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HomeMy WebLinkAboutReg 2021-11-15 COMPLETE AGENDA PACKETJ�' 1 ,, J d. ,x so$ Tukwila City Council Agenda . REGULAR MEETING •.• 0„ 2 Allan Ekberg, Mayor Councilmembers: •:• Verna Seal •:• Kathy Hougardy David Cline, CityAdministrator •:• De'Sean Quinn •:• Thomas McLeod Kate Kruller, Council President •:• Zak Idan •:• Cynthia Delostrinos Johnson THE MEETING 20-28 ADOPTED ANY PUBLIC RCW 42.30 FOR THE PUBLIC Monday, November WILL NOT BE CONDUCTED AT TUKWILA CITY HALL, BASED ON THE GOVERNOR'S PROCLAMATION 2020 WHICH SAYS IN PART: TO RCW 42.30, IS PROHIBITED FROM CONDUCTING ANY MEETING, SUBJECT TO MARCH 24, AGENCY, SUBJECT UNLESS (A) THE MEETING IS NOT CONDUCTED IN-PERSON AND INSTEAD PROVIDES AN OPTIONS) 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#. ori o�,o�f,,�Teams Click here to: �,� :: iu ism Mier �: i� ;� �,b ,� OL �ea m s II'V¶i ee'OL iu ism For Technical Support during the meeting call: 1-206-433-7155. 15, 2021; 7:00 PM • Ord #2662 • Res #2033 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE / ROLL CALL 2. LAND ACKNOWLEDGEMENT The City of Tukwila is located on the ancestral lands of the Coast Salish people. We acknowledge their continuing connections to land, waters and culture. We pay our respects to their elders past, present and emerging. 3. PUBLIC COMMENTS— including comment on items both on and not on the meeting agenda * 2021 update * Those wishing to provide public comments now have the opportunity to verbally address the City Council via phone or Microsoft Teams up to 5 minutes for items both on and not on the meeting agenda. take advantage of this option, please email citycouncil@tukwilawa.gov with for To your meeting. to name and the topic you wish to speak on by 5:00 PM on the date of the meeting. Please clearly indicate that your message is for public comment during the You will receive further instructions and be called upon during the meeting address the City Council. 4. CONSENT AGENDA a. Approval of Minutes: 11/1/21 (Regular Mtg.) b. Approval of Vouchers c. Authorize the Mayor to sign an Interlocal Agreement with the City of SeaTac for building and electrical inspection services. [Reviewed and forwarded to Consent by the Planning and Community Development Committee on 11/1/21.] d. Human Services lease agreements: [Reviewed and forwarded to Consent by the Community Services and Safety Committee on 11/1/21.1 (1) Authorize the Mayor to sign a lease agreement for homelessness intervention/prevention with the Way Back Inn Foundation for Kennedy's Cottage (15421 42nd Avenue South, Tukwila). (2) Authorize the Mayor to sign a lease agreement for homelessness intervention/prevention with the Way Back Inn Foundation for Hartnett Manor (14688 Macadam Road South, Tukwila). (3) Authorize the Mayor to sign a lease agreement for homelessness intervention/prevention with the Way Back Inn Foundation for Gregor House (14239 42nd Avenue South, Tukwila). (continued...) Pg.1 Pg.11 Pg.15 Pg.23 Pg.31 REGULAR MEETING November 15, 2021 Page 2 4. CONSENT AGENDA (cont.) e. Authorize the Mayor to sign a contract with Pacifica Law Group for Bond Counsel services, in an amount not to exceed $150,000.00. [Reviewed and forwarded to Consent by the Finance and Governance Committee on 11/8/21.] f. Authorize the Mayor to sign a contract with Environmental Systems Research Institute, Inc. (ESRI), for GIS services, in the amount of $63,407.00. [Reviewed and forwarded to Consent by the Finance and Governance Committee on 11/8/21.1 g. Authorize traffic safety equipment purchases for the Neighborhood Traffic Calming Program through American Rescue Plan Act (ARPA) funds, in the amount of $90,803.47. [Reviewed and forwarded to Consent by the Transportation and Infrastructure services Committee on 11/8/21.1 Pg.41 Pg.53 Pg.67 5. UNFINISHED BUSINESS a. Weekly COVID-19 report. b. Tax levy legislation: (1) An ordinance levying the general taxes for the City of Tukwila in King County for the fiscal year commencing January 1, 2022, on all property, both real and personal, in said city, that is subject to taxation for the purpose of paying sufficient revenue to carry on the services of the several departments of said city for the ensuing year, with an excess property tax levy for the purpose of paying debt service on the City's Unlimited Tax General Obligation Bonds issued in 2016 and 2019, as required by law. (2) An ordinance decreasing the City of Tukwila regular levy from the previous year, commencing January 1, 2022, on all property, both real and personal, in compliance with RCW 84.55.120. c. An ordinance amending Ordinance No. 2641, which adopted the City of Tukwila's biennial budget for the 2021-2022 biennium. Pg.83 Pg.113 Pg.115 Pg.119 Pg.121 6. NEW BUSINESS Authorize the Mayor to sign a grant agreement with King County for flood reduction grant funds for the Gilliam Creek Fish Barrier Removal Project, in the amount of $300,000.00 (funds coming to the City). Pg.129 7. REPORTS a. Mayor b. City Council c. Staff — City Administrator Report Pg.141 8. MISCELLANEOUS 9. EXECUTIVE SESSION Potential Litigation — Pursuant to RCW 42.30.110(1)(i). (30 minutes) NO action will follow in the open meeting. 10. ADJOURNMENT This agenda is available at www.tukwilawa.gov, and in alternate formats with advance notice for those with disabilities. Remote Tukwila Council meetings are audio taped (and video taped as of 9/14/20). Available at www.tukwilawa.gov) WELCOME TO THE TUKWILA CITY COUNCIL MEETING The Tukwila City Council encourages community participation in the local government process and welcomes attendance and public comment at its meetings. MEETING SCHEDULE Regular Meetings are held at 7:00 p.m. on the 1st and 3rd Mondays of each month. The City Council takes formal action in the form of motions, resolutions and ordinances at Regular Meetings. Committee of the Whole Meetings are held at 7:00 p.m. on the 2nd and 4th Mondays of each month. The City Council considers current issues, discusses policy matters in detail, and coordinates the work of the Council at Committee of the Whole meetings. PUBLIC COMMENTS Members of the public are given the opportunity to address the Council for up to 5 minutes on items both on and not on the meeting agenda during Public Comments. The City Council will also accept comments on an agenda item when the item is presented in the agenda, but speakers are limited to commenting once per item each meeting. When recognized by the Presiding Officer, please go to the podium if on-site or turn on your microphone if attending virtually and state your name clearly for the record. The City Council appreciates hearing from you but may not respond or answer questions during the meeting. Members of the City Council or City staff may follow up with you following the meeting. PUBLIC HEARINGS Public Hearings are required by law before the Council can take action on matters affecting the public interest such as land -use laws, annexations, rezone requests, public safety issues, etc. The City Council Rules of Procedure provide the following guidelines for Public Hearings: 1. City staff will provide a report summarizing and providing context to the issue at hand. 2. The proponent shall speak first and is allowed 15 minutes to make a presentation. 3. The opponent is then allowed 15 minutes to make a presentation. 4. Each side is then allowed 5 minutes for rebuttal. 5. After the proponents and opponents have used their speaking time, the Council may ask further clarifying questions of the speakers. 6. Members of the public who wish to address the Council on the hearing topic may speak for 5 minutes each. 7. Speakers are asked to sign in on forms provided by the City Clerk. 8. The Council may ask clarifying questions of speakers and the speakers may respond. 9. Speakers should address their comments to the City Council. 10. If a large number of people wish to speak to the issue, the Council may limit the total amount of comment time dedicated to the Public Hearing. 11. Once the Presiding Officer closes the public hearing, no further comments will be accepted, and the issue is open for Councilmember discussion. 12. Any hearing being held or ordered to be held by the City Council may be continued in the manner as set forth by RCW 42.30.100. For more information about the City Council, including its complete Rules of Procedure, please visit: htt,ps//w,t..wilawa.,g©v/departirm.rats/c ty-courfcili COUNCIL AGENDA SYNOPSIS .Q,� Initials ITEM No. 4S1'' 444 Meeting Date Prepared by Mayor's review Council review) D 11/15/21 JH 0 4.C. 1908 ITEM INFORMATION STAFF SPONSOR: JERRY HIGHT ORIGINAL AGENDA DATE: 11/21 AGENDA ITEM TITLE Interlocal Agreement for Inspections Services Between the City of SeaTac and the City of Tukwila CATEGORY ❑ Discussion Mtg Date 0 Motion Mtg Date 11/15 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Publ& Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs I1 DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PIV SPONSOR'S Council is being ask to approve an Interlocal Agreement for Inspections Services Between SUMMARY the City of SeaTac and the City of Tukwila. This agreement will enhance the ability to provide staff with needed vacation time and sick leave. This agreement will also support the City's goal of maintaining our 24-hour inspection turnaround times. REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ DATE: 11/1/21 COMMITTEE CHAIR: HOUGARDY Planning & Community Dev. Planning Comm. RECOMMENDATIONS: SPONSOR/ADMIN. Department of Community Development CoiiI1"IEE Unanimous Approval; Forward to Regular Meeting Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/15/21 MTG. DATE ATTACHMENTS 11/15/21 Informational Memorandum dated 11/1/21 Interlocal Agreement for Inspections Services Minutes from the Planning and Community Development Committee meeting of 11/1/21 2 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Planning & Community Development Committee FROM: Nora Gierloff, Director of Community Development BY: Jerry Hight, Building Official CC: Mayor Ekberg DATE: November 1, 2021 SUBJECT: Interlocal Agreement for Inspection Services Between the City of SeaTac and the City of Tukwila ISSUE Should the City enter into an Interlocal Agreement with the City of SeaTac to provide each other backup building and electrical inspection coverage? BACKGROUND In the past we have contracted with BHC Consultants to provide building and electrical inspection coverage during staff vacations or sick leave. However, when BHC Consultants are busy they may not always be able to provide next day inspection coverage. DISCUSSION The City has several building inspectors but only a single electrical inspector. An Interlocal Agreement for Inspection Services with the City of SeaTac would provide another source of dependable coverage to maintain our commitment to 24-hour inspection turnaround time. SeaTac staff is bringing this agreement to their Council for approval in November. Both Councils will need to give approval before the Interlocal can go into effect. FINANCIAL IMPACT Both Parties will document the number of hours spent on inspections requested and performed by each City. At the end of each quarter, the number of hours of inspections performed shall be totaled. If the balance is deficient, the balance is to be paid to the deficient City on an hourly basis ($80.00 per hour flat rate in 2021 and subject to adjustment per the mutual agreement of the Parties by written amendment). This could be considerably less expensive than using a consultant as many of the hours may cancel out and any additional coverage hours used by Tukwila would be paid at a lower hourly rate. RECOM MENDATION Staff recommends this Interlocal Agreement be placed on the Consent Agenda at the November 15, 2021 Council meeting for approval. ATTACH MENTS Interlocal Agreement for Inspection Services Between the City of SeaTac and the City of Tukwila 3 4 INTERLOCAL AGREEMENT FOR INSPECTION SERVICES Between the City of SeaTac and the City of Tukwila This Interlocal Agreement ("Agreement") is entered into pursuant to Chapter 39.34 RCW between the City of Tukwila, Washington (hereafter referred to as the "City of Tukwila") and the City of SeaTac, Washington (hereafter referred to as the "City of SeaTac") (collectively referred to as "the Parties") to describe the terms and conditions under which the City of SeaTac will provide inspection services on behalf of the City of Tukwila, and the City of Tukwila will in turn provide inspection services on behalf of the City of SeaTac. WHEREAS, the City of Tukwila and the City of SeaTac employ electrical inspectors qualified pursuant to RCW 19.28.010 (3) who perform electrical inspections and customer service related to electrical installations; and WHEREAS, the City of Tukwila and the City of SeaTac employ certified inspectors pursuant to Chapter 19.27 RCW who perform mechanical, plumbing and building inspections; and WHEREAS, the City of Tukwila and the City of SeaTac desire to obtain the aforesaid mutual coverage to insure electrical and building inspection services; and WHEREAS, the City of Tukwila and the City of SeaTac are willing to provide such mutual services pursuant to this Agreement on an hour -to -hour exchange or the hourly pay rate of the Inspector; and WHEREAS, Inspectors from the City of SeaTac and the City of Tukwila will provide the services of its Inspectors who will remain employees of the City of SeaTac the City of Tukwila, respectively, for all purposes; and WHEREAS, the City Council deems it appropriate and in the interest of public health and safety to enter into this Interlocal Agreement to provide reciprocal inspection services in certain situations; NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED HEREIN, the Parties agree as follows: 1. Administration. It is recognized that this Agreement has been formulated to provide broad outlines of responsibilities, and it is anticipated that the details of the relationship formed by this Agreement will be arrived at through written understandings between the Building Officials of the respective cities. Building Officials will strive to provide written notice two (2) weeks in advance of any request for inspection coverage to the other party. In the case of an unplanned absence, the Building Official will request coverage as soon as the need is known and the other jurisdiction will respond as soon as possible as to whether the request can be accommodated. In the event such Officials are unable to agree on any provision relative to the administration of this Agreement, any such dispute shall be resolved at a meeting of the Director of the {KZS2488327.DOCX; 1/13175.000001/ 1 Page 1 of 3 5 Department of Community & Economic Development for the City of SeaTac and the Director of the Department of Community Development for the City of Tukwila. 2. Responsibilities. The Building and Electrical Inspectors of the City of SeaTac and the City of Tukwila will coordinate to provide inspections on an "as needed" and as available basis. The purpose of such coordination will be to provide inspections in a timely and efficient manner. 3. Appeals. In the event of an appeal of any administrative decision of the Building Officials, such appeals related to sites within Tukwila will be heard by the City of Tukwila's Hearing Examiner in accordance with Chapter 18.116 of the Tukwila Municipal Code, and appeals related to sites within SeaTac will be heard by the City of SeaTac's Hearing Examiner in accordance with Chapter 16A.17 of the SeaTac Municipal Code. 4. Indemnification . Both Parties, the City of SeaTac and the City of Tukwila, hereby release and agree to indemnify and hold harmless the other municipal corporation, its successors and assigns and the officers, employees and agents of each ("Indemnities"), from and against any and all claims of third parties and losses, harm, cost, liabilities, damages and expenses (including, but not limited to, reasonable attorneys' fees) arising from willful or negligent acts or omissions of either City including, but not limited to acts which abrogate the public duty doctrine; PROVIDED, however, that neither City shall be required to indemnify against liability for damages caused by or resulting from the sole negligence of the Indemnities of either City; PROVIDED FURTHER that if such damages are caused by or result from the concurrent negligence of Indemnities for both Cities or their officers, employees, or agents, then each City's Indemnity hereunder shall be limited to the extent of the negligence of each City. 5. Insurance. Both Parties are members of the Washington Cities Insurance Authority and are required to carry insurance that names each City and its officers and employees as primary non- contributory additional insureds, with policy limits in the following amounts: Commercial General Liability $1,0000,000 Automobile Liability $2,000,000 per occurrence Worker's Compensation Employees of Contractors and Subcontractors are to be insured under Washington State Industrial Insurance. The above policy limits may be obtained through the use of excess liability (umbrella) insurance. Each City shall obtain a certificate of insurance that complies with the requirements above, which must be approved by each City's Risk Management department. 6. Fiscal Responsibilities. Both Parties will document the number of hours spent on inspections requested and performed by each City. At the end of each quarter, the number of hours of inspections performed shall be totaled. If the balance is deficient, the balance is to be paid to the deficient City on an hourly basis ($80.00 per hour flat rate in 2021 and subject to adjustment per the mutual agreement of the Parties by written amendment). 7. Termination. This agreement shall be ongoing. However, either party may terminate this Agreement upon written notice to the other City with not less than thirty (30) days' notice prior to the intended date of termination, unless some shorter time period is deemed acceptable by both {KZS2488327.DOCX; 1/13175.000001/ 1 6 Page 2 of 3 cities. Notice shall be provided by either the City of SeaTac's Community and Economic Director or designee or by the City of Tukwila's Director of Community Development or designee. 8. Amendment or Modification. This Agreement may be amended or modified only by a subsequent written document executed by the City of Tukwila and the City of SeaTac upon approval by the department directors of each City. CITY OF TUKWILA, WASHINGTON CITY OF SEATAC, WASHINGTON Name: Allan Ekberg Title: Mayor Date: ATTEST/AUTHENTICATED: Name: Christy O'Flaherty Title: City Clerk APPROVED AS TO FORM: Name: Kari Sand Title: City Attorney {KZS2488327.DOCX; 1/13175.000001/ 1 Name: Evan Maxim Title: Director, Department of Community & Economic Development Date: ATTEST/AUTHENTICATED: Name: Kristina Greuu Title: City Clerk APPROVED AS TO FORM: Name: Cindy Corsilles Title: Assistant City Attorney Page 3 of 3 7 8 City of Tukwila City Council Planning & Community Development Committee Meeting Minutes November 1, 2021 - 5:30 p.m. - Electronic Meeting due to COVID-19 Emergency Councilmembers Present: Kathy Hougardy, Chair; Verna Seal, Thomas McLeod Staff Present: I. BUSINESS AGENDA David Cline, Jerry Hight, Derek Speck, Nora Gierloff, Brandon Miles A. Interlocal Agreement: Building & Electrical Inspection Services Staff is seeking Council approval of an Interlocal Agreement with the City of SeaTac for mutual *backup building and electrical inspection coverage. The exchange will be an hour-to=hour direct trade with any remaining hours in deficit paid at $80/hour. Committee Recommendation Unanimous approval. Forward to November 15, 2021 Regular Consent Agenda. B. Multifamily Property Tax Exemption Program Staff briefed the Committee on potentially updating the Multifamily Property Tax Exemption Program in three stages, beginning with the Southcenter District in December 2021, Tukwila International Boulevard in Q1 2022, and a comprehensive citywide review when the first two stages are complete. Item(s) for follow-up: • Provide further detail/explanation on tax implications of MFTE programs • Add Tukwila Valley South as a new Step 3 Committee Recommendation Discussion only. Return to Committee. II. MISCELLANEOUS The eeting adjourned at 6:26 p.m. Committee Chair Approval 9 10 COUNCIL AGENDA SYNOPSIS Initials 0140,0 ITEM No. 440010 Meeting Date Prepared h Mayor's review Council review O [ pliIlk( 1111111101' Or4.D. 11/15/21 SH 90 ITEM INFORMATION STAFF SPONSOR: STACY HANSEN ORIGINAL AGENDA DATE: 11/15/21 AGENDA ITEM TITLE WAY BACK INN PROPERTY LEASE RENEWAL CATEGORY a Mtg Discussion Date 11/15/21 0 Motion Mtg Date ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑ Council ❑ Mayor 11 Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PI SPONSOR'S Kennedy's Cottage, Harnet Manor, and Gregor House are three City -owned houses that are SUMLMARY leased to non-profit Way Back Inn. The City has traditionally signed a 5 -year lease with WBI on these properties to provide temporary housing to Tukwila families who are unhoused. If approved, the lease will be effective from 12/1/21 to 11/30/26. REVIEWED BY ❑ Trans&Infrastructure Svcs 11 ❑ LTAC ❑ DATE: 11/1/21 Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: DELOSTRINOS JOHNSON RECOMMENDATIONS: SPoNsoR/ADJAEN. Administrative Services/Human Services COM JI1 IEE Forward to Regular Council consent agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 11/15/21 Informational memo dated 10/25/21 Kennedy's Cottage lease Hartnett Manor lease Gregor House lease Minutes from the Community Services and Safety Committee meeting of 11/1/21 11 12 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Community Services and Safety Committee FROM: Stacy Hansen, Human Services Program Coordinator CC: Mayor Ekberg DATE: October 25, 2021 SUBJECT: Way Back Inn Property Lease renewal ISSUE Kennedy's Cottage and Gregory House property leases have expired. The Hartnett Manor lease expires 11/30/21. Upon approval by City Council, all three leases will have the continuity of the same start (12/1/21) and end dates (11/30/26). BACKGROUND All three City owned homes are on undevelopable land. The non-profit, Way Back Inn, provides 90+ days of temporary shelter/transitional housing to unhoused Tukwila families. Upon reviewing the upcoming renewal of the Hartnett Manor property lease, it was discovered that through a series of unique events that the Kennedy's Cottage and Gregor House leases were not renewed in November 2018 as was customary. DISCUSSION Staff is asking Council to extend the lease on all three houses (Kennedy's Cottage, Gregory House, and Hartnett Manor) for another 5 -year lease agreement with the Way Back Inn. With this partnership, WBI volunteers clean and maintain the homes, case management staff provide weekly supportive case management meetings with resident families. In 2021, our partnership with WBI provided 2,664 bed nights to 61 individuals who were experiencing homelessness. FINANCIAL IMPACT There is no financial impact. RECOMMENDATION The Council is being asked to approve the lease agreements and consider forwarding this item to the November 15, 2021, Regular Council meeting consent agenda. ATTACHMENTS Kennedy's Cottage lease agreement Harnett Manor lease agreement Gregor House lease agreement 13 14 RESIDENTIAL LEASE AGREEMENT KENNEDY'S COTTAGE This lease is made effective December 1, 2021, between the City of Tukwila, a city, as "Lessor," and Way Back Inn Foundation, a Washington non-profit corporation, as "Lessee" (collectively, the "Parties"). WHEREAS, homelessness continues to be an issue for residents of the City of Tukwila and the greater community at large; and WHEREAS, Lessor, a Washington municipal corporation, has determined that the provision of transitional housing to homeless and impoverished members of the community serves a fundamental governmental purpose as it protects the public health, safety, and welfare; and WHEREAS, Lessee is a Washington non-profit corporation that provides temporary and transitional housing to the homeless; Now, therefore, the Parties agree as follows: 1. PREMISES: Lessor shall lease to Lessee the Residence currently situated at 15421 42nd Avenue South, Tukwila, Washington ("Premises"). 2. TERM: The term of this lease shall be for five years, commencing on December 1, 2021 and shall terminate on November 30, 2026, unless sooner terminated as a result of Lessee's default hereunder in accordance with the termination provisions set forth in paragraph 19. The Lessor reserves the right to terminate the lease at its convenience prior to the completion of the five-year term at any time for any reason with 90 days' prior written notice. 3. POSSESSION: Lessee shall be deemed to have accepted possession of the leased premises in an "as -is" condition. Lessor has made no representations to Lessee respecting the condition of the lease premises. 4. CONSIDERATION: In consideration of Lessee providing housing to homeless members of the Tukwila community, Lessee may occupy the leased premises rent free for the duration of this Lease; provided, Lessee shall make any and all necessary improvements to the Premises, including the Residence located thereon, at Lessee's sole expense. Such improvements shall not be commenced without the express written consent of Lessor and shall be subject to final inspection and the approval of the Lessor. Further, Lessee shall pay all costs associated with or arising out of the maintenance and operation of the leased Premises as set forth herein. 5. USE: Lessee shall use the leased premises to provide free, temporary single-family dwellings for homeless families with children whose income falls below 50% of King County median income and all current uses incidental thereto, and for no other purpose without first obtaining Lessor's prior written consent. Lessee shall {KZS2490756.DOC;1/13175.000001/ } Page 1 of 7 15 screen all housing applicants to ensure that applicants meet the income qualifications set forth herein. Lessee shall provide Lessor with an annual report each year reflecting data regarding the populations served by Lessee at the Premises. 6. LESSEE MAINTENANCE AND REPAIR RESPONSILIBITY: Lessee shall, when and if needed, at Lessee's sole expense, make any and all necessary repairs to the Premises and every part thereof. Lessee shall maintain the Premises in a neat, clean, and sanitary condition. Lessee shall surrender the leased Premises to Lessor in good condition upon the termination of this lease, reasonable wear and tear expected. 7. UTILITIES: Lessee shall pay prior to delinquency for all heat, light, water and other utility services supplied to the Premises. 8. ALTERATIONS AND ADDITIONS BY LESSEE: After obtaining the prior consent of Lessor, Lessee may make, at its sole expense, such additional improvements or alterations to the leased premises, which it may deem necessary or desirable. Any repairs or new construction by Lessee shall be done in conformity with plans and specifications approved by Lessor. All work performed shall be done in a workmanlike manner and shall become the property of the Lessor. 9. LIENS: Lessee shall keep the leased premises free from any liens arising out of any work performed, materials furnished, or obligations incurred by Lessee. 10. INSURANCE: Lessee shall procure and maintain for the duration of this Lease, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the Lessee's operation and use of the leased Premises. Lessee's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Lessee to the coverage provided by such insurance, or otherwise limit the Lessor's recourse to any remedy available at law or in equity. Lessee shall maintain Commercial General Liability insurance written 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 Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover premises and contractual liability. The Lessor shall be named as additional an insured on Lessee's Commercial General Liability insurance policy using ISO Additional Insured -Managers or Lessors of Premises Form CG 20 11 or a substitute endorsement providing at least as broad coverage. Lessee shall also maintain property insurance, which shall be written covering the full value of Lessee's property and improvements with no coinsurance provisions. Property insurance shall be written on an all risk basis. The Lessee's Commercial General Liability insurance policy or policies are to contain, or be endorsed to contain that they shall be primary insurance as respect the Lessor. Any Insurance, self-insurance, or self- insured pool coverage maintained by the Lessor shall be excess of the Lessee's insurance and shall not contribute with it. Insurance is to be placed with insurers {KZS2490756.DOC;1/13175.000001/ } Page 2 of 7 16 with a current A.M. Best rating of not less than A: VII. Lessee shall furnish the Lessor 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 Lessee. Lessee and Lessor hereby release and discharge each other from all claims, losses and liabilities arising from or caused by any hazard covered by property insurance on or in connection with the premises or said building. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. The Lessee shall provide the Lessor with written notice of any policy cancellation within two business days of their receipt of such notice. Failure on the part of the Lessee to maintain the insurance as required shall constitute a material breach of lease, upon which the Lessor may, after giving five business days' notice to the Lessee to correct the breach, terminate the Lease 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 Lessor on demand. If the Lessee maintains higher insurance limits than the minimums shown above, the Lessor shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Lessee, irrespective of whether such limits maintained by the Lessee are greater than those required by this contract or whether any certificate of insurance furnished to the Lessor evidences limits of liability lower than those maintained by the Lessee. During the term of this Lease, the Lessor shall maintain all-risk property insurance covering the Residence located on the Premises for its full replacement value. Lessee expressly agrees that should damage arise to the Premises or Residence that is covered by Lessor's insurance but not Lessee's, Lessee shall reimburse Lessor for the cost of Lessor's deductible. Such reimbursement shall be made within thirty days of Lessor's written request for reimbursement. 11. INDEMNIFICATION: Lessee shall bear the sole risk for all personal property on the Premises. Lessor, its officials, employees and agents shall not be liable for any injury to or death of any person, or damage to property, sustained or alleged to have been sustained by Lessee, invitees or others as a result of any condition (including future conditions) in, on or about the Premises, or the improvements comprising any portion of the Premises; or as a result of the Premises becoming out of repair, or caused by fire or by the bursting or leaking of water, gas, sewer or steam pipes, or due to or the result of mold, fungus, water intrusion, asbestos, lead or other toxic materials or chemicals, or due to or the result of any accident from whatsoever cause in and about the Premises. Lessee agrees to indemnify, defend and hold Lessor, and its officials, staff, employees and agents, harmless from any and all claims, liabilities, losses, damages, actions, costs and expenses of any kind (including reasonable attorneys' fees) arising out of or related to Lessee's use of the Premises or the operation and/or conduct of its business or any activity or thing occurring on or about the Premises, and for property damage or bodily injury (including death) suffered on or about the Premises by any person, firm or corporation, except to the extent such loss or damage resulting from the gross {KZS2490756.DOC;1/13175.000001/ } Page 3 of 7 17 negligence of the Lessor or a breach of the terms of this Lease. The terms of this Section 11 shall survive any expiration or termination of this Lease. The indemnification obligations contained in this Section 11 shall not be limited by any worker's compensation benefits or disability laws, and Lessee hereby waives any immunity that it may have under the Industrial Insurance Act, Title 51 RCW and similar worker's compensation benefits or disability laws. Lessee agrees that they have read the above provision and that any questions they had concerning it were fully explained to their satisfaction by Lessee's attorney or agent. Lessee understands that they will be the party held financially responsible under all conditions and not the City of Tukwila or its officials, employees, or agents. 12. ASSIGNMENT AND SUBLETTING: Lessee shall not assign this lease or any part thereof, either by operation of law or otherwise, without first obtaining the prior written consent of Lessor. 13. DEFAULT: Failure by Lessee to observe or perform any of the covenants, conditions, or provisions of this lease, where such failure shall continue for a period of ten days after written notice from Lessor to cure the default, shall constitute a default and breach of the lease by the Lessor. Lessee shall notify Lessor promptly of any default not by its nature necessarily known to Lessor. 14. ACCESS: Lessee shall permit Lessor to enter the leased premises at reasonable times for the purpose of inspecting the leased premises and ascertaining compliance with the provisions hereof by Lessee, but nothing herein shall be construed as imposing any obligation on Lessor to perform any such work or duties. Lessor reserves the right to property inspection and testing for the Lessor's future development purposes. Lessor will give Lessee at least 48 hours' notice in the event of access needed for property testing. 15. COMPLIANCE WITH LAWS, RULES AND REGULATIONS: Lessee shall, at its sole cost and expense, promptly comply with all laws, statutes, ordinances, and governmental rules, regulations or requirements now in force or which may hereafter be in force relating to or affecting the conditions, use, or occupancy of the leased premises. Lessee shall faithfully observe and comply with the rules and regulations that Lessor shall from time to time promulgate, including, without limitation, those regulations affecting signage on the Property. 16. PERMITS: Lessee shall, at its sole cost and expense, be responsible for obtaining any permits or licenses that are necessary to perform the work and covenants of this lease Agreement. 17. LEASEHOLD EXCISE TAXES: The Parties believe that this Lease is exempt from the requirements of chapter 82.29A RCW; however, in the event that the Washington State Auditor's Office determines that leasehold excise tax is owing, {KZS2490756.DOC;1/13175.000001/ } Page 4 of 7 18 such costs shall be born by Lessee. In such case, Lessor may make payment of the amount determined to be owed, and Lessee shall reimburse Lessor for such costs within 30 days of receipt of Lessor's request for reimbursement. 18. NOTICE: All notices under this lease shall be in writing and shall be effective when mailed by certified mail or delivered to Lessor at the address below stated, or to Lessee at the address below stated or to such other address as either party may designate from time to time: LESSOR: CITY OF TUKWILA LESSEE: Way Back Inn Foundation ATTN: Mayor's Office PO Box 621 6200 Southcenter Boulevard Renton, Washington 98057-0621 Tukwila, Washington 98188 19. TERMINATION: Either party has the right to terminate this Lease if the other party is in default of any material obligation or representation of this lease which default is incapable of cure, or which being capable of cure, is not cured within ten days after receipt of written notice of such default. 20. GENERAL PROVISIONS: A. TIME IS OF THE ESSENCE OF THIS LEASE. B. In the event of any action or proceeding brought by either party against the other under this lease, the Prevailing party shall be entitled to recover for the fees of its attorneys in such action or proceeding, including costs of appeal, if any, in such amount as the court may adjudge reasonable Attorneys' fees. For the purposes of this provision, the terms "action" or "proceeding" shall include arbitration, administrative, bankruptcy, and judicial proceedings, including appeals therefrom. C. This lease shall be construed and governed by the laws of the State of Washington. D. Upon termination of this lease, Lessee shall surrender all keys to the Lessor at the place then fixed for notice. 21. AUTHORITY OF LESSEE: Lessee, and each individual executing this lease on behalf of Lessee, represent and warrant that s/he is duly authorized to execute and deliver this lease, and that this lease is binding upon Lessee in accordance with its terms. 22. WAIVER AND FORBEARANCE: No waiver by Lessor of any breach or default by lessee of any of its obligations or agreement or covenants herein, shall be deemed to be a waiver of any subsequent breach or default of the same or any other covenant, agreement or obligation, nor shall forbearance by Lessor to seek remedy {KZS2490756.DOC;1/13175.000001/ } Page 5 of 7 19 for any breach or default of Lessee be deemed a waiver by Lessor or its rights and remedies with respect to such breach or default. THIS LEASE IS SUBJECT TO ACCEPTANCE BY LESSOR. IN WITNESS THEREOF, the parties hereto have executed this Lease the date and year above written. LESSOR: LESSEE: By: By: Its: Its: Date: Date: APPROVED AS TO FORM: Office of the City Attorney STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day of , 2021, personally appeared before me the undersigned, a Notary Public, in and for the State of Washington, duly commissioned and sworn, , to me known to be the Mayor of the City of Tukwila, a Washington state municipal corporation, that executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said City of Tukwila, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument. WITNESS MY HAND AND OFFICIAL SEAL hereto affixed the day and year first above written. {KZS2490756.DOC;1/13175.000001/ } 20 (Signature of Notary) (Legibly Print or Stamp Name of Notary) Notary public in and for the State of Washington, residing at My appointment expires Page 6 of 7 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day of , 2021, personally appeared before me the undersigned, a Notary Public, in and for the State of Washington, duly commissioned and sworn, , to me known to be the of the Way Back Inn Foundation, a Washington non-profit corporation, that executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said Way Back Inn Foundation, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument. WITNESS MY HAND AND OFFICIAL SEAL hereto affixed the day and year first above written. {KZS2490756.DOC;1/13175.000001/ } (Signature of Notary) (Legibly Print or Stamp Name of Notary) Notary public in and for the State of Washington, residing at My appointment expires Page 7 of 7 21 22 RESIDENTIAL LEASE AGREEMENT HARTNETT MANOR This lease is made effective December 1, 2021, between the City of Tukwila, a city, as "Lessor," and Way Back Inn Foundation, a Washington non-profit corporation, as "Lessee" (collectively, the "Parties"). WHEREAS, homelessness continues to be an issue for residents of the City of Tukwila and the greater community at large; and WHEREAS, Lessor, a Washington municipal corporation, has determined that the provision of transitional housing to homeless and impoverished members of the community serves a fundamental governmental purpose as it protects the public health, safety, and welfare; and WHEREAS, Lessee is a Washington non-profit corporation that provides temporary and transitional housing to the homeless; Now, therefore, the Parties agree as follows: 1. PREMISES: Lessor shall lease to Lessee the Residence currently situated at 14688 Macadam Road South, Tukwila, Washington ("Premises"). 2. TERM: The term of this lease shall be for five years, commencing on December 1, 2021 and shall terminate on November 30, 2026, unless sooner terminated as a result of Lessee's default hereunder in accordance with the termination provisions set forth in paragraph 19. The Lessor reserves the right to terminate the lease at its convenience prior to the completion of the five-year term at any time for any reason with 90 days' prior written notice. 3. POSSESSION: Lessee shall be deemed to have accepted possession of the leased premises in an "as -is" condition. Lessor has made no representations to Lessee respecting the condition of the lease premises. 4. CONSIDERATION: In consideration of Lessee providing housing to homeless members of the Tukwila community, Lessee may occupy the leased premises rent free for the duration of this Lease; provided, Lessee shall make any and all necessary improvements to the Premises, including the Residence located thereon, at Lessee's sole expense. Such improvements shall not be commenced without the express written consent of Lessor and shall be subject to final inspection and the approval of the Lessor. Further, Lessee shall pay all costs associated with or arising out of the maintenance and operation of the leased Premises as set forth herein. 5. USE: Lessee shall use the leased premises to provide free, temporary single-family dwellings for homeless families with children whose income falls below 50% of King County median income and all current uses incidental thereto, and for no other purpose without first obtaining Lessor's prior written consent. Lessee shall {KZS2490756.DOC;1/13175.000001/ } Page 1 of 7 23 screen all housing applicants to ensure that applicants meet the income qualifications set forth herein. Lessee shall provide Lessor with an annual report each year reflecting data regarding the populations served by Lessee at the Premises. 6. LESSEE MAINTENANCE AND REPAIR RESPONSILIBITY: Lessee shall, when and if needed, at Lessee's sole expense, make any and all necessary repairs to the Premises and every part thereof. Lessee shall maintain the Premises in a neat, clean, and sanitary condition. Lessee shall surrender the leased Premises to Lessor in good condition upon the termination of this lease, reasonable wear and tear expected. 7. UTILITIES: Lessee shall pay prior to delinquency for all heat, light, water and other utility services supplied to the Premises. 8. ALTERATIONS AND ADDITIONS BY LESSEE: After obtaining the prior consent of Lessor, Lessee may make, at its sole expense, such additional improvements or alterations to the leased premises, which it may deem necessary or desirable. Any repairs or new construction by Lessee shall be done in conformity with plans and specifications approved by Lessor. All work performed shall be done in a workmanlike manner and shall become the property of the Lessor. 9. LIENS: Lessee shall keep the leased premises free from any liens arising out of any work performed, materials furnished, or obligations incurred by Lessee. 10. INSURANCE: Lessee shall procure and maintain for the duration of this Lease, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the Lessee's operation and use of the leased Premises. Lessee's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Lessee to the coverage provided by such insurance, or otherwise limit the Lessor's recourse to any remedy available at law or in equity. Lessee shall maintain Commercial General Liability insurance written 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 Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover premises and contractual liability. The Lessor shall be named as additional an insured on Lessee's Commercial General Liability insurance policy using ISO Additional Insured -Managers or Lessors of Premises Form CG 20 11 or a substitute endorsement providing at least as broad coverage. Lessee shall also maintain property insurance, which shall be written covering the full value of Lessee's property and improvements with no coinsurance provisions. Property insurance shall be written on an all risk basis. The Lessee's Commercial General Liability insurance policy or policies are to contain, or be endorsed to contain that they shall be primary insurance as respect the Lessor. Any Insurance, self-insurance, or self- insured pool coverage maintained by the Lessor shall be excess of the Lessee's insurance and shall not contribute with it. Insurance is to be placed with insurers {KZS2490756.DOC;1/13175.000001/ } Page 2 of 7 24 with a current A.M. Best rating of not less than A: VII. Lessee shall furnish the Lessor 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 Lessee. Lessee and Lessor hereby release and discharge each other from all claims, losses and liabilities arising from or caused by any hazard covered by property insurance on or in connection with the premises or said building. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. The Lessee shall provide the Lessor with written notice of any policy cancellation within two business days of their receipt of such notice. Failure on the part of the Lessee to maintain the insurance as required shall constitute a material breach of lease, upon which the Lessor may, after giving five business days' notice to the Lessee to correct the breach, terminate the Lease 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 Lessor on demand. If the Lessee maintains higher insurance limits than the minimums shown above, the Lessor shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Lessee, irrespective of whether such limits maintained by the Lessee are greater than those required by this contract or whether any certificate of insurance furnished to the Lessor evidences limits of liability lower than those maintained by the Lessee. During the term of this Lease, the Lessor shall maintain all-risk property insurance covering the Residence located on the Premises for its full replacement value. Lessee expressly agrees that should damage arise to the Premises or Residence that is covered by Lessor's insurance but not Lessee's, Lessee shall reimburse Lessor for the cost of Lessor's deductible. Such reimbursement shall be made within thirty days of Lessor's written request for reimbursement. 11. INDEMNIFICATION: Lessee shall bear the sole risk for all personal property on the Premises. Lessor, its officials, employees and agents shall not be liable for any injury to or death of any person, or damage to property, sustained or alleged to have been sustained by Lessee, invitees or others as a result of any condition (including future conditions) in, on or about the Premises, or the improvements comprising any portion of the Premises; or as a result of the Premises becoming out of repair, or caused by fire or by the bursting or leaking of water, gas, sewer or steam pipes, or due to or the result of mold, fungus, water intrusion, asbestos, lead or other toxic materials or chemicals, or due to or the result of any accident from whatsoever cause in and about the Premises. Lessee agrees to indemnify, defend and hold Lessor, and its officials, staff, employees and agents, harmless from any and all claims, liabilities, losses, damages, actions, costs and expenses of any kind (including reasonable attorneys' fees) arising out of or related to Lessee's use of the Premises or the operation and/or conduct of its business or any activity or thing occurring on or about the Premises, and for property damage or bodily injury (including death) suffered on or about the Premises by any person, firm or corporation, except to the extent such loss or damage resulting from the gross {KZS2490756.DOC;1/13175.000001/ } Page 3 of 7 25 negligence of the Lessor or a breach of the terms of this Lease. The terms of this Section 11 shall survive any expiration or termination of this Lease. The indemnification obligations contained in this Section 11 shall not be limited by any worker's compensation benefits or disability laws, and Lessee hereby waives any immunity that it may have under the Industrial Insurance Act, Title 51 RCW and similar worker's compensation benefits or disability laws. Lessee agrees that they have read the above provision and that any questions they had concerning it were fully explained to their satisfaction by Lessee's attorney or agent. Lessee understands that they will be the party held financially responsible under all conditions and not the City of Tukwila or its officials, employees, or agents. 12. ASSIGNMENT AND SUBLETTING: Lessee shall not assign this lease or any part thereof, either by operation of law or otherwise, without first obtaining the prior written consent of Lessor. 13. DEFAULT: Failure by Lessee to observe or perform any of the covenants, conditions, or provisions of this lease, where such failure shall continue for a period of ten days after written notice from Lessor to cure the default, shall constitute a default and breach of the lease by the Lessor. Lessee shall notify Lessor promptly of any default not by its nature necessarily known to Lessor. 14. ACCESS: Lessee shall permit Lessor to enter the leased premises at reasonable times for the purpose of inspecting the leased premises and ascertaining compliance with the provisions hereof by Lessee, but nothing herein shall be construed as imposing any obligation on Lessor to perform any such work or duties. Lessor reserves the right to property inspection and testing for the Lessor's future development purposes. Lessor will give Lessee at least 48 hours' notice in the event of access needed for property testing. 15. COMPLIANCE WITH LAWS, RULES AND REGULATIONS: Lessee shall, at its sole cost and expense, promptly comply with all laws, statutes, ordinances, and governmental rules, regulations or requirements now in force or which may hereafter be in force relating to or affecting the conditions, use, or occupancy of the leased premises. Lessee shall faithfully observe and comply with the rules and regulations that Lessor shall from time to time promulgate, including, without limitation, those regulations affecting signage on the Property. 16. PERMITS: Lessee shall, at its sole cost and expense, be responsible for obtaining any permits or licenses that are necessary to perform the work and covenants of this lease Agreement. 17. LEASEHOLD EXCISE TAXES: The Parties believe that this Lease is exempt from the requirements of chapter 82.29A RCW; however, in the event that the Washington State Auditor's Office determines that leasehold excise tax is owing, {KZS2490756.DOC;1/13175.000001/ } Page 4 of 7 26 such costs shall be born by Lessee. In such case, Lessor may make payment of the amount determined to be owed, and Lessee shall reimburse Lessor for such costs within 30 days of receipt of Lessor's request for reimbursement. 18. NOTICE: All notices under this lease shall be in writing and shall be effective when mailed by certified mail or delivered to Lessor at the address below stated, or to Lessee at the address below stated or to such other address as either party may designate from time to time: LESSOR: CITY OF TUKWILA LESSEE: Way Back Inn Foundation ATTN: Mayor's Office PO Box 621 6200 Southcenter Boulevard Renton, Washington 98057-0621 Tukwila, Washington 98188 19. TERMINATION: Either party has the right to terminate this Lease if the other party is in default of any material obligation or representation of this lease which default is incapable of cure, or which being capable of cure, is not cured within ten days after receipt of written notice of such default. 20. GENERAL PROVISIONS: A. TIME IS OF THE ESSENCE OF THIS LEASE. B. In the event of any action or proceeding brought by either party against the other under this lease, the Prevailing party shall be entitled to recover for the fees of its attorneys in such action or proceeding, including costs of appeal, if any, in such amount as the court may adjudge reasonable Attorneys' fees. For the purposes of this provision, the terms "action" or "proceeding" shall include arbitration, administrative, bankruptcy, and judicial proceedings, including appeals therefrom. C. This lease shall be construed and governed by the laws of the State of Washington. D. Upon termination of this lease, Lessee shall surrender all keys to the Lessor at the place then fixed for notice. 21. AUTHORITY OF LESSEE: Lessee, and each individual executing this lease on behalf of Lessee, represent and warrant that s/he is duly authorized to execute and deliver this lease, and that this lease is binding upon Lessee in accordance with its terms. 22. WAIVER AND FORBEARANCE: No waiver by Lessor of any breach or default by lessee of any of its obligations or agreement or covenants herein, shall be deemed to be a waiver of any subsequent breach or default of the same or any other covenant, agreement or obligation, nor shall forbearance by Lessor to seek remedy {KZS2490756.DOC;1/13175.000001/ } Page 5 of 7 27 for any breach or default of Lessee be deemed a waiver by Lessor or its rights and remedies with respect to such breach or default. THIS LEASE IS SUBJECT TO ACCEPTANCE BY LESSOR. IN WITNESS THEREOF, the parties hereto have executed this Lease the date and year above written. LESSOR: LESSEE: By: By: Its: Its: Date: Date: APPROVED AS TO FORM: Office of the City Attorney STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day of , 2021, personally appeared before me the undersigned, a Notary Public, in and for the State of Washington, duly commissioned and sworn, , to me known to be the Mayor of the City of Tukwila, a Washington state municipal corporation, that executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said City of Tukwila, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument. WITNESS MY HAND AND OFFICIAL SEAL hereto affixed the day and year first above written. {KZS2490756.DOC;1/13175.000001/ } 28 (Signature of Notary) (Legibly Print or Stamp Name of Notary) Notary public in and for the State of Washington, residing at My appointment expires Page 6 of 7 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day of , 2021, personally appeared before me the undersigned, a Notary Public, in and for the State of Washington, duly commissioned and sworn, , to me known to be the of the Way Back Inn Foundation, a Washington non-profit corporation, that executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said Way Back Inn Foundation, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument. WITNESS MY HAND AND OFFICIAL SEAL hereto affixed the day and year first above written. {KZS2490756.DOC;1/13175.000001/ } (Signature of Notary) (Legibly Print or Stamp Name of Notary) Notary public in and for the State of Washington, residing at My appointment expires Page 7 of 7 29 30 RESIDENTIAL LEASE AGREEMENT GREGOR HOUSE This lease is made effective December 1, 2021, between the City of Tukwila, a city, as "Lessor," and Way Back Inn Foundation, a Washington non-profit corporation, as "Lessee" (collectively, the "Parties"). WHEREAS, homelessness continues to be an issue for residents of the City of Tukwila and the greater community at large; and WHEREAS, Lessor, a Washington municipal corporation, has determined that the provision of transitional housing to homeless and impoverished members of the community serves a fundamental governmental purpose as it protects the public health, safety, and welfare; and WHEREAS, Lessee is a Washington non-profit corporation that provides temporary and transitional housing to the homeless; Now, therefore, the Parties agree as follows: 1. PREMISES: Lessor shall lease to Lessee the Residence currently situated at 14239 42nd Avenue South, Tukwila, Washington ("Premises"). 2. TERM: The term of this lease shall be for five years, commencing on December 1, 2021 and shall terminate on November 30, 2026, unless sooner terminated as a result of Lessee's default hereunder in accordance with the termination provisions set forth in paragraph 19. The Lessor reserves the right to terminate the lease at its convenience prior to the completion of the five-year term at any time for any reason with 90 days' prior written notice. 3. POSSESSION: Lessee shall be deemed to have accepted possession of the leased premises in an "as -is" condition. Lessor has made no representations to Lessee respecting the condition of the lease premises. 4. CONSIDERATION: In consideration of Lessee providing housing to homeless members of the Tukwila community, Lessee may occupy the leased premises rent free for the duration of this Lease; provided, Lessee shall make any and all necessary improvements to the Premises, including the Residence located thereon, at Lessee's sole expense. Such improvements shall not be commenced without the express written consent of Lessor and shall be subject to final inspection and the approval of the Lessor. Further, Lessee shall pay all costs associated with or arising out of the maintenance and operation of the leased Premises as set forth herein. 5. USE: Lessee shall use the leased premises to provide free, temporary single-family dwellings for homeless families with children whose income falls below 50% of King County median income and all current uses incidental thereto, and for no other purpose without first obtaining Lessor's prior written consent. Lessee shall {KZS2490756.DOC;1/13175.000001/ } Page 1 of 7 31 screen all housing applicants to ensure that applicants meet the income qualifications set forth herein. Lessee shall provide Lessor with an annual report each year reflecting data regarding the populations served by Lessee at the Premises. 6. LESSEE MAINTENANCE AND REPAIR RESPONSILIBITY: Lessee shall, when and if needed, at Lessee's sole expense, make any and all necessary repairs to the Premises and every part thereof. Lessee shall maintain the Premises in a neat, clean, and sanitary condition. Lessee shall surrender the leased Premises to Lessor in good condition upon the termination of this lease, reasonable wear and tear expected. 7. UTILITIES: Lessee shall pay prior to delinquency for all heat, light, water and other utility services supplied to the Premises. 8. ALTERATIONS AND ADDITIONS BY LESSEE: After obtaining the prior consent of Lessor, Lessee may make, at its sole expense, such additional improvements or alterations to the leased premises, which it may deem necessary or desirable. Any repairs or new construction by Lessee shall be done in conformity with plans and specifications approved by Lessor. All work performed shall be done in a workmanlike manner and shall become the property of the Lessor. 9. LIENS: Lessee shall keep the leased premises free from any liens arising out of any work performed, materials furnished, or obligations incurred by Lessee. 10. INSURANCE: Lessee shall procure and maintain for the duration of this Lease, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the Lessee's operation and use of the leased Premises. Lessee's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Lessee to the coverage provided by such insurance, or otherwise limit the Lessor's recourse to any remedy available at law or in equity. Lessee shall maintain Commercial General Liability insurance written 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 Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover premises and contractual liability. The Lessor shall be named as additional an insured on Lessee's Commercial General Liability insurance policy using ISO Additional Insured -Managers or Lessors of Premises Form CG 20 11 or a substitute endorsement providing at least as broad coverage. Lessee shall also maintain property insurance, which shall be written covering the full value of Lessee's property and improvements with no coinsurance provisions. Property insurance shall be written on an all risk basis. The Lessee's Commercial General Liability insurance policy or policies are to contain, or be endorsed to contain that they shall be primary insurance as respect the Lessor. Any Insurance, self-insurance, or self- insured pool coverage maintained by the Lessor shall be excess of the Lessee's insurance and shall not contribute with it. Insurance is to be placed with insurers {KZS2490756.DOC;1/13175.000001/ } Page 2 of 7 32 with a current A.M. Best rating of not less than A: VII. Lessee shall furnish the Lessor 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 Lessee. Lessee and Lessor hereby release and discharge each other from all claims, losses and liabilities arising from or caused by any hazard covered by property insurance on or in connection with the premises or said building. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. The Lessee shall provide the Lessor with written notice of any policy cancellation within two business days of their receipt of such notice. Failure on the part of the Lessee to maintain the insurance as required shall constitute a material breach of lease, upon which the Lessor may, after giving five business days' notice to the Lessee to correct the breach, terminate the Lease 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 Lessor on demand. If the Lessee maintains higher insurance limits than the minimums shown above, the Lessor shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Lessee, irrespective of whether such limits maintained by the Lessee are greater than those required by this contract or whether any certificate of insurance furnished to the Lessor evidences limits of liability lower than those maintained by the Lessee. During the term of this Lease, the Lessor shall maintain all-risk property insurance covering the Residence located on the Premises for its full replacement value. Lessee expressly agrees that should damage arise to the Premises or Residence that is covered by Lessor's insurance but not Lessee's, Lessee shall reimburse Lessor for the cost of Lessor's deductible. Such reimbursement shall be made within thirty days of Lessor's written request for reimbursement. 11. INDEMNIFICATION: Lessee shall bear the sole risk for all personal property on the Premises. Lessor, its officials, employees and agents shall not be liable for any injury to or death of any person, or damage to property, sustained or alleged to have been sustained by Lessee, invitees or others as a result of any condition (including future conditions) in, on or about the Premises, or the improvements comprising any portion of the Premises; or as a result of the Premises becoming out of repair, or caused by fire or by the bursting or leaking of water, gas, sewer or steam pipes, or due to or the result of mold, fungus, water intrusion, asbestos, lead or other toxic materials or chemicals, or due to or the result of any accident from whatsoever cause in and about the Premises. Lessee agrees to indemnify, defend and hold Lessor, and its officials, staff, employees and agents, harmless from any and all claims, liabilities, losses, damages, actions, costs and expenses of any kind (including reasonable attorneys' fees) arising out of or related to Lessee's use of the Premises or the operation and/or conduct of its business or any activity or thing occurring on or about the Premises, and for property damage or bodily injury (including death) suffered on or about the Premises by any person, firm or corporation, except to the extent such loss or damage resulting from the gross {KZS2490756.DOC;1/13175.000001/ } Page 3 of 7 33 negligence of the Lessor or a breach of the terms of this Lease. The terms of this Section 11 shall survive any expiration or termination of this Lease. The indemnification obligations contained in this Section 11 shall not be limited by any worker's compensation benefits or disability laws, and Lessee hereby waives any immunity that it may have under the Industrial Insurance Act, Title 51 RCW and similar worker's compensation benefits or disability laws. Lessee agrees that they have read the above provision and that any questions they had concerning it were fully explained to their satisfaction by Lessee's attorney or agent. Lessee understands that they will be the party held financially responsible under all conditions and not the City of Tukwila or its officials, employees, or agents. 12. ASSIGNMENT AND SUBLETTING: Lessee shall not assign this lease or any part thereof, either by operation of law or otherwise, without first obtaining the prior written consent of Lessor. 13. DEFAULT: Failure by Lessee to observe or perform any of the covenants, conditions, or provisions of this lease, where such failure shall continue for a period of ten days after written notice from Lessor to cure the default, shall constitute a default and breach of the lease by the Lessor. Lessee shall notify Lessor promptly of any default not by its nature necessarily known to Lessor. 14. ACCESS: Lessee shall permit Lessor to enter the leased premises at reasonable times for the purpose of inspecting the leased premises and ascertaining compliance with the provisions hereof by Lessee, but nothing herein shall be construed as imposing any obligation on Lessor to perform any such work or duties. Lessor reserves the right to property inspection and testing for the Lessor's future development purposes. Lessor will give Lessee at least 48 hours' notice in the event of access needed for property testing. 15. COMPLIANCE WITH LAWS, RULES AND REGULATIONS: Lessee shall, at its sole cost and expense, promptly comply with all laws, statutes, ordinances, and governmental rules, regulations or requirements now in force or which may hereafter be in force relating to or affecting the conditions, use, or occupancy of the leased premises. Lessee shall faithfully observe and comply with the rules and regulations that Lessor shall from time to time promulgate, including, without limitation, those regulations affecting signage on the Property. 16. PERMITS: Lessee shall, at its sole cost and expense, be responsible for obtaining any permits or licenses that are necessary to perform the work and covenants of this lease Agreement. 17. LEASEHOLD EXCISE TAXES: The Parties believe that this Lease is exempt from the requirements of chapter 82.29A RCW; however, in the event that the Washington State Auditor's Office determines that leasehold excise tax is owing, {KZS2490756.DOC;1/13175.000001/ } Page 4 of 7 34 such costs shall be born by Lessee. In such case, Lessor may make payment of the amount determined to be owed, and Lessee shall reimburse Lessor for such costs within 30 days of receipt of Lessor's request for reimbursement. 18. NOTICE: All notices under this lease shall be in writing and shall be effective when mailed by certified mail or delivered to Lessor at the address below stated, or to Lessee at the address below stated or to such other address as either party may designate from time to time: LESSOR: CITY OF TUKWILA LESSEE: Way Back Inn Foundation ATTN: Mayor's Office PO Box 621 6200 Southcenter Boulevard Renton, Washington 98057-0621 Tukwila, Washington 98188 19. TERMINATION: Either party has the right to terminate this Lease if the other party is in default of any material obligation or representation of this lease which default is incapable of cure, or which being capable of cure, is not cured within ten days after receipt of written notice of such default. 20. GENERAL PROVISIONS: A. TIME IS OF THE ESSENCE OF THIS LEASE. B. In the event of any action or proceeding brought by either party against the other under this lease, the Prevailing party shall be entitled to recover for the fees of its attorneys in such action or proceeding, including costs of appeal, if any, in such amount as the court may adjudge reasonable Attorneys' fees. For the purposes of this provision, the terms "action" or "proceeding" shall include arbitration, administrative, bankruptcy, and judicial proceedings, including appeals therefrom. C. This lease shall be construed and governed by the laws of the State of Washington. D. Upon termination of this lease, Lessee shall surrender all keys to the Lessor at the place then fixed for notice. 21. AUTHORITY OF LESSEE: Lessee, and each individual executing this lease on behalf of Lessee, represent and warrant that s/he is duly authorized to execute and deliver this lease, and that this lease is binding upon Lessee in accordance with its terms. 22. WAIVER AND FORBEARANCE: No waiver by Lessor of any breach or default by lessee of any of its obligations or agreement or covenants herein, shall be deemed to be a waiver of any subsequent breach or default of the same or any other covenant, agreement or obligation, nor shall forbearance by Lessor to seek remedy {KZS2490756.DOC;1/13175.000001/ } Page 5 of 7 35 for any breach or default of Lessee be deemed a waiver by Lessor or its rights and remedies with respect to such breach or default. THIS LEASE IS SUBJECT TO ACCEPTANCE BY LESSOR. IN WITNESS THEREOF, the parties hereto have executed this Lease the date and year above written. LESSOR: LESSEE: By: By: Its: Its: Date: Date: APPROVED AS TO FORM: Office of the City Attorney STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day of , 2021, personally appeared before me the undersigned, a Notary Public, in and for the State of Washington, duly commissioned and sworn, , to me known to be the Mayor of the City of Tukwila, a Washington state municipal corporation, that executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said City of Tukwila, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument. WITNESS MY HAND AND OFFICIAL SEAL hereto affixed the day and year first above written. {KZS2490756.DOC;1/13175.000001/ } 36 (Signature of Notary) (Legibly Print or Stamp Name of Notary) Notary public in and for the State of Washington, residing at My appointment expires Page 6 of 7 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day of , 2021, personally appeared before me the undersigned, a Notary Public, in and for the State of Washington, duly commissioned and sworn, , to me known to be the of the Way Back Inn Foundation, a Washington non-profit corporation, that executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said Way Back Inn Foundation, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument. WITNESS MY HAND AND OFFICIAL SEAL hereto affixed the day and year first above written. {KZS2490756.DOC;1/13175.000001/ } (Signature of Notary) (Legibly Print or Stamp Name of Notary) Notary public in and for the State of Washington, residing at My appointment expires Page 7 of 7 37 38 City of Tukwila City Council Community Services & Safety Committee Meeting Minutes November 1, 2021- 5:30 p.m. - Electronic Meeting due to COVID-19 Emergency Councilmembers Present: Staff Present: Cynthia Delostrinos Johnson, Chair; De'Sean Quinn, Zak Idan David Cline, Eric Dreyer, Eric Lund, Jay Wittwer, Stacy Hansen, Rachel Bianchi, Laurel Humphrey Chair Delostrinos Johnson called the meeting to order at 5:30 p.m. I. BUSINESS AGENDA A. Way Back Inn Property Leases Staff is seeking Council approval of leases for the Way Back Inn's temporary shelter/transitional housing properties Kennedy's Cottage, Gregory House, and Hartnett *Manor for a term through November 30, 2026. Item(s) for follow-up: • Invite Way Back Inn Director to provide a program overview in 2022. • Provide a copy of the Annual Report when available. Committee Recommendation: Unanimous approval. Forward to November 15, 2021 Regular Consent Agenda. B. Cascade Behavioral Health Hospital Committee members and staff continued discussion of safety issues around Cascade Behavioral Health. The Department of Health indicated via a letter dated October 29, 2021 that they have been investigating the complaints and will determine appropriate actions when complete. Committee Recommendation: Discussion only. II. MISCELLANEOUS Update on public records requests. The meeting adjourned at 6:05 p.m. CDJ Committee Chair Approval Minutes by LH 39 40 COUNCIL AGENDA SYNOPSIS Initials ITEM No. '" Meeting Date Prepared by Mayor's review Council review 11/15/21 Vicky 4 . E . ITEM INFORMATION STAFF SPONSOR: VICKY ORIGINAL AGENDA DATE: 11/15/21 AGENDA ITEM TITLE Contract with Pacifica Law Group for Bond Counsel Services CATEGORY ❑ Discussion Mtg Date a Motion Mtg Date 11/15 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ❑ DCD 0 Finance ❑ Fire ❑ P&R ❑ Police ❑ PIF SPONSOR'S The Council is being asked to authorize the Mayor to sign a 3 -year contract with Pacifica SUMMARY Law Group for bond counsel services REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ LTAC ❑ Arts Comm. DATE: 11/8/21 COMMITTEE 0 ❑ Finance & Governance ❑ Planning & Community Dev. Parks Comm. ❑ Planning Comm. CHAIR: IDAN RECOMMENDATIONS: SPONSOR/ADMIN. Finance Department CON NII1IEE Unanimous Approval; Forward to Regular Meeting Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/15/21 MTG. DATE ATTACHMENTS 11/15/21 Informational Memorandum dated 11/2/21 Contract Committee minutes for Finance and Governance distributed under separate cover. 41 42 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Finance Committee FROM: Vicky Carlsen, Finance Director CC: Mayor Ekberg DATE: November 2, 2021 SUBJECT: Contract with Pacifica Law Group for Bond Counsel Services ISSUE Staff is seeking approval for the Mayor to sign a 3 -year contract with Pacifica Law Group for bond counsel services. BACKGROUND Bond counsel services are a necessary function of issuing new debt and refunding existing debt. In October 2016, after an RFP process, Pacifica Law Group was selected for bond counsel services. Since that time, Pacific has provided excellent services to the City on all debt related matters. DISCUSSION The current 1 -year contract with Pacifica Law Group will expire at the end of 2021. Staff desires to enter into a new 3 -year contract for a total amount not to exceed $150 thousand. Costs are only incurred if the City issues new debt or refunds existing debt. Bond counsel provides a number of services related to debt including assessing financing options and considers legal issues related to projects, drafts legislation and bond documents, provides legal review of tax issues, and assists with post issuance compliance, among other services outlined in Exhibit A of the contract. RECOMMENDATION The Council is being asked to authorize the Mayor to sign a 3 -year contract with Pacifica Law Group and consider this item for the consent agenda at the November 15, 2021, Regular meeting. ATTACHMENTS 3 -year contract with Pacifica Law Group 43 44 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 CONTRACT FOR SERVICES Contract Number: This Agreement is entered into by and between the City of Tukwila, Washington, a non -charter optional municipal code city hereinafter referred to as "the City," and Pacifica Law Group LLP hereinafter referred to as "the Contractor," whose principal office is located at 1191 Second Avenue, Suite 2000, Seattle, WA 98101. Stacey Lewis (bond partner), Alison Benge (bond partner, specializing in Federal tax law), and Deanna Gregory will be the main contacts for City bond matters. Deanna Gregory will have primary oversight for Pacifica Law Group's representation of the City, but will assign other firm lawyers and paralegals when necessary, beneficial or cost-effective and when desirable to meet the time constraints of the matter. Ms. Gregory can be reached at her office at 206.245.1716 or any of the attorneys or other staff at Pacifica Law Group can be reached at 206.245.1700. Unless otherwise agreed in writing, the terms of this Agreement will also apply to any additional matters that the Contractor undertakes at the City's request. WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. The parties hereto acknowledge that in rendering such services to the City, the Contractor is regulated by ethical rules, including rules regarding conflicts of interest, as set forth in Exhibit B attached hereto and incorporated herein by this reference. 2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit C attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $150,000 3. Contractor Budqet. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. 4. Duration of Aqreement. This Agreement shall be in full force and effect for a period commencing_ January 1, 2022, and ending December 31, 2024 , unless sooner terminated under the provisions hereinafter specified. {KZS2490554.DOCX;1/13175.000001/ } 2012 CA Revised Page 1 of 7 45 5. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. 6. Indemnification. The Contractor shall defend, indemnify and hold the City, its officers, agents, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, to the extent caused by the negligent acts or omissions of the Contractor under this Agreement. 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 Contractor and the City, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver, as respects the City only, 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. 7. Insurance. The Contractor shall procure and maintain in full force throughout the duration of this Agreement professional liability insurance with a minimum coverage of $1,000,000 per claim and $3,000,000 aggregate. Contractor shall provide evidence of such coverage in a manner and form acceptable to the City in the City's sole discretion. Cancellation of the required insurance shall automatically result in termination of this Agreement. 8. Record Keepinq and Reportinq. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 9. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 11. Discrimination Prohibited. The Consultant, 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 or the presence of any disability in the selection and retention of employees or procurement of materials or supplies. {KZS2490554.DO CX;1 /13175.000001/1 2013 46 CA Revised 1 - Page 2 of 7 12. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 13. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. 14. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 15. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 16. Applicable Law; Venue; Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this day of , 2021. CITY OF TUKWILA CONTRACTOR Allan Ekberg, Mayor ATTEST/AUTHENTICATED: By: Printed Name and Title: Deanna Gregory, Partner Address: 1191 2nd Avenue, Suite 2000 City Clerk, Christy O'Flaherty Seattle, Washington 98101 APPROVED AS TO FORM: Office of the City Attorney {KZS2490554.DO CX;1 /13175.000001/1 2013 CA Revised 1 - Page 3 of 7 47 EXHIBIT A Scope of Services to be Performed by Contractor As bond counsel, Pacifica Law Group (the "Law Firm") shall provide all necessary legal services necessary to issue bond, notes and other evidences of indebtedness, including but not limited to: • Draft and distribute election documents, if a voted bond issue • Assist in the development or review of a distribution list and proposed schedule, flagging key notice, action and document deadlines • Gather appropriate facts regarding the financing and the proposed project, generally through an in-person kick off or "scoping" meeting • Conduct federal and state law analysis • Assess financing options and work with underwriters and financial advisors to consider legal issues • Review existing covenants and assess benefit of springing covenants • Draft and distribute bond (and, if requested, disclosure) documents • Revise, discuss, and explain documents • Arrange and participate in conference calls and meetings with City staff and other members of the finance team, as necessary, to follow up on issues identified at the scoping meeting or to review document drafts • Present documents to, and answer questions from, the City Council • Complete appropriate tax due diligence analysis • Work with the finance team to finalize disclosure documents in anticipation of marketing bonds • Review the results of pricing and draft or comment on the bond purchase agreement • Prepare closing certificates, prepare and print the notes or bonds, and deliver bond opinions • Deliver hard copies or CDs of the final transcript to the finance team • Coordinate with City staff on post -issuance compliance obligations (state, federal tax, and securities law) as necessary • Work cooperatively with the City Attorney and other special legal counsel retained by the City for special projects involving the issuance of bonds, closing of bond transactions, tracking of bond proceeds and related issues {KZS2490554.DO CX;1 /13175.000001/1 2013 48 CA Revised 1 - Page 4 of 7 Exhibit B Conflict of Interest As lawyers, the Contractor's representatives are regulated by ethical rules, including rules governing conflicts of interest, in the jurisdictions in which they practice. Based on the Contractor's review of their records, the Contractor's representation of the City on this initial matter does not create a conflict of interest for the Contractor or the City, however, the Contractor does serve as outside counsel and bond counsel to other municipalities and entities that interact and/or contract with the City (such as the Valley Communications Center, the Valley Communications Center Development Authority, the South Correctional Entity, the South Correctional Entity Facility Public Development Authority, King County, King County Regional Homelessness Authority, the Puget Sound Emergency Radio Network, the Housing Development Consortium (in connection with South King Housing and Homelessness Partners), and the Seattle Southside Regional Tourism Authority), and serves as underwriter's counsel from time to time to underwriting firms on matters unrelated to the City's bonds. Execution of this Agreement by the City's representative constitutes consent by the City to such representation. The Contractor agrees not to use any proprietary or other confidential nonpublic information concerning the City, acquired as a result of the Contractor's representation of the City, to the City's material disadvantage in connection with any litigation or other matter in which the Contractor is adverse to the City. If the City learns about significant name changes of any of the entities or about additional adverse or potentially adverse parties, it will advise the Contractor so their records can be updated. The Contractor's representation of the City does not include acting as counsel for any entity in which the City holds equity or any subsidiary, affiliate, equityholder, employee, family member or other person unless such additional representation is separately and clearly undertaken by the Contractor. During the Contractor's representation of the City, there may from time to time be issues that raise questions as to the Contractor's duties under the rules of professional conduct that apply to lawyers. These might include, e.g., conflict of interest issues, and could even include issues raised because of a dispute between the Contractor and the City over the handling of a matter. Under normal circumstances when such issues arise the Contractor would seek the advice of their non -bond related counsel such as Professional Standards Counsel, Loss Prevention partners or Professional Standards Conflicts Attorneys who are experts in such matters. Historically, the Contractor has considered such consultations to be attorney-client privileged conversations between firm personnel and the counsel for the firm. In recent years, however, there have been judicial decisions indicating that under some circumstances such conversations involve a conflict of interest between the City and the Contractor and that consultation with the Contractor's non -bond related counsel may not be privileged, unless the Contractor either withdraws from the representation of the City or obtain the City's consent to consult with the Contractor's non -bond related counsel. It is in the Contractor's and the City's interest, that in the event legal ethics or related issues arise during a representation, the Contractor receives expert analysis of their obligations. Accordingly, as part of this agreement concerning the Contractor's representation of the City, the City agrees that if the Contractor determines by their own discretion during the course of the representation that it is either necessary or appropriate to consult with the Contractor's non -bond related counsel (either Pacifica Law Group's internal counsel or, if determined necessary by the Contractor, outside counsel) the City consents to this and agrees that the Contractor's representation of the City shall not, thereby, waive any attorney-client privilege that the Contractor may have to protect the confidentiality of the City's and Contractor's communications with counsel. Any such consultation will be paid for by the Contractor, and not the City. {KZS2490554.DO CX;1 /13175.000001/1 2013 CA Revised 1 - Page 5 of 7 49 EXHIBIT C Compensation and Method of Payment FEE SCHEDULE Services at Time of Issuance Issue Size General Obligation Revenue Local Improvement District $1,000,000 $14,000 $16,000 $16,000 or Less $1,000,001- $18,000 $20,000 $20,000 $5,000,000 $5,000,001- $22,000 $24,000 $24,000 $10,000,000 $10,000,001- $27,000 $29,000 $29,000 $15,000,000 $15,000,001- $32,000 $34,000 $34,000 $20,000,000 $20,000,001 and $36,000 $38,000 $38,000 Above Fees are calculated based on the principal amount of the bonds, plus premium if the bonds are sold with net premium. Fees may be adjusted (up or down) for special projects to reflect unique transactions (such as 63-20 transactions or WI FIA loans) or to take advantage of economies of scale (such as multiple series of the same issue and credit being issued at the same time), with the prior consent of the City Finance Director. All bond counsel fees, costs and expenses are included in the fee matrix above. Bond counsel fees include all of the Contractor's work related to the bond issue (including but not limited to document preparation, state and federal tax law analysis, attending finance team and City Council meetings, expenses, costs, delivering the final opinion, answering questions during and between bond issues, and providing other services as outlined in the Scope of Services), unless another fee arrangement is agreed to by the City. The fee matrix may be adjusted, not more frequently than annually, with prior City approval. In the event the bonds are not issued, no fee will be charged. Depending on the complexity of the matter, bond counsel fees are likely to be lower if the bond issue is privately placed, such as with a bank. For bank loans, we typically charge a percentage of the regular fee schedule (such as 85%), depending on the facts and circumstances and the legal contract and related negotiations with the bank. For refunding issues, we typically charge 115% of the regular fee schedule. {KZS2490554.DO CX;1 /13175.000001/1 2013 50 CA Revised 1 - Page 6 of 7 SUPPLEMENTAL FEE SCHEDULE Supplemental Fee Schedule: Service Amount: Fixed Fee or Hourly Rate Specialized Services — Bond Issuances: • Rating presentation Included in fee matrix below (no additional charge) • General public finance advice, recommendations not related to a Included in fee matrix below (no additional charge) • Other services if on a different basis All bond counsel fees are included in fee matrix below. We propose an additional fee of $15,000 per bond issue to serve as Disclosure Counsel (prepare the preliminary and final official statements and deliver a 10b-5 opinion) at the City's request. Services at time of issuance See fee matrix below Overhead (coping, faxes, etc.) and travel Included in fee matrix below (no additional charge) Other fees We propose to charge a discounted hourly rate for all Pacifica attorneys performing work for the City that cannot be allocated to our role as bond counsel (and therefore be absorbed in the fee matrix below), subject to annual adjustments, and at the request of the City. Our 2021 public sector rates are below. Hourly rates are subject to annual adjustment. 2021 Stacey Lewis $430 Deanna Gregory $380 Toby Tobler $240 Alison Benge $460 Kristin Patterson $170 For special projects and with prior approval from the City, the Contractor would provide services on an hourly basis. The proposed hourly rates are listed above. These rates reflect the discount off standard rates customarily offered by the Contractor to public and not-for-profit clients. Billing rates may be adjusted not more frequently than annually, usually on January 1. Services performed after the effective date of the new rates will be charged at the new applicable rates. The Contractor does not charge for costs incurred internally (photocopying, long distance telephone charges, electronic legal research services and the like). However, to the extent the Contractor incurs costs from outside vendors directly related to City work, these costs will be passed through to the City without mark-up. The Contractor issues invoices for hourly fees and disbursements on a monthly basis. {KZS2490554.DO CX;1 /13175.000001/1 2013 CA Revised 1 - Page 7 of 7 51 52 COUNCIL AGENDA SYNOPSIS Initials 0140,0 ITEM No. 44 Meeting Date Prepared h Mayor's review Council review O [ `�°( 1111,111101' 11/15/21 TEH 4.F. 90 ITEM INFORMATION STAFF SPONSOR: JOEL BUSH ORIGINAL AGENDA DATE: 11/15/21 AGENDA ITEM TITLE ESRI Enterprise Agreement (EA) for GIS 2022-2023 CATEGORY ❑ Discussion Mtg Date 0 Motion Mtg Date 11/15 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑ Council ❑ Mayor 11 Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PI SPONSOR'S The Council approved the purchase of a 2 -year Enterprise Agreement (EA) with ESRI at the SUALMARY end of 2017, and an additional 2 -year contract in 2019. The current contract is expiring January 15, 2022. The EA provides expansion of GIS capabilities, access to arcGlSOnline and GIS tools that provide self-service capabilities to staff and public. The committee is being asked to consider a 2 -year ESRI Enterprise Agreement in the amount of $63,407 and forward this item to the November 15, 2021 Regular Meeting Consent Agenda. REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ LTAC ❑ Arts Comm. DATE: 11/08/21 COMMITTEE 11 ❑ Finance & Governance ❑ Planning & Community Dev. Parks Comm. ❑ Planning Comm. CHAIR: ZAK IDAN RECOMMENDATIONS: SPONSOR/ADMIN. Admin Services COMMA IEE Unanimous Approval; Forward to Regular Meeting Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $63,407 $63,407 $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/15/21 MTG. DATE ATTACHMENTS 11/15/21 Informational Memorandum dated 11/08/21 Contract Committee minutes for Finance and Governance distributed under separate cover. 53 54 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Finance & Safety Committee FROM: Joel Bush (TIS) BY: Tami Eberle -Harris, Roman Linsao CC: Mayor Ekberg DATE: November 08, 2021 SUBJECT: ESRI Enterprise Agreement (EA) for GIS ISSUE ESRI Enterprise Agreement expiring on 01/15/2022. BACKGROUND The City of Tukwila has realized substantial growth in areas of GIS during the past 4 years with the Enterprise Agreement from ESRI providing the backbone. This proposal details the advantages of continuing the relationships and licensing for an additional two-year period. DISCUSSION The Council approved the purchase of a two-year Enterprise Agreement with ESRI at the end of 2017. In 2019, the Council approved continuation of the relationship by approving an additional two-year contract. The current contract is set to expire January 15, 2022. During the past 4 years, GIS capabilities have been expanded and increased productivity has been realized. With limited staff resources in Tukwila's GIS division, it is imperative that end users have access to GIS resources, and that tools are built to engage end-users in self-service functionality, thereby increasing productivity. The ESRI EA allows this capability. Success stories with GIS include but are not limited to the following. Creation of a web viewer for the Municipal LTE grant application was instrumental in telling the story of the current digital divide in Tukwila. It clearly showed both where access is lacking and where fiber is available. This visibility highlighted and socialized the intrinsic need for digital equity, and provided answers to stakeholders when requesting letters for support. During the 'Stay home, Stay Healthy' order in 2020, an interactive Web application was created for the `Great Tukwila Carry -Out' program which assisted users in identifying pick-up and delivery options around the city, supporting both businesses and residents of Tukwila. A current project to provide transparency and visibility on as-builts is being realized by providing a web viewer that staff can use to access electronically available as-builts, identified spatially in GIS and also accessible in the city's Laserfiche repository. Having the as-builts available on a GIS viewer will greatly reduce liability as they will be easily accessible to staff. 55 56 INFORMATIONAL MEMO Page 2 Throughout the city, multiple divisions are managing their workload with GIS tightly integrated with Lucity Asset management. A field map application is being developed for Public Works to further manage franchise work. Dashboards are being utilized in DCD for analyzing Code Compliance and Permitting. Digital Storymaps are are available and allow users to author a web -based application that enables the ability to share maps in the context of narrative text in a user-friendly format. Having the ESRI Enterprise Agreement in place has enhanced productivity and directly supported the businesses and residents of Tukwila. Providing the Enterprise License Agreement is continued, additional opportunities will be realized. FINANCIAL IMPACT The Enterprise Agreement includes uncapped quantities of Desktop software and developer tools, 10,000 online service credits, 100 user named licenses for ArcGISOnline, and multiple software extensions. The cost shown in the attached quote covers the two-year period for the ELA with training included in an amount not to exceed $63,407. The total amount over two -years is budgeted in the current TIS budget. RECOMMENDATION The committee is being asked to consider the 2 -year ESRI Enterprise Agreement in the amount of $63,407 (total amount for two years, currently allocated in TIS budget) and forward this item to the November 15, 2021 Regular Meeting Consent Agenda. ATTACHMENTS Contract https://tukwilawa.sharepoint.com/sites/mayorsoffice/cc/CC Docs/Old W/2021 Info Memos/MemoESRI2022_23.docx July 6, 2021 Ms. Tami Eberle -Harris City of Tukwila 6300 Southcenter Blvd Ste 202 Tukwila, WA 98188-8549 Dear Tami, The Esri Small Municipal and County Government Enterprise Agreement (SGEA) is a two-year agreement that will grant your organization access to Esri term license software. The EA will be effective on the date executed and will require a firm, two-year commitment. Based on Esri's work with several organizations similar to yours, we know there is significant potential to apply Geographic Information System (GIS) technology in many operational and technical areas within your organization. For this reason, we believe that your organization will greatly benefit from an Enterprise Agreement (EA). An EA will provide your organization with numerous benefits including: • A lower cost per unit for licensed software • Substantially reduced administrative and procurement expenses • Complete flexibility to deploy software products when and where needed The following business terms and conditions will apply: • All current departments, employees, and in-house contractors of the organization will be eligible to use the software and services included in the EA. If your organization wishes to acquire and/or maintain any Esri software during the term of the agreement that is not included in the EA, it may do so separately at the Esri pricing that is generally available for your organization for software and maintenance. The organization will establish a single point of contact for orders and deliveries and will be responsible for redistribution to eligible users. The organization will establish a Tier 1 support center to field calls from internal users of Esri software. The organization may designate individuals as specified in the EA who may directly contact Esri for Tier 2 technical support. The organization will provide an annual report of installed Esri software to Esri. Esri software and updates that the organization is licensed to use will be automatically available for downloading. The fee and benefits offered in this EA proposal are contingent upon your acceptance of Esri's Small Municipal and County Government EA terms and conditions. 380 New York Street Redlands, California 92373-8100 USA 909.793.2853 info@esri.com esri.com 57 Small Government Enterprise Agreement ■ Licenses are valid for the term of the EA. This program offer is valid for 90 days. To complete the agreement within this time frame, please contact me within the next seven days to work through any questions or concerns you may have. To expedite your acceptance of this EA offer: 1. Sign and return the EA contract with a Purchase Order or issue a Purchase Order that references this EA Quotation and includes the following statement on the face of the Purchase Order: "THIS PURCHASE ORDER IS GOVERNED BY THE TERMS AND CONDITIONS OF THE ESRI SMALL MUNICIPAL AND COUNTY GOVERNMENT EA, AND ADDITIONAL TERMS AND CONDITIONS IN THIS PURCHASE ORDER WILL NOT APPLE " Have it signed by an authorized representative of the organization. 2. On the first page of the EA, identify the central point of contact/agreement administrator. The agreement administrator is the party that will be the contact for management of the software, administration issues, and general operations. Information should include name, title (if applicable), address, phone number, and e-mail address. 3. In the purchase order, identify the "Ship to" and "Bill to" information for your organization. 4. Send the purchase order and agreement to the address, email or fax noted below: Esri Attn: Customer Service SG -EA 380 New York Street Redlands, CA 92373-8100 e-mail: service@esri.com fax documents to: 909-307-3083 I appreciate the opportunity to present you with this proposal, and I believe it will bring great benefits to your organization. Thank you very much for your consideration. Best Regards, Heather Glock 58 esri® THE SCIENCE OF WHERE" Environmental Systems Research Institute, Inc. 380 New York St Redlands, CA 92373-8100 Phone: (909) 793-2853 Fax: (909) 307-3049 DUNS Number: 06-313-4175 CAGE Code: OAMS3 To expedite your order, please attach a copy of this quotation to your purchase order. Quote is valid from: 7/6/2021 To: 10/4/2021 Material 168177 Qty Term 1 Year1 Quotation # Q-447451 Date: July 6, 2021 Customer # 135074 Contract # ENTERPRISE AGREEMENT City of Tukwila Information Technology Dept 6300 Southcenter Blvd Ste 202 Tukwila, WA 98188-8549 ATTENTION: Tami Eberle -Harris PHONE: 2064337150 x1153 EMAIL: tami.harris@tukwilawa.gov Populations of 0 to 25,000 Small Government Term Enterprise License Agreement 168177 1 Year2 Populations of 0 to 25,000 Small Government Term Enterprise License Agreement 174382 4 Esri Training Pass per Day One Year Term Unit Price Total $27,500.00 $27,500.00 $27,500.00 $713.00 $27,500.00 $2,852.00 Subtotal: Sales Tax: Estimated Shipping and Handling (2 Day Delivery): Contract Price Adjust: Total: Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program. $57,852.00 $5,555.00 $0.00 $0.00 $63,407.00 For questions contact: Heather Glock Email: Phone: hglock@esri.com 909-793-2853 x8948 The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use document found at https://assets.esri.com/content/dam/esrisites/media/legal/product-specific-terms-of-use/e300.pdf, and your applicable signed agreement with Esri. If no such agreement covers any item quoted, then Esri's standard terms and conditions found at https://go.esri.com/MAPS apply to your purchase of that item. Federal government entities and government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri's GSA Federal Supply Schedule. Supplemental terms and conditions found at https://www.esri.com/en-us/legal/terms/state-supplemental apply to some state and local government purchases. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri's offerings. Acceptance of this quotation is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. Unless prohibited by law, the quotation information is confidential and may not be copied or released other than for the express purpose of system selection and purchase/license. The information may not be given to outside parties or used for any other purpose without consent from Esri. Delivery is FOB Origin. GLOCKH This offer is limited to the terms and conditions incorporated and attached herein. 59 esri® THE SCIENCE OF WHERE" Environmental Systems Research Institute, Inc. 380 New York St Redlands, CA 92373-8100 Phone: (909) 793-2853 Fax: (909) 307-3049 DUNS Number: 06-313-4175 CAGE Code: OAMS3 Quotation # Q-447451 Date: July 6, 2021 Customer # 135074 Contract # ENTERPRISE AGREEMENT City of Tukwila Information Technology Dept 6300 Southcenter Blvd Ste 202 Tukwila, WA 98188-8549 To expedite your order, please attach a copy of ATTENTION: Tami Eberle -Harris this quotation to your purchase order. PHONE: 2064337150 x1153 Quote is valid from: 7/6/2021 To: 10/4/2021 EMAIL: tami.harris@tukwilawa.gov If you have made ANY alterations to the line items included in this quote and have chosen to sign the quote to indicate your acceptance, you must fax Esri the signed quote in its entirety in order for the quote to be accepted. You will be contacted by your Customer Service Representative if additional information is required to complete your request. If your organization is a US Federal, state, or local government agency; an educational facility; or a company that will not pay an invoice without having issued a formal purchase order, a signed quotation will not be accepted unless it is accompanied by your purchase order. In order to expedite processing, please reference the quotation number and any/all applicable Esri contract number(s) (e.g. MPA, ELA, SmartBuy, GSA, BPA) on your ordering document. BY SIGNING BELOW, YOU CONFIRM THAT YOU ARE AUTHORIZED TO OBLIGATE FUNDS FOR YOUR ORGANIZATION, AND YOU ARE AUTHORIZING ESRI TO ISSUE AN INVOICE FOR THE ITEMS INCLUDED IN THE ABOVE QUOTE IN THE AMOUNT OF $ , PLUS SALES TAXES IF APPLICABLE. DO NOT USE THIS FORM IF YOUR ORGANIZATION WILL NOT HONOR AND PAY ESRI'S INVOICE WITHOUT ADDITIONAL AUTHORIZING PAPERWORK. Please check one of the following: I agree to pay any applicable sales tax. I am tax exempt, please contact me if exempt information is not currently on file with Esri. Signature of Authorized Representative Date Name (Please Print) Title The quotation information is proprietary and may not be copied or released other than for the express purpose of system selection and purchase/license. This information may not be given to outside parties or used for any other purpose without consent from Environmental Systems Research Institute, Inc. (Esri). Any estimated sales and/or use tax reflected on this quote has been calculated as of the date of this quotation and is merely provided as a convenience for your organization's budgetary purposes. Esri reserves the right to adjust and collect sales and/or use tax at the actual date of invoicing. If your organization is tax exempt or pays state tax directly, then prior to invoicing, your organization must provide Esri with a copy of a current tax exemption certificate issued by your state's taxing authority for the given jurisdiction. Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program. For questions contact: Heather Glock Email: Phone: hglock@esri.com 909-793-2853 x8948 The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use document found at https://assets.esri.com/content/dam/esrisites/media/legal/product-specific-terms-of-use/e300.pdf, and your applicable signed agreement with Esri. If no such agreement covers any item quoted, then Esri's standard terms and conditions found at https://go.esri.com/MAPS apply to your purchase of that item. Federal government entities and government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri's GSA Federal Supply Schedule. Supplemental terms and conditions found at https://www.esri.com/en-us/legal/terms/state-supplemental apply to some state and local government purchases. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri's offerings. Acceptance of this quotation is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. Unless prohibited by law, the quotation information is confidential and may not be copied or released other than for the express purpose of system selection and purchase/license. The information may not be given to outside parties or used for any other purpose without consent from Esri. Delivery is FOB Origin. GLOCKH 60 This offer is limited to the terms and conditions incorporated and attached herein. Esri Use Only: Cust. Name Cust. # PO # Esri Agreement # r 1111111111 I SIMAIL,,,,IL,,, ENTERPRISE AGREEMENT COUNTY AND IISU11thIIICIII PAIL,,,,III YGOVERNIISENT (E214-1) This Agreement is by and between the organization identified in the Quotation ("Customer") and Environmental Systems Research Institute, Inc. ("Esri"). This Agreement sets forth the terms for Customer's use of Products and incorporates by reference (i) the Quotation and (ii) the Master Agreement. Should there be any conflict between the terms and conditions of the documents that comprise this Agreement, the order of precedence for the documents shall be as follows: (i) the Quotation, (ii) this Agreement, and (iii) the Master Agreement. This Agreement shall be governed by and construed in accordance with the laws of the state in which Customer is located without reference to conflict of laws principles, and the United States of America federal law shall govern in matters of intellectual property. The modifications and additional rights granted in this Agreement apply only to the Products listed in Table A. Talbllle A II,,,,,liist of Products Uncapped Quantities Desktop Software and Extensions (Single Use) ArcGIS Desktop Advanced ArcGIS Desktop Standard ArcGIS Desktop Basic ArcGIS Desktop Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst, ArcGIS Publisher, ArcGIS Network Analyst, ArcGIS Schematics, ArcGIS Workflow Manager, ArcGIS Data Reviewer Enterprise Software and Extensions ArcGIS Enterprise and Workgroup (Advanced and Standard) ArcGIS Monitor ArcGIS Enterprise Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst, ArcGIS Network Analyst, ArcGIS Schematics, ArcGIS Workflow Manager Enterprise Additional Capability Servers ArcGIS Image Server Developer Tools ArcGIS Engine ArcGIS Engine Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Engine Geodatabase Update, ArcGIS Network Analyst, ArcGIS Schematics ArcGIS Runtime (Standard) ArcGIS Runtime Analysis Extension Limited Quantities One (1) Professional subscription to ArcGIS Developer Two (2) ArcGIS CityEngine Single Use Licenses 50 ArcGIS Online Viewers 50 ArcGIS Online Creators 10,000 ArcGIS Online Service Credits 50 ArcGIS Enterprise Creators 2 ArcGIS Insights in ArcGIS Enterprise 2 ArcGIS Insights in ArcGIS Online 5 ArcGIS Tracker for ArcGIS Enterprise 5 ArcGIS Tracker for ArcGIS Online 2 ArcGIS Parcel Fabric User Type Extensions (Enterprise) 2 ArcGIS Utility Network User Type Extensions (Enterprise) OTHER BENEFITS Number of Esri User Conference registrations provided annually 2 Number of Tier 1 Help Desk individuals authorized to call Esri 2 Maximum number of sets of backup media, if requested* 2 Five percent (5%) discount on all individual commercially available instructor -led training classes at Esri facilities purchased outside this Agreement *Additional sets of backup media may be purchased for a fee Page 1 of 6 September 25, 2020 61 Customer may accept this Agreement by signing and returning the whole Agreement with (i) the Quotation attached, (ii) a purchase order, or (iii) another document that matches the Quotation and references this Agreement ("Ordering Document"). ADDITIONAL OR CONFLICTING TERMS IN CUSTOMER'S PURCHASE ORDER OR OTHER DOCUMENT WILL NOT APPLY, AND THE TERMS OF THIS AGREEMENT WILL GOVERN. This Agreement is effective as of the date of Esri's receipt of an Ordering Document, unless otherwise agreed to by the parties ("Effective Date"). Term of Agreement: Two (2) years, January 16, 2022 - January 15, 2024 This Agreement supersedes any previous agreements, proposals, presentations, understandings, and arrangements between the parties relating to the licensing of the Products. Except as provided in Article 4— Product Updates, no modifications can be made to this Agreement. Accepted and Agreed: City of Tukwila (Customer) By: Authorized Signature Printed Name: Title: Date: CUSTOMER CONTACT IIINF'ORMATIIION Contact: Telephone: Address: Fax: City, State, Postal Code: E-mail: Country: Quotation Number (if applicable): Page 2 of 6 September 25, 2020 62 „0,,,,,,,,,,,,,,,Air it a nOiNAu..... Ilf; I FINI nOiNs In addition to the definitions provided in the Master Agreement, the following definitions apply to this Agreement: "Case” means a failure of the Software or Online Services to operate according to the Documentation where such failure substantially impacts operational or functional performance. "Deploy", "Deployed" and "Deployment" mean to redistribute and install the Products and related Authorization Codes within Customer's organization(s). "Fee" means the fee set forth in the Quotation. "Maintenance" means Tier 2 Support, Product updates, and Product patches provided to Customer during the Term of Agreement. "Master Agreement" means the applicable master agreement for Esri Products incorporated by this reference that is (i) found at https://www.esri.com/en- us/legal/terms/full-master-agreement and available in the installation process requiring acceptance by electronic acknowledgment or (ii) a signed Esri master agreement or license agreement that supersedes such electronically acknowledged master agreement. "Product(s)" means the products identified in Table A—List of Products and any updates to the list Esri provides in writing. "Quotation" means the offer letter and quotation provided separately to Customer. "Technical Support" means the technical assistance for attempting resolution of a reported Case through error correction, patches, hot fixes, workarounds, replacement deliveries, or any other type of Product corrections or modifications. "Tier 1 Help Desk" means Customer's point of contact(s) to provide all Tier 1 Support within Customer's organization(s). "Tier 1 Support" means the Technical Support provided by the Tier 1 Help Desk. "Tier 2 Support" means the Esri Technical Support provided to the Tier 1 Help Desk when a Case cannot be resolved through Tier 1 Support. 2.. ADDu lOiNAu..... GRANT OF Il,,,,,,uciENsiE 2.1 Grant of License. Subject to the terms and conditions of this Agreement, Esri grants to Customer a personal, nonexclusive, nontransferable license solely to use, copy, and Deploy quantities of the Products listed in Table A—List of Products for the Term of Agreement (i) for the applicable Fee and (ii) in accordance with the Master Agreement. 2.2 Consultant Access. Esri grants Customer the right to permit Customer's consultants or contractors to use the Products exclusively for Customer's benefit. Customer will be solely responsible for compliance by consultants and contractors with this Agreement and will ensure that the consultant or contractor discontinues use of Products upon completion of work for Customer. Access to or use of Products by consultants or contractors not exclusively for Customer's benefit is prohibited. Customer may not permit its consultants or contractors to install Software or Data on consultant, contractor, or third -party computers or remove Software or Data from Customer locations, except for the purpose of hosting the Software or Data on Contractor servers for the benefit of Customer. 1.0—TERM, AND IIf;;;;IxRIRA ION 3.1 Term. This Agreement and all licenses hereunder will commence on the Effective Date and continue for the duration identified in the Term of Agreement, unless this Agreement is terminated earlier as provided herein. Customer is only authorized to use Products during the Term of Agreement. For an Agreement with a limited term, Esri does not grant Customer an indefinite or a perpetual license to Products. 3.2 No Use upon Agreement Expiration or Termination. All Product licenses, all Maintenance, and Esri User Conference registrations terminate upon expiration or termination of this Agreement. 3..3 Termination for a Material Breach. Either party may terminate this Agreement for a material breach by the other party. The breaching party will have thirty (30) days from the date of written notice to cure any material breach. 3.4 Termination for Lack of Funds. For an Agreement with government or government - Page 3 of 6 September 25, 2020 63 owned entities, either party may terminate this Agreement before any subsequent year if Customer is unable to secure funding through the legislative or governing body's approval process. 3.5 Follow-on Term. If the parties enter into another agreement substantially similar to this Agreement for an additional term, the effective date of the follow-on agreement will be the day after the expiration date of this Agreement. 4,0-111)RoDucT UPDATES 4„1 Future Updates. Esri reserves the right to update the list of Products in Table A—List of Products by providing written notice to Customer. Customer may continue to use all Products that have been Deployed, but support and upgrades for deleted items may not be available. As new Products are incorporated into the standard program, they will be offered to Customer via written notice for incorporation into the Products schedule at no additional charge. Customer's use of new or updated Products requires Customer to adhere to applicable additional or revised terms and conditions in the Master Agreement. 4„2 Product Life Cycle. During the Term of Agreement, some Products may be retired or may no longer be available to Deploy in the identified quantities. Maintenance will be subject to the individual Product Life Cycle Support Status and Product Life Cycle Support Policy, which can be found at https://support.esri.com/en/other- resources/product-life-cycle. Updates for Products in the mature and retired phases may not be available. Customer may continue to use Products already Deployed, but Customer will not be able to Deploy retired Products. The Fee includes standard maintenance benefits during the Term of Agreement as specified in the most current applicable Esri Maintenance and Support Program document (found at https://www.esri.com/en- us/legal/terms/maintenance). At Esri's sole discretion, Esri may make patches, hot fixes, or updates available for download. No Software other than the defined Products will receive Maintenance. Customer may acquire maintenance for other Software outside this Agreement. a. 'Tiler 1 Su pp rt 1. Customer will provide Tier 1 Support through the Tier 1 Help Desk to all Customer's authorized users. 2. The Tier 1 Help Desk will be fully trained in the Products. At a minimum, Tier 1 Support will include those activities that assist the user in resolving how-to and operational questions as well as questions on installation and troubleshooting procedures. 4. The Tier 1 Help Desk will be the initial point of contact for all questions and reporting of a Case. The Tier 1 Help Desk will obtain a full description of each reported Case and the system configuration from the user. This may include obtaining any customizations, code samples, or data involved in the Case. 5. If the Tier 1 Help Desk cannot resolve the Case, an authorized Tier 1 Help Desk individual may contact Tier 2 Support. The Tier 1 Help Desk will provide support in such a way as to minimize repeat calls and make solutions to problems available to Customer's organization. Tier 1 Help Desk individuals are the only individuals authorized to contact Tier 2 Support. Customer may change the Tier 1 Help Desk individuals by written notice to Esri. b„ Tier 2 Su pp irrt 1. Tier 2 Support will log the calls received from Tier 1 Help Desk. 2. Tier 2 Support will review all information collected by and received from the Tier 1 Help Desk including preliminary documented troubleshooting provided by the Tier 1 Help Desk when Tier 2 Support is required. Tier 2 Support may request that Tier 1 Help Desk individuals provide verification of information, additional information, or answers to additional questions to Page 4 of 6 September 25, 2020 64 supplement any preliminary information gathering or troubleshooting performed by Tier 1 Help Desk. 4. Tier 2 Support will attempt to resolve the Case submitted by Tier 1 Help Desk. 5. When the Case is resolved, Tier 2 Support will communicate the information to Tier 1 Help Desk, and Tier 1 Help Desk will disseminate the resolution to the user(s). 6„0,,,,,,,,,,,,,,,,II1;;;;NDOiPsir:::mir:::ruT AND PUiB......ucu.ry This Agreement will not be construed or interpreted as an exclusive dealings agreement or Customer's endorsement of Products. Either party may publicize the existence of this Agreement. III iw:: QUIIiBiw::::Miw::: N Ts 7'„1 OEM Licenses. Under Esri's OEM or Solution OEM programs, OEM partners are authorized to embed or bundle portions of Esri products and services with their application or service. OEM partners' business model, licensing terms and conditions, and pricing are independent of this Agreement. Customer will not seek any discount from the OEM partner or Esri based on the availability of Products under this Agreement. Customer will not decouple Esri products or services from the OEM partners' application or service. 7.2 Annual Report of Deployments. At each anniversary date and ninety (90) calendar days prior to the expiration of this Agreement, Customer will provide Esri with a written report detailing all Deployments. Upon request, Customer will provide records sufficient to verify the accuracy of the annual report. AIDMIINIIsTRAruvir:::. PROCEDURES, DiEII......uvir:: RY, AND DEPIDYMENT t Orders, Delivery, and Deployment a. Upon the Effective Date, Esri will invoice Customer and provide Authorization Codes to activate the nondestructive copy protection program that enables Customer to download, operate, or allow access to the Products. If this is a multi-year Agreement, Esri may invoice the Fee up to thirty (30) calendar days before the annual anniversary date for each year. b. Undisputed invoices will be due and payable within thirty (30) calendar days from the date of invoice. Esri reserves the right to suspend Customer's access to and use of Products if Customer fails to pay any undisputed amount owed on or before its due date. Esri may charge Customer interest at a monthly rate equal to the lesser of one percent (1.0%) per month or the maximum rate permitted by applicable law on any overdue fees plus all expenses of collection for any overdue balance that remains unpaid ten (10) days after Esri has notified Customer of the past -due balance. c. Esri's federal ID number is 95-2775-732. d. If requested, Esri will ship backup media to the ship -to address identified on the Ordering Document, FOB Destination, with shipping charges prepaid. Customer acknowledges that should sales or use taxes become due as a result of any shipments of tangible media, Esri has a right to invoice and Customer will pay any such sales or use tax associated with the receipt of tangible media. 2 Order Requirements. Esri does not require Customer to issue a purchase order. Customer may submit a purchase order in accordance with its own process requirements, provided that if Customer issues a purchase order, Customer will submit its initial purchase order on the Effective Date. If this is a multi-year Agreement, Customer will submit subsequent purchase orders to Esri at least thirty (30) calendar days before the annual anniversary date for each year. a. All orders pertaining to this Agreement will be processed through Customer's centralized point of contact. b. The following information will be included in each Ordering Document: (1) Customer name; Esri customer number, if known; and bill -to and ship -to addresses (2) Order number (3) Applicable annual payment due Page 5 of 6 September 25, 2020 65 9,, ,,,,,,,,,,,,,,,,m iw::::iRG,iw:: Rs, AcQu is I TIONS, OR Divw::::srrruyRw: S If Customer is a commercial entity, Customer will notify Esri in writing in the event of (i) a consolidation, merger, or reorganization of Customer with or into another corporation or entity; (ii) Customer's acquisition of another entity; or (iii) a transfer or sale of all or part of Customer's organization (subsections i, ii, and iii, collectively referred to as "Ownership Change"). There will be no decrease in Fee as a result of any Ownership Change. 9.1 If an Ownership Change increases the cumulative program count beyond the maximum level for this Agreement, Esri reserves the right to increase the Fee or terminate this Agreement and the parties will negotiate a new agreement. 9.2 If an Ownership Change results in transfer or sale of a portion of Customer's organization, that portion of Customer's organization will transfer the Products to Customer or uninstall, remove, and destroy all copies of the Products. 9.3 This Agreement may not be assigned to a successor entity as a result of an Ownership Change unless approved by Esri in writing in advance. If the assignment to the new entity is not approved, Customer will require any successor entity to uninstall, remove, and destroy the Products. This Agreement will terminate upon such Ownership Change. Page 6 of 6 September 25, 2020 66 Vp '11M1 4,0 AORiiiHa COUNCIL AGENDA SYNOPSIS Initials fleeting Date Prepared by Mayor's review Council review 11/15/21 JR ITEM INFORMATION ITEM No. 4.G. 67 STAFF SPONSOR: SCOTT BATES ORIGINAL AGENDA DATE: 11/15/21 AGENDA ITEM TITLE Neighborhood Traffic Calming Program Project Update CATEGORY ❑ Discussion Mtg Date Motion Date 11/15/21 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date a Mtg SPONSOR ❑Council ❑Mayor HR ❑DCD ❑Finance ❑Fire TS ❑PcR ❑Police aPiW ❑Court SPONSOR'S At the October 18, 2021 Council Meeting, $500,000 in ARPA funding was allocated for 2021 SUNLVARY and 2022 to the NTCP program. The 2021 funding will allow the purchase of radar driver feedback signs and Rapid Flashing Beacon Crosswalk systems where needed. For 2022, staff is proposing to utilize the Top -10 NTCP Projects list to identify and implement traffic calming projects and treatments within the allocated funding. Council is being asked to approve the Neighborhood Traffic Calming Program planned expenditures for 2021. REVIEWED BY 0 Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dev. ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: VERNA SEAL ❑ LTAC DATE: 11/08/21 RECOMMENDATIONS: SPONSOR/ADMIN. COMMII Public Works Department Approval; Forward to Regular Consent Agenda IEE Unanimous COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $90,803.47 $100,000.00 $0.00 Fund Source: Comments: 2021-2026 CIP, Page 2 MTG. DATE RECORD OF COUNCIL ACTION 11/15/21 MTG. DATE ATTACHMENTS 11/15/21 Informational Memorandum dated 11/05/21 2021-2026 CIP, Page 2 NTCP Priority Projects List NTCP Priority Projects Map Traffic Logix Quote Western Systems Quote Committee minutes for Transportation and Infrastructure distributed under separate cover. 67 68 City of Tuk D porfmtn aro' Pa it b, ' or/City "n INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Services Committee FROM: Hari Ponnekanti, Public Works Director/ City Engineer BY: Cyndy Knighton, Senior Program Manager Scott Bates, Traffic Engineering Project Manager CC: Mayor Ekberg DATE: November 5, 2021 SUBJECT: Neighborhood Traffic Calming Program Project Update Project No. 82110301 Ekberg „ yo ISSUE To bring forward Neighborhood Traffic Calming Program (NTCP) expenditures for 2021 and proposed projects for 2022. BACKGROUND At the October 18, 2021 Council Meeting, $100,000 in American Rescue Plan Act (ARPA) funding was allocated to the NTCP program for 2021 and an additional $400,000 was allocated for 2022. Staff are presenting a detailed update on the status of the program and proposed projects for 2021 and 2022. DISCUSSION Staff proposes to use the 2021 funding to make purchases of ten Radar Driver Feedback signs plus two portable Radar Driver Feedback signs, and two Rectangular Rapid Flashing Beacon Crosswalk systems (RRFB). The radar signs will be utilized at five locations on the NTCP priority list (typically one for each direction). The two portable radar signs will be used as temporary deployments as needed. The RRFB systems will be used at the two existing crosswalks on S.124th Street near the Tukwila Community Center (additional design and construction costs will be required in 2022 for the RRFB installation). For 2022, staff is still proposing to utilize the Top -10 NTCP Projects list (attached) to identify and implement traffic calming projects and treatments within the allocated funding. The top ten projects were discussed in the August 23, 2021 TISC meeting, and due to feedback from public comments an additional project was added — the Macadam Road South Sidewalk Improvements project. A grant application has been submitted to the Transportation Improvement Board's Sidewalk Program for funding for the Macadam Road South. Staff will continue to bring updates quarterly to the Transportation and Infrastructure Committee. FINANCIAL IMPACT Cost Estimates Traffic Logix Radar signs $46,682.40 Western Systems RRFB units 26,414.68 Speed Cushions & Signs (previous purchase) 17,706.39 Total $90,803.47 2021 Budget $100,000 RECOMMENDATION Council is being asked to approve the Neighborhood Traffic Calming Program (NTCP) planned expenditures for 2021 and consider this item on the Consent Agenda at the November 15, 2021 Regular Meeting. ATTACHMENTS: Page 2, 2021 CIP NTCP Priority Projects List NTCP Priority Projects Map Traffic Logix Quote Western Systems Quote 69 70 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2021 to 2026 PROJECT: Traffic Calming/Residential Safety Improvements Project No. 8xx10301 Programmatic approach to addressing neighborhood traffic concerns through a variety of methods. DESCRIPTION: Residential street improvements with sidewalks, safety improvements, and bike facilities. JUSTIFICATION: Neighborhood revitalization by improving residential streets. STATUS: Future candidates are listed in the citywide comprehensive update and safety -based prioritization of residential street improvements, sidewalks, and bike lanes. MAINT. IMPACT: Varies, depends on treatment(s) used. COMMENT: Residential improvements and traffic calming features to reduce speeds and improve pedestrian and bicycle safety such as the speed cushions, RRFB crossings, LED enhanced signs, Radar driver feedback signs, etc. FINANCIAL Through Estimated (in $000's) 2019 2020 2021 2022 2023 2024 2025 2026 BEYOND TOTAL EXPENSES Design 63 50 113 Land (RNV) 0 Const. Mgmt. 37 37 Construction 148 0 148 TOTAL EXPENSES 248 50 0 0 0 0 0 0 0 298 FUND SOURCES Awarded Grant 0 Proposed Grant 0 Mitigation Actual 0 Mitigation Expected 0 City Oper. Revenue 248 50 0 0 0 0 0 0 0 298 TOTAL SOURCES 248 50 0 0 0 0 0 0 0 298 2021 - 2026 Capital Improvement Program 2 71 72 Staff Top -10 Recommended NTCP Projects Modified 11/2/2021 73 Project Details Potential Treatment Options Estimated Cost Range A Allentown Neighborhood Speed and Since 2018, five individual requests for traffic calming have been recorded in the NTCP list of requests; however, traffic complaints have Safety Study been made to the City over prior years. Addressing traffic safety concerns in Allentown is a top priority for the City. Study neighborhood -wide volume, speed, classification and safety issues. Design plan for Level 1 and Level 2 treatments throughout Allentown. Level 1: Improved signage; radar feedback signs; pavement marking modifications Level 2: Curb extensions $50,000-80,000 B Tukwila Elementary School Safety Since 2018, 12 traffic calming requests have been made in the Cascade View neighborhood, with a significant number of them near Tukwila Improvements Elementary School. Common complaints have been over speeding and crosswalk or pedestrian safety. Additionally, the Council has asked for proactively addressing or anticipating concerns, specifically around school zones. Some improvements have been made around Tukwila Elementary School already but more improvements are needed. Address speeding and crosswalk safety concerns. Level 1: Improved signage; radar feedback signs; pavement marking modifications $30,000-80,000 Level 2: Curb extensions; RRFB installation; ADA ramp upgrades; improved illumination C Impact Charter School Safety A request specific to the newly opened Impact Charter School was received in 2019. The request was to provide a signed school zone, which Improvements Tukwila has provided along with signs marking school crossings on S 148th Street. ADA -compliant ramps have not been installed at the marked school crossings. The charter school has expanded their site to the north with a need for consideration of a school zone on S 146th Street and other potential improvements for children's safety. Additionally, the Council has asked for proactively addressing or anticipating concerns, specifically around school zones. Provide school crossing improvements, establish school zone on S 146th Street, if needed. Provide school crossing improvements, observe operating speeds, if necessary establish speed zone. Level 1: Improved signage for school zones on S 148th Street and S 146th Street; crosswalk installation Level 2: ADA ramp improvements; curb extensions $8,000-15,000 D Cascade View Elementary School Safety Since 2018, the Tukwila Hill neighborhood has seen 9 requests for traffic calming. Four of the locations are around the speeding, school Improvements crossing and pedestrian safety around the Cascade View Elementary School. 85th Percentile speeds of "30MPH in the 25MPH zones have been recorded, but analysis to separate whether the speeding is even more than the posted school zone has not been done. Additionally, the Council has asked for proactively addressing or anticipating concerns, specifically around school zones. Upgrade School Zone signing, design and install pedestrian crossing improvements. Level 1: Improved signage for school zones on S 148th Street and S 146th Street; crosswalk installation $8,000-15,000 Level 2: ADA ramp improvements; curb extensions E Tukwila Community Center Pedestrian The City Council has expressed desire for the NTCP to have a proactive element in addressing traffic calming and safety needs throughout Crossing Safety Improvements the City. The TCC is a well -utilized facility by the Allentown neighborhood as well as the entire City and surrounding area. Concerns over the pedestrian crossings on S 124th Street have been raised by staff and residents in the past, along with the larger complaints of speeding in Allentown. Increasing pedestrian visibility to improve safety in this high -use area is a recommended top priority for the NTCP. Design and install mid -block pedestrian safety improvements on S 124th Street. Level 1: Improve pedestrian crossing signage Level 2: RRFB installations; upgrade ADA ramps; curb extensions; improved illumination $80,000-100,000 F Macadam Road Speed and Safety At least five requests for traffic calming, specific to speeding (and some secondary reasons) have been made since 2018. A radar feedback Improvements sign was placed near the 13700 block in 2019 but requests have continued to be made. Additional analysis is warranted to determine what other improvements could be used to address the speeding especially where Macadam has extremely limited sight distance due to the curvy nature of the roadway. Design and install treatments addressing speeding and curve safety north of S 144th Street. Level 1: Improved signage; LED chevron signs; channelization modifications $10,000 - 30,000 Level 2: G Southcenter Boulevard/65th Avenue S Staff identified the need for improvement pedestrian safety at this location several years ago. Southcenter Boulevard is a 5 -lane roadway Pedestrian Safety Improvements with known speeding issues along with curves that restrict sight distance. A high pedestrian usage at this intersection accessing the King County Metro bus stop that services both the Rapid Ride F -Line and Route 150, both workhorses of the south County transit network, justifies improving pedestrian crossing safety. This intersection is slated for full signalization in the future, but interim pedestrian safety improvements should be considered sooner. Design and install pedestrian safety improvements Level 1: Improved signage for pedestrian crossing $50,000-$90,000 Level 2: RRFB installation; ADA ramp upgrades; improved illumination H City-wide Residential Speed Limit Review As part of the City Council's expressed desire to proactively look at traffic calming needs, a full review of the residential street posted speed limits is recommended by staff. State law establishes city speed limits at 25MPH unless an engineering study is completed to justify higher speed limits. Most residential streets are posted at 25MPH today, but there are many that are posted at 30MPH or 35MPH. Likely, those speed limits are legacies of past annexation areas, where a speed study was completed by King County. The general impression Staff has is that most residents and elected officials would be happier with lower speed limits. City of Seattle has also recently lowered all speed limits nearly city-wide to be 25MPH. Identify residential streets with speed limits currently above 25MPH. Conduct volume, speed and safety review. Level 1: Modify speed limit ordinance; as needed; install new signs; as needed. $5,000-8,000 Recommend changes to speed limits, as necessary. Level 2: I S Ryan Way Pedestrian Safety Two requests for traffic calming to address speeding and pedestrian crossing safety in the Ryan Hill area have been made in 2021. New Improvements developments are coming forward that will increase the residential population of this part of the City with multi -family developments. The speed concerns, especially along S Ryan Way, coupled with the new housing developments increasing the likelihood of increased pedestrian activity, warrants this analysis be recommended as a top priority. Safety study on S Ryan Way from MLK Jr. Way to east city limits, focusing on speeding and pedestrian safety. Level 1: Improved signage Level 2: Curb extension, improved illumination $10,000-100,000 Recommend Level 1 and Level 2 improvements. Design and construct improvements. J S 144th Street/46th Avenue S ADA Ramps The Tukwila School District requested school crossing safety improvements at this intersection in 2017. A new Rectangular Rapid Flashing Beacon was installed in early 2019. At the time the RRFB was installed, the City was also submitting a grant application for the 46th Avenue S Safe Routes to School project, which would improve pedestrian safety between this intersection south to S 150th Street, and would include either a raised pedestrian crosswalk at the RRFB or install ADA -compliant curb ramps. The grant was not awarded. State law requires ADA ramps be brought up to current standards anytime a new signal, including the RRFB, is installed. Since grant monies for the larger improvement are not expected in the short term, staff recommends this as a priority to comply with all state and federal laws regarding Americans with Disabilities Act requirements. Design and install ADA -compliant ramps at the intersection. Level 1: Level 2: ADA upgrades to ramps at RRFB (not done at time of RRFB installation due to budget constraints) $15,000-20,000 K PROPOSED The City's watermain replacement project along Macadam Road between Southcenter Boulevard and S 144th Street has been on the City's Macadam Road S Watermain/Sidewalk work plan for several years. In 2020, staff was directed to design the sidewalks for the missing sections along the east side of the road. In Improvements Project summer of 2021, the City submitted an application to the Transportation Improvement Board Pedestrian Safety grant as a way to fund the construction of the sidewalks. Grant awards will be announced on or after November 19, 2021. The current plan is to advertise for construction on November 29, 2021 with construction to begin in 2022. If the grant is not awarded to the City, funding for the sidewalk construction is proposed to come from the 2022 NTCP budget. (Project added 11/2021) Construct new sidewalks to complete gaps in the system, including ADA compliant ramps at intersection Level 1: Level 2: Sidewalk construction with ADA compliant ramps $240,000-345,000 Total Cost Range $506,000 - 822,000 73 74 Ereg MEM IN MIMEO' Sf S 112th St 5 113th St 6th St Li ('RIE,% 51205 PI oe 5 2455 m 1 1265 St. 1 i 6th MAMMA mll ,9 City-wide 6 "olmnrrpm; inmuu S 485 St 5 152nd St Vy S \�S15'�ma4i S 152nd St tl iia ou5ce S 52nd PI 5 St. Pkw.r.. iia S 160th 59th Strand er BI d 1685 St z Wig Blvd Corporate Dr N Cv porat- Dr M�nkler Bli d� Stickle Upland Dr Midland D Costco Dr SE Triland Dr Segale Park D D Q mV 7 l S 200th S ®®O t St KE! V' T City of Tukwila Top 10 Staff Recommended NTCP Projects Modified November 2021 W N S Not to Scale E Vicinity Map U:\PW Eng\GIS\General Maps\Streets_11x17_Sept2018.mxd Date: 09/09/18 By: R. Linsao Disclaimer: The location of features and boundaries are approximate and are intended for reference only. Data is based on best information available. 76 TRAFFIC Traffic Logix Corporation 3 Harriett Lane Spring Valley, NY 10977 USA Tel: (866) 915-6449 Fax: (844) 405-6449 www.trafficlogix.com. Contact: Scott Bates Phone: (206) 431-2193 Email: scott.bates@tukwilawa.gov Shipping Address: 6200 Southcenter Boulevard Tukwila, Washington 98188 United States QUOTATION Page I 1 Quote Number QUO-16991-Z7W5Y0 Created Date 10/26/2021 Expiration Date 11/26/2021 Prepared by Brett Ferrin City of Tukwila, WA Standard Features (Included) — Evolution Signs • The Evolution radar feedback signs come with 1 year of unlimited cloud access. At the end of this 12 month period the customer has the option to either renew the cloud at a cost of $400 per sign or resort back to a Bluetooth option at no cost. • Sign powers down when no traffic present • Programmable Speed Violator Flashing Strobe Light • Ambient Light Sensor and Automatic Brightness adjustment • Banding Mount Bracket • Safe Pace Management Software • Bluetooth Special Notes Sourcewell Contract # 070821-LGX City of Tukwila vendor I D# 37531 Quote Line Items — All Prices shown are in $USD Product Product Code Quantity Sales Price Total Price Evolution 15 Solar - Full Matrix - Includes UMB EV15FMEYL-SOLLA 10.00000 $3,500.00 $35,000.00 Radar sign dolly for mobile radar sign use SPDolly 2.00000 $800.00 $1,600.00 Evolution 12 Solar - Full Matrix - Inc. Solar panel and battery EV12FMEYL-SOLLA 2.00000 $2,900.00 $5,800.00 Totals Subtotal Freight Sales Tax Grand Total $42,400.00 Included $4,282.40 $46,682.40 77 TRAFFIC Traffic Logix Corporation 3 Harriett Lane Spring Valley, NY 10977 USA Tel: (866) 915-6449 Fax: (844) 405-6449 www.trafficlogix.com. Page 12 Quote Number QUO-16991-Z7W5Y0 Created Date 10/26/2021 Expiration Date 11/26/2021 Prepared by Brett Ferrin Terms: 1% - 10 Days - Net 30 We also accept: MC - VISA - AMEX IF TAX EXEMPT: Please Provide Tax Exempt Certificate with Order Delivery Requirements Please Indicate the availability of the following as this determines the freight costs: 1. Do You have a Loading Dock? - Yes/No 2. Do you have a Fork Lift and Pallet Jack to unload? - Yes/No 3. Can access be gained by a 53 foot truck for delivery? - Yes/No 4. Is the delivery address a Construction site? - Yes/No 5. Is the delivery address a Military site? - Yes/No 6. If shipping to Military site, is a U.S. Driver required? - Yes/No Quote Acceptance Information Signature Name Title Date Thank you for choosing Traffic Logix. Please sign and return to: bferrin@trafficlogix.com Brett Ferrin North America Sales Manager (801) 391-8784 Please complete to set up new account: Ih. Ips. JjtrafficVogpx com.fib.siness-ap.IpVica.tioin-formi 78 1111 11111 41111 Systems Ernic)vi°tragi it ns rtori0 oii r (.7) s 1122 Industry Street, Bldg. B, Everett, WA 98203 Phone: (425) 438-1133 I Fax: (425) 438-1585 Quotation Date Quote # Rev # 11/01/21 Q-06652 Project Agency: Carmanah RRFBs (AC/Solar Mix) City of Tukwila Prepared For: Part # To place an order: Contact: Scott Bates Phone: (206) 431-2193 Company: City of Tukwila Email: scott.bates@tukwilawa.gov Address: Attn: Accounts Payable600 Minkler Boulevard City/State: Tukwila, WA 98188 Contact: Jason Spencer Phone: +1 5039793042 Fax: (425) 438-1585 Email: jspencer@westernsystems-inc.com *This order is subject to the terms & conditions Qty Part # Description 2.00 8530030054 CONTROL CABINET (SC315-G) AC, NATURAL FINISH 4.00 8530080115 LIGHTBAR WITH CONFIRMATION LIGHTS (INCLUDES UNIVERSAL MOUNTING BRACKET) (BLACK) 4.00 8530080117 HARNESS,16FT, TERMINAL BLOCK TO LIGHT BAR, RRFB, SC315, TPE 2.00 7220083901 PUSHBUTTON iNX XWALK PPB W/9X12 R10-25 SIGN, NO BRAILLE, STANDARD MESSAGE, BLACK (NO CONTROLLER REQUIRED) 2.00 8530038027 HARNESS, 16FT, POLARA iNX OR CAMPBELL GUARDIAN BUTTON,G- SERIES 2.00 8530030050 CONTROL CABINET (SC315-G) SOLAR, NATURAL FINISH 2.00 8530010300 BATTERY 35AH 2.00 8530010290 20 WATT SOLAR PANEL 2.00 8530010295 SIDE OF POLE MOUNT FOR 20 & 50 WATT SOLAR PANELS 2.00 8530010289 SOLAR PANEL HARNESS, MC4 TO SPADE TERMINALS, 8' 4.00 8530080115 LIGHTBAR WITH CONFIRMATION LIGHTS (INCLUDES UNIVERSAL MOUNTING BRACKET) (BLACK) 4.00 8530080117 HARNESS,16FT, TERMINAL BLOCK TO LIGHT BAR, RRFB, SC315, TPE 2.00 7220083901 PUSHBUTTON iNX XWALK PPB W/9X12 R10-25 SIGN, NO BRAILLE, STANDARD MESSAGE, BLACK (NO CONTROLLER REQUIRED) 2.00 8530038027 HARNESS, 16FT, POLARA iNX OR CAMPBELL GUARDIAN BUTTON,G- SERIES 1.00 Bundle - Pelco 4.00 7520010380 POLE SPUN ALUMINUM 4-1/2" SCHEDULE 40 14' LENGTH 4.00 7520030030 PEDESTAL BASE ALUMINUM SQUARE WITH ALUMINUM DOOR NO LOGO, 4.00 7520030200 COLLAR ASSEMBLY ALUMINUM FOR SQUARE BASE 4.00 7520040030 ANCHOR BOLT KIT 3/4" #10, SET OF (4) GALVANIZED 4.00 7520050110 POLE CAP DOME 4-1/2" OD ALUMINUM 8.00 7710030022 SIGN (CROSSING WALKING MAN) 36" X 36" FLUORESCENT YELLOW GREEN 3M VIP SERIES 3983 (W11-2) .080 ALUMINUM 4.00 7710030042 SIGN (ARROW) 18" X 30" FLUORESCENT YELLOW GREEN 3M VIP SERIES 3983 (W16- 7PL) LEFT DOWN ARROW (W16-7PL) .080 ALUMINUM 1 of 4 79 4.00 7710030047 SIGN (ARROW) 18" X 30" FLUORESCENT YELLOW GREEN 3M VIP SERIES 3983 (W16- 7PR) RIGHT DOWN ARROW (W16-7PR) .080 ALUMINUM Terms: Net 30 Freight Terms: FOB DstFrt PP&ADD Material Lead Time: 80 See General Conditions below for exceptions and changes to freight and lead time policies 2 of 4 Subtotal Shipping Tax 10.10% Grand Total $24,414.68 $0.00 $2,465.88 $26,880.56 All information contained within this quote is valid for 30 days from the date of the quotation. Thereafter, all prices and applicable charges are subject to change. The acceptance of this quotation implies the acceptance of the following terms and conditions which cannot be varied or waived except by express written authorization by a Western Systems representative. These terms govern the sale of goods and services supplied by Western Systems. Differing terms from Buyer in any purchase order or written communication shall not be binding on Western Systems. 'TER MS A RID CON ID II”r II 0 NS Purchase Order: All purchases require a formal purchase order. Emails or verbal communication does not constitute an acceptable purchase order. Material lead time date is based after the release of the order. During the Covid-19 outbreak, Western Systems lead time dates will be estimates based on our best information available. Clarification on Shipping During Covid-19; FOB Destination and FOB Destination, Prepay & Add terms as quoted imply that the customer will be available to receive material deliveries. Any repeated delivery attempts, trucking reroutes, en -route cancellations or product factory returns which incur additional shiping costs shall be billed to the customer will be passed onto the purchaser. Taxes/Fees: Unless current resale certificate is on file with Western Systems, purchaser shall be responsible for all tariffs, duties, sales or use taxes in addition to the quoted prices herein. Any taxes listed are estimated totals and should be verified against local requirements. Payment Terms are based on approval of credit. Western Systems imposes a surcharge of 2% on the transaction amounts when paying with a Visa or MasterCard. We are unable to accept other credit cards for payment options. All prices are quotes in USD funds. Non -Payment Penalties: If payment has not been received within terms, the purchaser will be considered in default. Western Systems will be entitled, without prejudice to our other rights, without serving notice of default, to charge the purchaser for all costs incurred such as administration, storage, legal advice etc. The unpaid portion of any amount due to Western Systems will bear interest at the rate of 1.5% per month simple interest. Western Systems reserves the right to hold goods until customer balances their account. Western Systems will not be subject to any project retainage of any kind. Material purchases are due and payable upon receipt. Unpaid balances will be subject to Non -Payment Penalties. Collections: Upon Buyer default of these terms, Western Systems may, in addition to any other rights or remedies at contract or law, declare the entire balance of Buyer's account immediately due and payable. If unpaid balance is referred for collections, Buyer agrees to pay Western Systems, to the extent permitted by law, reasonable attorney fees in addition to all damages otherwise available, plus any court costs or expenses incurred by Western Systems, plus any finance charges accrued on any unpaid balance owed by Purchaser. Deferment or Cancellation Policy: Order deferment or cancellation once materials have been released will be subject to cancellation and/or restocking fees. Documentation: Any operational documentation supplied as a part of this quotation remains the property of Western Systems and may not be copied, reproduced, transmitted or communicated to 3rd parties without the express written consent of Western Systems. On -Site Services: On-site services such as signal or video system turn -on support shall be scheduled three weeks in advance. If services need to be cancelled or postponed, any non -reimbursable travel expenses will be billed to purchaser. This quotation does not provide nor imply any on-site support services unless mentioned specifically herein. If on-site support services are required, and not included as part of this proposed scope of work, please contact Western Systems for a revised quotation. Warranty: Standard one-year warranty on material goods manufactured or supplied by Western Systems from the date of manufacturers factory shipment, unless superseded by an additional manufacturer's warranty, provided such goods are maintained and operated in accordance with manufacturers standard method of operation. For additional information on Western Systems warranty, please send an email to info@westernsystems-inc.com. Return and Restocking Policy: Western Systems will be the sole source in determining whether any item is eligible for return. To be eligible the item(s) must be standard product models, new and unused, in the original packaging, and invoiced within the last 90 days. Restocking fees are applied to all returns and can vary between 20-50% based on annual sales activity. In no case will Western Systems be obligated to take returns for materials, including items that are obsolete, custom orders, or past the 90 -day invoice period. 3 of 4 81 Delivery Inspection: All materials deliveries must be inspected upon receipt from freight carrier. Any freight damages must be reported to the carrier at the time of receipt of goods. Any materials shortages or inaccuracies in shipment must be reported to Western Systems within ten days receipt of goods. Thereafter, any discrepancies will be considered incidental and the responsibility of the receiver. Force Majeure: Western Systems, Inc. shall in no event be responsible for delays in performance due to actions beyond its reasonable control including without limitation acts of God, strikes, labor shortage or disturbance, fire, accident, war, civil disturbance or carrier delays. Western Systems, Inc. accepts no liability for errors or omissions or the accuracy or the completeness of this quotation. It has been prepared to the best of our knowledge per plans, specifications, documentation and communications provided but we do not guarantee these to be accurate or of the latest revision. Determination of accuracy of this quotation and final quantities are the sole responsibility of recipient. Western Systems, Inc. shall in no event be liable for any special, consequential, incidental or liquidated damages (including without limitation damages for loss of use of facilities or equipment, loss of revenue, loss of profits or loss of goodwill), regardless of whether seller (a) has been informed of the possibility of such damages or (b) is negligent. 82 4 of 4 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 11/15/21 RB ITEM INFORMATION ITEM No. 5.A. 83 STAFF SPONSOR: RACHEL BIANCHI ORIGINAL AGENDA DATE: 11/15/21 AGENDA ITEM TITLE A weekly update on the City's planning and response to COVID-19 (Coronavirus) CA ILGORY 0 Discussion 11/15/21 ❑ Motion Mtg Date ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date Mtg Date SPONSOR Council IAA Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ TS ❑ P&R ❑ Police ❑ Pim SPONSOR'S The City is actively engaged in regional efforts to address the coronavirus (COVID-19). SUNLVARY 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. COMNHF1EE N/A N/A COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 11/15/21 Coronavirus Report 83 84 CORONAVIRUS RESPONSE UPDATE November 15, 2021 * Denotes All New Content in the Section ESSENTIAL SERVICES AND CITY OPERATIONS * Essential Services & City Operations In order to have consistency across public -facing activitues at the City Hall campus, beginning October 4, 2021 the permit counter, City Hall and human services in-person office hours will all be Mondays and Wednesdays from 8:30 to noon. All services remain available remotely. Masks are required at all times in City facilities. City staff that are able are encouraged to work remotely until January 3, 2022. Total in-person customer volume for the week of November 1, 2021: • Permit Counter: 14 • City Hall: 6 • Human Services: * Human Services Human Services staff assisted 7 households (17 individuals) with a total of $8,904.42 in rent and utility assistance ($6,955 rent, $1,949.42 utility). The least amount of rent owing was $500 the highest amount owing was $4,200. The KC EPRAP program for COVID-related rental assistance continues to serve Tukwila residents. Tukwila landlords continue to be identified as recipients of large funding amounts to assist all their residents with COVID related rental arrearages. Staff currently has five additional households in various stages of the intake process, which includes ongoing support of Maple Crest households. By the end of third quarter, our funded partner King County Bar Association, Housing Justice Project, has supported 121 Tukwila households (268 individuals) with free legal help related to eviction protection, and tenant rights relating to the eviction moratorium ending. Residents and landlords who applied for the EPRAP program can check their status by going to: https:.l./Nkingcounty,+rov de; ►ts community-human-services/COVVD/eviction-prevention-rent-assistance Source General Fund Contracted Partners Covid Rental & Utility Assistance Sewer/Water HB 1406 Rental Assistance Information from the community on total past due rent amount Households Funding Breakdown Assisted/Ind Rent: $2,900 3/11 Utility: $ Rent: $ 1/1 Utility: $1949.42 0/0 $ 3/5 $4055 ($2,855 for 2 Maple Crest hh) $500-$1,200 = 11 $1,250-$3,500 = 4 $3,600-$4,000 = 3 Over $4,000 = 0 85 Fire Staffing and Calls for Service There have been no changes to Fire staffing since the last report. Please see attached monthly report. Police Staffing and Calls for Service There have been no changes to Police staffing since the last report. * Business Recovery Business Re -Openings and Closings Washington's economy continues to be open. Nearly all businesses and public spaces including restaurants, stores, offices, theaters, outdoor events, and other places can operate at full capacity with no physical distancing requirements. The Delta variant continues to spread rapidly. COVID-19 cases, hospitalizations, and deaths have declined since September but are still much higher than they were this past summer. Currently approximately 70% of adult Americans are fully vaccinated. On August 18th Governor Inslee announced a vaccine requirement for employees working in K-12, most childcare and early learning, higher education, and State agencies. That requirement took effect on October 18th. On September 9th President Biden announced that the Federal government will require businesses with over 100 employees to require employees to be vaccinated or get regular testing. On November 4th, the President announced that the federal Occupational Safety and Health Administration (OSHA) and Centers for Medicare & Medicaid Services (CMS) are announcing the worker vaccination (or weekly testing) requirements will take effect on January 4th. Those policies will cover approximately 100 million employees. Currently they being challenged in court. On September 16th King County announced a new vaccine verification requirement that started on October 25th. People are required to show proof of full vaccination to enter public places such as outdoor events with 500 or more people, indoor recreational activities of any size such as restaurants, bars, performances, theaters, conferences, gyms, and professional sports. The requirement starts for small bars and restaurants (seating capacity of 12 or fewer) on December 6. Outdoor dining, take-out, grocery stores, retail stores, private events at private locations, and other situations are exempt. Unvaccinated people can still attend by showing proof of a negative COVID-19 test. People do not have to show identification when showing proof of vaccination. On October 14th the Governor announced that, starting on November 15th, verification of vaccination or a recent negative test will be required to enter large, ticketed events with over 1,000 people (indoors) or 10,000 people (outdoors). An expanded statewide mask mandate took effect on August 23rd, every person (including customers and employees) is required to wear masks when indoors with someone from outside their household, however, there are exceptions. For example, the requirement does not apply to people who are working indoors by themselves or are vaccinated and only working with other employees. Businesses can adopt more stringent requirements. Under the Governor's Proclamation 20-25.15 businesses are prohibited from allowing customers to enter or remain in an indoor space in a business unless the customer is wearing a face mask. On September 13th masks also became required (for both vaccinated and unvaccinated) for outdoor events with 500 or more attendees. 86 Business Assistance There are some government funding programs still accepting applications including the Economic Injury Disaster Loan (EIDL) program and the Small Business Flex Fund. The programs offer low interest loans to small businesses. Through EIDL some small businesses may be eligible for grants up to $15,000. We anticipate that later this year the State will implement a $50 million fifth round of the Working Washington small business grant program. The State is also significantly limiting increases in unemployment insurance costs for businesses. King County is distributing $145 million of federal funds for residential rental assistance and eviction prevention to tenants and landlords through their Eviction Prevention and Rental Assistance Program (EPRAP). King County will significantly increase the EPRAP funding with additional ARPA funds in 2022. On November 8th the City of Tukwila sponsored two webinars to help our small businesses learn the benefits of marketing themselves through digital and online platforms such as Google Place, a website, email, and social media. The webinar was conducted by Business Impact Northwest and was primarily funded by a grant from the Port of Seattle. Unemployment The unemployment claims data report is included monthly and was included in the packet of the October 18, 2021 Council meeting. MEETING THE COMMUNITY'S BASIC NEEDS * Food Resources and Distribution Senior Meals, number of meals distributed. Week of 1 1/ 1 and 1 1 /8 Tukwila Pantry Building is currently under re -construction for better usage. Duwamish Curb Cafe 25 Meals on Wheels 402* Double order due to Veteran's Day. 10/28 254 10/30 303 11/02 364 11/04 261 At the end of third quarter, the Tukwila Pantry reported that 2,493,658 pounds of food had been distributed through the end of September. 1,598,814 pounds was specifically distributed to Tukwila residents. 87 COVID-19 UPDATES * Covid-19 Tukwila Overview Level of Community Transmission, S S t a 111 Select VI•cation their ashb arcs: griapelS9eSiellildiSm2 0.......—ttattauttallMitttktititctirlittittlittaatitt Cases 2,641 Tukwila Hospitalizations 126 Change the type of ns • City O Heallth Reporting Area O Region 9 2 daily average cases 8 7 5 4 3 2 +4 new cases since 11/08/21 _26010 ecre se in the last 7 -days (17) from the prior 7 -days (23) <1 daily average hospitalizations +0 new hospitalizations since 11/08/21 -50% imie e yea se in the last 7 -days (1) from the prior 7 -days (2) 0 daily average deaths 4 20 15 +0 new deaths since 11/08/21 10 No change in the last 14 -days (0) from the prior 14 -days (0) 0.5 011 H I IlikA 1,1ap View Regliull Map Deaths 21 People Completed Vaccine Series Not yet available Hover over graphs and text for more details tttt...ttttittt„,ittttttt t 08/01/21 09/01/21 10/01/21 Specimen Date (last 120 clays) d' 08/01/21 08/61/21 II (19/01/21 10/01/21 Admission Date (last 120 days) Ammor 09/01/21 10/01/21 12eath Date (last 120 clays) 11 /01/ 21 tttt...ttttttt„,ttt /1/01/21 11/01/21 *Mobile Vaccination Team The Tukwila Fire Department' Mobile Vaccine Team (MVT) will be stood up to provide booster shots to homebound individuals that meet the booster thresholds. 88 * Vaccine Update & Locations There are many ways for community members to access the vaccine at no cost. Multiple appointments are available at sites in the area, as well as private opportunities. Visit vaccinelccator. ohewa....ov for location and appointment opportunities. Booster shot information and vaccines for children ages 5 through 11 are also available at vaccinelocator.doh.wa.gov. Global to Local and Public Health Seattle/King County are hosting free COVID-19 vaccinations at the Sullivan Center at Tukwila Village on Saturdays through December 18, 2021, 10:00 a.m. - 1:00 p•m. • Walk-ups welcome. Appointments and proof of residency are not required. • Pfizer, Moderna, and J&J are available, including boosters. • Vaccinations for children 5 to 11 years old will be available starting 11/20. • People receiving their first dose receive a free $50 gift card to Fred Meyer. • Call 425-943-6706 or go to bit.ly/vaxride to get a free ride to and from the event. • On 11/6 the pop-up clinic vaccinated 31 people (first, second, and boosters). • More info at: https/,/kincgcounty.gov/depts/health/covid 19/vaccine/schedule.aspx Vaccinations in King County as of November 10, 2021: • 1 dose: 1,742,975 or 89.2% • 2 doses: 1,631,955 or 83.6% • Booster doses: 266,620 Below is a zip code map of vaccinations as of November 10, 2021 (percentage of population 12+ with at least one dose) in King County, with Tukwila's two zip codes highlighted: • 98168: 88.7% • 98188: >95% 89 nI lm to h564t" St M ;7021.155. plc Cul l)pt.. a,`.;erea:tYa5elp 5l muuye doseid- en 12" �+ rl I PIP rrrrrrrrrr'02 ,,,111101111I Below is a chart of vaccinations by region in King County. Note that South King County has a lower vaccination rate than many other areas in the county. Table of all KC residents who have at least mu! Overall na;ll.".arw¢:naraily East North Seattle South l mr5aland, Fort naand 15aatlae5l„ aramaa5 95 Seattle and 9larrre5taaus t.entrral Seattle 959 gat all9t, 5 Shuttled Del ldge aamd 11ng Burden, Resift, Ilakttiilaa sanal laeatue Auburn, d,: 4.115, and F"eder"al Way Month Eats Flag County elln s uaar , Issaquah awl Mercer Island Ewa 9 lug C nen ay 1`saslnar4nn latent 4 Regions 10 Regions Total 12+ years 12-19 20-29 population old years old years told 76,7 % 86,9%n 80A5 73,4 %5 72.0'% 75%t 7115 75.9% 78,6% 71,89 69.3 9 75 .9 % 77.1'.`% 80.8'95 80.1%. 78.4% 70.714 79A4. 77,7'5 78.4% 80,3';5 74.5% 68.495 67.7 55 83.29E 78.1". 87.49. Linda + 11:ver5 (2; 55,mlramYa .imu F"atunse 89.2 % >95% 91.7%. 86.7 !Y5 84.0 %, 92.7% 86.9%t 84,0% 933%r 87555 8'2,09 80.7% >95 45 >95*% >9595 77.2095 >954/ 76.9 OA 74.9'45 62.295 91.2, 95 73,49 71,295 13'1,7'95• 70.:5% 584% 57.8'5 >95% >95%, 90.2'5 >95% >95% 30-39 years old. 84.7% 82,,59% 92.995 89.6'% 77 J.% 88.4% 86.9% 9'2,.99x, 91,7'%R 81.1'14 75,4'% 72.5% 89 9'a, 68.5'* >95% tm 75 .111 40-49 years old 9.3'.'x„ >95 95 >95% 94.5%, 8355 >959.. >95 95 86.2% >95'k 93.5%, 80,7"/ 73,4% >9555 >95 95 87.2440 (,. I Metrics 50-59 years old >9596 >9595 86.2',Wi+ 93,5'7x, 92.8 95 94.895 90.2% 87,;2 "J5 >95%!r >95% 94,195, 84.3'5 >9596 >95%, 7695 60-69 years old >95 ^. >95% >95 %5 88..0% >95% 94,7'36 94.7'45 75.599 >95 9, >9995 >95% >95 %a 93.2% >95% >95 % 70-79 80+ years years old old. >95% >9555 >959 >95995 >9555 >9514 94..1 % >95Q5 >9595, >955 >95%,. >9595 94.8% 94.5 5k 93.5 rs`4 >95 r5 89.755 >9595 >955 >9595. >9595 >959 >95% 90,99'4 >9555 >95 9F, >95 95 >95(/, >951 Ctl ID 0' re tr, tau011haare4^ot * COVID-19 Testing The following are the number of individuals tested over the past week at the Church by the Side of the Road. This is a regional testing facility drawing individuals from across south King County. All testing locations in the region are seeing a significant surge in the number of people requesting tests. King County has contracted with off-duty officers to provide traffic management along Tukwila International Boulevard and Military Road to mitigate traffic impacts in the neighborhood. 11/9 - 365 individuals tested 90 11/8 - 500 individuals tested 11/7 - closed 11/6 - 283 individuals tested 11/5 - 489 individuals tested 11/4 - 489 individuals tested 11/3 - 485 individuals tested * WA Notify WA Notify (also known as Washington Exposure Notifications) is a free tool that works on smar phones to alert users if they may have been exposed to COVID-19 without sharing any personal information. It is completely private and doesn't know who you are or track where you go. To download the app: On an Phone, enable Exposure On an Android phone: Notifications in Settings: • Go to the Google Play Store • Go to Settings • Download the WA Notify app • Scroll down to Exposure Notifications • Click 'Turn On Exposure Notifications" • Select United States • Select Washington For Android or iPhone, scan the QR code: 91 92 Tukwila Fire Department Call Volume Report October '21 City of Tukwila. Facilities Map L,ennd • Ct., n: aaa aocrt'w City Restroom de Station ow. Poke Faukty S mann Cdy Maas* chat r: AD iiiSul wren- a p are fir and Nr rola amlaaxanfat oir tad manterans to shave an c,stannadry maid Sea datatadd Cada dam SWUM , tar an lata man,, 93 % Change in Call Volume Metrics (compared to '16-'19 average) Change in Total Call Volume (%) Area Jan Feb 51 -3% -49% 52.... 10% 13% 53 -3% 2% 54.... -17% 3% OSA -4% -10% All -6%... -9%.. Area Jan Feb 51 -5% -39% 52 -4% 0%.. 53 -4%.. 4%.. 54 -20% -8% OSA -9% -37% All -11% -14% Area Jan Feb 51 2% -70% 52 50% 159% 53 ( 19% -20% 54 -21% 123% OSA 1%.... 35% All � 6% 29% Area Jan Feb 51-15% -89% 52.... 167% -52% 53.... -86% 16% 54 100% -7% OSA -33% 14% All -3%... -22% 94 7% Mar ..................... - 70% 93% - 2% 6% 46% 5% Mar - 33% 142% - 40% 23%. 50% 20% - 6% 7% - 3% Apr May Jun Jul - 23% -46% -37% -31% 122% 106% 140% 140% 20% -12% 3% -7% -6% 8% 30% 18%.. 94% 38% 132% 49% 23%.... 8% 37% 25% Aug ...................... - 25% 156% 24% 17% 62% 36% Sep ...................... - 40% 144% 8% 18% 63% 27% Change in EMS Call Volume (%) Apr May Jun Jul Aug Sep - 33% -51% -46% -49% -33% -38% 83% 71% 104% 124% 109%104% 29% -8% -1% -9% 15% 26% - 12% -6% 15% 76% 45% 167% 11% .... -1% 28% 13% 56% 19% 13% 90% 28% 0% 88% 21% Change in Fire Call Volume (%) Apr MayJun 10%-44% -6% 321%.... 261% 317% 28% -30% 46% 50% 105% 124% 152% 89% 37% 63% 34% 80% Jul -6%... 240% 2% 40% 49% 45% Aug -3%... 349% 24% 37% 11% 54% Sep -30%. 368% - 19% 150% 5% 58% Change in Service Call Volume (% Apr May Jun - 14% 4% -58% 167% 167% 133% - 68%.... 33% -81% - 56%.... 45% -14% 20% -8% 300% 0% 38% -4%.... Jul ..................... 83% 80% - 27% 47% - 38% 35% Aug ...................... - 35% 148% 85% 26% 155% 56% Sep ...................... - 85% 60% - 40% 155% 243% 12% Oct Nov Dec - 33% 95% 22% 15% 25% 17% Oct - 39% 60% 15% 6%.. 15% 5%.. Nov Dec Oct Nov Dec 2% 164% 20% 85% 9% 46% Oct Nov Dec - 63% 324% 140% -9% 264% 86% YTD - 35% 103% 4% 9% 49% YTD - 41% 75% 6% 0% 54% 9% YTD - 17% 238% 5% 66% 37% 47% # Change in Call Volume (compared to '16-'19 average) Change in Total Call Volume (#) Area Jan Feb ......................................................................................... 51 -3 -50 52 7 9 53 -2 1 54 -30 5 OSA 3 -6 All -30 -41 Apr May Jun - 2 ...........................-5...........................-45 6 7 81 68 100 14 -10 - 10 13. 23 3 Sep -42 51 78 35 132 189 40 126 Change in EMS Call Volume (#) AprMay Jun -28............................-43...........................-36 44 36 59.. 15 -5 Area Jan Feb 51 1 -14 52 6 14. 53 3 54 -4 16 -2 OSA 0 6 All 20 Area Jan Feb Mar 51 -1 -8 -1 52 4 -3 4 53 -6 2 -4 54 5 -1 0 OSA-2 1 0 All ....1 .... 9 1......... Oct Nov Dec - 39 62 16 24 17 80 Oct Nov Dec - 34 31 - 9 22 17 58.. - 3 102 Change in Fire Call Volume (#) Apr May Jun Jul Aug Sep 2 .... 14 -2 2 1 -7 31 27 38 4 -6 10 10 20 29 21 7 14 67 34 88 32 1 12 14 56 50 4 11 3 67 38 - 4 24 1 53 Change in Service Call Volume (#) Apr May Jun Jul - 1 0 -7 5 6 5 4 4 - 4 1 -4 2.. - 3 1.1 2 0....... 7 1... 1 Aug ................. -3 8 3 1 4 13 Sep - 6 2 - 2 4 4 Oct Nov Dec 1 18 3 17 2 40 Oct Nov Dec - 5 14 5 - 1 7 21 YTD -400 730 30.. 155 308 823 YTD -329........ 414 33 7 207 332 YTD - 46 270 8 139 76.. 446 YTD - 26 47.. - 11 9 21.... 41.... Synopsis of Above Metrics 1. New since April 2021: this report compares current -year months with an average of the same month from 2016-2019. For example, January 2021 is being compared to the 2016-2019 average January. The column "YTD" compares Jan -May 2021 with those same months from 2016-2019. 2. This report tracks the frequency of calls within each station's geographic region. For any call that TFD is dispatched to outside of Tukwila city limits, "OSA" designates the Station area. OSA is an abbreviation for Outside Agency Assist. 3. Total TFD Call Volume in October '21 represented an increase of 17% compared to October '16-'19. In other words, October '21 had 80 more calls than the recent average October from 2016 - 2019. 4. The October change in calls came from Service (86%, +21 calls) and Fire (46%, +40 calls). October '21 had two "other" calls, a request for Mutual Aid in Seattle and an Info -Only call. 5. Throughout this report the sum of EMS, Fire, and Service calls may not equal the "Total" number of calls for a given month. This is because there are a few infrequent call -types that either do not prompt a response (informational only) or do not cleanly fit into one of the three response types mentioned (for example: ALERT*, or aircraft troubles). 2021, YTD, has averaged 2.7 such "Other" calls per month. 6. 2021 YTD calls have increased by 823 (17%) compared to the Jan -Oct 2016-2019 average. 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. 96 The solid line on the following charts represents 2021 calls while the floating columns represent 2016-2019 data. The top of the column is the highest number of calls while the bottom is the lowest number. The red dot in the center of each column is the mean from 2016-2019 for each month. 2021 800 00 '700 6,10..) �pm�n�niirr��� r�• ,� 5C)C..) oo.al Cls- -pared to '1 1....'11 .300 200 100 200 1.00 EMS Calls 2.02:1 Co pa red t) :1,6:....::1.. oirvoi& / %Gl ,ipp�GA uimiGGiRri U// 250 200 1. 50 C) 60 50 40 rem Ramp Fire Cal s 2021_ Co rn r"ed to ' 110" "'" .0.011/11/10 /NM* • 01), xx„,10,Wie 1,01° • • * 0" Service Ca s 2021 Co ni pared to 16...-'19 10 0°11"g 1110 „tor.. /1§,- w AV, 2 C) 1. 0 0 Pg. 6 0 * 0 0 r?' )" "0cC 4- V`, 1..60 140 12..0 1.00 80 60 40 2..0 0 250 200 1.5() 1.00 50 0 Area 51 Ca s 202 1 Corn pared to '16-'19 0,*"voc000rothiloko. 0000.. . omof000mooKs..)jj 44400,,/ .o( • MN. .0( /gag . • 0Ife ?c, fo,r0" Area 52 Calls 2 0 2 1 Compared to '1 1.96 -' dr°eel' 4 )4 ( Ifie i AplIgnow44444b&d4u, 0,,, i e eW10, 00 ) I, 1,11 "4ff RI ig/NRIMMakSafq oNl) 0 pg. .7 0 • 0 100 90 80 •70 60 50 40 30 20 1. 0 250 2.00 150 100 50 0 Are. 53 Ca Ills 2021 Corn pa r1 t. 16 :19 * * Area 54 Ca s 2021....Compared to '16-'19 POO 0 dP • 4.ff AMU., Seg. 1..60 1..40 120 C)0 80 (:0 4() 70 0 OSA Ca00s 2021 Compared to 11 6-'19 oeifil°414,4,64001,,, L. „of,/ 0#0 ,00rox(opil 0 ges"."/' *44 • ...0 • . .010004 0 004000 01000 0 ,0 The deviations in Area 51 and 52 calls can partially be explained by the recent relocation of each station. Of the five charts above, the last one depicting OSA responses is the most interesting. Tukwila firefighters have responded to an abnormally high number of incidents outside city limits in 2021 with a high percentage of visits to Renton, Burien, and SeaTac. pg. 9 101 Tukwila Response to Incidents Outside our Jurisdiction Cases YTD / Info -Only Calls Removed City Code January February March April May June July August September October YTD Total AUB 1 1 BUR 4 17 27 22 35 21 35 19 14 194 .....COV 1 1 DES 2 2 1 3 1 9 ........FED 1 1 KEN 11 11 17 6 3 17. 7 23 18 13 126 ......NDP 2 1 3 REN 18 12 17 26 22 32 30 21 10 20 208 SEA 12 15 13 25 18 34 26 25 34 23 225 STL 8 9 18 13 14 14 18 19 13 11 137 TUK 4 2 2.... 1 2 1.... 4 5 .... 5 2 .... 28.. Total 57 50 84 101 83 136 107 128 103 84 933 % OSA '21 13% 12% 16% 18% 16% 20% 16% 18% 17% 15% 16% Tukwila Response to Incidents Outside our Jurisdiction Cases Jan -October / Info -Only Calls Removed City Code 2016 2017 2018 2019 2020 2021 AUB 42 3 1 BLA .... 1 .... BON .... 1 .... - BUR 3426 34 49 41 194 21% COV.... 1 0%.. DES .... 2 4 .... 1 2 .... 9 1%.. ENU 2 3 1 FED 4 3 1 1 2 1 0%. KEN 137 136 150 164 113 126 14% MPV 4 NDP 4 11 5 3 7 3 0%. REN 101 107 110 212 131 208 22% SEA 140 136 146 125 118 225 24% STL 141 148 108 137 167137 15% TUK 20 17 29 29 15 28 3%. VAS 2 1 1 Aid Given 591 590 599 722 597 933 2021% .............................. 1 0% The above table shows the number of cases where Tukwila units were dispatched to assist with an incident outside our jurisdiction. 102 Assisting Agency January AF FF 1 KF 28 27 RF 11 8 SF 1 1 UF 4 19 VF WF 2 XF 6 4 February .......................................... 1 OSA Assistance within Tukwila's Jurisdiction YTD / Info -Only and Calls and Medics Removed March April May 1 38 12 11 28 37 14 15 2 4 4 10 1 YF 1 - - Grand Total 51 63 67 55 69 An even more descriptive way to observe our contribution to our surrounding communities is to examine which units we send out to OSA calls. The table below shows which units we've sent out to assist in the previous years, January through October compared to the units other agencies have sent to assist us within Tukwila. Note that the units below don't match with the calls above. This is due, in large part, to how calls are counted. A call may be generated but all associated units can be canceled while enroute before they reach the incident location. The unit counts below only report those units that arrive at the scene of the incident. This is the proper count of contributions to neighboring jurisdictions. June July 1 47 31 18 12. 6 August 57 24 7 17 September October YTD Total 3 1 .... 2 43 30 366 15 12 141 1 1 23.. 8 11 105 1 17 47 1 90 60 115 75 61 706 Units We've Sent Unit Description 2019 Ambulance 14 Batallion Chief Chief Engine Fire Marshal 1 Inspector/Investigator Ladder Grand Total 2020 2021 13 5 119 100 132 1 7 5 425 313 602 1 165 160 185 725 593 930 Units We've Received Unit Description 2019 2020 Ambulance 29 19 Batallion Chief Brush CARES Unit Chaplain Chief District Chief Dive Drone Engine Fire Marshal HazMat Ladder Port of Seattle Engine Portable Public Info Officer Quint Rehab Unit Rescue Unit Seattle Fire Ladder Training Unit Grand Total 55 1 202128 57 71 288 1 20 40 1 22 42 2 5 4 2 1 4 2 424 4 18 77 8 1 2 2 2 5 1 6624 103 8OC) 700 000 500 4.00 IOC 200 100) 0100 500 00 300 200 100 Total Monthly Call Volume Info -Only Calls Removed 2010 201.1 2018 201.0 2020 2021 EMS Monthly Call Volume Info -Only Calls Removed C) 1 2010 201 201.0 pg. 1...2 O . 0 2 "' 3 d! 201.0 2020 2021 25C) 200 1 S 0 100 SC) 60 50 40 30 20 10 Hre Monthly Call Volume Info -Only Calk; Removed 22)10 201.1 2 .2 2 646 4 0018 201.0 2020 2020 Servk:e Monthly Call Volume Mfo-Only Calk Removed 201.0 201/ 2010 pg.13 ICC) 140 12C) 100 60 4C) 20 Area 51 Monthly Call Volume Info -Only Calk Removed 250 2.00 150 100 0 2016 201.1 4.1.1 E E OHS 2018 201.9 2020 2020 Area 52 Monthly Call Volume Info -Only Calls Removed 201)) 2017 201.8 pg. 1...4 •R55 201.0 2020 2020 100 SC) SC) 70 SC) 50 40 30 2C) 10 Area 53 Monthly Call Volume Info -Only Calk Removed 250 2.00 150 100 SC) 2016 2011 O 2 0 E 30 — t") 0018 201.0 2020 2021 Area 54 Monthly Call Volume 0 Mfo-Only Calls Removed Ip 2012 2017 001.8 )H33 2010 2020 2020 1(C) 140 12C) 100 00 4C) 20 Area OSA Mont* Call Vokime Info -Only Calk; Removed 2012 2011 2018 2019 2020 2021. pg.. 1...6 Year Month 2016 Janua ry 2016 February 2016 March 2016 April 2016 May All Calls by Year/Month EMS Fire Service 377 84 21 482 Total 361 65 25 456 392 93 29 519 361 86 16 464 381 2016 June 352 2016 July 393 2016 2016 August September 363 326 85 22 489 111 110 22 489 29 535 140 25 532 79 21 429 2016 October 388 70 25 483 2016 November 2016 December 2017 2017 February 2017 March 2017 April 2017 May 2017 June 2017 July 2017 August 2017 September 339 73 21 433 329 82 28 440 324 89 34 448 350 66 56 475 407 92 23 522 350 72 36 459 353 100 21 474 390 87 27 508 362 143 19 526 391 111 28 531 338 98 17 456 2017 October 377 77 20 477 2017 November 2017 December 2018 2018 February 2018 March 2018 April 2018 2018 2018 2018 2018 May June July August September 396 372 375 345 360 357 362 380 346 374 380 95 34 526 73 24 469 77 21 475 56 30 433 61 27 448 75 13 447 101 20 485 112 32 527 116 24 489 142 16 532 91 20 499 2018 October 376 88 23 487 2018 November 2018 December 2019 Janua ry 2019 February 2019 March 2019 April 2019 May 2019 June 2019 July 2019 August 2019 September 360 73 27 465 352 44 30 430 379 93 354 386 31 504 83 48 488 101 20 508 375 70 31 477 399 104 15 520 350 131 23 507 382 121 26 533 368 102 26 501 365 93 17 478 2019 October 311 110 29 453 2019 November 2019 December 2020 2020 February 2020 March 2020 April 2020 May 2020 June 2020 July 2020 August 2020 September 376 69 25 475 425 82 23 535 351 367 364 270 270 96 21 469 76 15 459 79 13 457 64 12 346 82 30 385 265 91 352 127 354 308 111 119 20 18 26 24 377 498 492 452 2020 October 357 80 32 471 2020 November 2020 December 2021 2021 February 2021 March 2021 April 2021 May 2021 June 2021 July 2021 August 2021 September 315 357 322 302 405 401 371 470 440 479 425 77 19 413 82 22 465 91 26 447 422 104 24 535 143 24 570 131 27 529 198 178 191 143 25 694 33 653 37 21 713 591 2021 October 382 126 45 553 Year 2016 2016 2016 2016 2016 2016 2016 2016 2016 Area 51 Calls Month EMS Fire January 85 33 February 76 March 78 April 82 May June July August September 19 Service 8 .... 10 19 6 21 4 91 21 4 79 41 8 84 30 6 72 68 39 7 19 5 Total 126 106 104 107 116 128 120 118 92 2016 October 87 17 9 113 2016 2016 2017 2017 2017 2017 2017 2017 2017 2017 2017 2017 November December January February March April May June July August September 80 80 19 17 12 8 56 23 10 74 22 9 105 26 13 88 17 13 111 105 90 106 144 119 71 36 8 115 72 31 11 114 80 41 6 127 88 28 10 126 82 24 7 115 October 97 20 6 2017 2017 2018 2018 2018 2018 2018 2018 2018 2018 2018 2018 2018 2018 2019 2019 2019 2019 2019 2019 2019 2019 2019 2019 2019 2019 November December January February March April May June July August September 110 29 86 11 66 17 68 13 75 26 86 22 76 38 85 29 67 25 91 39 76 20 9 8 7 6 11 4 8 13 7 6 7 124 148 105 91 87 112 112 122 128 99 136 103 October 87 28 8 123 November 81 December 85 January 84..... February March April May June July August September 72 18 10 18 5 21 8 77 27 10 109 109 114 114 87 31 2 120 79 20 7 106 102 34 7 75 31 16 93 32 5 77 22 8 28 8 143 123 132 107 108 October 76 21 9 106 November 101 21 5 December 110 27 10 2020 January 2020 February 2020 March 2020 April 2020 May 2020 June 2020 July 2020 August 2020 September 2020 2020 November 78 October 82 23 2 93 24 5 73 23 4 38 45 13 1 16 8 127 147 107 122 100 52 70 47 23 9 79 71 32 5 108 72 30 6 108 57 32 12 76 16 8 101 101 2020 2021 2021 2021 2021 2021 2021 2021 December 65 January February March April May June July 2021 August 2021 September 25 3 19 4 69 24 7 45 6 1 26 17 7 56 22 6 106 89 102 53 50 85 42 18 7 67 42 31 5 78 41 30 11 82 55 31 5 91 46 16 1 63 2021 October 53 22 3 78 1..0.9- Area 52 Calls Year Month EMS 2016 January 53 Fire Seryice Total 13 1 67 2016 February 55 6 2016 March 62 23 2016 April 57 11 2016 May 50 8 2016 June 49 9 2016 July 52 8 2016 August 50 14 2016 September 55 14 3 64 4 89 3 71 7 65 3 63 7 67 3 67 1 70 2016 October 66 7 4 77 2016 November 2016 December 2017 2017 February 2017 March 2017 April 2017 May 2017 June 2017 July 2017 August 2017 September 63 58 12 9 1 73 73 46 11 5 62 61 7 7 76 55 11 4 70 44 10 4 58 58 13 59 67 24 54 13 43 12 73 77 95 74 57 2017 October 45 7 2 54 2017 ''November 2017 December 2018 2018 February 2018 March 2018 April 2018 2018 2018 2018 2018 May June July August September 38 44 69 63 60 60 51 59 60 58 61 2018 October 55 15 6 76 2018 November 2018 December 2019 Janua ry 2019 February 2019 March 2019 April 2019 May 2019 June 2019 July 2019 August 2019 September 2019 October 36 15 5 56 2019 November 2019 December 2020 2020 February 2020 March 2020 April 2020 May 2020 June 2020 July 2020 August 2020 September 56 50 8 9 61 11 49 63 50 34 50 59 47 39 4 68 62 78 10 3 12 3 11 1 16 9 16 2 21 21 16 62 78 62 59 68 82 76 57 2020 October 50 9 2020 November 2020 December 2021 2021 February 2021 March 2021 April 2021 May 2021 June 2021 July 2021 August 2021 September 42 51 54 56 112 96 87 9 15 18 29 41 37 9 4 68 115 50 7 134 45 9 125 107 56 72 78 81 148 147 132 172 188 64 13 203 48 4 159 2021 October 81 29 18 128 110 Year 2016 2016 2016 2016 2016 2016 2016 2016 2016 Area 53 Calls Month EMS Fire January 49 12 February 52 March 56 April 50 May June July August September Service 3 .... 7 8 17 8 17 3 58 23 6 45 26 4 63 17 7 49 18 6 41 13 10 Total 64 70 85 71 88 76 89 77 66 2016 October 52 21 2 75 2016 2016 2017 2017 2017 2017 2017 2017 2017 2017 2017 November December January February March April May June July August September 48 8 1 43 16 7 41 52 64 41 60 19 7 10 20 15 3 14 13 18 2 57 66 67 83 82 68 80 61 15 7 87 42 25 2 70 51 18 4 74 42 20 4 66 2017 October 48 14 5 69 2017 2017 2018 2018 2018 2018 2018 2018 2018 2018 2018 November December January February March April May June July August September 54 18 51 10 42 12 39 7 50 1 49 9 52 17 59 19 55 17 54 17 63 21 8 8 8 7 6 3 5 5 7 2 3 81 69 62 54 57 62 75 85 80 73 91 2018 October 65 9 4 78 2018 2018 2019 2019 2019 2019 2019 2019 2019 2019 2019 November December January February March April 60 57 48 49 10 4 5 10 11 11 11 20 75 74 70 80 58 14 6 78 62 10 6 78 May 64 16 2 June 53 22 5 July 51 23 6 August September 37 63 15 1 20 3 83 81 80 57 89 2019 October 44 16 4 67 2019 2019 November 54 6 9 74 December 59 14 4 79 2020 January 46 2020 February 37 2020 March 55..... 2020 April 2020 May 2020 June 18 5 8 3 11 4 70 48 71 40 11 2 53 42 10 7 59 31 10 1 42 2020 July 42 18 0 60 2020 August 45 9 10 64 2020 September 38 19 4 62 2020 October 66 8 6 81 2020 November 40 8 3 51 December 41 7 5 53 January 43 16 1 64 2021 February 50 7 16 73 2021 March 56 7 2 66 2021 April 65 16 2 84 May 54 2020 2021 2021 2021 2021 June 54 July 48 2021 August 2021 September 13 72 30 1 85 21 4 74 55 21 6 87 66 15 3 84 2021 October 60 18 9 87 Area 54 Calls Year Month EMS 2016 January 157 2016 February 2016 March 2016 April 2016 May Fire Seryice Total 17 4 178 147 19 161 22 148 26 135 19 2016 June 141 18 2016 July 147 28 2016 August 147 41 2016 September 124 8 2 169 5 188 4 178 3 157 3 163 5 181 6 194 2 135 2016 October 134 14 5 153 2016 November 2016 December 2017 2017 February 2017 March 2017 April 2017 May 2017 June 2017 July 2017 August 2017 September 110 12 115 19 3 125 7 141 148 15 7 170 132 11 18 161 144 23 2 169 133 18 2 153 139 16 4 159 165 138 29 149 30 128 15 185 174 181 146 2017 October 143 17 6 166 2017 ''November 2017 December 2018 2018 February 2018 March 2018 April 2018 2018 2018 2018 2018 May June July August September 2018 October 2018 November 2018 December 2019 Janua ry 2019 February 2019 March 2019 April 2019 May 2019 June 2019 July 2019 August 2019 September 155 150 156 134 137 131 147 151 130 128 149 130 22 121 18 123 12 148 22 146 153 4 4 156 143 143 175 10 5 161 18 7 178 141 17 9 167 142 23 1 166 123 33 1 157 135 37 2 174 129 21 8 158 140 18 3 161 2019 October 106 25 7 138 2019 November 2019 December 2020 2020 February 2020 March 2020 April 2020 May 2020 June 2020 July 2020 August 2020 September 123 21 154 14 5 149 173 128 23 3 154 133 19 3 155 148 18 2 168 116 17 6 139 123 22 3 148 106 17 6 129 137 30 8 175 141 30 2 173 133 27 163 2020 October 127 21 9 157 2020 November 2020 December 2021 2021 February 2021 'March 2021 April 2021 May 2021 June 2021 July 2021 August 2021 September 122 145 122 129 158 121 132 167 155 156 135 2021 October 136 36 5 177 Year 2016 2016 2016 2016 2016 2016 2016 2016 2016 Area "OSA" Calls Month EMS Fire January 33 9 February March April May June July August September Service 5 .... 31 14 2 35 12 6 24 11 2 47 14 2 38 17 4 47 27 4 45 28 3 38 25 3 Total 47 47 53 37 63 59 78 76 66 2016 October 49 11 5 65 2016 2016 2017 2017 2017 2017 2017 2017 2017 2017 2017 2017 November 38 December 33 January February March....... April May June July August September 25 18 4 67 3 55 33 21 5 31 16 2 39 17 1 59 49 57 44 13 4 61 25 17 5 47 33 9 3 45 35 24 1 60 49 22 5 76 43 27 2 72 October 44 19 1 64 2017 2017 2018 2018 2018 2018 2018 2018 2018 2018 2018 November December January February March April May June July August September 39 17 41 13 42 41 15 13 38 14 31 13 36 18 26 26 34 43 43 37 31 18 4 3 2 4 4 0 2 1 2 1 2 60 57 59 59 56 45 57 53 80 81 55 2018 October 39 14 1 54 2018 2018 2019 2019 2019 2019 2019 2019 2019 2019 2019 November 36 17 3 December 31 8 3 January 41 26 6 February 36 25 6 March 33 29 4 April 44 17 4 May 47 21 4 June 41 34 1 July 43 19 6 August 48 32 September 39 21 60 43 73 68 67 65 73 77 70 83 60 2019 October 49 33 4 86 2019 2019 November 42 December 52 2020 January 34 13 18 2 1 21 5 2020 February 55 15 2020 March 25 15 2020 April 2020 May 2020 June 2020 July 2020 August 2020 September 2020 2020 November 2020 2021 2021 2021 2021 2021 2021 2021 October 26 26 1 0 12 2 18 3 57 74 60 72 40 40 49 31 25 2 59 43 26 3 73 49 21 1 71 41 25 3 69 38 26 0 33 22 6 December 55 26 3 January 34 18 3 February 22 23 4 64 62 86 57 50 March 53 27 4 84 April 63 34 4 101 May 56 24 3 83 June 92 35 9 136 July 62 42 2 107 2021 August 2021 September 88 33 7 128 71 24 6 103 2021 October 52 21 10 83 1...1....1 Org. CALL TYPE ACCINF ACCMDF ACCWAF AFA AID AIDH AIDMD AIDMDH AIDSVC AIDUNK ALERT1 ALERT2 BARK BOAT BRGH BRSHEX CHIMNE CO CC}K8F|R CPR CPRF OERA|F DROWNF DUMP DUMPEX ELECTR EXPLC}G HZEXPF HZINV HZLEAK |LBURN INFOF K8C|1F 112 Legend Call Response Type Literal Call Type Response Aoowith | EMS ALS | EMS Fire Alarm Aid Aid Call Hazard Aid Medic Aid Medic Aid Service EMS Unknown Aid Call EMS Standby Other Standby Aircraft Other Beauty Bark Fire Fire Boat Acc/Assist EMS BrushFire No Exp Fire BrushFire Exp Fire Chimney Fire Fire CO Alarm EMS Commercial Fire Fire CPR in Progress EMS CPR in Progress EMS Train Derailment EMS Drowning EMS Dumpster No Exp Fire Dumpster Exp Fire Electrical Fire Fire Explosion No Fir Fire Exp Susp Substan EMS Haz Mat Invest EMS Haz Mat Leak EMS Illegal Burn Fire Info Non Disp Other MCI EMS Fire EMS EMS EMS EMS Org. CALL TYPE MCI2F MEDIC MINFIR MUTUAL NGASIN NGAG>T NONSTR OBV ODF ODMDF C}OC}R|N ODORXT POOLF RESCUE REGF|R RIVER GERVkC SHACK SHOTMF SMOKXT SPILL GTABF GTABK8F STORM GUGF|R SWFA UNKFIR VEHCOM VEHEX VEHPAS WASH WIRES Literal Call Type Response Type MCI2 "11-19" PT EMS MEDIC Mutual Aid EMS Minor Fir NoThrt Fire Mutual Request Other NatGas Lk Inside Fire NatGas Lk Outsid Fire Obvious EMS Overdose EMS Overdose Medic EMS Odor Invest Service Odor Invest Out Service Drowning Medic EMS Rescue EMS Residential Fire Fire River Rescue EMS Non Aid Service Service Shack Shed Fire Fire Shooting Medic EMS Smoke Invest Out Fire Flammable Liquid EMS Stabbing EMS Stabbing Medic EMS Storm Service Poss Arson Out Fire Swfa Service Unk Type Fire Fire Comm Veh Fire Fire Veh Fire W/Expo Fire Pass Veh Fire Fire Washdown Service Power Lines Down Service COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's revieav Council review 11/8/21 Vicky 11/15/21 Vicky ITEM INFORMATION ITEM No. 5.B. STAFF SPONSOR: VICKY ORIGINAL AGENDA DATE: 11/8/21 AGENDA ITEM TITLE Approve property tax ordinances for the 2022 property tax levy CATEGORY ❑ Discussion Mtg Date ❑ Motion Mtg Date ❑ Resolution Mtg Date ® Ordinance Mtg Date 11/15/21 ❑ Bid Award Mtg Date ® Pub& Hearing Mtg Date 11/8/21 ❑ Other Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ❑ DCD ® Finance ❑ Fire ❑ P&R ❑ Police ❑ PIF SPONSOR'S SUMMARY The Council is being asked to approve two property tax ordinances for the 2021 property tax levy - one to authorize the levy and the second to approve a change in the levy from the previous year REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ® Finance & Governance ❑ Planning & Community Dev. ❑ LTAC DATE: 10/25/21 ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: IDAN RECOMMENDATIONS: SPONSOR/ADMIN. Finance Department COMMII"IEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/8/21 11/15/21 MTG. DATE ATTACHMENTS 11/8/21 Informational Memorandum dated 10/25/21 Ordinances in Draft Form Preliminary Levy Limit Worksheet - 2022 Tax Roll Minutes from the Finance & Governance Committee meeting of 10/25/21 11/15/21 Ordinances in Final Form 113 114 City of Tul ila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, LEVYING THE GENERAL TAXES FOR THE CITY OF TUKWILA IN KING COUNTY FOR THE FISCAL YEAR COMMENCING JANUARY 1, 2022, ON ALL PROPERTY, BOTH REAL AND PERSONAL, IN SAID CITY, THAT IS SUBJECT TO TAXATION FOR THE PURPOSE OF PAYING SUFFICIENT REVENUE TO CARRY ON THE SERVICES OF THE SEVERAL DEPARTMENTS OF SAID CRY FOR THE ENSUING YEAR, WITH AN EXCESS PROPERTY TAX LEVY FOR THE PURPOSE OF PAYING DEBT SERVICE ON THE CITY'S UNLIMITED TAX GENERAL OBLIGATION BONDS ISSUED IN 2016 AND 2019, AS REQUIRED BY LAW; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Tukwila has considered the City's anticipated financial requirements for 2022 and the amounts necessary and available to be raised by ad valorem taxes on real, personal and utility property; and WHEREAS, the following sentence is provided for information only: The maximum Statutory Levy Rate for the City of Tukwila, as allowed by RCW 84.52.043, is $3.825 per $1,000 of assessed value, which includes $0225 forthe Firemen's Pension Fund as allowed by RCW 41.16.060; and WHEREAS, the City, pursuant to Ordinance No. 2514, passed on November21, 2016, authorized the issuance and sale of $36,500,000 principal amount of the City's Unlimited Tax General Obligation Bonds, 2016 and pursuantto Ordinance No. 2610, passed on July 15, 2019, authorized the issuance and sale of $40,885,000 principal amount of the City's Unlimited General Obligation Bonds, 2019 (together the "Bonds"); and has determined that to provide the money necessary to pay the debt service requirements on the Bonds in the year 2022, an excess property tax levy in the amount of $4,474,975 forthe Bonds must be levied in year 2021, and collected in year 2022; and WHEREAS, the final assessed valuation calculation has been determined; CC: Legislative Development\General Tax Levy + Excess Levy 10-14-21 AW:bjs Review and analysis by Barbara Saxton Page 1 of 3 115 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Regular and Excess Tax Levy. A. There shall be and hereby is levied on all real, personal and utility property in the City of Tukwila, in King County, whose estimated assessed valuation is $8,043,652,463, current taxes for the ensuing year commencing January 1, 2022, in the amounts specified below: Rate Amount Regular Tax Levy $2.19 $ 17,619,097 Excess Tax Levy $0.56 $ 4,474,975 B. The said taxes herein provided for are levied for the purpose of payment upon the general bonded indebtedness of the City of Tukwila, the General Fund, and for the maintenance of the departments of the municipal government of the City of Tukwila forthe fiscal year beginning January 1, 2022. The regular tax levy includes new construction and improvements to property, estimated to be $183,614, a re -levy of prior year refunds in the estimated amount of $129,723, and any increase in the value of state -assessed property. C. The excess levy is levied for the purpose of debt service payments on the unlimited tax obligation bonds sold to finance costs related to the City's Public Safety Plan, as submitted to the qualified electors of the City at a special election held on November 8, 2016. Section 2. Collection. This ordinance shall be certified to the proper County officials, as provided by law, and taxes here levied shall be collected to pay to the Finance Director of the City of Tukwila at the time and in the manner provided by the laws of the State of Washington for the collection of taxes for non -chartered code cities. Section 3. Corrections by City Clerk or Code Reviser Authorized. 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 4. Severability. If any section, subsection, paragraph , sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 5. Effective Date. This ordinance ora summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force and effect January 1, 2022. CC: Legislative Development \General Tax Levy + Excess Levy 10-14-21 AW:bjs Review and analysis by Barbara Saxton Page 2 of 3 116 PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2021. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Allan Ekberg, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Office of the City Attorney CC: Legislative Development\General Tax Levy + Excess Levy 10-14-21 AW:tis Review and analysis by Barbara Saxton Page 3 of 3 117 118 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DECREASING THE CITY OF TUKWILA REGULAR LEVY FROM THE PREVIOUS YEAR, COMMENCING JANUARY 1, 2022, ON ALL PROPERTY, BOTH REAL AND PERSONAL, IN COMPLIANCE WITH RCW 84.55.120; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila has properly given notice of a Pu blic hearing held on November 8, 2021, pursuant to RCW 84,55.120; and WHEREAS, after such hearing and after duly considering all relevant evidence and testimony presented,the City Cou nd I has determined that in orderto discharge its expected expenses and obligations the City requires levying the maximum allowable by law in property tax revenue from the previous year, in addition to the increase resulting from the addition of new construction and improvements to property and any increase in the value of State -assessed property; and WHEREAS, the City Council has determined it is in the City's best interest and necessary to meet its expenses and obligations for the property tax revenue to be adjusted for 2022, and the final assessed valuation calculation has been determined; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. A decrease in the regular property tax levy, in addition to any amount resulting from the addition of new construction and improvements to property and any increase in the value of State -assessed property, is hereby authorized for the 2022 levy in the amou ntof ($30,667), which is a percentage decrease of (0.18%)from the previous year. This decrease is exclusive of additional revenue resulting from new construction, improvements to property, any increase in the value of State -assessed property, any annexations that have occurred and refunds made. CC: Legislative Development\ Regular Tax Levy Increase 10-14-21 AW:lls Review and analysis by Barbara Saxton Page 1 of 2 119 Section 2. Corrections by City Clerk or Code Reviser Authorized. 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 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance ora summary thereof shall be published in the official newspaper of the City and shall take effect and be in full force and effect January 1, 2022. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2021. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Allan Ekberg, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Office of the City Attorney Effective Date: Ordinance Number: CC: Legislative Development\Regular Tax Levy Increase 10-14-21 AW:bjs Review and analysis by Barbara Saxton Page 2 of 2 120 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's revieav Council review 11/8/21 Vicky 11/15/21 Vicky ITEM INFORMATION ITEM No. 5.C. STAFF SPONSOR: VICKY ORIGINAL AGENDA DATE: 11/8/21 AGENDA ITEM TITLE Adopt 2021 - 2022 Mid -Biennium Budget Amendments CATEGORY ❑ Discussion Mtg Date ❑ Motion Mtg Date ❑ Resolution Mtg Date ® Ordinance Mtg Date 11/15/21 ❑ Bid Award Mtg Date ® Pub& Hearing Mtg Date 11/8/21 ❑ Other Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PIF SPONSOR'S SUMMARY Council is being asked to approve the ordinance amending the 2021- 2022 biennial budget REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ® Finance & Governance ❑ Planning & Community Dev. ❑ LTAC DATE: 10/25/21 ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: IDAN RECOMMENDATIONS: SPONSOR/ADMIN. Finance Department COMMII"IEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/8/21 11/15/21 MTG. DATE ATTACHMENTS 11/8/21 Informational Memorandum dated 10/19/21 (updated after Committee) Ordinance in Draft Form Reconciliation of 2021 - 2022 Budget Summary to Ordinance Proposed Budget Changes - Summary by Fund Minutes from the Finance & Governance Committee meeting of 10/25/21 11/15/21 Ordinance in Final Form 121 122 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2641, WHICH ADOPTED THE CITY OF TUKWILA'S BIENNIAL BUDGET FOR THE 2021-2022 BIENNIUM; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on December 7, 2020, the City Council of the City of Tukwila adopted Ordinance No.2641, which adopted the 2021- 2022 biennial budgetof the CityofTukwila; and WHEREAS, a mid -biennium budget amendmentwas presented to the City Council in a timely mannerfor their review, in accordance with RCW 35A.34.130; and WHEREAS, on November 8, 2021, following required public notification ,the City Council conducted a public hearing on the proposed mid -biennium budget amendment; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Ordinance Amended. Tu kwila Ordinance No. 2641 is hereby amended with the City Council's adoption of the document entitled "City of Tukwila Year -End Budget Amendment [2021-2022 Biennium] (Reconciliation of Budget Summary to Ordinance)," attached hereto and incorporated by this reference as if fully set forth herein, in accordance with RCW 35A.33.075. Section 2. Cost of living adjustments (COLAs) for non -represented employees shall be implemented per the City Council's Compensation Policy. Section 3. Estimated Revenues and Appropriations. The totals of the estimated revenues and appropriations for each separate fund and the aggregate totals are as follows: CC: Leg islative DevelopmentlBudget amendment 2021-2022 10-4-21 VC:bjs Page 1 of 3 123 FUND EXPENDITURES REVENUES 000 General $152,087,096 $152,087,096 105 Contingency $6,488,169 $6,488,169 101 Lodging Tax $2,574,389 $2,574,389 103 Residential Streets $5,049,912 $5,049,912 104 Bridges and Arterial Streets $16,978,042 $16,978,042 109 Drug Seizure $462,534 $462,534 2XX LTGO Debt Service $16,996,870 $16,996,870 206 LID Guaranty $7,989,959 $7,989,959 213 UTGO Bonds $726,813 $726,813 233 2013 LID $1,804,572 $1,804,572 301 Land Acquisition, Recreation & Park Dev. $4,678,120 $4,678,120 302 Urban Renewal $4,137,144 $4,137,144 303 General Government Improvements $813,648 $813,648 304 Fire Impact Fees $601,000 $601,000 305 Public Safety Plan $16,044,013 $16,044,013 306 City Facilities $9,600,862 $9,600,862 401 Water $20,110,207 $20,110,207 402 Sewer $33,681,976 $33,681,976 411 Foster Golf Course $4,910,239 $4,910,239 412 Surface Water $24,275,236 $24,275,236 501 Equipment Rental and Replacement $9,526,432 $9,526,432 502 Employee Healthcare Plan $16,931,588 $16,931,588 503 LEOFF 1 Retiree Healthcare Plan $1,088,595 $1,088,595 611 Firemen's Pension $1,657,456 $1,657,456 Total$359,214,871 $359,214,871 Section 4. Copies on File. The City of Tukwila's Biennial Budget for the 2021-2022 biennium shall be updated to reflect changes approved by the City Council. A copy of this amending ordinance shall be kept on file in the City Clerk's Office, and a copy shall be transmitted by the City Clerk to the Division of Municipal Corporations of the Office of the State Auditor and to the Association of Washington Cities. Section 5. Corrections by City Clerk or Code Reviser Authorized. 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. CC: Legislative Development\Budget amendment 2021-2022 10-4-21 VC:bjs 124 Page 2 of 3 Section 6. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction , such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 7. Effective Date. This ordinance ora summary thereof shall be published in the official newspaper of the City and shall take effect and be in full force and effect five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2021. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Allan Ekberg, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Office of the City Attorney Attachment: City of Tukwila Year -End Budget Amendment [2021-2022 Biennium] (Reconciliation of Budget Summary to Ordinance) CC: Leg islative Development \ Budget amendment 2021-2022 10-4-21 VC:bjs Page 3 of 3 125 126 City of Tukwila Year -End Budget Amendment Reconciliation of Budget Summary to Ordinance REVENUES 2021 Beginning Fund Balance 2021 Revenues 2022 Revenues Total Revenues Mid -Biennial Amendment Total Revenues Beg. Fund Balance Ad). 2021 2022 000 General 5 11,631,350 5 62,749,717 $ 67,597,992 5 141,979,059 1,050,153 5 3,451,192 5,606,692 $ 152,087,096 105 Contingency 7,101,978 20,000 20,000 7,141,978 (653,809) - - 6,488,169 101 Lodging Tax 1,742,844 406,000 456,000 2,604,844 (30,455) - - 2,574,389 -103 Residential Street 114,810 589,000 3,456,000 4,159,810 390,102 100,000 400,000 5,049,912 104 Arterial Street 1,327,257 6,481,000 3,311,000 11,119,257 91,933 (1,133,148) 6,900,000 16,978,042 109 Drug Seizure Fund 333,243 60,500 70,500 464,243 (1,709), - - 462,534 2)0< LTGO Debt Service 381,630 4,382,338 8,645,004 13,408,972 39,465 3,548,433 - 16,996,870 213 UTGO Bonds 76,339 3,605,000 4375,000 8,056,339 (66,380) - - 7,989,959 206 LID Guaranty 719,137 3,000 3,000 725,137 1,676 1,676 726,813 233 2013 LID 692,373 601,000 581,000 1,874,373 (69,801) (69,801) 1,804,572 301 Land Acquisition, Recreation & Park Den. 2,171,922 1,942,800 475,940 4,590,662 (404,642) 485,750 6,350 4,678,120 302 Urban Renewal 1,835,169 410,000 1,860,000 4,105,169 31,975 - - 4,137,144 303 General Government Improvements 500,021 300,500 500 801,021 12,627 - - 813,648 304 Flre Impact Fees 9,259 300,500 300,500 610,259 (9,259) - - 601,000 305 Public Safety Plan 147,873 6,705,000 6,100,000 12,952,873 3,016,390 74,750 - 16,044,013 306 City Facilities 4,249,144 3,450,000 - 7,699,144 751,718 1,150,000 - 9,600,862 401 Water 6,170,864 6,722,000 6,947,000 19,839,864 270,343 - - 20,110,207 402 Sewer 12,762,798 10,032,000 10,285,000 33,079,798 602,178 - - 33,881,976 411 Foster Golf Course 873,520 1,818,000 1,850,000 4,541,520 (331,281) 700,000 - 4,910,239 412 Surface Water 5,385,674 8,883,000 10,509,000 24,777,674 (502,438), - - 24,275,238 501 Equipment Rental 2,969,227 2,784,818 2,365,831 8,119,876 1,380,556 26,000 - 9,526,432 502 Insurance Fund 642,799 8,118,924 8,725,122 17,486,845 (555,257) - - 16,931,588 503 Insurance - LEOFF 1 Fund 243,203 316,000 438,000 995,203 93,392 - - 1,088,595 611 Firemen's Pension 1,516,780 70,000 70,000 1,656,780 676 - - 1,657,456 Total $ 63,599,214 $ 130,751,097 $ 138,440,389 9 332,790,700 $ 5,108,152 $ 8,402,977 12.913,042 359,214,871 EXPENDITURES 2021 Expenditures 2022 Expenditures 2022 Ending Fund Balance Total Expenditures Midaiennial Amendment Total Expenditures 2021 2022 Micialennia1Net Effect im 2022 Ending Fund Balance. 1°000 General $ 63,146,050 $ 66,974,260 $ 11,858,749 $ 141,979,059 2,344,067 $ 7,608,240 155,730 152,087,096 105 Contingency - 7,141,978 7,141,978 - - (653,809) 6,488,169 101 Lodging Tax 1,101,781 1,013,209 489,854 2,604,844 - 3,089 (33,544) 2,574,389 103 Residential Street 369,000 3,610,000 180,810 4,159,810 100,000 400,000 390,102 5,049,912 104 Medal Street 6,865,301 3,395,273 858,683 11,119,257 (2,615,000) 5,911,826 2,561,959 16,978,042 109 Drug Seizure Fund 200,000 40,000 224,243 464,243 26,000 - (27,709) 462,534 2XX LTGO Debt Serace 4,740,338 8,643,004 25,630 13,408,972 3,574,987 - 12,911 16,996,870 213 UTGO Bonds 3,602,975 4,374,975 78,389 8,056,339 - - (66,380) 7,989,959 206 LID Guaranty - - 725,137 725,137 1,676 726,813 233 2013 LID 648,588 628,563 597,222 1,874,373 (69,801) 1,804,572 301 Land Acquisition, Recreation & Park Den, 2,505,000 505,000 1,580,662 4,590,662 149,500 - (62,042) 4,678,120 302 Urban Renewal 1,235,000 2,786,000 84,169 4,105,169 (410,000) 410,000 31,975 4,137,144 303 General Government Improvements 240,000 200,000 361,021 801,021 - 12,627 813,648 304 Fire Improvements 300,000 300,000 10,259 610,259 - - (9,259) 601,000 305 Public Safety Plan 2,967,817 2,390,467 7,594,589 12,952,873 - - 3,091,140 16,044,013 306 City Facilities 7,662,408 - 36,736 7,699,144 (1,200,000) 1,425,000 1,676,718 9,600,862 401 Water 8,555,244 9,689,329 1,595,291 19,839,864 221,000 30,442 18,901 20,110,207 402 Sewer 11,751,296 11,801,825 9,526,677 33,079,798 623,500 31,124 (52,446) 33,681,976 411 Foster Golf Course 1,843,879 1,844,993 852,648 4,541,520 160,136 45,586 162,997 4,910,239 412 Surface Water 8,826,614 11,789,938 4,161,122 24,777,674 305,500 52,913 (860,851) 24,275,236 501 Equipment Rental 2,854,868 2,252,165 3,012,843 8,119,876 705,000 17,244 684,312 9,526,432 502 Insurance Fund 8,136,454 8,710,402 639,989 17.486,845 - - (555,257) 16,931,588 503 Insurance - LEOFF 1 Fund 486,920 497,040 11,243 995,203 - - 93,392 1,088,595 611 Firemen's Pension 65,000 66,000 1,526,780 1,656,780 - - 676 1,657,456 Total $ 138,104,533 $ 141,511,443 $ 53,174,724 $ 332,790,700 3,984,690 $ 15,935,464 6,504,017 359,214,871 127 128 Vp '11M1 4,0 AORiiiHa COUNCIL AGENDA SYNOPSIS Initials fleeting Date Prepared by Mayor's review Council review 11/15/21 JR ITEM INFORMATION ITEM No. 6 129 STAFF SPONSOR: MIKE PERFETTI ORIGINAL AGENDA DATE: 11/15/21 AGENDA ITEM TITLE Surface Acceptance Water Fund - Gilliam Creek Fish Barrier Removal of King County Flood Reduction Grant Funds 11/15/21 Motion Date 11/15/21 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date CATEGORY 0 Discussion a Mtg Date Mtg SPONSOR ❑Council ❑Mayor HR ❑DCD ❑Finance ❑Fire TS ❑PcR ❑Police 0PiW ❑Court SPONSOR'S City staff submitted a grant application and was awarded the full request from the King SUNLVARY County Flood Control District from its new Flood Reduction Grant that targets culvert replacement and fish passage. This funding will be used to support preliminary design, stakeholder involvement, and design development. Council is being asked to authorize the Mayor to sign the agreement for the Award of Flood Reduction Grant Funds between the City of Tukwila and King County for the Gilliam Creek Fish Barrier Removal Project. REVIEWED BY a Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dev. ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: VERNA SEAL ❑ LTAC DATE: 11/08/21 RECOMMENDATIONS: SPONSOR/ADMIN. COMMII Public Works Department to Regular Meeting IEE Forward COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: SURFACE WATER FUND 412 Comments: 2021-2026 CIP Pg. 85 MTG. DATE RECORD OF COUNCIL ACTION 11/15/21 MTG. DATE ATTACHMENTS 11/15/21 Informational Memorandum dated 11/05/2021 2021-2026 CIP Pg. 85 Agreement for Award of Flood Reduction Grant Funds Committee minutes for Transportation and Infrastructure distributed under separate cover. 129 130 TO: FROM: BY: CC: DATE: SUBJECT: INFORMATIONAL MEMORANDUM Transportation and Infrastructure Services Committee Had Ponnekanti, Public Works Director/City Engineer Mike Perfetti, Habitat Project Manager Mayor Ekberg November 5, 2021 Surface Water Fund - Gilliam Creek Fish Barrier Removal Project No. 99830105 Acceptance of King County Flood Reduction Grant Funds ISSUE Authorize the Mayor to sign a grant agreement with King County. BACKGROUND The primary goals of this project are to restore fish passage between Gilliam Creek and the Green River, restore salmon habitat, and maintain or improve flood protection. The 108" flapgate would be removed and replaced with flood protection more suitable to fish passage. DISCUSSION In May, staff submitted a grant application to the King County Flood Control District (KCFCD) requesting funds from its new Flood Reduction Grant that targets culvert replacement and fish passage. In October, the City was notified by the District that it is being awarded the full request. This funding will be used to support preliminary design, stakeholder involvement and design development. FISCAL IMPACT The City has $1,937,000 earmarked for design in the CIP, including $561,000 in surface water funds through 2023. While there is no match requirement, the City identified $300,000 in other grant funds as leverage. Grant Award Leverage KCFCD Grant $300,000 CWM-2021 Grant ...................................................................................................................................................................................................................................................................................................................................................................................................................................................... CWM-2020 Grant $200,000 $100,000 Total $300,000 $300,000 RECOMMENDATION Council is being asked to authorize the mayor to sign the Agreement for Award of Flood Reduction Grant Funds between the City of Tukwila and King County for the Gilliam Creek Fish Barrier Removal Project and consider this item on the Consent Agenda at the November 15, 2021 Regular Meeting. Attachments: 2021-2026 CIP Pg. 85 Agreement for Award of Flood Reduction Grant Funds Between the City of Tukwila and King County 4.21.24 131 132 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2021 to 2026 PROJECT: Gilliam Creek Fish Barrier Removal Project No. 99830105 DESCRIPTION: Construct fish passage improvements at existing flap gate and restore salmonid habitat; replace flap gate which may include a self-regulating tide gate or flood wall. JUSTIFICATION: Enable fish access to lower Gilliam Creek under wider range of flow conditions; fish barrier per WDFW and City; WRIA 9 salmon habitat project. STATUS: Analysis of lower Gilliam Creek is being conducted in 2018 to determine the best solution for fish passage and to address potential flooding. MAINT. IMPACT: Likely a shift in maintenance commitments with potential elimination of flapgate maintenance. COMMENT: In 2020, SRFB listed as Project of Concern, WRIA pulling funding from this cycle; BA Fish Barrier Board - scored 63 of 94; outcomes yet to be determined; $100K allocated in CWM via WRIA 9. FINANCIAL Through Estimated (in $000's) 2019 2020 2021 2022 2023 2024 2025 2026 BEYOND TOTAL EXPENSES Design 60 936 536 405 1,937 Land (RAN) 0 Monitoring 0 Const. Mgmt. 752 400 1152 Construction 5,200 2,000 7,200 TOTAL EXPENSES 60 0 936 536 405 5,952 2,400 0 0 10,289 FUND SOURCES Awarded Grant 0 Proposed Grant 708 350 258 4,760 1,000 7,076 Mitigation Actual 0 Mitigation Expected 0 City Oper. Revenue 60 0 228 186 147 1,192 1,400 0 0 3,213 TOTAL SOURCES 60 0 936 536 405 5,952 2400 0 0 10,289 2021 - 2026 Capital Improvement Program 85 133 134 Project Name: Gilliam Creek Fish Passage & Habitat Enhancement Award Number: 4.21.24 AGREEMENT FOR AWARD OF FLOOD REDUCTION GRANT FUNDS BETWEEN THE CITY OF TUKWILA AND KING COUNTY This Agreement is made between King County, a municipal corporation, and the City of Tukwila ("Recipient") (collectively referred to as the "parties" and in the singular "party"), for the purposes set forth herein. This Agreement shall be in effect from the date of execution to December 31, 2024. Project Contacts: Contact for King County — Kim Harper, Grant Administrator, 206-477-6079, Kim.harper@kingcounty.gov. Contact for Recipient — Mike Perfetti, 206-550-4930, Mike.perfetti@tukwilawa.gov. 1.1 SECTION 1. RECITALS Whereas, the King County Flood Control District ("District") is a quasi -municipal corporation of the State of Washington, authorized to provide funding for flood control and stormwater protection projects and activities; and 1.2 Whereas King County is the service provider to the District under the terms of an interlocal agreement ("ILA") by and between King County and the District, dated February 17, 2009, as amended, and as service provider implements the Districts annual work program and budget; and 1.3 Whereas, on November 12, 2013, the District's Board of Supervisors passed Resolution FCD2013-14 which established a Flood Reduction Grant Program and criteria for awarding grant funding for projects, and on November 4, 2020, the Board passed Resolution FCD2020-22, which authorized an allocation of $12,000,000 from the District's 2021 budget to fund flood reduction projects; and 1.4 Whereas, on September 14, 2021 the District's Board of Supervisors passed Resolution FCD2021-10, which approved the flood reduction projects described in Attachment A to that Resolution; and 1.5 Whereas, in accordance with the terms of these Resolutions, and in its capacity as service provider to the District, King County has established policies and procedures for administering the flood reduction grant program, a copy of which has been furnished to Recipient and which is incorporated herein by this reference (hereinafter "Grant Policies and Procedures"); and 1.6 Whereas, the Recipient submitted an application to receive funds for a project to be funded by the Flood Reduction Grant Program; and Page 1 of 6 135 Project Name: Gilliam Creek Fish Passage & Habitat Enhancement Award Number: 4.21.24 1.7 Whereas the District's Board of Supervisors approved funding of Recipient's application for the project ("Project"), as described in Attachment A to Resolution FCD2021-10 in the amount of $300,000 ("Award"); and 1.8 Whereas King County has received a Scope of Work and a Budget for the Project from the Recipient and has determined that the Scope of Work, attached hereto and incorporated herein as Exhibit B ("Scope of Work"), and the Budget, attached hereto and incorporated herein as Exhibit C ("Budget"), are consistent with the Grant Policies and Procedures, the Recipient's application for the Project, and the Resolution approving funding for the Project; and 1.9 Whereas, King County and the Recipient desire to enter into this Agreement for the purpose of establishing the terms and conditions under which King County will provide funding from the District in accordance with Resolution FCD2021-10, and the Grant Policies and Procedures, and under which the Recipient will implement the Project. SECTION 2. AGREEMENT 2.1. The Recitals are an integral part of this Agreement and are incorporated herein by this reference. 2.2. King County agrees to pay the Award amount to Recipient in the total amount of $300,000 from District funds. The Award shall be used by the Recipient solely for the performance of the Project, as described in Exhibit A to this Agreement. Exhibit A, attached hereto and incorporated herein by this reference, contains a description of the Project as described in Attachment A to Resolution FCD2021-10. King County shall pay the Recipient in accordance with the terms of the Grant Policies and Procedures. 2.3. The Recipient represents and warrants that it will only use the Award for the Scope of Work of this Agreement and in accordance with the Project Budget. The Recipient shall be required to refund to King County that portion of the Award which is used for work or tasks not included in the Scope of Work. Further, the Recipient agrees that King County may retain any portion of the Award that is not expended or remains after completion of the Scope of Work and issuance of the Final Report, as further described below. 2.4. Activities carried out for this Project and expenses incurred by the Recipient may predate the execution date of this Agreement provided that 1) they have been identified by Recipient as being within the scopes of numbers 2) and 3) below, and have been approved by King County as being within such scopes; 2) the activities are specified in the Scope of Work of this Agreement; 3) the expenses are incurred in carrying out the Scope of Work and are authorized by the Award as identified in the Budget of this Agreement; 4) the activities occur after the District passes a resolution approving an award for the Project; 5) such activities and expenses otherwise comply with all Page 2 of 6 136 Project Name: Gilliam Creek Fish Passage & Habitat Enhancement Award Number: 4.21.24 other terms of this Agreement; and 6) reimbursements shall be paid to the Recipient only after this Agreement has been fully executed. 2.5. The Recipient shall invoice King County for incurred expenses using the Request for Payment form and Progress Report form for those documented and allowable expenses identified in the Budget and according to the rules set forth in the Grant Policies and Procedures. Blank forms shall be provided to the Recipient by King County upon execution of this Agreement. A progress report (with or without a request for payment) shall be made no less frequently than every six months after the effective date of this Agreement nor more frequently than every three months after the aforementioned date. A Progress Report form shall be submitted with all payment requests. A one- time advance of no more than 25% of the Award amount may be allowed, in the discretion of King County, for expenses anticipated to be incurred in the three months following the date of submission of the advance Request for Payment only for work that is included in the Scope of Work of this Agreement, and identified as such in the Request for Payment. Documentation of payments made from the advance payment shall be submitted to King County prior to any further requests for payment. 2.6. The Recipient shall be required to submit to King County a final report which documents the Recipient's completion of the work in conformance with the terms of this Agreement within thirty (30) days after the completion of the work. The final report may be submitted on the Closeout Report form unless a more detailed final report is specified in the scope of work. A blank form shall be provided to the Recipient by King County upon execution of this Agreement. The final report shall include a summary of the Project's successes and shall address the flood reduction benefits accomplished by the work. 2.7. The Recipient's expenditures of Award funds shall be separately identified in the Recipient's accounting records. If requested, the Recipient shall comply with other reasonable requests made by King County with respect to the manner in which Project expenditures are tracked and accounted for in the Recipient's accounting books and records. The Recipient shall maintain such records of expenditures as may be necessary to conform to generally accepted accounting principles as further described in Section 2.8 below, and to meet the requirements of all applicable state and federal laws. 2.8. The Recipient shall be required to track project expenses using the Budget Accounting and Reporting System for the State of Washington ("BARS") or Generally Accepted Accounting Principles set forth by the Financial Accounting Standards Board or by the Governmental Accounting Standards Board. 2.9. King County or its representative, and the District or its representative, shall have the right from time to time, at reasonable intervals, to audit the Recipient's books and records in order to verify compliance with the terms of this Agreement. The Recipient shall cooperate with King County and the District in any such audit. Page 3 of 6 137 Project Name: Gilliam Creek Fish Passage & Habitat Enhancement Award Number: 4.21.24 2.10. The Recipient shall retain all accounting records and project files relating to this Agreement in accordance with criteria established by the Washington State Archivist Local Government Common Records Retention Schedule (CORE) as revised. 2.11. The Recipient shall ensure that all work performed by its employees, agents, contractors or subcontractors is performed in a manner which protects and safeguards the environment and natural resources and which is in compliance with local, state and federal laws and regulations. The Recipient shall implement an appropriate monitoring system or program to ensure compliance with this provision. 2.12. The Recipient agrees to indemnify, defend and hold harmless King County, and the District, their elected or appointed officials, employees and agents, from all claims, alleged liability, damages, losses to or death of person or damage to property arising out of any acts or omissions of the Recipient, its employees, agents, contractors or subcontractors in performing its obligations under the terms of this Agreement. 2.13. The Recipient agrees to acknowledge the District as a source of funding for the Project on all literature, signage or press releases related to the Project. The Recipient may obtain from King County a District logo that may be used in the acknowledgement. SECTION 3. GENERAL PROVISIONS 3.1. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. 3.2. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. No prior or contemporaneous representation, inducement, promise or agreement between or among the parties which relate to the subject matter hereof which are not embodied in this Agreement shall be of any force or effect. 3.3. No amendment to this Agreement shall be binding on any of the parties unless such amendment is in writing and is executed by the parties. The parties contemplate that this Agreement may from time to time be modified by written amendment which shall be executed by duly authorized representatives of the parties and attached to this Agreement. 3.4. Each party warrants and represents that such party has full and complete authority to enter into this Agreement and each person executing this Agreement on behalf of a party warrants and represents that he/she has been fully authorized to execute this Agreement on behalf of such party and that such party is bound by the signature of such representative. 3.5. The Project shall be completed by no later than December 31, 2024. In the event that the Project is not completed by this date, King County has the discretion, but not the obligation, to terminate this Agreement and retain any unexpended Award funds. 3.6. This Agreement may be signed in multiple counterparts. Page 4 of 6 138 Project Name: Gilliam Creek Fish Passage & Habitat Enhancement Award Number: 4.21.24 3.7. If any provision of this Agreement shall be wholly or partially invalid or unenforceable under applicable law, such provision will be ineffective to that extent only, without in any way affecting the remaining parts or provision of this Agreement, and the remaining provisions of this Agreement shall continue to be in effect. 3.8. The amount of the Award has been fully funded by the District. To the extent that funding of the Award requires future appropriations by the District, King County's obligations are contingent upon the appropriation of sufficient funds by the Board of Supervisors of the District to complete the Scope of Work. If no such appropriation is made, this Agreement will terminate at the close of the appropriation year for which the last appropriation that provides funds under this Agreement was made. KING COUNTY: RECIPIENT: By By Name Name Title Title Date Date Page 5 of 6 139 Project Name: Gilliam Creek Fish Passage & Habitat Enhancement EXHIBIT A: PROJECT DESCRIPTION Award Number: 4.21.24 PROJECT NAME RECIPIENT DESCRIPTION LEVERAGE AWARD Gilliam Creek Fish Passage & Habitat Enhancement City of Tukwila The Gilliam Creek Fish Barrier Removal and Habitat Enhancement Project will restore fish passage between Gilliam Creek and the Green River and improve habitat conditions within lower Gilliam Creek. Gilliam Creek is mostly inaccessible to aquatic species due to the presence of a 1960s era 108" -diameter flapgate at the outlet of a 207 -foot long culvert beneath 66th Ave. S. $300,000 $300,000 EXHIBIT B: SCOPE OF WORK TASKS ACTIVITIES AND DELIVERABLES APPROX. PERCENT OF AWARD MONTH/YEAR TASK WILL BE COMPLETED Task 1: Project Administration (Required task) Submit reimbursement request forms, backup documentation for billing, and progress reports at least every 6 months. Submit a Fiscal Closeout form and a Closeout Report form with the final reimbursement request. 1% October, 2024 Task 2: Design Development (match contributions) We hired a professional design consulting team to finalize preliminary feasibility work and develop three conceptual design alternatives. Deliverable will be the selection of the chosen alternative. 1% October, 2022 Task 3: Permitting We will hire a professional design consulting team to execute permitting for the preferred alternative up to 60%, 90% or 100% design, depending on alternative selected. Deliverables will be the permits for design and construction. 38% October, 2023 Task 4: 60%/90%/100% Design We will hire a professional design consulting team to execute design for the preferred alternative up to 60%, 90% or 100% design, depending on the alternative selected. Deliverable will be plans, specifications, and cost estimates to prepare the project for the construction phase. 60% October 2024 EXHIBIT C: BUDGET BUDGET ITEM GRANT AWARD REQUEST FINANCIAL LEVERAGE (not required) LEVERAG E TOTAL TOTAL (Grant + Leverage) SOURCE NAME 2020 CWM 2021 CWM AMOUNT STAFFING $1,500 $543 $1,326 $1,869 $3,369 PROJECT SUPPLIES COMMERCIAL SERVICES AND CREW TIME $298,500 $99,457 $198,674 $298,131 $596,631 TOTAL $300,000 $100,000 $200,000 $300,000 $600,000 Page 6 of 6 140 TO: City of Tukwila Mayor's Office - David Cline, City Administrator The City of opportunity, the community of choice Mayor Ekberg Councilmembers FROM: David Cline, City Administrator DATE: November 10, 2021 SUBJECT: City Administrator's Report Allan Ekberg, Mayor The City Administrator Report is meant to provide the Council, staff and community an update on the activities of the City and on issues that concern Tukwila. Please let me know if you have any questions or need additional information about any of the following items. �. Intergovernmental Update • Housing Action Plan Implementation Grant: Community Development staff was informed that Tukwila was awarded a $20,000 Housing Action Plan Implementation Grant from the Department of Commerce. This money will be used in collaboration with Auburn, Burien, Kent, Renton, and SKHHP (South King Housing and Homelessness Partners) to move forward with two of Tukwila's Transit -Oriented Development Housing Strategies Plan adopted recommendations: to track and monitor regulated affordable housing; and to track and monitor unregulated affordable housing. • ICMA Kettering NCL Race, Equity and Inclusion Leadership Institute: City Administrator Cline participated in an ICMA Kettering NCL Race, Equity and Inclusion Leadership Institute meeting on October 26. • National League of Cities Information Technology and Communications Committee: Mayor Ekberg participated in the National League of Cities Information Technology and Communications Committee meeting on October 26. • Sound Cities Association Mayors Meeting: Mayor Ekberg participated in a Sound Cities Association Mayors meeting on October 26. • King County City Managers/City Administrators Meetings: City Administrator Cline participated in a King County City Managers/City Administrators weekly phone call on October 27 and a monthly meeting on November 3. • Watershed Ecosystem Forum: On October 27 Mayor Ekberg participated in a Watershed Ecosystem Forum Management Committee meeting. • Briefing with King County Public Health: On November 2, Mayor Ekberg and City Administrator Cline participated in a Sound Cities Association briefing with King County Public Health. Tukwila City Hall • 6200 Svuthce at r' Boulevard • Tukwila, WA 98188 • 206-433-18 'i • Website: Tukwila WA.gov 141 City Administrator's Report November 10, 2021 Page 2 II. Community Events • Tukwila Park Work Parties: Green Tukwila has been very busy the past couple of weeks with multiple work parties. o Summer Search brought 18 youth from South King County to a work party hosted by Parks staff. Staff assisted the participants with planting and mulching 65 trees in two hours. o Partner in Employment brought their Youth Green Training program to the park for work parties Wednesday -Saturday. The youth planted and mulched 100 ferns and 15 conifers. This is the second year that Partner in Employment has been a steward at Tukwila Park. o Forterra lead a private work party with Otak Consulting and Families Group on a Saturday. The team removed 800 square feet of old -established English ivy in just a few hours. • Fern Fest 2021: Fern Fest 2021 was held at Riverton Park and had a small but mighty group of volunteers who got 30 sword ferns planted. This is the first planting, the event was led by staff Olena Perry and Forest Steward, Debbie Gordon. III. Staff Updates Project Updates • 42nd Ave S Bridge Replacement: The results for the in-person open gallery regarding the preferred bridge railing, landscaping, railing color, and lighting options have been posted on the project website. The draft type, size, and location (TS&L) report is expected to be submitted early this month as the project continues to move toward selection of the type and location. Once the bridge location and type are designated, the 30% plans and engineering estimate can be started. • Tukwila Pond Master Plan: Staff are working with the consultants to prepare the final Tukwila Pond Master Plan draft document and resolution for adoption in 2022. An update will be presented to CSS on November 15, 2021. The final presentation is scheduled for first quarter of 2022. • 2022 Environmental Education Workshops: Nature Vision just received approval from Cascade Water Alliance to work with Green Tukwila Staff and offer environmental education workshops to the Tukwila Preschool, Afterschool Program, and Teen program in 2022. Boards, Commissions and Committees • Arts Commission: The next meeting is tentatively scheduled for December 1, 2021. 2 Resident position terms expire December 31, 2021. No vacancies. • Civil Service Commission: The next meeting is scheduled for November 18, 2021. 1 resident term set to expire December 31, 2021. No vacancies. • COPCAB: The next meeting is scheduled for December 9, 2021. 3 Resident position terms set to expire December 31, 2021. VACANT: 1 School District Representative and Student Representative. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 142 City Administrator's Report November 10, 2021 Page 3 • Equity & Social Justice Commission: The next meeting is scheduled for December 2, 2021. 1 City Council Representative position term expires December 31, 2021. 2 Education position terms expires December 31, 2021. 1 City Employee position term expires December 31, 2021. 1 Community Representative position term expires December 31, 2021. VACANT: 1 Education Representative and Student Representative. • Human Services Advisory Board: The next meeting is in the process of being scheduled. 1 Resident position term expires December 31, 2021. 1 Faith -Based Community position term expires December 31, 2021. VACANT: 1 Business Community Representative. • Library Advisory Board: The next meeting is scheduled for January 4, 2022. 3 Resident position terms expire December 31, 2021. VACANT: Student Representative. • Lodging Tax Advisory Committee: The next meeting is scheduled for November 12, 2021. All positions are 1 -year terms. VACANT: 1 Business Collecting Tax Representative and 1 Funded by Tax Representative. • Park Commission: The next meeting is scheduled for November 10, 2021. 3 Community position terms expire December 31, 2021. VACANT: 1 Community Representative and Student Representative. • Planning Commission: The next meeting is scheduled for December 9, 2021. No terms set to expire in 2021. No vacancies. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 143 144 UPCOMING MEETINGS AND EVENTS NOVEMBER 2021 Due to COVID-19, meetings will be held electronically, with telephone access available (see agenda page). NOV15 MON NOV 16 TUE NOV 17 WED NOV 18 THU NOV 19 FRI NOV 20 SAT ➢ Community Services and Safety 5:30 PM Electronic meeting ➢ Planning and Community Development 5:30 PM Electronic meeting ➢ City Council Regular Meeting 7:00 PM Electronic meeting HUNGER & HOMELESSNESS COMMUNITY CONVERSATION Still Waters Weekend SnackPack is excited to host a free virtual event. Join industry experts and community members to raise awareness, discuss solutions and amplify the work of Hunger & Homelessness in Tukwila and our sister cities. 5:00 PM VIRTUAL Clliick here to register. 32ND ANNUAL SENIOR THANKSGIVING LUNCHEON ON NOV 23 MUST RSVP NO LATER THAN TODAY. See below for more information. ➢CII Vh Service Com m iissiioln 5:00 PM Electronic meeting ➢Bio11 Cancelled TUKWILA BLOOD SHORTAGE! Donate by NOV 30 for a chance to win a Nintendo Switch. Your donation is critical! With less than a 24-hour supply of blood on hand for hospitals, more donors are needed to make and keep their appointments with Bloodworks Northwest. To schedule an appointment, call 206-241-6300. Clliick here to sclhedulle an appoiilntrnelnt r lnlliilr e, ilk IEI ad m TUI ILA I fA RTN EftS111P k RESTORE DUWAMISH AT FORT DENT PARK WORK PARTY Join other community members in celebrating the river and our urban forest by helping to plant some native plants. Limited to 20 people. 9:00 AM- 12:00 PM Clliick here to siigln-up. DUWAMISH HILL PRESERVE WORK PARTY The work party is to plant trees, and remember to eat before volunteering. Tools, training and gloves provided. Limited to 20 people. 10:00 AM - 1:00 PM Clliick here to siigln-up. NOV 22 MON NOV 23 TUE NOV 24 WED NOV 25 THU NOV 26 FRI NOV 27 SAT ➢ Finance and Governance 5:30 PM Electronic meeting ➢ Transportation and Infrastructure Services 5:30 PM Electronic meeting ➢ City Council Committee of the Whole Meeting 7:00 PM Electronic meeting Special Meeting to immediately follow Committee of the Whole Meeting. 32ND ANNUAL SENIOR THANKSGIVING LUNCHEON See below for more information. ➢ Arts Commission 6:00 PM Electronic meeting City offices and Community Center closed. City offices and Community Center closed. NAL BLV Action Committee TUKWILA INTERNATIONAL BOULEVARD ACTION COMMITTEE TRASH PICK-UP DAY For more information, call Sharon Mann at 206-200-3616. COVID-19 FINANCIAL RESOURCES FOR RESIDENTS, WORKERS AND BUSINESSES Many changes are happening in response to the COVID-19 virus and federal, state and local governments are working to help. The City of Tukwila has compiled a range of information developed by various agencies and governments that may be helpful to our businesses, workers, and residents. Click here for more information and resources. TUKWILA TEEN & SENIOR CENTER SURVEY, MEETINGS AND OPEN HOUSE EVENTS The City is exploring the development of the Tukwila Teen & Senior Center project, and we're looking for the community's input on where to locate this facility. Click here to get more information arid complete the online survey. Click here for the flyer. Tuesday, Nov 30 5:30 PM Wednesday, Dec 1 5:30 PM Bartell Site Meeting (Virtual) Nursery Site Meeting (Virtual) Saturday, Dec 4 2:00 PM -5:00 PM Community Open House (In -Person) Sullivan Center, 14350 Tukwila Intl Blvd Tuesday, Dec 14 5:30 PM Community Meeting (Virtual) Ti T VSA) i 32ND ANNUAL SENIOR THANKSGIVING LUNCHEON NOV 23 11:00 AM U I� VY L Enjoy a lovely Thanksgiving meal amongst friends and neighbors at this year's Senior Thanksgiving Luncheon. The event will be held at the &1RKti+N RECREATION Double Tree In & Suites in Tukwila, Masks are required and proof of vaccination or negative COVID test within 72 hours of event is also required. Music and entertainment by the Social Mix. RSVP early as space is limited! Call 206-768-2822 to RSVP no later than Nov 18. SPIRIT OF GIVING TO HELP TUKWILA KIDS AND THEIR FAMILIES Tukwila Parks and Recreation staff are collecting food gift cards, cozy blankets, warm hats and mittens, and items that promote active and Creative play to help 150 families this winter. There is a greater emphasis on collecting items that support physical and emotional health, items to help keep kids warm, and items to support family wellness. Individuals, groups and businesses interested in contribution can contact Giving@julkwilaWA.gov or call 206-768-2822. Financial contributions can be gifted through our partners at the Tukwila Children's Foundation. 100% of all contributions go directly to Tukwila children and their families. Click here to donate. SPREAD JOY AND DONATE ORNAMENTS Help decorate Holiday Trees in Tukwila parks by donating ornaments. Please drop off at the Tukwila Community Center before December 1". No glass ornaments. DRIVE THRU PICK-UP 3118 S 140TH ST TUESDAYS, THURSDAYS AND SATURDAYS 10:00 AM - 2:00 PM rivi;444,,,;eex Tukwila Pantry is in need of shopping bags. cy,�VOLUNTEERS — In need of volunteers between 8 AM - 1 PM for food packaging Mondays, Wednesdays and Fridays and food distributions Tuesdays, Thursdays and Saturdays. Click here to sign-up to volunteer. DONORS — Please donate at TulkwilalPantry.org. STILL WATER SNACK PACK NEEDS YOUR DONATIONS AND VOLUNTEER HELP! SnackPack serves food bags on Fridays to Tukwila students in need. Volunteers needed on Wednesdays, 1 pM-3 PM, Thursdays 9 AM -10 AM and Fridays 9:45 AM -12:15 PM. Please donate to feed our Tukwila kids. For more information, call 206-717-4709 or visit faceboolk.com(TulkwilaWeeIkendSnaclkPaclk. Checks can be mailed to Still Waters, PO Box 88576, Tukwila WA 98138. Public Health yryhtiHt l nth,4:ratrot[}` COVID-19 TESTING Rapid, over the counter COVID tests are now widely available around King County. These tests are also known as home-based self -collected COVID tests or antigen tests provide results in 15 minutes. Click here for more information. Click here to find COVIID testing sites by location in King County. FREE COVID-19 VACCINATION EVERY SATURDAY, NOV 6 — DEC 18 10:00 AM -1:00 PM (FOR NOV 13 —1:00 PM — 4:00 PM) SULLIVAN CENTER -14350 TUKWILA INTL BLVD No proof of residency required. No insurance needed, Walk-ins accepted, and interpretation provided. 145 Tentative Agenda Schedule MEETING 1 — REGULAR MEETING 2 — C.O.W. MEETING 3 — REGULAR MEETING 4 — C.O.W. NOVEMBER 1 See below link for the agenda packet to view the agenda items: November 1, 2021 Regular' Meeting NOVEMBER 8 See below link for the agenda packet to view the agenda items: November 8, 2021 Committee of the Whole Meeting NOVEMBER 15 See below link for the agenda packet to view the agenda items: November 15, 2021 Regular' Meeting NOVEMBER 22 Public Hearing An Ordinance amending Ordinance Nos. 2462 and 2538, as codified at Tukwila Municipal Code Sections 3.90.050 and 3.90.060, to amend eligibility criteria and to allow new applications for Multi -Family Residential Property Tax Exemptions to be submitted. Location: The boundary of the residential targeted area is that portion of the Tukwila Urban Center Zone's Transit Oriented Development District that lies west of the Green River. Special Issues - COVID-19 Weekly Report. - Legislative Agenda: - A Legislative update from David Foster, City Lobbyist. - A resolution adopting a Legislative Agenda for use during the 2022 Washington State Legislative Session. - An Ordinance amending Ordinance Nos. 2462 and 2538, as codified at Tukwila Municipal Code Sections 3.90.050 and 3.90.060, to amend eligibility criteria and to allow new applications for Multi -Family Residential Property Tax Exemptions to be submitted. - Legislation updating the Investment Policy. Special Meeting to follow the Committee of the Whole Meeting. Consent Agenda Authorize the Mayor to sign an agreement with the Washington State Office of Public Defense to accept a grant for 2022-2023 in the amount of $75,000. MEETING 1 — REGULAR MEETING 2 — C.O.W. MEETING 3 — REGULAR MEETING 4 — C.O.W. DECEMBER 6 Consent Agenda DECEMBER 13 Special Issues DECEMBER 20 DECEMBER 27 - Park Lease Agreements: - Authorize the Mayor to sign a Lease Agreement with the Tukwila School District for the Duwamish Park. - Authorize the Mayor to sign a Lease Agreement with the Tukwila School District for the Joseph Foster Memorial Park. - Authorize the Mayor to sign a Lease Agreement with the Tukwila School District for the Riverton Park. - Award a bid and authorize the Mayor to sign a contract for the West Valley Highway-Longacres Way Project. - Authorize the Mayor to sign a contract for the South 152"d Street SRTS Project. - Authorize the Mayor to sign a contract for the 2022 Overlay Program in the amount of $150,000. Unfinished Business - COVID-19 Weekly Report. - Lease Agreements: - Authorize the Mayor to sign a Lease Agreement for Police Evidence Vehicle Processing and Storage. - Authorize the Mayor to sign a Lease Agreement with the SeaWolves for Fire Station 51. - Contract for audio recording for interview rooms in the amount of $98,000. Special Meeting to follow the Committee of the Whole Meeting. Consent Agenda - Lease Agreements: - Authorize the Mayor to sign a Lease Agreement for Police Evidence Vehicle Processing and Storage. - Authorize the Mayor to sign a Lease Agreement with the SeaWolves for Fire Station 51. - Contract for audio recording for interview rooms in the amount of $98,000. - COVID-19 Weekly Report. - A resolution adopting a Legislative Agenda for use during the 2022 Washington State Legislative Session. - An Ordinance amending Ordinance nos. 2462 and 2538, as codified at Tukwila Municipal Code Sections 3.90.050 and 3.90.060, to amend eligibility criteria and to allow new applications for Multi -Family Residential Property Tax Exemptions to be submitted. - Legislation updating Investment Policy. - An ordinance repealing Ordinance No. 1916 relating to the City's Investment Policy, thereby eliminating Tukwila Municipal Code Chapter 3.28. - A resolution adopting an Investment Policy. New Business Resolutions of service appreciation to Councilmember Seal and Councilmember Idan. 146