fund
As of May 7, 2020, there was $1.985 million in the City's lodging tax fund. In 2019, annual
revenues for lodging tax collection was just over $800,000. With the sharp drop off in travel, the
City is forecasting a significant drop off in lodging tax collection for 2020 and possibly for 2021.
The City is contractually obligated through 2020 to provide Seattle Southside Regional Tourism
Authority (SSRTA) $202,500 in lodging tax funds. Additionally, the City has two approved
applications to the City's Parks and Recreation Department of $40,000 for art along Baker Blvd
and $125,000 to help fund a master plan for Tukwila Pond'.
There is no requirement that the lodging tax fund be spent down annually. Unspent funds will
remain in the 101 fund and can be used in future years, subject to the use limitations outlined
above.
Historical Use of Funds
The largest single recipient of lodging tax funds from the City over the last 18 years has been
SSRTA. Until 2015, SSRTA was operated as Seattle Southside Visitor Service (SSVS) by the
purpose of attracting and welcoming tourists; developing strategies to expand tourism; operation tourism promotion
agencies; and funding the marketing of or the operation of special events and festivals designed to attract tourist."
3 RCW 67.28.080 (1) provides the following definition of `Acquisition' "...siting, acquisition, design, construction,
refurbishing, expansion, repair, and improvement, including paying or securing the payment of all or any portion of
general obligation bonds, leases, revenue bonds, or other obligations issued or incurred for such purposes..."
a The City also had an approved application and contract with the Seattle Seawolves, but this contract was canceled
due to the COVID-19 pandemic. Virtual Sports also had an approved application and staff has not yet entered into a
contract due to the scope of work being impacted by Stay Home, Stay Healthy Order.
https://tukwilawa.sharepoint.com/sites/maVorsoffice/cc/Council Agenda Items/Mayor's Office/PED, August 3/Tourism Funding, Tourism Promotion and Lodging
Tax/MEMO, Lodging Tax Policy, PED, 2020.06.01, Updated July 27.doc°Tukdata2k!2r t„
114
INFORMATIONAL MEMO
Page 3
City of Tukwila. The Museum of Flight, City of Tukwila, Starfire Sports, Renton Chamber of
Commerce, and Seattle Southside Chamber of Commerce, and others have also received
funding in the past. Any entity, including for -profit organizations, is eligible to receive lodging tax
funds, provided it is engaged in activities eligible to be funded with lodging tax funds.
State Law requires that any proposed use of lodging tax funds be review by a Lodging Tax
Advisory Committee (LTAC). The City's LTAC comprises four lodging businesses; four entities
eligible to receive lodging tax funds; and one City elected official, who serves as the Chair of
LTAC. LTAC makes a recommendation to the City Council on whether an application should
receive funding. The City Council has final authority in approving a request for lodging tax funds;
however, the City Council cannot override a "no" from LTAC. The City Council can choose not
to fund an entity that LTAC recommend be provided funding. The City Council can also change
the amount of the funding, provided it provides the LTAC 30-days' notice of its intent to modify
the amount.
TPA Fee
Statutory Authority
Tourism Promotion Areas (TPA) are authorized under RCW 35.101. There is no corresponding
City TMC for TPAs. Outside King County individual cities, towns, and counties can form their
own TPAs. For most municipalities in King County, a TPA must include at least two
municipalities (this requirement does not apply to the City of Federal Way).
In 2014 the Cities of Tukwila, Des Moines, and SeaTac executed an interlocal agreement ("TPA
ILA)" to form a TPA to cover the combined boundaries of the three cities. Through the TPA ILA
the cities agreed that the City of SeaTac would serve as the legislative authority for the
combined city area. The City of SeaTac is responsible for overseeing the TPA on behalf of the
three cities. Any city can terminate its relationship under the TPA ILA Agreement by providing
one-year notice to the other city partners.
In 2014, after receiving a petition from hoteliers, the City of SeaTac formally adopted a
resolution setting out a TPA fee in the three -city area. The total fee was $2 per night per eligible
hotel stay in a hotel or motel with at least 90 rooms5. The $2 rate was the maximum permitted
under the current State law. State law was recently amended to allow the rate to go up to $5 per
night, provided 60% of the businesses that would pay the increase petition for the increase and
it is approved by the legislative authority.
Allowable Uses'
RCW 35.101.130 states that the Legislative Authority, "...shall have sole discretion as to how
the revenue derived from this charge is to be used to promote tourism promotion that increases
the number of tourists to the area."
`Tourism Promotion' is defined as, "...activities and expenditures designed to increase tourism
and convention businesses, including but not limited to advertising, publicizing, or otherwise
distributing information for the purpose of attracting tourists, and operating tourism designation
marketing organizations."
5 The TPA fee is a flat fee, while the lodging tax is a percentage. This allows the TPA to collect higher revenue than
the lodging tax when rates are low. For example, a room at a hotel going for $100 a night would only provide $1 in
lodging tax funds, while the TPA gets the full $2.
6 RCW 35.101 was amended by the last legislative session. These changes go into effect on July 1, 2020. Staff is
discussing the RCW as it will be amended in July.
httos://tukwilawa.sharepoint.com/sites/mayorsoffice/cc/Council Agenda Items/Mayor's office/PED, August 3(Tourism Funding, Tourism Promotion and Lodging
Tax/MEMO, Lodging Tax Policy, PED, 2020.06.01, Updated July 27.docU kdata2k12kG'ty Gnrnrn n, .C- mm,,. tmAn,;us.nne.,,,,oe,0016 der
115
INFORMATIONAL MEMO
Page 4
Unlike the lodging tax RCW, the TPA RCW provides a definition of tourist'.
A `tourist' means a person who travels for business or pleasure on a trip:
(a) Away from the person's place of residence or business and stays overnight in paid
accommodations;
(b) To a place at least fifty miles away one way by driving distance from the person's place
of residence or business for the day or stays overnight. However, island communities
without land access are exempt from the mileage requirement under this subsection
(5) (b); or
(c) To another country or state outside of the person's place of residence or business.
Status of Funds
Following provisions in the Interlocal Agreement, all TPA funds remitted for the TPA go directly
to SSRTA. In 2019, SSRTA received $3.96 million in TPA funds. Assuming that the TPA funds
are generated proportional to the number of hotel rooms in each of the three TPA cities,
Tukwila's portion of the TPA funds generated for SSRTA was just over $1.13 million, or 29%.
In early 2020, SSRTA budgeted ending 2019 (unaudited) with an ending fund balance of $4.45
million. This includes both TPA funds it received, lodging tax funds received from the three
cities, and misc. revenue.
Historical Use of Funds
As outlined above, 100% of the funds remitted for the TPA go directly to SSRTA. The City of
Tukwila does not receive the funds. SSRTA uses these funds for tourism promotion activities
and administration costs.
Seattle Southside Regional Tourism Authority
SSRTA is the City's primary destination marketing organization$. SSRTA mission is to help
promote the Seattle Southside region (cities of Des Moines, Tukwila, and SeaTac) for tourism.
In 2019, SSRTA had total operating expenditures of $4.297 million (See below).
SSRTA is the successor to Seattle Southside Visitor Service (SSVS), which until 2015 was run
as a division of Tukwila's Economic Development Office. The Cities of Des Moines and SeaTac
were serviced by SSVS via interlocal agreements with the City of Tukwila. At one time the City
of Kent was also served by SSVS but left in 2014.
In 2012 the Cities of Tukwila, SeaTac, and Des Moines began to have conversations about
forming a TPA, with the goal of providing additional funds for tourism promotion activities. These
conversations were the result of requests by area hoteliers for the cities to consider creating a
TPA. As discussed above, the cities entered an interlocal agreement in 2014 for the creation of
a TPA. A TPA fee began to officially be collected in the spring of 2015.
Through the TPA ILA, the cities of Tukwila, SeaTac, and Des Moines also provided a
recommended amount of lodging tax funds each city would provide to SSRTA annually. The
lodging tax contribution is a "recommended amount" and no City is contractually obligated to
' This definition goes into effect on July 1, 2020.
httos:l/tukwilawa.sharepoint.com/sites/mayorsoffice/cc/Council Agenda Items/Mayor's office/PED, August 3/Tourism Funding, Tourism Promotion and Lodging
Tax/MEMO, Lodging Tax Policy, PED, 2020.06.01, Updated July 27.doc4 kdata2k12kr'fi, Gnrnrn,,,�r mm,,. tmAn,;us.nne.,,,,oe,0016 a,,,. 116
INFORMATIONAL MEMO
Page 5
provide the amount listed in the TPA ILA. The table below shows the suggested lodging tax
contributions to SSRTA from the three TPA cities.
httos:l/tukwilawa.sharepoint.com/sites/mayorsoffice/cc/Council Agenda Items/Mayor's office/PED, August 3/Tourism Funding, Tourism Promotion and Lodging
Tax/MEMO, Lodging Tax Policy, PED, 2020.06.01, Updated July 27.docU kdat,2k"`G'ty Gnrnrn n, .C- mm,,. tmAn,;us A4pr ARPe O016 der
117
INFORMATIONAL MEMO
Page 6
Year
SeaTac9
Tukwila
Des Moines10
2014
$835,000
$712,000
100% of
lodging tax
funds.
2015
$460,000
$405,000
2016
$383,333
$337,500
2017
$306,666
$270,000
2018 and
beyond
$230,000
$202,500
The TPA creation provided addition funds available for tourism promotion activities in the
Seattle Southside region. The table below shows the total expenditures for SSVS and SSRTA
since 2010. In 2016 the total expenditures for tourism promotion by SSRTA increased over
180% from the prior year.
Year
Total Expenditures
(SSVS and SSRTA)
% Change in
SSVS and
SSRTA
Expenditures
from previous
year.
Total Lodging
Revenue in the
Cities of Des
Moines, Tukwila,
and SeaTac.
% Change in
lodging
revenue from
previous year.
2010
$1,321,879
N/A
$190,337,838
N/A
2011
$1,525,988
15.44%
$201,068,568
5.64%
2012
$1,470,058
(3.67%)
$217,520,038
8.18%
2013
$1,428,043
2.86%
$230,190,887
5.83%
2014
$1,462,123
2.39%
$259,819,652
12.87%
2015"
$1,504,207
2.88%
$292,605,392
12.62%
2016
$4,248,883
182.47%
$302,062,920
3.23%
2017
$4,533,770
6.70%
$318,864,960
5.56%
2018
$4,634,628
2.22%
$330,574,999
3.67%
2019
$4,297,657
(7.27%)
Data not yet
available.
N/A
In March, SSRTA began projecting a significant revenue reduction of TPA fees because of the
COVID-19 pandemic (see below).
9 The City of SeaTac has chosen to provide more funds to SSRTA than what was outlined in the TPA ILA.
10 The City of Des Moines no longer provides 100% of its lodging tax funds collected to SSRTA.
" SSRTA did not take over the functions of SSVS until the end January 1, 2016. The expenditures provided for
2015 are Tukwila's expenditures for SSVS.
httos://tukwilawa.sharepoint.com/sites/mayorsoffice/cc/Council Agenda Items/Mayor's office/PED, August 3(Tourism Funding, Tourism Promotion and Lodging
Tax/MEMO, Lodging Tax Policy, PED, 2020.06.01, Updated July 27.docU kdata2k12kG'ty Gnrnrn n, .C- mm,,. tmAn,;us.nne.,,,,oe,0016 der
118
INFORMATIONAL MEMO
Page 7
Seattle 5outhside Regional Tourism Authority (RTA] Financial Pro Forma
2020-2022
2019
2019
2020
20ZO
2021
2022
Approved
Approved
Projection
Projection
projecticn
Budget Year-end Actuals
Budget
(unaudited)
Revenues
1 TPA Special Assessments
5 3,674,925 $
3,963,260
$ 3,900,000 S
1,252,474
$ 3,170,608
S 3,368,771
2 LTC -Tukwila
202,500
202,SD0
202,S00
202,500
202,500
202,500
3 LTC-SeaTac
830,000
830,000
930,000
830,000
830,000
830,D0o
4 LTC -Des Moines
111,000
52,497
55,500
15,000
10,000
25,000
5 Interest Revenue
48,500
71,829
6S,000
22,500
6,000
7,5D0
6 Misr, Other Revenue
2,500
10,422
2,SOD
5,500
5,500
S,SDO
7 Advertising
7S,000
40,480
50,000
7,500
7,500
7,500
Total Revenues $ 4,944,325 $
5,170,989
$ 5,105,500 $
2,335,474
$ 4,232,108
$ 4,446,771
Expenditures
8 Salaries& Benefits
$ 1,622,209 S
1,451,758 $
1,630,500 $
1,459,652
$ 1,465,000 $
1,567,550
9 Supplies
31,000
14,197
15,000
10,000
13,Soo
14,DDO
10 Small Equipment
20,000
5,755
20,000
11,000
7,000
7,D0o
11 Professional Services/Ads/Prc m otio ns
2,200,000
2,013,177
2,323,000
2,098,250
2,100,000
2,200,000
12 Communications/Postage
81,000
36,088
41,000
30,000
33,000
36,D00
13 Travel
115,000
47,357
80,000
13,000
47,500
60,00o
14 Operating Leases
120,000
87,512
120,000
110,636
119,000
120,000
15 Insurance
12,000
10,611
12,000
11,00o
12,000
13,000
16 Maintenance
6,000
3,654
6,000
3,800
3,900
4,D00
17 Mfscellaneous/Printing
861,000
S89,609
7S1,000
530,000
600,000
675,D00
18 Capital -Digital Images
39,000
11,000
39,000
11,000
15,000
20,000
Total Operating Expenditures
5,107,209
4,270,718
5,037,590
4,288,338
4,415,90-0
4,716,550
19 Capital Outlay
100,000
26,938
68,000
20,000
25,000
23,000
Total Expenditures and Capital Outlay
5,207,209
4,297,657
5,105,500
4,308,338
4,440,900
4,739,550
20 Excess of Revenues over (under) expenditures
(262,984)
873,333
-
(1,972,864)
(209,792)
(292,779)
Beginning Fund Balance
$ 2,153,571 $
3,582,569 $
3,94Z,503 $
4,455,902
$ 2,483,037 $
Z,Z74,246
Ending Fund Balance
$ 1,890,687 $
4,455,902 S
3,942,503 $
2,483,037
$ 2,Z74,246 $
1,981,467
Contingency Reserve (2 months)
$ 968,042 $
716,419 $
939,751 5
714,966
$ 736,131 $
786,249
Economic Downtum/Recession Reserve (11% of SA)
$ 404,231 $
435,959 $
429,000 $
137,772
$ 349,767 S
370,565
Capital Asset Replacement Reserve
$ 110,000 S
110,076 $
183,465 S
193,465
$ 183,465 S
183,465
Unassigned Balance
$ 508,414 $
3,193,449 $
2,490,286 $
1,446,934
$ 1,DD5,893 S
641,189
DISCUSSION
Staff would like to start having discussions with the City Council and the hospitality community
regarding some policy issues with tourism funding for the City of Tukwila. Staff has identified
several issues, which are discussed below. Staff envisions that additional issues/questions
could come as we move through this process. The goal is to get direction from the City Council
on 2020 expenditure plans and the development of the 2021/2022 City budget.
1. Need for Strategic Focus for Lodging Tax and TPA Funds.
In 2019, the City started to prepare a Six Year Financial Model for lodging tax (See
Attached). While non -binding, the Financial Model is the City's first effort to strategically
examine how lodging tax could be used to advance overall strategic initiatives. Given
the changes due to the COVID-19 pandemic, staff seeks Council's direction on whether
any of the potential projects in the Financial Model are no longer of interest or if other
projects should be added.
httos:l/tukwilawa.sharepoint.com/sites/mayorsoffice/cc/Council Agenda Items/Mayor's office/PED, August 3/Tourism Funding, Tourism Promotion and Lodging
Tax/MEMO, Lodging Tax Policy, PED, 2020.06.01, Updated July 27.dccU kdata2k1mr'fi, Gnrn., An, .C-Arnr,,,n tmAn,;unf6A4prnARP,,nnt6 der
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INFORMATIONAL MEMO
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2. Lack of Marketing Efforts for Tukwila in the Greater Seattle Area.
In 2017, the City of Tukwila engaged Bill Baker, a renowned destination brand consultant to
guide the City in the development of a City brand12. Mr. Baker's work also included a
significant discussion and survey on how people view the City within the Seattle region. This
work included telephone surveys, online surveys, and focus groups. There was considerable
discussion on the name the City should use to market itself. Name suggestions included,
Southcenter, Tukwila, and Seattle Southside. Through Mr. Baker's work the City determined
that the "Tukwila" name had strong brand identification within the Seattle area. Mr. Baker's
work completed work including the development of a brand strategy, brand blueprint, and
brand style guide. The City Council formally adopted Mr. Baker's brand recommendations in
2018.
Since 2018 staff has been working on efforts to market Tukwila within the Greater Seattle
area, generally within 50 miles of the City. These efforts have primarily included sponsoring
events, such as the Rave Green Run and Food Truck Rodeo at Westfield Southcenter. As
part of the COVID-19 response, the City quickly launched social media channels to help
promote businesses open and to help highlight resources available to businesses.
The City should consider other opportunities to promote itself, specifically the City should
consider the development of a website focused on visitors and business attraction; limited
ad buys; and ongoing public relations outreach.
3. Tourism Promotion versus Destination DeveloDment
Historically the City has provided lodging tax funds for initiatives and activities that are
focused more on tourism promotion and have not provided lodging tax funds for destination
development. Examples of tourism promotion activities include funding for marketing and
sales. Destination development includes capital projects and developing/sponsoring
festivals and events to be held in the City. In 2019, the City began to take steps to begin to
develop the destination by awarding funds complete a master plan for Tukwila Pond and to
install art along Baker Blvd. Other possible examples of destination development including
the creation of a Riverwalk along the Green River and installation of wayfinding signage.
The City also launched the Tukwila International Food Truck Rally last year in partnership
with Westfield Southcenter.
Given the differences between the allowable uses between lodging tax funds and TPA
funds, the City may want to consider creating distinction between how the funds can be
used with regards to tourism promotion and destination development. Tourism promotional
activities, such as what SSRTA is providing, generally are for tourism promotion and
marketing activities. Given that well over $3.5 million of funds are being provided for tourism
promotion to SSRTA via the TPA funds, the City should consider how lodging tax funds can
be used for destination development. As a reminder, lodging tax funds can be used for
capital projects and the City can also bond against the future lodging tax funds.
" This "brand" is for tourism and economic development use only and is not a City brand.
httos://tukwilawa.sharepoint.com/sites/mayorsoffice/cc/Council Agenda Items/Mayor's office/PED, August 3(Tourism Funding, Tourism Promotion and Lodging
Tax/MEMO, Lodging Tax Policy, PED, 2020.06.01, Updated July 27.docU kdata2k12kr'fi, Gnrnrn,,,�r mm,,. tmAn,;us.nne., ARPe 0016 dAA
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INFORMATIONAL MEMO
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4. Lack of other organizations doing tourism promotion and tourism development activities,
such as downtown associations and neighborhood groups.
One of the biggest tourism limitations in the City of Tukwila is the lack of our organizations
that are directly or indirectly involved in tourism promotion and destination development in
the region. Take for example Pioneer Square, which has Visit Seattle, the Downtown
Association, Seattle Chamber, and the Pioneer Square Association all engaged in some
tourists related activities. Having a variety of organizations working on tourism development
issues would strengthen the City's overall tourism appeal. For example, the Pioneer Square
Association works on developing art in the Pioneer Square District (destination
development), which Visit Seattle uses as content for its tourism promotion activities.
When other organizations do destination development and tourism promotion they directly
and indirectly market the City. For example, Destination Des Moines promotes Des Moines
via videos and events as does Discover Burien. The City of Tukwila lacks these types of
organizations; thus the City has tried to fill the void.
5. Leveraging Lodginq Tax Funds to Obtain Grants.
Another option the City should consider is using lodging tax funds as match to obtain federal
and state grants for infrastructure projects that support tourism.
6. The Need for More Varied Use of Lodging Tax Funds.
Many cities award a large number of smaller lodging tax grant applications for activities
occurring in their cities. For example, the City of Renton, which historically collects less
lodging tax funds than Tukwila, regularly has upwards of 20 applications per year for lodging
tax funds. These applications are often for small amounts to support small events, festivals,
and activities. Smaller activities help to develop a destination and help to create a distinct
and unique visitor experience. Economic Development staff has been working to attract
other groups to the City and to help existing groups explore securing lodging tax funds for
eligible activities.
7. Using Lodging Tax Funds for Business Attraction
The City's Economic Division is funded primarily from the City's general funds. Starting in
2019, some labor costs in Economic Development were funded by lodging tax funds. Some
cities use lodging tax funds to help marketing the City for business attraction. Given that
many guests in Tukwila hotels are business travelers there is a strong argument that
increased economic activity from business attraction woudl bring more overnight guests
(business travelers) to the City. Note, staff has not engaged legal on the question of whether
lodging tax funds could be used for business attraction.
Additionally, the City could also provide funds to the Chamber of Commerce in order to help
it with its mission of supporting area businesses and attracting businesses to the City.
8. Lack of Metrics to Track Success
The City lacks metrics to follow to track success of the lodging tax program and TPA.
FINANCIAL IMPACT
httos://tukwilawa.sharepoint.com/sites/mayorsoffice/cc/Council Agenda Items/Mayor's office/PED, August 3/Tourism Funding, Tourism Promotion and Lodging
Tax/MEMO, Lodging Tax Policy, PED, 2020.06.01, Updated July 27.docU kdat,2k!2kG'tyGnrnrn n, .C- mm,,. tmAn,;us.nne., ARPe O016 der
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INFORMATIONAL MEMO
Page 10
None.
RECOMMENDATION
This is for discussion only. Staff would like to have ongoing discussions with the Committee and
create recommendations to take the full Council for policies on the use of lodging tax and TPA
funds.
ATTACHMENTS
• Memo dated September 23, 2016, "Permitted Uses of Lodging Tax Funds."
Lodging Tax Six Year Financial Model, updated July 14, 202()
• Tourism Funding at a Glance-
httos:l/tukwilawa.sharepoint.com/sites/mayorsoffice/cc/Council Agenda Items/Mayor's office/PED, August 3/Tourism Funding, Tourism Promotion and Lodging
Tax/MEMO, Lodging Tax Policy, PED, 2020.06.01, Updated July 27.doc4 kdata2k12kG'ty Gnrnrn,,,�r mm,,. tmAn,;us A4pr ARPe 0016 dAA
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City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Finance and Safety Committee
FROM: Brandon J. Miles, Business Relations Manager
CC: Mayor Ekberg
DATE: September 23, 2016
SUBJECT: Permitted Uses of Lodging Tax Funds.
ISSUE
The City charges a 1 % special excise tax on the sale of or charge made for overnight lodging
stays. State law limits how these funds can be used. This memo outlines the limits on the use of
lodging tax and discusses permitted and prohibited use of the funds'.
BACKGROUND
Revised Code of Washington (RCW) 67.28.1815 limits the use of lodging tax funds as follows:
[A]II revenue from taxes imposed under this chapter shall be credited to a special fund in
the treasury of the municipality imposing such tax and used solely for the purpose of
paying all or any part of the cost of tourism2 promotion 3, acquisition of tourism -related
facilities, or operation of tourism -related facilities.
RCW 67.28.1816 goes into further detail about permitted expenditures of lodging tax funds,
specifying:
Lodging tax revenues under this chapter may be used, directly by any municipality or
indirectly through a convention and visitors bureau or destination marketing organization
for. -
(a) Tourism marketing;
' RCW 67.28 places strict limits on the type of entities eligible to receive lodging tax funds. Additionally,
approving expenditures of lodging tax funds is a two-step process, requiring review by the City's Lodging
Tax Advisory Committee and City Council. State Law gives considerable authority to the City's Lodging
Tax Advisory Committee in reviewing and approving funding requests. For more information on entities
eligible to receive funding and the process for awarding funds, see the memo dated September 22, 2016,
entitled, "Lodging Tax Approval Process."
2 RCW 67.28.080 defines "Tourism" as "economic activity resulting from tourists, which may include sales
of overnight lodging, meals, tours, gifts, or souvenirs."
3 RCW 67.28.080 (6) defines "Tourism promotion" as "...activities, operations, and expenditures designed
to increase tourism, including but not limited to advertising, publicizing, or otherwise distributing
information for the purpose of attracting and welcoming tourists; developing strategies to expand tourism;
operating tourism promotion agencies; and funding the marketing of or the operation of special events
and festivals designed to attract tourists."
4 RCW 67.28.080 (1) provides the following definition of "Acquisition" ..."includes, but is not limited to,
siting, acquisition, design, construction, refurbishing, expansion, repair, and improvement, including
paying or securing the payment of all or any portion of general obligation bonds, leases, revenue bonds,
or other obligations issued or incurred for such purpose or purposes under this chapter."
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INFORMATIONAL MEMO
Page 2
(b) The marketing and operations of special events and festivals designed to attract
tourists;
(c) Supporting the operations and capital expenditures of tourism -related facilities5
owned or operated by a municipality or a public facilities district created under
chapters 35.57 and 36.100 RCW; or
(d) Supporting the operations of tourism -related facilities owned or operated by nonprofit
organizations described under 26 U. S. C. Sec. 501(c)(3) and 26 U. S. C. Sec.
501(c)(6) of the internal revenue code of 1986, as amended.
DISCUSSION
Several Councilmembers have inquired about permissible uses of lodging tax funds. Based
upon the limitations outlined above, staff would like to provide some guidance on the future use
of lodging tax funds.
A simple question that can be asked to help determine if lodging tax funds can be used is
"Is the activity, operation or expenditure designed to increase tourism or welcome tourists to the
City?"
If the answer is yes, then lodging tax might be able to be used after further analysis of the
specific funding request.
Tourism could include people who travel and stay overnight in the City (overnight visitors) or
those who travel to the Tukwila for the day (day visitors). Economic activity from Tukwila
residents would not be considered tourism.
The following lists examples of activities, operations and expenditures that would likely be
eligible for lodging tax funding. This is not intended to be an exhaustive list.
• Marketing and advertising intended to bring overnight visitors to the City.
• Marketing and advertising intended to bring day visitors to the City.
• Installation of new "way finding" signs for tourists and installation of City identification
signs.
• Sponsoring, operating, and marketing of special events or festivals, either by the City or
third parties, if designed to bring tourists to the City.
• Installation of banners on street poles or across city streets if either welcoming tourists to
the City or promoting upcoming events.
• Capital improvements, such as park improvements or trail improvements, designed to be
used primarily by tourists.
• Maintenance of parks primarily used by tourists, such as Fort Dent Park or the Green
River trail.
5 RCW 67.28.080 (7) defines "Tourism -related facility" as, "...real or tangible personal property with a
usable life of three or more years, or constructed with volunteer labor that is: (a)(i) Owned by a public
entity; (ii) owned by a nonprofit organization described under section 501(c)(3) of the federal internal
revenue code of 1986, as amended; or (iii) owned by a nonprofit organization described under section
501(c)(6) of the federal internal revenue code of 1986, as amended, a business organization, destination
marketing organization, main street organization, lodging association, or chamber of commerce and (b)
used to support tourism, performing arts, or to accommodate tourist activities."
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INFORMATIONAL MEMO
Page 3
• Supporting marketing and operations of government entities (City of Tukwila and SSRTA)
or nonprofit organizations, when activities performed are designed to attract tourists to
the City or welcome tourists to the City.
The following lists examples of activities, operations and expenditures that would likely NOT be
eligible for lodging tax funding. This list is not intended to be exhaustive.
• Funding basic general governmental operations of the City6
• Marketing and advertising directed at residents.
• Way finding signs in residential areas intended for residents.
• Sponsoring of special events or festivals intended for residents.
• Capital improvements, such as park improvements, intended for residents (such as at
parks used primarily by residents).
• Maintenance of parks primarily used by residents, such as Hazelnut Park.
• Capital expenditures for tourism related facilities owned or operated by a non-profit.
Reportinq Requirements
RCW 67.28.1816 requires that entities receiving lodging tax fund report metrics back to the
municipality. Per State Law, the following is required to be submitted to the City in the project
close out for a specific funding request:
1. Actual number of people traveling for business or pleasure on a trip.
2. Number of people traveling for business and pleasure and staying in paid
accommodations in the City.
3. Visitors who traveled more than 50 miles or more from their place of residence of
businesses for the day or staying overnight.
4. Visitors who traveled from another county or state.
It is important to note that the City's Lodging Tax Advisory Committee is granted significant
authority by RCW 67.28.1816 when reviewing lodging tax requests. The City Council cannot
reverse a decision of the Committee if the Committee chooses not to approve a specific funding
application. Traditionally, the Committee has considered the metrics outlined above very
strongly when considering funding requests.
RECOMMENDATION
Information and discussion only. Forward to the October 10, 2016 Committee of the Whole
meeting for discussion by the full Council.
ATTACHMENTS
• None.
6 The City is permitted to charge special funds, like the lodging fund, for costs incurred by the general
fund to support the special funds.
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126
DRAFT, DISCUSSION ONLY
Lodging Tax Six Year Financial Plan
Revenue
Year
Orginal Estimated Amount
Forecasted
Actuals
2019 2020 Budget 12020, Updated 2021 2022 2023 2024
$ 800,000 1 $ 800,000 $ 840,000 $ 882,000 $ 926,100 $ 972,405
Lodging Tax Collection (Revised, 5/7/20) $ 819,095 $ 800,000
Expenses
Marketing, Sales, Major Sponsorships
Contracted DMO Services
$ 202,500
$ 202,500
SSRTA Emergency Funding
$ 75,000
Major Sponsorships Funding Request
$ 150,000
$ 150,000
Seattle Seawolvs
Seattle Southside Chamber of Commerce
$ -
Virtual Sports
$ 30,000
Small Event Development and Support
$ 10,000
$ 15,000
Digital Development and Website (Experience Tukwila)
$ -
$ 88,375
SavingLocalKC.com
$ 154,170
Destination Development
Wayfinding Plan Development and Installation
$ -
$ 50,000
Southcenter Art I nvestements
$ 600
$ 39,400
Tukwila Pond
$ -
$ 125,000
World Cup Planning and Activiation
$ -
$ -
Adminstration/Operations
Salary
$ 58,040
$ 56,586
Benefits
$ 18,124
$ 18,411
City Overhead Charge
$ 18,741
$ 19,416
Adminstration Expenses
$ 21,385
$ 30,000
$ 116,290
Total Expenditures:
$ 479,390
$ 1,053,858
Starting Year Balance:
$ 1,617,625
$ 1,957,330
Ending Fund Balance:
$ 1,957,330
$ 1,703,472
Totals
1 $ 400,000 $ 450,000 $ 600,000 $ 700,000 $ 800,000 $ 4,569,095
$ 202,500
$ 202,500
$ 202,500 $
$ 75,000
$ 50,000
$ 150,000
$ 150,000 $
$ 10,000
$ 50,000
$ 5,000
$ 15,000
$ 15,000 $
$ 88,375
$ 50,000
$ 50,000 $
$ 154,170
$ 100,000
$ 150,000
$ 100,000 $
$ 39,400
$ 75,000
$ 75,000 $
$ 125,000
$ 200,000
$ 200,000 $
$ 40,000
$ 40,000 $
$ 53,870
$ 58,284
$ 60,032 $
$ 18,411
$ 18,963
$ 19,532 $
$ 19,416
$ 19,998
$ 20,598 $
$ 30,000
$ 30,000
$ 30,000 $
$ 1,021,142
$ 1,009,745
$ 962,663 $
$ 1,957,330
$ 1,336,188
$ 776,443 $
$ 1,336,188
$ 776,443
$ 413,780 $
202,500 $ 202,500 $ 1,417,500
150,000 $ 150,000 $ 950,000
15,000 $ 15,000 $ 90,000
50,000 $ 50,000 $ 376,750
100,000
$ 100,000
$ 600,000
75,000
$ 75,000
$ 379,400
200,000
$ 200,000
$ 1,050,000
50,000
$ 50,000
$ 180,000
61,833
$ 63,688
$ 412,333
20,118
$ 20,722
$ 134,281
21,216
$ 21,853
$ 141,239
30,000
$ 30,000
$ 201,385
975,668
$ 978,763
$ 5,932,888
413,780
$ 138,112
138,112
$ (40,650)
Notes
Salary for Bus Manager is split 50/50 between general fund and lodging tax. Salary savings
reflects credit to lodging tax for 14 furlough days for 2020.
Revenue Increase (2021-2024) 0.05
Salary is assumed to rise 3% per year. 0.03
Benefits are assuemd to rise 3% per year. 0.03
Indirect Cost Allocation is assumed to increase 3% per year. 0.03
This document does not bind the City to provide funds nor does it authorize any funding. All use of lodging tax funds must be approved by LTAC and the City Council through an application process.
Overhead charge is charged to all special accounts and recoups the cost of the general fund to support the lodging tax fund. This include facilities, IT services, legal, and accounting.
Cells in yellow show pending applications.
Cells in green show approved applications.
4 Cells in red are budgeted items that have not been encumbered.
7/14/2020
BJ M
128
Tukwila Tourism Funding at a Glance
Tukwila's tourism is funded by two separate revenue sources — the City's lodging tax and the Tourism Promotion Area (TPA) fee.
Jointly, these funds promote our many attractions and help welcome tourists to the City.
Lodging Tax vs. TPA Fee LODGING
Statutory Authority: Tukwila Municipal Code 3.40 Interlocal Agreement (ILA) between
Tukwila, SeaTac, and Des Moines
How charges are calculated:
Total funds collected from Tukwila
properties in 2019:
Where do the funds go?
Does the City Council control the funds?
1% of eligible stay in all city hotels,
motels, and Airbnb's
Ex. $100 room rate=$1 charge
$819,000
The City's 101 fund for tourism -related
expenditures
Yes (Subject to the City's Lodging Tax
Advisory Committee approval)
$2 per night per room of eligible stays only
in motels and hotels with 90 or more rooms
Ex: $100 room rate=$2 charge
$1,149,000 (estimate)
The Seattle Southside Regional Tourism
Authority (SSRTA) which promotes tourism
in Tukwila, Seatac, and Des Moines
No (Modification of Interlocal Agreement
(ILA) required)
Can the tax and fee be repealed? Yes. The standard process for modifying Yes. The City can opt out of the Interlocal
the Tukwila Municipal Code applies Agreement (ILA) with one year's notice
How Funds Can Be Used
Promotion and marketing to bring tourists
that live greater than 50 miles away?
Promotion and marketing to bring tourists that
live within 50 miles of the City?
Marketing special events?
Operations and expenditures related to facilities
owned or operated by a municipality or public
facilities district?
Supporting the operations of tourism -related
facilities owned or operated by a
nonprofit organization?
Examples of how we use the funds:
Yes
Yes
Yes
1Z
Yes
Yes
SavingLocalKC, Experience Tukwila, Starfire
Sports, Museum of Flight, Seattle Southside
Regional Tourism Authority, Seattle Seawolves,
Tukwila International Food Truck Rally
Yes
No (Effective July 1, 2020)
Yes (provided the funds are used to bring in
tourist from greater than 50 miles)
one
No
Support the Seattle Southside Regional
Tourism Authority (SSRTA) which promotes
tourism in Tukwila, SeaTac, and Des Moines
129
Tukwila Tourism Funding at a Glance
Tukwila's Relationship with the Tourism Promotion Area (TPA)
and Regional Tourism Authority (RTA)
IT
t.ity nas agreement
Tourism for lodging tax funds,
Promotion $202,500 for 2020
Area
City of
TOFWukwila
$39,632
Des Moines
Per ILA, TPA funds go directly
to SSRTA, $3,963M for 2019
City of
City of SeaTac is responsible for
overseeing the Tourism promotion
area through ILA
Lodging
Tax Funds
(Actuals)
Source for 2019
$830,000
SeaTac
$202,500
Tukwila
$52,497
Des Moines
Estimated
TPA Fee
TukwilaWA.gov
130
Planning & Economic Development Committee Minutes.......................................................................................August3, 2020
D. Tourism Promotion & Lodging Tax Briefing
Staff provided an overview on the City's use of lodging tax and Tourism Promotion Area funds
and the distinctions between them.
Committee Recommendation
Forward to August 10, 2020 Committee of the Whole.
E. "Experience Tukwila" Performance Measures
Staff briefed the Committee on performance measures and key performance indicators for the
"Experience Tukwila" social media campaign.
Committee Recommendation
Discussion only.
MISCELLANEOUS
The meeting adjourned at 6:43 p.m.
Committee Chair Approval
Minutes by LH
131
132
COUNCIL AGENDA SYNOPSIS
----------------------------------Initials
Meeting Date
Prepared by
Mayors review
Council review
08/10/20
JCW
ITEM INFORMATION
ITEM NO.
3.G.
STAFF SPONSOR: ALLAN EKBERG
ORIGINAL AGENDA DATE: 8/ 1012020
AGENDA ITEM TITLE Fire Department 6 month Budget Report
CATEGORY ® Discussion
Mtg Date 08/10/20
❑ Motion
Mtg Date
❑ Resolution
Mtg 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 ❑ PW1'
SPONSOR'S The Council adopted budget provisos for the Fire Department in Dec 2019: One condition
SUMMARY was for the Mayor and City Administrator to present along with the Fire Chief a 6 month
report concerning the Budget report for the Fire Department. This report covers Jan -June
2020 and provides projections for the rest of 2020.
REVIEWED BY ❑ Trans&Infrastructure ❑ CommunitySvs/Safety ® Finance Com ❑ Planning/Economic Dev.
❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 07/27/20 COMMITTEE CHAIR: SEAL
RECOMMENDATIONS:
SPONSOR/ADMIN. Mayor / City Administrator / Fire Department
COMMITTEE Discussion only / Forward to COW
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $0 $0
Fund Source: NA
Comments: NA
MTG. DATE
RECORD OF COUNCIL ACTION
08/10/20
MTG. DATE
ATTACHMENTS
08/10/20
FD 6 Month Informational Memorandum dated 7120/20
FD 6 month Budget & Forecast 2020 Report- Power Point (updated after Finance)
FD 1st Quarter Informational Memorandum dated S/20/20
Minutes from the 07/27/20 Finance Committee meeting
133
134
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Tukwila City Council
FROM: Allan Ekberg, Mayor, David Cline, City Administrator
Jay C. Wittwer, Fire Chief
BY: Jay C. Wittwer, Fire Chief
CC: Laurel Humphrey, Council Analyst
DATE: 07/20/2020
SUBJECT: Fire Department 6 Month Budget Report
CURRENT STATUS
The Fire Department has met budget projections for the first 6 months of the year regarding
expenditures for the 2020 budget year. The Fire Department has met the total adopted budget for Jan 1
to June 30, reflected at 50%. Overtime use is tracking ($77,802) under projected budget as of June 30,
2020. The Fire Department is projected to be at or below budget when the final 2020 budget report is
provided by the Finance Department.
BACKGROUND
The attached 1st Quarter report provides the background regarding this 6 month Fire Department
report.
DISCUSSION
2nd Quarter Financial Update through June 2020
As the attached report shows, the Fire Department is projected to be within the Adopted 2020 Budget if
current expenditure patterns continue. From January to June 2020, the Fire Department had spent
approximately 33% of its allocated budget. This has been accomplished through a collaborative
process of the full Fire Department Administrative Team as described in the 1 st Quarter report and
efforts outlined below.
Overtime Usage
A key change in the Fire Department was the reduction in overtime usage from January to June 2020
as compared to 2019. As the charts show below, the Fire Department had already instituted changes
to its overtime usage in 2020, which caused significant savings.
Due to the impacts of COVID-19 and the "Stay Home, Stay Healthy" order, there was an expectation
of reduced revenues as well as reduced calls for service. The first phase of citywide operational
reductions included a directive of no overtime without prior authorization of the Mayor. For the Fire
Department, this meant not using overtime when there is an unscheduled leave and to staff an aid car
at Fire Station 52 rather than an engine. This change has resulted in additional savings. It should be
noted that if staffing falls below 12, then overtime is incurred to maintain minimum staffing of 12.
Throughout 2019, the average overtime usage per month was $59,629. On
average, of this $59,629 monthly overtime cost, $36,342 was for minimum staffing.
In 2020, the average monthly overtime usage in the 1 st quarter (Jan -Mar) had decreased to
$35,478, and by the 2nd quarter (Apr -June) this had decreased to $10.048 per month. For
the year (Jan -June) the average monthly overtime usage has averaged $22,764.
Page 1 of 2
135
If this trend continues the Fire Department will be within the Council's Adopted Budget for
overtime.
The Fire Department has worked diligently in 2020 to stay within the Council's adopted budget. After 6
months in 2020, the Fire Department has only used 25.5% of its allocated budget for overtime. If this
rate is sustained, overtime usage for 2020 will be on or below budget. The month of July has sustained
an increase in minimum staffing overtime, so that daily staffing levels remain at 12 per shift. This is due
to an increase in sick leave usage causing unscheduled overtime. The Fire Department Management
Team is committed to monitoring the occurrences of overtime.
FINANCIAL IMPACT
With these changes to the Fire Department budget tracking and adjustment efforts, the overall goal is to
better track costs and to bring the ending fund balance for the Fire Department 2020 budget within the
adopted budget as approved by the City Council. These tracking efforts will bring clarity to the City
Council concerning the status of service levels and the Fire Department Budget.
RECOMMENDATION
This is for discussion only, forward to the COW and submitted in response to the 2019 Budget
Proviso.
ATTACHMENTS
• FD 6 Month Budget and Forecast Report Power Point
• FD 1st Quarter Informational Memo (includes overtime reports for December 2019 and April 2020
and May 6, 2020 Proviso response)
Page 2 of 2
136
FI�R�E
Tukwila Fire Department
6 Month Budget and Forecast Report
zoo
(A)
00
Contents
• 2020 Forecast vs Budget
• 2020 Overtime Report Dollars and Hours
• 2020 Revenues
• Goals for the year
Fire zozo Forecast vs Budget �
• Department projected to be within Original 2020 Adopted Budget
• Operational Changes in Overtime have been main cost savings
• Reduced costs for minimum staffing
• Reduced overtime costs for training and other activities
• First six months averaging $22K/month in overtime,
• Concerns -July projected at $50K/month - increase in Sick Leave
• Salaries/Benefits overbudget- pipeline, academy &retirements
• Supplies below budget due to budget scrub
• Covid-19 Financial Savings have been accounted for in O/T &Supplies
• Additional Savings —Capital/Knox Box (shown) &Fleet (not shown)
O
Fire 202o Forecast vs Budget Fire's 2020 Forecast vs Budget
Adiusted
YTDActuals
Full Year Forecasts
Forecasted Variance from Budget
Ad' Budget Variance
Updated July 22ad 2020
Jan -June
%Budget
Forecast
Printed Budget
Over/(Under)
Deviation%
C39Budget Adj Adjusted Budget
Over/Under
Deviation%
Regular Salaries & Wages
$
3,970,602
51.8%
$
7,855,952
$
7,666,823
$
189,129
2.5%
$
-
$
7,666,823
$ 189,129
2.5%
Extra Labor
$
-
-
$
5,508
$
$
5,508
-
$
-
$
-
$ 5,508
-
Total Overtime
$
136,582
25.5%
$
286,582
$
534,64
$
(248,066)
-46.4%
$
(150,000)
$
384,648
$ (98,066)
-25.5%
Holiday Pay $
2,641
0.9%
$
252,641
$
295,454
$
(42,813)
-14%
$
- $
295,454
$
8,400,683
$
8,496,92
$
(96,242)
-1%
$
(150,000)
$
8,346,925
$ 53,758
1%
TOTAL SALARIES & WAGES $ 4,109,825 48.4%
FICA
$
69,450
33.2%
$
146,360
$
208,95
$
(62,596)
-30%
$
$
208,956
Pension - LEOFF
$
275,201
61.7%
$
541,001
$
446,274
$
94,727
21%
$
-
$
446,274
$ 94,727
21%
Pension - PERS
$
16,414
32.1%
$
39,943
$
51,12
$
(11,186)
-22%
$
-
$
51,129
Industrial Insurance
$
217,851
51.5%
$
383,813
$
422,61
$
(38,806)
-9%
$
-
$
422,619
$ (38,806)
-9%
Medical, Dental, Life, Optical
$
827,771
53.5%
$
1,583,490
$
1,548,497
$
34,993
2%
$
-
$
1,548,497
$ 34,993
2%
VEBA6 RMP
$
15,000
N/A
$
33,000
$
$
33,000
-
$
-
$
-
$ 33,000
-
PERSONNEL BENEFITS
$
1,421,687
53.1%
$
2,727,606
$
2,677,475
$
50,131
1.9%
$
-
$
2,677,475
$ 50,131
1.9%
TOTAL SALARY & BENEFITS
$
5,531,512
49.5%
$
11,128,289
$
11,174,4
$
(46,111)
-0.49/
$
(150,000)
$
11,024,400
$ 103,889
0.9%
Jan -May
Adjustments
Adjustments
Office & Operating Supplies
$
48,465
23.4%
$
174,465
$
206,87
$
(32,412)
-16%
$
(25,000)
$
181,877
$ (7,412)
-4%
Small Tools & Minor Equipment
$
29,232
33.5%
$
43,232
$
87,26
$
(44,036)
-50%
$
(36,000)
$
51,268
$ (8,036)
-16%
SUPPLIES & SMALL TOOLS
$
77,697
26.4%
$
217,697
$
294,14
$
(76,448)
-26%
$
(61,000)
$
233,145
$ (15,448)
-7%
Professional Services
$
49,534
61.2%
$
118,534
$
81,000
$
37,534
46%
$
(4,000)
$
77,000
$ 41,534
54%
Dispatching Services - Dispatching
$
76,437
34.4%
$
229,310
$
221,945
$
7,365
3%
$
-
$
221,945
$ 7,365
3%
Communication
$
14,375
44.7%
$
32,435
$
32,17
$
265
1%
$
-
$
32,170
$ 265
1%
Travel
$
468
6.7%
$
2,218
$
7,00
$
(4,782)
-68%
$
(7,000)
$
-
$ 2,218
-
Operating Rentals & Leases - Non Fleet
$
3,680
96.8%
$
8,832
$
3,800
$
5,032
132%
$
-
$
3,800
$ 5,032
132%
Operating Rentals & Leases - Fleet
$
135,490
20.8%
$
650,351
$
650,35
$
-
0%
$
-
$
650,351
$ -
0%
Insurance(WCIA)
$
173,213
86.6%
$
173,213
$
199,92
$
(26,709)
-13%
$
-
$
199,922
$ (26,709)
-13%
Public Utility
$
47,049
64.1%
$
99,549
$
73,360
$
26,189
36%
$
-
$
73,360
$ 26,189
36%
Repairs & Maintainance
$
19,869
53.8%
$
53,469
$
36,921
$
16,548
45%
$
-
$
36,921
$ 16,548
45%
Miscellaneous
$
32,363
22.5%
$
131,571
$
143,87
$
(12,303)
-9%
$
(14,500)
$
129,374
$ 2,197
2%
SERVICES
$
552,477
38.1%
$
1,499,482
$
1,450,343
$
49,139
3%
$
(25,500)
$
1,424,843
$ 74,639
5%
Capital Purchases (Machinery& Equipment)
$
5,495
2.7%
$
5,495
$
200,00
$
(194,506)
-97%
$
-
$
200,000
$ (194,506)
-97%
TOTAL OPERATING EXPENSES $
635,669
32.7%
$ 1,722,673
$
1,944,488
$
(221,815)
-11.4%
$
(86,500) $
1,857,988
$ 135,315
-7.3%
GRAND TOTAL $
6,167,181
47.0%
$ 12,850,962
$ 13,118,888
$
(267,926)
-2.0%
$
(236,500) $
12,882,388
$ 31426
-0.2%
Report by
Jake Berry
Fire 202O 1st & 2nd Qrt Overtime i Dollars
FD 2020 Overtime (S)
Overtime Project Name
ACADEMY
ID RUN
January
February
March
April
May
June
YTD Total
%Total
$/hr
$ 2,537
$ 478
$ 3,015
2%
$ 86.76
$ 272
$ 215
$ 487
0%
$ 62.90
IRPAK MAINTENANCE/SCBA
$ 408
$ 833
$ 680
$ 1,922
1%
$ 68.04
CALL BACK
$ 436
$ 277
$ 713
1%
$ 79.23
ITY MEETING
$ 945
$ 79
$ 1,024
1%
$ 74.47
ONTRACTOR BILLABLE OT
$ 2,024
$ 1,557
$ 3,063
$ 698
$ 1,162
$ 8,495
6%
$ 78.66
DEPARTMENT MEETING
$ 3,853
$ 178
$ 396
$ 436
$ 238
$ 5,101
4%
$ 77.00
EXPLORERS
$ 248
$ 248
0%
$ 70.82
FIRE INVESTIGATION
$ 352
$ 1,629
$ 1,123
$ 857
$ 1,031
$ 988
$ 5,980
4%
$ 102.65
FIRE PREVENTION OT
$ 3,608
$ 2,744
$ 6,352
5%
$ 92.74
INSTRUCTOR
$ 527
$ 1,066
$ 136
$ 1,729
1%
$ 72.79
INSTRUCTOR -CBT
$ 1,380
$ 1,380
1%
$ 58.72
INSTRUCTOR -JATC
$ 226
$ 1,467
$ 1,694
1%
$ 61.59
INSTRUCTOR -RESCUE
$ 1,048
$ 1,048
1%
$ 89.16
INSTRUCTOR - TRUCK ACADEMY
$ 527
$ 2,856
$ 3,383
2%
$ 65.06
ATC
$ 230
$ 879
$ 1,108
1%
$ 48.18
MINIMUM STAFFING -'A' SHIFT
$ 9,849
$ 11,909
$ 11,326
$ 2,825
$ 35,909
26%
$ 64.91
MINIMUM STAFFING -'B' SHIFT
$ 2,903
$ 6,323
$ 4,431
$ 900
$ 1,467
$ 16,025
12%
$ 65.14
MINIMUM STAFFING -'C' SHIFT
$ 5,368
$ 182
$ 1,654
$ 84
$ 102
$ 7,389
5%
$ 76.77
vertime (COVID-19 Related)
$ 8,015
$ 8,015
6%
$ 75.80
PHONE CALL OT
$ 32
$ 100
$ 44
$ 176
0%
$ 78.16
PROGRAM/EQUIPMENT SUPPORT
$ 34
$ 34
0%
$ 68.04
PUBLIC SAFETY BOND
$ 399
$ 2,162
$ 889
$ 34
$ 11115
$ 602
$ 5,201
4%
$ 70.76
PUBLIC SAFETY COMMITTEE MEETING
$ 293
$ 293
0%
$ 58.56
SHIFT EXTENSION (CALL)
$ 361
$ 295
$ 139
$ 333
$ 270
$ 207
$ 1,606
1%
$ 63.60
SHIFT EXTENSION (REPORT)
$ 165
$ 129
$ 167
$ 29
$ 490
0%
$ 65.35
SPECIAL ASSIGNMENT
$ 86
$ 842
$ 929
1%
$ 64.04
SPECIAL COMMITTEE MEETING
$ 277
$ 158
$ 172
$ 607
0%
$ 65.67
TARFIRE EVENTS/STANDBY
$ 1,377
$ 670
$ 2,047
1%
$ 85.30
RAINING
$ 2,122
$ 261
$ 1,645
$ 2,894
$ 6,922
5%
$ 59.67
Total w/PA Codes
No PA Code
$ 36,984
$ 646
$ 30,997
$ 1,791
$ 34,349
$ 1,668
$ 2,076
$ 2,055
$ 7,718
$ 287
$ 17,198
$ 813
$ 129,322
$ 7,259
95%
5%
L. Overtime
S 37,630
S 32,787
36,018
4,130
8,005
S 18.011
IS 136,582
300%
Highlights from chart
Minimum Staffing 59,323
Fire Prevention 6,352
Fire Investigations 51980
Pub Safe Bond 5,201
Training 6,922
Chart Grand Total $136,582
Report by Jake Berry
Fire 202O 1 st & Znd Ort Overtime i Hours
FD 2020 Overtime (Hours)
Overtime Project Name -' January -
February -
March -
April L:j
May -
June -
YTD Total -
ACADEMY
28
7
35
AID RUN
4
4
8
AIRPAK MAINTENANCE/SCBA
6
12
10
28
CALL BACK
6
4
9
CITY MEETING
13
1
14
CONTRACTOR BILLABLE OT
28
20
36
8
16
108
DEPARTMENT MEETING
51
2
5
6
3
66
EXPLORERS
4
4
FIRE INVESTIGATION
4
16
11
9
10
9
58
FIRE PREVENTION OT
39
30
1 69
INSTRUCTOR
9
13
2
24
INSTRUCTOR -CBT
24
24
INSTRUCTOR -JATC
4
24
28
INSTRUCTOR - RESCUE
12
12
INSTRUCTOR - TRUCK ACADEMY
9
43
52
JATC
5
18
23
MINIMUM STAFFING -'A' SHIFT
150
188
168
48
553
MINIMUM STAFFING-'B'SHIFT
43
96
72
12
24
246
MINIMUM STAFFING -'C' SHIFT
67
3
24
1
1 2
96
Overtime
106
106
PHONE CALL OT
1
1
1
2
PROGRAM/EQUIPMENT SUPPORT
1
1
PUBLIC SAFETY BOND
6
31
13
1
16
9
74
PUBLIC SAFETY COMMITTEE MEETING
5
5
SHIFT EXTENSION (CALL)
6
5
2
5
1 5
4
25
SHIFT EXTENSION (REPORT)
3
2
3
1
8
SPECIAL ASSIGNMENT
2
13
15
SPECIAL COMMITTEE MEETING
4
3
3
9
STARFIRE EVENTS/STANDBY
16
8
24
TRAINING
1 35
41
30
48
116
Total Overtime (w/PA) 518 442 476 26 114 264
1,8319
Highlights from chart
Minimum Staffing 895 hrs
Fire Prevention 69 hrs
Fire Investigations 58 hrs
Pub Safe Bond 74 hrs
Training 116 hrs
Chart Grand Total 1,839 hrs
Report by Jake Berry
Fire 202O 1 st & Znd Quarter Revenues
ACCT TITLE
Total 6 Months
FIRE INSPECTIONS - FMO
$
44,213
FIRE PROTECT/EMERG COST RECOVERY
$
13,295
FIRE PROTECTION SERVICES
$
31165
FIRE REINSPECTION FEE
$
300
KING COUNTY FIRE TRAINING
$
405
OTHER NON -BUS LIC/PERMITS-TECH FEE FIRE
$
31864
FALSE ALARMS- FMO
$
11150
$ 66,392
�:
Report by Jake Berry
w
Goals For The Year (provisos)
1. 2019 Annual report - RCW 35A.92.030 - Completed
2. Quarterly reports —1st and 2nd completed
3. Mid -year report — This report completes this line
4. Third -party consultant budget and management practices - RFP
in process
5. Additional revenues — False Alarm Billing, Ambulance Contract,
Fire Marshall Office updated fees
6. To remain within the 2020 adopted budget- On target
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Tukwila City Council
FROM: Allan Ekberg, Mayor, David Cline, City Administrator and
Jay C. Wittwer, Fire Chief
BY: Jay C. Wittwer, Fire Chief
CC: Laurel Humphries, Council Analyst
DATE: 05/20/2020
SUBJECT: Fire Department 151 Quarter Budget Report
CURRENT STATUS
The Fire Department has made changes to expenditures for the 2020 budget year. The Fire
Department has met the total adopted budget for Jan 1 to March 31, reflected at 25% and now through
April 2020, it is on target at 33% of budget. Overtime use is tracking ($77,802) under projected budget
as of April 30, 2020. The Fire Department is projected to be at or below budget when the final April
2020 budget report is provided by the Finance Department.
BACKGROUND
The Fire Department Administrative Team has committed to remain within the adopted budget for 2020
In the past ten years the Fire Department has required a budget amendment that increases that
adopted budget each year. There have been reasons for these increases, however most years have
been centered on Salaries/Benefits and Overtime.
DISCUSSION
1 st Quarter Financial Update through April 2020
As the attached report shows, the Fire Department is projected to be within the Adopted 2020 Budget if
current expenditure patterns continue. From January to April 2020, the Fire Department had spent
approximately 33% of its allocated budget. This has been accomplished through a collaborative
process of the full Fire Department Administrative Team as described below and in coordination with
support from other departments, specifically the Finance Department and our shared Public Safety
Analyst.
Overtime Usage
A key change in the Fire Department was the reduction in overtime usage from January to March 2020
as compared to 2019. As the charts show below, the Fire Department had already instituted changes
to its overtime usage in 2020, which caused significant savings.
Due to the impacts of COVID-19 and the "Stay Home, Stay Healthy" order, there was an expectation
of reduced revenues as well as reduced calls for service. The first phase of citywide operational
reductions included a directive of no overtime without prior authorization of the Mayor. For the Fire
Department, this meant not using overtime when there is an unscheduled leave and to staff an aid car
at Fire Station 52 rather than an engine. This change has resulted in additional savings. It should be
noted that if staffing falls below 12, then overtime is incurred to maintain minimum staffing of 12.
Page 1 of 4
145
Throughout 2019, the average overtime usage per month was $59,629. On
average, of this $59,629 monthly overtime cost, $36,342 was for minimum staffing.
In 2020, the average monthly overtime usage in Jan -March had decreased to $32,053, of
which $16,636 was for minimum staffing.
In April 2020, the actual overtime usage declined to $4,098, with minimum staffing
making up only $417 of the total month's overtime costs.
Fire Department Overtime (Salaries Only)
YTD as of December 31, 2019
Details
Division # Division
January February
March
April
May
June
July
August September
October November December YTD TOTAL
200 Suppression
36,377
55,006
47,764
66,909
40,308
52,923
51,977
31,774
39,200
43,423
16,943 17,503
500,107
300 Prevention & Investigation
13,506
11,180
16,937
11,648
12,202
12,329
10,882
17,668
15,729
14,155
8,265 9,475
153,973
410 Training
3,764
2,624
3,846
2,895
1,902
2,624
3,581
3,957
323
4,569
- 1,122
31,206
600 Emergency Management
2,118
6,913
1,190
-
-
7,737
2,751
-
-
4,965
- 4,592
30,266
Total
55,764
75,724
69,737
81,452
54,411
75,612
69,191
53,399
55,251
67,112
25,207 32,692
715,552
The Fire Department has worked diligently in 2020 to stay within the Council's adopted budget. After 4
months in 2020, the Fire Department has only used 19% of its allocated budget for overtime. If this rate
is sustained, overtime usage for 2020 will be on budget.
Fire Department Overtime
Year -to -Date as of April 30, 2020
Remaining
Allocated
Dlvklon*
DMdon
January
February
March
April
YTDTOTAL
Annual Budget %Spent
Budget
Budget
Variance
200
Suppression
26,531
20,565
23,779
1,187
72,062
440,822
16.3%
368,760
146,941
(74,879f
300
Prevention & Investigation
5,985
5,931
4,626
857
17,399
65,143
26.7%
47,744
21,714
(4,31$
410
Training
1,607
890
2,537
2,055
7,089
18,813
37.7%
11,724
6,271
818
600
Emergency Management
303
-
3.407
-
3.710
9.406
39.4%
5,696
3.135
574
The Fire Department has adopted the following additional administrative and training changes to better
manage within the 2020 Council Adopted Budget:
Educating the Command Staff and all Officers: The Fire Department Administrative Staff has
traditionally managed the budget for the Fire Department. Efforts have been made to include the
Command Staff every month to discuss, educate and empower the Battalion Chiefs to manage
budgets.
Shift Budgets: in December of 2019 schedules were developed and shared with each of the shift
Battalion Chiefs. Each shift is expected to remain within the budget set for 2020. The Battalion Chiefs
are to review budgets with the captains and all crews. On January 10, 2020 an all officers meeting
was held to educate the officers on the budget and to provide clear expectations concerning
accountability of the budget. The Mayor and City Administrator attended this meeting. A video was
recorded and shared with all Fire Department personnel shortly after the meeting.
Fire Prevention: is expected to remain within the budget set for 2020. Efforts have been made in the
past year to bring efficiencies within that office and to address services that have not met the needs of
the community.
Vacant positions: Two support staff positions have not been filled, one in each of the following
divisions: Emergency Management and Fire Prevention. These two positions became vacant during
Page 2 of 4
146
2019. The savings from these un-filled positions are cost saving measures, however service levels
have been affected within the Emergency Management Division and Fire Prevention Division.
Consulting Services: Habile Consulting and Prothman Company are two consulting services brought
into this process. Habile Consulting was the vendor selected to meet one of the provisos of the City
Council. Prothman provided a fire service professional (former Fire Chief Marcus Kragness) to review
and advise the Fire Chief regarding best practices within the fire service.
Former Fire Chief Marcus Kragness did review and provide advice to the Fire Department Management
Team. He spent twelve weeks with the department that included attending Command Staff meetings,
an all Officers meeting, met face to face with most of the response crews, the Fire Marshal's office and
reviewed department documents. Mr Kragness also provided a detailed assessment of Fire Station 52
response area including all other fire response units that responded into that area. He also made
recommendations that will be incorporated into the Department's Strategic Plan.
Habile Consulting has withdrawn from the process and will not provide a report as is mentioned in the
attached Fire Department Proviso Response memo.
Trainina exaenditures:
Boat Program Training: For the past ten years the Fire Department has provided training to a
select group of boat operators within the department. Most of this training was done on duty with
no overtime costs incurred however, there has been a small amount of overtime from time to time
during the past ten years. For the budget year 2020 no boat training will be conducted, and no
associated overtime costs will be incurred. As committed to earlier, the overall Boat Program
funding policies will be brought to a future Council Committee later this year for review.
Rescue Team Training: All rescue type overtime incurred training has been suspended. There is
rescue training that is provided through the training consortium. This training is conducted to on
duty personnel only and no overtime is incurred. In the past up to $50,000.00 has been spent on
rescue team training, and most of this was off duty overtime expenditures. The goal is to have
zero dollars spent on rescue training during 2020.
The Zone 3 Operations Committee has developed a plan to have all Truck/Ladder Companies
respond to assist with Rescue type calls when additional assistance is required. L354 has started
to prepare to fill this role in the future. This effort will ensure that our rescue capabilities will meet
the demand within our community and for the region.
Mandatory Training: All mandatory training is being identified and cataloged. This includes the
following: WAC 296-305, JATC, Blue -card, Peer Support, vehicle operators and health/safety.
These types of training are required either by National, State or Local Standards. Much of this
training is conducted on duty, however there are cases where overtime costs are needed to provide
this training. All other training has been suspended as noted above.
Staffing Software tracking: The Fire Department has placed a new staffing management software
program into service during 2019. Starting January 1, 2020 all regular and overtime entries are
coded in a manner that provides the ability to track all staffing costs in detail.
FINANCIAL IMPACT
With these changes to the Fire Department budget tracking and adjustment efforts, the overall goal is to
better track costs and to bring the ending fund balance for the Fire Department 2020 budget within the
adopted budget as approved by the City Council. If a budget amendment is requested before the end
of this year, these tracking efforts will bring clarity to the City Council concerning the status of service
levels and the Fire Department Budget.
Page 3 of 4
Ir MIA
RECOMMENDATION
This is for discussion only and submitted in response to the 2019 Budget Proviso.
ATTACHMENTS
• December 2019 Overtime report
• April 2020 Overtime report
• May 6, 2020 Memo on Proviso Response presented to Community Services & Safety Committee
Page 4 of 4
Um
17
16
15
14
December 2019 Active Firefighters by D.
000
ONE
0
NONE
MEN
MMEME
MEN
MEMEE
,ONE
ONE
000
ONE
0
NONE
MEN
MMEME
MEN
MEME
ONE
000
ONE
0
NONE
MEN
MMEME
MEN
MEMEE
NONE
0
ME
MEMO
NEESE
M
MEN
ME
MEN
MEN
ME
.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
O
Fire Department Overtime (Salaries Only)
As of December 31, 2019
1-Min Staffing
37,055
22,229
44,298
53,206
31,457
45,713
56,785
34,606
37,511
45,136
10,993
17,124
436,114
2-Training
5,115
4,074
6,505
10,854
13,413
9,289
1,170
3,360
4,296
9,275
2,091
789
70,232
3.0.Other
1,235
33,984
4,931
6,374
847
11,251
3,042
953
337
812
176
2,995
66,938
3.2-Equip Test/Maint
1,418
1,021
2,058
1,569
490
1,787
-
1,838
730
2,051
126
482
13,570
3.3-Meetings
1,701
3,820
246
990
634
425
317
563
-
422
1,051
1,327
11,497
4-Prevention
4,117
4,984
2,913
3,924
3,379
2,312
6,004
4,088
6,489
5,469
5,059
5,930
54,668
5-Emergency Response
249
-
-
405
1,397
716
-
62
1,191
187
2,504
167
6,879
6-Billable
4,873
5,612
8,786
4,130
2,794
4,118
1,874
7,928
4,698
3,759
3,206
3,877
55,655
Total
55,764
75,724
69,737
81,452
54,411
75,612
69,191
53,399
55,251
67,112
25,207
32,692
715,552
Details
Division # Division
January
February
March
April
May
June
July
August
September
October
November
December
YTD TOTAL
200 Suppression
36,377
55,006
47,764
66,909
40,308
52,923
51,977
31,774
39,200
43,423
16,943
17,503
500,107
1-Min Staffing
27,653
22,229
39,061
50,946
25,034
33,218
48,930
26,451
33,615
36,324
10,993
12,533
366,985
2-Training
4,426
3,127
2,230
8,284
11,785
9,203
1,170
1,907
3,327
3,626
2,091
-
51,176
3.0-Other
670
25,111
1,502
4,445
561
6,635
1,560
953
337
812
176
2,995
45,759
3.2-Equip Test/Maint
1,418
1,021
2,058
1,569
490
1,787
-
1,838
730
2,051
126
482
13,570
3.3-Meetings
1,110
2,637
246
646
634
425
317
563
-
422
1,051
1,327
9,379
4-Prevention
-
-
34
282
212
-
-
-
-
-
-
-
527
5-Emergency Response
249
-
-
405
1,397
716
62
1,191
187
2,504
167
6,879
6-Billable
851
881
2,633
332
195
939
-
-
-
-
5,832
300 Prevention & Investigation
13,506
11,180
16,937
11,648
12,202
12,329
10,882
17,668
15,729
14,155
8,265
9,475
153,973
1-Min Staffing
5,798
-
3,326
2,261
6,423
6,346
3,737
6,218
3,896
4,347
-
-
42,352
2-Training
-
-
2,738
589
723
-
-
-
646
579
5,276
3.0-Other
565
1,960
1,923
1,762
286
1,364
910
8,771
3.3-Meetings
-
170
-
344
-
-
-
514
4-Prevention
4,117
4,984
2,796
3,559
2,835
1,771
5,339
3,523
6,489
5,469
5,059
5,930
51,872
6-Billable
3,026
4,066
6,153
3,133
1,934
2,847
895
7,928
4,698
3,759
3,206
3,544
45,188
410 Training
3,764
2,624
3,846
2,895
1,902
2,624
3,581
3,957
323
4,569
-
1,122
31,206
1-Min Staffing
2,078
-
1,911
-
-
1,579
1,938
1,938
-
-
-
9,444
2-Training
689
947
775
1,981
904
86
-
1,454
323
4,569
789
12,518
3.0-Other
-
-
1,077
166
-
86
1,329
3.3-Meetings
1,012
-
-
-
-
1,012
4-Prevention
-
83
83
332
540
665
565
-
2,269
6-Billable
997
665
-
665
665
332
978
-
332
4,635
600 Emergency Management
2,118
6,913
1,190
7,737
2,751
4,965
4,592
30,266
1-MinStafng
1,526
-
-
4,571
2,180
4,465
4,592
17,334
2-Training
-
-
762
-
-
500
-
1,262
3.0-Other
-
6,913
428
3,166
571
-
11,079
3.3-Meetings
592
-
-
-
-
-
592
�otal
55,764
75,724
69,737
81,452
54,411
75,612
69,191
53,399
5 25,207
32,692
715,552
% of Total
Overtime
60.9 %
9.8 %
9.4%
1.9%
1.6%
7.6%
1.0%
7.8%
100.0%
Annual
Budget %Spent
789,838 90.6%
Annual
Budget %Spent
600,646 83.3%
145,504 105.8%
30,545 102.2%
13,143 230.3%
789,838 90.6%
Cr
N
Fire Department Overtime Detail
by Division
200 Suppression
As of December 31, 2019
Overtime Type
OLD Project#
IL ft
o.
January
February
March
Ap
July
August
September
October
November
December
YTDTOTAL
1-Min Staffing
110015
417
Fire Prevention Suppression OT
-
-
-
-
187
-
-
-
-
-
-
-
187
1-Min Staffing
110041
429
Shift Extension (Call)
132
108
1,944
108
127
31
-
132
49
132
129
138
3,030
1-Min Staffing
110044
435
Staffing - Minimum
27,521
22,120
37,117
50,837
24,720
33,187
48,930
26,319
33,566
36,192
10,864
12,395
363,768
Subtotal
27,653
22,229
39,061
50,946
25,034
33,218
48,930
26,451
33,615
36,324
10,993
12,533
366,985
2-Training
110011
436
Training
-
2,129
334
7,755
9,374
3,316
195
498
2,797
3,626
1,594
-
31,619
2-Training
110019
421
Instructor
4,426
-
1,896
-
2,271
5,389
975
1,408
529
-
497
17,392
2-Training
110049
437
Training Suppression OT
-
997
-
529
140
498
-
-
-
-
-
-
2,165
Subtotal
4,426
3,127
2,230
8,284
11,785
9,203
1,170
1,907
3,327
3,626
2,091
-
51,176
3.0-Other
110001
400
Aid Run
-
217
257
218
280
-
173
-
-
-
-
-
1,146
3.0-Other
110006
402
Call Back
475
-
-
-
-
-
475
3.0-Other
051
Home Budget In -House Labor
-
23,400
-
-
-
1,661
358
-
-
812
-
2,972
29,203
3.0-Other
110042
430
Shift Extension (Report)
195
-
107
263
187
200
420
43
190
-
68
23
1,696
3.0-Other
110054
427
Public Safety Bond
-
1,495
1,138
3,965
93
4,774
609
910
54
-
108
-
13,146
Subtotal
670
25,111
1,502
4,445
561
6,635
1,560
953
337
812
176
2,995
45,759
3.2-Equip Test/Maint
110021
425
Program/Equipment Support
54
569
1,062
54
-
-
-
-
87
-
126
433
2,385
3.2-Equip Test/Maint
110030
401
AirpakMaintenance/SCBA
1,364
452
996
1,515
490
1,787
-
1,838
643
2,051
-
48
11,185
Subtotal
1,418
1,021
2,058
1,569
490
1,787
-
1,838
730
2,051
126
482
13,570
3.3-Meetings
110007
410
Department Meeting
1,110
1,337
246
646
634
425
317
563
-
422
1,051
1,327
8,079
3.3-Meetings
110008
DMO-Officer Meeting
-
1,300
1,300
Subtotal
1,110
2,637
246
646
634
425
317
563
-
422
1,051
1,327
9,379
4-Prevention
110053
416
Fire Prevention OT
-
-
34
282
212
-
-
-
-
-
-
-
527
Subtotal
-
-
34
282
212
-
-
-
-
-
-
-
527
5-Emergency Response
110024
412
Explorers
156
-
-
125
405
716
-
-
-
187
-
167
1,755
5-Emergency Response
110043
428
Rescue Team Meeting/ Drill
93
-
-
280
993
-
-
62
1,191
-
2,504
-
5,124
Subtotal
249
-
-
405
1,397
716
-
62
1,191
187
2,504
167
6,879
6-Billable
110039
434
Starfire Events/Standby
851
881
2,633
332
195
939
-
-
-
-
-
-
5,832
Subtotal
851
881
2,633
332
195
939
-
-
-
-
-
-
5,832
47,764
66,909
40,308
52,923"
""
300 Prevention & Investigation
As of December 31, 2019
January
Fe
September
October
November
December YTD TOTAL
1-Min Staffing
110015
417
Fire Prevention Suppression OT
4,303
-
1,065
2,261
6,423
2,261
1,660
2,180
-
2,180
-
-
22,333
1-Min Staffing
110041
429
Shift Extension (Call)
-
-
-
-
-
-
-
162
-
-
-
-
162
1-Min Staffing
110044
435
Staffing - Minimum
1,495
-
2,261
-
-
4,085
2,078
3,876
3,896
2,167
-
-
19,857
Subtotal
5,798
3,326
2,261
6,423
6,346
3,737
6,218
3,896
4,347
42,352
2-Training
110011
436
Training
-
-
1,702
589
723
-
-
-
646
579
-
-
4,240
2-Training
110019
421
Instructor
1,036
-
-
-
-
1,036
Subtotal
-
-
2,738
589
723
-
-
-
646
579
-
-
5,276
3.0-Other
051
Home Budget In -House Labor
1,923
1,668
286
1,364
910
6,152
3.0-Other
110020
MISC-Other
-
801
-
801
3.0-Other
110054
427
Public Safety Bond
565
1,159
-
94
-
-
-
1,818
Subtotal
565
1,960
1,923
1,762
286
1,364
910
-
-
-
-
-
8,771
3.3-Meetings
110007
410
Department Meeting
-
170
-
344
-
-
-
-
-
-
-
-
514
Subtotal
-
170
-
344
-
-
-
-
-
-
-
-
514
4-Prevention
110013
414
Fire Investigation
1,021
754
596
-
-
170
792
162
485
1,191
574
436
6,180
4-Prevention
110053
416
Fire Prevention OT
3,095
4,231
2,201
3,559
2,835
1,601
4,547
3,361
6,004
4,278
4,485
5,495
45,692
Subtotal
4,117
4,984
2,796
3,559
2,835
1,771
5,339
3,523
6,489
5,469
5,059
5,930
51,872
6-Billable
110014
415
Contractor Billable OT
3,026
3,215
5,472
3,133
1,934
2,847
895
7,928
4,698
3,759
3,206
3,544
43,656
6-Billable
110039
434
Starfire Events/Standby
-
851
681
-
-
-
-
-
-
-
-
-
1,532
Subtotal
3,026
4,066
6,153
3,133
1,934
2,847
895
7,928
4,698
3,759
3,206
3,544
45,188
Total
1'Mr-11,180
12,202
17,668
15,729
410 Training
As of December 31, 2019
bruary
March
April
May
June
July
August
September
October
November
December YTDT_gM
1-Min Staffing
110015
417
Fire Prevention Suppression OT
2,078
-
-
-
-
-
-
-
-
-
-
-
2,078
1-Min Staffing
110044
435
Staffing - Minimum
-
-
1,911
-
-
1,579
1,938
1,938
-
-
-
-
7,366
Subtotal
2,078
-
1,911
-
-
1,579
1,938
1,938
-
-
-
-
2-Training
110011
436
Training
-
947
775
1,981
904
86
-
1,454
323
4,569
-
789
11,829
2-Training
110049
437
Training Suppression OT
689
-
-
-
-
-
-
-
-
-
-
-
689
Subtotal
689
947
775
1,981
904
86
-
1,454
323
4,569
-
789
12,518
051
Home Budget In -House Labor
-
-
-
-
-
-
-
-
-
-
-
3.0-Other
110054
427
Public Safety Bond
-
-
1,077
166
-
86
-
-
-
-
-
-
1,329
Subtotal
-
-
1,077
166
-
86
-
-
-
-
-
-
1,329
3.3-Meetings
110007
410
Department Meeting
-
1,012
-
-
-
-
-
-
-
-
-
-
1,012
Subtotal
-
1,012
-
-
-
-
-
-
-
-
-
-
1,012
4-Prevention
110013
414
Fire Investigation
-
-
-
-
166
42
623
-
-
-
-
-
831
4-Prevention
110053
416
Fire Prevention OT
-
-
83
83
166
499
42
565
-
-
-
-
1,438
Subtotal
-
-
83
83
332
540
665
565
-
-
-
-
2,269
6-Billable
110014
415
Contractor Billable OT
997
665
-
665
665
332
978
-
-
-
-
332
4,635
Subtotal
997
665
-
665
665
332
978
-
-
-
-
332
4,635
Total
3,764
2,624
3,846
2,89
1,122
31,206
600 Emergency Management
As of December 31, 2019
Project#f
1-Min Staffing
110044
2-Training
110011
3.0-Other
3.0-Other
110054
3.3-Meetings
110007
March April
May June
July August
September October
November December YTD TOTAL
435
Staffing - Minimum
1,526
- - -
- 4,571
2,180 -
- 4,465
- 4,592 17,334
Subtotal
1,526
- - -
- 4,571
2,180 -
- 4,465
- 4,592 17,334
436
Training
-
762
-
-
500
- 1,262
Subtotal
-
- 762 -
- -
- -
- Soo
- - 1,262
051
Home Budget In -House Labor
6,913 -
3,166
571
10,651
427
Public Safety Bond
-
- 428 -
- -
- -
- -
- - 428
Subtotal
6,913 428
3,166
571
11,079
410
Department Meeting
592
- - -
- -
- -
- -
- - 592
Subtotal
592
-
592
4,965
April 2020 Active Firefighters by D.
19
18
17
16
15
14
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April 2020 Active Firefighters by Day
Shift A
17
16
15
14
13
12
11
10
9
8
7
6
5
4
3
2
1
0
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■ Regular Hours ■ Minimum Staffing OT
April 2020 Active Firefighters by Day
Shift B
17
16
15
14
13
12
11
10
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■ Regular Hours ■ Minimum Staffing OT
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April 2020 Active Firefighters by Day
Shift C
19
18
17
16
15
14
13
12
11
10
9
8
—
7
6
5
4
3
2
1
0
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b\ b\ b\ b\ b\ b\ b\ b\ b\�' b\'�' b\�' b\'1' b\�' b\�' b\'�' b\�' b\�' b\�' b\'1' b\'1' b\'l' b\'1' b\'1' b\'1' b\'1' b\'l' b\'1' b\'1' b\'�
■ Regular Hours ■ Minimum Staffing OT
Fire Department Overtime (Salaries Only)
January
February
March
April
YTD TOTAL
% of Total
Overtime
% of Annual
Budget Spent
Annual
Budget
1-Min Staffing
Suppression - Shift A
9,953
3,053
3,411
-
16,417
16.4%
Suppression - Shift B
2,245
5,821
6,256
276
14,598
14.6%
Suppression - Shift C
3,722
7,565
7,884
141
19,313
19.3%
Total
15,921
16,439
17,550
417
50,327
50.2%
2- Training
Suppression - Shift A
885
261
-
-
1,146
1.1%
Suppression - Shift B
1,773
-
-
-
1,773
1.8%
Suppression - Shift C
2,353
176
-
-
2,529
2.5%
Training
-
890
2,537
2,055
5,482
5.5%
Total
5,012
1,326
2,537
2,055
10,930
10.9%
3.0- Other
Suppression - Shift A
-
389
3,141
27
3,557
3.5%
Suppression - Shift B
399
1,588
889
114
2,990
3.0%
Suppression - Shift C
-
622
1,812
61
2,495
2.5%
Emergency Management
-
-
31407
-
3,407
3.4%
Total
399
2,599
9,249
201
12,448
8.9%
3.2-Equip Test/Maint
Suppression - Shift A
408
833
-
-
1,242
1.2%
Total
408
833
-
-
1,242
1.2%
3.3-Meetings
Suppression - Shift A
1,261
-
158
172
1,591
1.6%
Suppression - Shift B
647
178
-
396
1,221
1.2%
Suppression - Shift C
2,336
79
-
-
2,416
2.4%
Training
528
-
-
528
0.5%
Emergency Management
303
-
-
-
303
0.3%
Total
5,075
258
158
568
6,059
6.0%
4-Prevention
Prevention and Investigation
3,960
4,373
1,123
857
10,313
10.3%
Total
3,960
4,373
1,123
857
10,313
10.3%
5-Emergency Response
Suppression -Shift C
248
-
-
-
248
0.2%
Total
248
-
-
-
248
0.2%
6-Billable
Suppression - Shift B
299
-
230
-
528
0.5%
Prevention and Investigation
2,024
1 1,557
3,504
-
1 7,085
7.1%
Training
1,078
1 -
-
-
1,078
1.1%
Total
3,401
1,557
3,734
-
8,692
8.7%
Grand Total
34,426
27,386
34,349
4,098
100,259
100%
18.8%
534,184
C31
a7
O
Fire Department Overtime
Year -to -Date as of April 30, 2020
Division #
200
300
410
600
Division
January
February
March
April
YTD TOTAL
Suppression
26,531
20,565
23,779
1,187
72,062
Prevention & Investigation
5,985
5,931
4,626
857
17,399
Training
1,607
890
2,537
2,055
7,089
Emergency Management
303
-
3,407
-
3,710
Division Total
34,426
27,386
34,349
4,098
100,260
Fire Department Overtime Detail by Division
200 - Suppression
Year -to -Date as of April 30, 2020
Overtime Type
Project #
Project
1-Min Staffing
429
Shift Extension (Call)
1-Min Staffing
297
Staffing - Minimum
Subtotal
2-Training
[268.271,421,4491
Instructor
2-Training
422
JATC
Subtotal
3.0-Other
430
Shift Extension (Report)
3.0-Other
427
Public Safety Bond
3.0-Other
530
COVID-19
Subtotal
3.2-Equip Test/Maint
401
Airpak Maintenance/SCBA
Subtotal
3.3-Meetings
405
City Meeting
3.3-Meetings
410
Department Meeting
3.3-Meetings
441
Special Committee Meeting
Subtotal
5-Emergency Response
412
Explorers
Subtotal
6-Billable
434
Starfire Events/Standby
Subtotal
Total
January
February
March
April
YTD TOTAL
361
295
139
333
1,128
15,560
16,144
17,411
84
49,199
15,921
16,439
17,550
417
50,327
2,660
176
-
-
2,836
230
-
230
5,012
436
-
-
5,448
-
165
129
167
461
399
2,162
889
34
3,484
-
-
4,609
-
4,609
399
2,S99
5,842
201
9,041
408
833
-
-
1,242
408
833
1,242
945
79
-
3,022
178
-
396
3,596
277
-
158
172
607
4,244
258
158
568
5,228
248
-
-
-
248
248
-
248
299
230
528
299
-
230
-
528
26,531
20,565
23,779
1,187
72,062
Remaining
Allocated
Annual Budget
% Spent
Budget
Budget
Variance
440,822
16.3%
368,760
146,941
(74,879)
65,143
26.7%
47,744
21,714
(4,315)
18,813
37.7%
11,724
6,271
818
9,406
39.4%
5,696
3,135
574
534,184
18.8%
433,925
178,061
(77,802)
200 - Suppression - SHIFT A
Year -to -Date as of April 30, 2020
Overtime Type
January
February
March
1-Min Staffing
429
Shift Extension (Call)
105
-
-
105
1-Min Staffing
297
Staffing - Minimum
9,849
3,053
3,411
16,312
Subtotal
9,953
3,053
3,411
16,417
2-Training
436
Training
433
261
-
694
2-Training [268.271,421,4491
Instructor
452
-
452
Subtotal
885
261
1,146
3.0-Other
400
Aid Run
-
272
272
3.0-Other
430
Shift Extension (Report)
117
-
27
143
3.0-Other
530
COVID-19
-
3,141
3,141
Subtotal
-
389
3,141
27
3,557
3.2-Equip Test/Maint
401
Airpak Maintenance/SCBA
408
833
-
1,242
Subtotal
408
833
1,242
3.3-Meetings
410
Department Meeting
1,261
-
-
-
1,261
3.3-Meetings
441
Special Committee Meeting
-
158
172
330
Subtotal
1,261
-
158
172
1,591
4,536
200 - Suppression - SHIFT B
Year -to -Date as of April 30, 2020
Overtime Type
January
February
March
1-Min Staffing
429
Shift Extension (Call)
-
254
-
276
530
1-Min Staffing
298
Staffing - Minimum
2,245
5,567
6,256
-
14,068
Subtotal
2,245
5,821
6,256
276
14,598
2-Training
436
Training
396
-
-
-
396
2-Training [268.271,421,448,4491
Instructor
1,147
1,147
2-Training
422
JATC
230
230
Subtotal
1,773
-
-
1,773
3.0-Other
430
Shift Extension (Report)
-
36
-
79
116
3.0-Other
427
Public Safety Bond
399
1,552
889
34
2,874
Subtotal
399
1,588
889
114
2,990
3.3-Meetings
405
City Meeting
429
-
-
-
429
3.3-Meetings
410
Department Meeting
217
178
396
792
Subtotal
647
178
-
396
1,221
6-Billable
434
Starfire Events/Standby
299
-
230
-
528
Subtotal
299
230
-
528
786
21,110
O�
N
200 - Suppression - SHIFT C
Year -to -Date as of April 30, 2020
Overtime Type
January
February
March
April
YTD TOTAL
1-Min Staffing
429
Shift Extension (Call)
256
41
139
57
494
1-Min Staffing
299
Staffing - Minimum
3,466
7,524
7,744
84
18,819
Subtotal
3,722
7,565
7,884
141
19,313
2-Training
436
Training
1,293
-
-
-
1,293
2-Training
[268.271,421,4491
Instructor
1,061
176
1,236
Subtotal
2,353
176
-
2,529
3.0-Other
400
Aid Run
-
-
215
215
3.0-Other
430
Shift Extension (Report)
12
129
61
203
3.0-Other
427
Public Safety Bond
610
-
610
3.0-Other
530
COVID-19
-
1,467
1,467
Subtotal
-
622
1,812
61
2,495
3.3-Meetings
405
City Meeting
515
79
-
595
3.3-Meetings
441
Special Committee Meeting
277
-
277
3.3-Meetings
410
Department Meeting
1,544
1,544
Subtotal
2,336
79
2,416
5-Emergency Response
412
Explorers
248
248
Subtotal
248
-
248
Total
696
203
27,000
Fire Department Overtime Detail by Division
300 -Prevention & Investigation
Year -to -Date as of April 30, 2020
Project
4-Prevention 414 Fire Investigation
4-Prevention 416 Fire Prevention OT
6-Billable
6-Billable
410 -Training
Year -to -Date as of April 30, 2020
2-Training
2-Training
3.3-Meetings
6-Billable
415 Contractor Billable OT
434 Starfire Events/Standby
Project
266 Training
421 Instructor
410 Department Meeting
434 Starfire Events/Standby
January
February
352
1,629
3,608
2,744
Subtotal 3,960
4,373
2,024
1,557
Subtotal 2,024
1,557
Total 5,984
5,931
January
February
-
890
Subtotal
-
890
528
-
Subtotal
528
-
1,078
-
Subtotal
1,078
-
Total
1,607
890
March
April
YTD TOTAL
1,123
857
3,960
-
-
6,352
1,123
857
10,313
3,063
-
6,645
440
-
440
3,504
-
7,085
4,626
857
17,398
March
April
YTD TOTAL
2,537
2,055
4,592
-
-
890
2,537
2,055
5,482
-
-
528
-
-
528
-
-
1,078
-
-
1,078
2,537
2,055
7,089
600- Emergency Management
Year -to -Date as of April 30, 2020
3.0-Other 530
3.3-Meetings 410
Project January February March April YTD TOTAL
COVID-19 - - 3,407 - 3,407
Subtotal - - 3,407 - 3,407
Department Meeting 303 - - - 303
Subtotal 303 - - - 303
Total 303 - 3,407 ,710
TO: Community Services and Safety Committee
FROM: Vicky Carlsen, Finance Director
Jay Wittwer, Fire Chief
David Cline, City Administrator
CC: Mayor Ekberg
DATE: May 6, 2020
SUBJECT: Update on 2020 Fire Department Budget Proviso
ISSUE
Update City Council on status of the 2020 Budget Proviso for the Fire Department that
was included in the 2019-2020 mid -biennium budget amendment as well as an update
on the Habile Consulting contract, the company that was hired in response to Budget
Proviso 1 d of the Tukwila City Council regarding the general fund appropriation to the Fire
Department
DISCUSSION
In 2019, the Finance Committee, as well as the full Council, spent several months
reviewing a number of operational aspects of the Fire Department. The review was
conducted because the fire department has exceeded their authorized budget every year
for the last several years. One of the outcomes of the review was to authorize a budget
amendment for 2019 to true up overtime costs, fund recruits in the academy, and provide
resources for leave balance payouts incurred when firefighters retired.
The City Council approved the budget amendment but included a Budget Proviso which
listed conditions to be met in 2020. The Proviso is attached to this memo.
Status Update on Proviso Conditions
Condition 1 a requires the "Fire Chief to deliver a 2019 annual report to the City Council
by the end of the first quarter." While delayed due to the city's COVID-19 response, the
e report was transmitted to the City Council on April 27, 2020 and will be presented to the
Community Services & Safety Committee on May 11, 2020.
The second condition (1 b) requires the "Fire Chief to deliver quarterly reports to the City
Council discussing new revenue implementation and budget status updates." Through
the end of March, the Fire Department is meeting budget, with 25% of budget spend. A
summary report is attached to this memo and a full 1st quarter report will be presented to
the Finance Committee in May.
165
INFORMATIONAL MEMO
Page 2
The third condition (1 c) requires "the Mayor and/or City Administrator to deliver a mid-
year report to the City Council regarding budget status to date and projection for year
end." This report is planned to be delivered in July or August after the 2nd Quarter closes.
The fourth condition (1d) states, "The City will hire a third -party consultant to review the
Fire Department budgetary and management practices."
In response to Item 1d, the City contracted with Habile Consulting to perform the review.
The contract was signed on December 23, 2019. Habile Consulting began work by
interviewing Councilmembers and various City staff. Interviews were completed in mid -
January. A meeting was scheduled for March 11, 2020, when the City expected to receive
an update on the progress of the review. However, the meeting was canceled by the
contractor and the City was notified that, due to a serious medical issue with a family
member, the meeting would need to be rescheduled. Since that date, the City has had no
response from the consultant even though multiple attempts to contact the consultant
have been made. Attempts included emails as well as phone calls. At this time, the City
has not paid Habile Consulting.
Options moving forward include the following:
1. Hire another consultant to perform the independent study as required by the
Budget Proviso.
2. Defer this item until the next biennium.
3. Other options Council may wish to consider.
The fifth condition (1e) requires the Fire Department to "implement revenue sources and
operational efficiencies while considering cost savings wherever appropriate."
The following chart shows revenue collected through the end of the March for Fire related
activities. Of note, is that False Alarm charges are being charged, the monthly Ambulance
Service fees are being received, and the department has collected funds from Haz Mat
Response Recovery (accidents).
GENERAL
Fire Tech Fee
EMS Participation Grant
Haz Mat Response Recovery
Emergency Services (EMS Levy)
Fire Inspections
Planning Review Fees - FMO
False Alarm Charges
Ambulance Services
Totals
JAN
FEB
MAR
YTD TOTAL
698
$ 802
$ 773
$ 2,273
-
-
1,260
1,260
4,485
3,064
2,800
10,349
2,000
2,000
2,000
6,000
15,595
7,207
7,095
29,897
14,747
12,780
12,157
39,684
400
150
200
750
2,000 2,000 2,000 6,000
$ 39,925 $ 28,002 $ 28,284 $ 96,212
In addition, the Fire Department has continually looked at operational savings throughout
its department and has implemented these where possible.
566
INFORMATIONAL MEMO
Page 3
RECOMMENDATION
Staff is seeking direction on the preferred option to meet the Proviso condition of Item 1d
regarding hiring a third -party consultant to review the Fire Department budgetary and
management practices.
ATTACHMENTS
Attachment 1: Budget Proviso of the Tukwila City Council 2019 — 2020 Mid -Biennium
Budget Amendment
Attachment 2: Fire Department Budget to Actual Report as of March 31, 2020
167
INFORMATIONAL MEMO
Page 4
Attachment 1
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 1 st 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 Councii may reconsider a
budget amendment following the mid -year report.
RM
INFORMATIONAL MEMO
Page 5
Attachment 2
FIRE
CITY OF TUKW I LA
GENERAL FUND EXPENDITURES
YTD AS OF MARCH 31, 2020
BUDGET
ACTUAL
VARIANCES
ACTUAL
EXPENDITURE TYPE
OVER/(UNDER)
% CHANGE
2020
ALLOCATED
%
2020 ANNUAL
ALLOCATED
2018
2019
2020
BDGT
B(PBNDED
2018/2019
2019/2020
11 Salaries
7,666,823
1,916,706
1,814,823
1,910,209
2,002,445
85,740
26%
5%
5%
12 Extra Labor
-
-
825
-
-
-
-
-
-
13 Overtime
534,648
170 822
121,036
207,665
106,435
(64,387)
20 %
72 %
(49) %
15 Holiday Pay
295,454
-
2,443
-
-
-
-
-
-
21 FICA
208,956
52,239
33,511
38,196
35,719
(16,520)
17%
14%
(6)%
22 Pension-LEOFF2
446,274
111,569
96,434
106,396
105,306
(6,262)
24%
10%
(1)%
23 Pens ion-PER SIPSERS
51,129
12,782
12,517
13,551
8,650
(4,132)
17%
8%
(36)%
24 Industrial Insurance
422,619
105,655
66,953
102,081
96,946
(8,709)
23 %
52 %
(5)%
25 Medical & Dental
1,548,497
387,124
364,164
376,823
420,224
33,100
27 %
3 %
12 %
Total Salaries & Benefits
11,174,400
2,756,897
2,512,706
2,764,921
2,776,726
18,830
25%
10%
1 %
31 Supplies
206,877
84,753
38,063
56,102
29,641
(55,112)
14 %
47 %
(47) %
35 Small Tools
87,268
2,132
3,307
276
26,898
24,766
31 %
(92) %
9643 %
41 Professional Services
302,945
18,442
74,446
54,160
70,932
52,490
23 %
(27) %
31 %
42 Communication
32,170
6,321
8,318
7,169
8,620
2,298
27%
(14)%
20%
43 Trawl
7,000
757
1,788
2,355
468
(290)
7 %
32 %
(80) %
45 Rentals and Leases
654,151
162,974
151,209
168,731
164,060
1,086
25 %
12 %
(3) %
46 Insurance
199,922
172,182
191,453
164,888
173,213
1,031
87%
(14)%
5%
47 Public Utilities
73,360
15,575
23,270
23,846
35,354
19,780
48 %
2 %
48 %
48 Repairs and Maintenance
36,921
8,218
11,418
11,876
16,121
7,903
44%
4%
36%
49 Miscellaneous
143,874
18,750
82,056
22,512
22,517
3,767
16 %
(73) %
0 %
64 Machinery & Equipment
200.000
-
-
-
-
-
-
-
-
Total Operating Expenses
1 1,944,488
490,1041
585,328
511,914
547,824
1 57,720
28%
(13)%
7%
Total Expense,
1 13,118,888
3,247,001
1 3,098,033
3,266,836
3,323,550
1 76,549
25%
5%
2 %
Percent of year completed 25 %
169
170
City of Tu kwi
City Council Finance Committee
Meeting Minutes
July27, 2020 - 5:30 p.m. - Electronic Meeting due to COVID-19 Emergency
Councilmembers Present: Verna Seal, Chair; Kathy Hougardy, Kate Kruller
Staff Present: Allan Ekberg, David Cline, Jay Wittwer, Sherry Wright, Vicky Carlsen, Laurel
Humphrey
Chair Seal called the meeting to order at 5:30 p.m.
I. BUSINESS AGENDA
A. Financial Policies Update
Staff updated the committee on a project to update and reorganize some of the City's financial
policies. Staff will return with associated legislation for committee consideration.
Committee Recommendation
Discussion only.
B. Fire Department 6 Month Financial Report
Staff provided the Committee a midyear update on the Fire Department's budget as required
by the proviso adopted in 2019.
Item(s) requiring follow-up
Clarify that the $8,015 in March overtime expenditures was related to the EOC operation.
Committee Recommendation
Discussion only.
C. Budget Process & Calendar
Staff updated the Committee on the budget process and calendar for the remainder of the
year.
Committee Recommendation
Discussion only.
II. MISCELLANEOUS
The meeting adjourned at 6:17 p.m.
Committee Chair Approval
Minutes by LH
171
172
UPCOMING MEETINGS AND EVENTS
AUGUST 2020
Due to COVID-19, meetings will be held electronically, with telephone access available (see agenda page).
AUG 10 MONDAY
AUG 11 TUESDAY
AUG 12 WEDNESDAY
AUG 13 THURSDAY
AUG 14 FRIDAY
AUG 15 SATURDAY
➢ Community Services &
➢ Park Commission and
➢ Community
Safety Committee
Art Commission Joint
Oriented Policing
5:30 PM
Meeting
Citizens Advisory
Due to staff furloughs
Electronic meeting
6:00 PM
Board
resulting from the
Electronic meeting
6:30 PM
financial impacts of
Electronic meeting
the coronavirus
➢ Finance
pandemic, the City
Committee
Hall campus will be
closed to the public on
l Electronic
Electroro nic meeting
Fridays through the
end of 2020. Staff will
work remotely on
➢ City Council
Hosted by Food Innovation
Friday mornings and
Committee of the
Network
will be furloughed
Whole Meeting
Friday afternoons.
7:00 PM
Wednesdays
Electronic meeting
(Jun 24 - Oct 14)
4:00 PM - 7:00 PM
3:00 PM - 4:00 PM
(Special hour reserved for 60+
and others most vulnerable
to COVID-19)
Tukwila Village Plaza
14350 Tukwila Intl Blvd
For more information, visit
foodinnovationnetwork.org/
markets
AUG 17 MONDAY
AUG 18 TUESDAY
AUG 19 WEDNESDAY
AUG 20 THURSDAY
AUG 21 FRIDAY
AUG 22 SATURDAY
➢ Transportation &
Infrastructure
Due to staff furloughs
Committee
resulting from the
5:30 PM
financial impacts of
Electronic meeting
the coronavirus
Hosted by Food Innovation
pandemic, the City
Recycling Collection Event
Network
Hall campus will be
No vehicles may enter after
➢ Planning & Economic
closed to the public on
3:00 PM. Household goads,
Development
Wednesdays
Fridays through the
clothing and styrofoam will not
Committee
(Jun 24-Oct 14)
end of 2020. Staff will
be accepted.
5:30 PM
4:00 PM - 7:00 PM
work remotely on
Electronic meeting
3:00 PM — 4:00 PM
Friday mornings and
9:00 AM - 3:00 PM
(Special hour reserved for 60+
will be furloughed
Community Center
➢ City Council
and others most vulnerable
Friday afternoons.
12424 42"d Ave S
Regular Meeting
to COVID-19 )
For more information, call
7:00 PM
Tukwila Village Plaza
206-938-8262 or visit
Electronic meeting
14350 Tukwila Intl Blvd
records.tukwilawa.gov/
WebLink/1 /edoc/331128/
For more information, visit
pagel.aspx.
foodi n novati on network.org/
markets
COVID-19 FINANCIAL RESOURCES FOR WORKERS AND BUSINESSES
The City of Tukwila has compiled a range of information being developed by various agencies and governments that may be helpful to community
members on the City website. Check back on this resource page frequently for updates as new information becomes available.
For more information, visit tukwilawa.gov/departments/administrative-services/covid-19-financial-resources-for-workers-and-businesses.
TEMPORARY TRAIL CLOSURE AND DETOUR ROUTE
The Green River Trail is closed between Tukwila International Boulevard and East Marginal Way. Closure is anticipated through November 301h.
For a map of the detour route, visit records.tukwilawa.gov/WebLinkll/edoc/331053.pagel.aspx.
FREE SUM M ER.1 TU KW I LA TUKWILA PARKS AND RECREATION'S PARK N' PLAY mobile recreation and summer
FAa. PacpaAxioi4 meals (youth ages 18 and under). Schedule shown below. For more information, visit
'a- PARK N' PLAY tukwilawa.gov/departments/parks-and-recreation/summer-2020/.
MEALS
1
AVAILABLE HERB Jul io-Aug 27 11:00AM-11:50AM 12:10PM-1:00PM
FOR CHILDREN AND TEENS Monday-Thuwday Community Center Crestview Park
Cascade View Community Park Foster Park
or SNACKPACK MOBILE serves Jun 22 -Aug 28 Monday -Friday Aug 3 -Aug 28 Monday -Friday
hot lunches to children from pre-
12:00 PM -1:00 PM 12:30 PM -1:00 PM
K-12.
To volunteer and help serve Hampton Heights Apartments Parking Lot Southgate Mobile Home Park
lunches, call 206-717-4709 or 5711 S 1521d St 14005 42"d Ave S
email at
TukSnackPack@gmall.com.
41111. Aug 3 - Aug 31 Cascade View Elementary - 1360132^d Ave S
Tukwila Monday - Friday Thorndyke Elementary - 4415 S 15041 St
A sonaar of 1-T 10:00 AM -12:00 PM Tukwila Elementary - 5939 S 149d' St
Q IMPACT PUBLIC SCHOOLS offer Jul 13 - Aug 17 Monday - Friday
IMPACT breakfast and lunch meals to any child from 8:00 AM -10:00 AM
Pu B:'C SCHOOLS 1-18 years old. 3438 S 148th Street
/ FREE COVID TESTING
No insurance necessary. If you have insurance, then the medical team can bill your insurance with no co -pay fee.
FREE FOOD DELIVERY TO HOUSEHOLDS AT HIGH -RISK FOR D-19
Tukwila Pantry is partnering with a food delivery service to deliver food to households through the end of June. This delivery comes at no
cost to you. If you live in Tukwila, Burien, SeaTac or Boulevard Park, and are at high -risk for COVID-19, a senior or have no ability to make
it to the Pantry for distribution. To sign up, visit tukwilapantry.org/delivery.
DRIVE THRU PICK-UP - 3118 S 140TH ST
Regular pantry hours are 10:00 AM- 2:30 PM (Tue, Thu and Sat). Tukwila Pantry is in need of shopping bags.
VOLUNTEERS - In need of volunteers Wednesday, Friday and Saturday mornings at 9 AM to prepare 500+ bags of food and clean up.
DONORS - Please donate at TukwilaPantry.org.
173
Tentative Agenda Schedule
MONTH
I MEETING
MEETING
MEETING
MEETING
REGU AR
C.O C.O.W.
REGU AR
C.O W.4
Aug
3
10
17
24
See this week's agenda
Consent Agenda
Special Presentation
packet cover sheet for the
An ordinance amending
Washington Cities Insurance
agenda:
Ordinance #2445, the
Authority Overview and City
Astound Broadband LLC
Council Dos and Don't's.
August 10, 2020
Franchise Agreement, to
Committee of the Whole
amend the franchise term
Public Hearing
Meeting
language and provide for a
Interim Flood Plain
one-year extension of the
Management Ordinance.
franchise team.
Authorize the Mayor to
Special Issues
sign Amendment #7 to
Interim Flood Plain
Contract #17-167 with
Management Ordinance.
SoundEarth Strategies Inc
_ COVID-19 weekly report.
for the Public Safety Plan
COVID-19 Financial
— Justice Center in the
Impact Report.
amount of $60,105.00.
An ordinance and
Resolution on Transportation
Unfinished Business
Concurrency.
COVID-19 weekly report.
An ordinance repealing
Ordinance #2038, as
codified as Chapter 16.52,
"Flood Plain
Special Meeting to follow the
Management;" reenacting
Committee of the Whole
TMC Chapter 16.52 to
Meeting.
provide for Interim Flood
Plain Management
regulations and policies as
required ofjurisdictions
participating in the
National Flood Insurance
program; establishing six
months as the effective
period for the interim
ordinance; adopting
findings; providing for
severability; declaring an
emergency and
establishing an effective
date.
Authorize the Mayor to
sign a contract with
NovaGlobal Inc for school
speed zone automated
safety cameras in the
amount of $96,000 -
$137,000 annually,
depending on volume,
with no upfront costs to
the City (the program is
self-sustaining).
I MONTH
MEETING 1 —
MEETING 2 —
MEETING 3 —
MEETING 4 —
REGULAR
C.O.W.
REGULAR
C.O.W.
Sep
7
14
21
28
* t
Special Presentation
Unfinished Business
Special Issues
H PPY
An update on South
COVID-19 weekly report.
COVID-19 weekly report.
Correctional Entity (SCORE).
COVID-19 Financial
L B
Impact Report.
&
Special Issues
An update on the City's
iA00
COVID-19 weekly report.
Permit Process.
No Council or Council
COVID-19 Financial Impact
Committee Meetings
Report.
Special Meeting to follow the
Committee of the Whole
Meeting.
Consent Agenda
A resolution for the RCO grant.
Unfinished Business
An ordinance and resolution on
Transportation Concurrency.
IL7