HomeMy WebLinkAboutReg 2022-11-21 COMPLETE AGENDA PACKETTukwila City Council Agenda
•••• REGULAR MEETING ❖
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1905
Allan Ekberg, Mayor Councilmembers: + Kathy Hougardy + De'Sean Quinn
David Cline, City Administrator + Kate Kruller + Cynthia Delostrinos Johnson
Thomas McLeod, Council President ❖Mohamed Abdi ❖ Tosh Sharp
THE MEETING WILL
ON-SITE
THE
Monday, November
BE CONDUCTED
PRESENCE WILL
PHONE NUMBER
For Technical
21, 2022;
BOTH ON-SITE AT TUKWILA CITY HALL AND ALSO VIRTUALLY.
BE IN THE COUNCIL CHAMBERS (6200 SOUTHCENTER BOULEVARD).
FOR THE PUBLIC TO PARTICIPATE IN THE MEETING IS:
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Support during the meeting call: 1-206-433-7155.
7:00 PM • Ord #2682 • Res #2057
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
Those wishing to provide public comments may verbally address the City Council
both on-site at Tukwila City Hall or via phone or Microsoft Teams for up to
5 minutes for items both on and not on the meeting agenda.
To provide comment via phone or Microsoft Teams, please email
citycouncil@tukwilawa.gov with your name and topic by 5:00 PM on the meeting
the
date. Please clearly indicate that your message is for public comment during
meeting, and you will receive further instructions.
4. CONSENT AGENDA
a. Approval of Minutes: 11/7/22 (Regular Mtg.)
b. Approval of Vouchers
c. A resolution repealing Resolution Nos. 2012, 2021, and 2046,
and adopting a Consolidated Permit Fee Schedule.
[Reviewed and forwarded to Consent by the Planning and Community
Development Committee on 10/3/22.]
d. Authorize the Mayor to sign a contract with Ogden Murphy
Wallace, PLLC, for 2023-2024 City Attorney services.
[Reviewed and forwarded to Consent by the Finance and Governance
Committee on 10/24/22.]
e. Authorize the Mayor to sign a contract with Kirshenbaum & Goss,
Inc. P.S., for 2023-2024 public defense services.
[Reviewed and forwarded to Consent by the Finance and Governance
Committee on 10/24/22.]
(continued..)
Pg.1
Pg.15
Pg.17
REGULAR MEETING
November 21, 2022
Page 2
4. CONSENT AGENDA
f. Authorize the Mayor to accept the Salmon Recovery Fund Board
Pg.19
(cont.)
Grant Agreement with the Washington State Recreation and
Conservation Office for the Gilliam Creek Fish Barrier Removal
Project in the amount of $250,000.00.
[Reviewed and forwarded to Consent by the Transportation and
Infrastructure Services Committee on 11/7/22.]
g. Authorize the Mayor to sign a contract with BHC Consultants, LLC,
for plan review and inspection services in the amount of
Pg.49
$150,000.00. [Reviewed and forwarded to Consent by the Planning
and Community Development Committee on 11/7/22.]
h. Authorize the Mayor to sign a contract with Reid Middleton, Inc.,
for structural plan review services in the amount of $150,000.00.
Pg.65
[Reviewed and forwarded to Consent by the Planning and Community
Development Committee on 11/7/22.]
i. An ordinance repealing Ordinance No. 2253 §1 (part) and
amending Ordinance No. 1995 §1 (part), as codified at Tukwila
Pg.79
Municipal Code (TMC) Chapter 11.08, "Permits," to retitle
TMC Chapter 11.08 as "Right -of -Way Use Permits," and establish
new regulations related to activities within the right-of-way.
[Reviewed and forwarded to Consent by the Transportation and
Infrastructure Services Committee on 11/7/22.]
j. Authorize the Mayor to accept the Federal Highway
Pg.105
Administration Congestion Mitigation and Air Quality
Improvement Program Grant Agreement with Puget Sound
Regional Council for the 2023-2024 Transportation Demand
Management Program in the amount of $450,000.00.
[Reviewed and forwarded to Consent by the Transportation and
Infrastructure Services Committee on 11/7/22.]
k. Authorize the Mayor to sign Amendment No. 1 to contract
Pg.113
#20-120 with the Walls Law Firm for prosecution services in the
amount of $75,000.00. [Reviewed and forwarded to Consent by the
Finance and Governance Committee on 11/14/22.]
I. Authorize the Mayor sign a contract with Mr. Rooter Plumbing
for Foster Golf Links Water Main Line Repair in the amount of
Pg.121
$72,675.12. [Reviewed and forwarded to Consent by the Community
Services and Safety Committee on 11/14/22.]
(continued...)
REGULAR MEETING
November 21, 2022
Page 3
5. PUBLIC HEARING
An ordinance vacating certain property located within the City,
dedicated for street purposes, generally described as portions of
South 140th Street; amending the official street map of the City.
To provide public hearing comments, please email
citycouncil@tukwilawa.gov, provide your first and last name, and
Pg.139
reference the public hearing topic in the subject line, by 5:00 p.m. on
November 21, 2022. Once you have signed up by email, your name
will be called upon during the meeting to speak for up to 5 minutes.
Call 1-253-292-9750, ACCESS CODE 670077847# or Join Microsoft
Teams Meeting at 7:00 p.m. on November 21, 2022 to access the
meeting.
You may also attend the public hearing in person and provide
your comments on-site.
6. UNFINISHED
BUSINESS
a. An ordinance vacating certain property located within the City,
dedicated for street purposes, generally described as portions of
South 140th Street; amending the official street map of the City.
b. Tax levy legislation:
(1) An ordinance increasing the City of Tukwila regular levy from the
previous year, commencing January 1, 2023, on all property,
both real and personal, in compliance with RCW 84.55.120.
(2) An ordinance levying the general taxes for the City of Tukwila in
King County for the fiscal year commencing January 1, 2023, 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.
c. Budget legislation:
(1) An ordinance amending Ordinance No. 2641, which adopted the
City of Tukwila's Biennial Budget for the 2021-2022 biennium, to
adopt an amended year-end budget.
(2) Discussion only on an ordinance adopting the biennial budget of
the City of Tukwila for the 2023-2024 biennium.
(3) Discussion only on a resolution adopting the 2023-2028 Financial
Planning Model and the Capital Improvement Program for general
government and the City's enterprise funds.
(continued..)
Pg.139
Pg.147
Pg.149
Pg.151
Pg.155
Pg.161
Pg.167
REGULAR MEETING
November 21, 2022
Page 4
6. UNFINISHED
BUSINESS
(cont.)
d. Business and Occupation (B&O) tax legislation:
Discussion only on an ordinance establishing a new Chapter 3.26
of the Tukwila Municipal Code (TMC) entitled, "Business and
Occupation Tax"; establishing TMC Chapter 3.27 entitled
"Business and Occupation Tax Administrative Provisions"; and
providing for a referendum process.
e. A resolution authorizing the transfer of funds for the purpose
of making a loan from the Sewer Fund to the General Fund;
establishing an interest rate and repayment schedule for said
interfund loan (Fire Department apparatus).
f. An ordinance amending Tukwila Municipal Code Section 2.05.010
to fix the amount of compensation for Councilmembers for years
2023 through 2026; repealing Ordinance No. 2668.
g Authorize the Mayor to accept the Open Spaces River Corridors
Grant Agreement with King County for the Nelsen Side Channel
Project in the amount of $250,000.00.
h. Authorize the Mayor to accept the Cooperative Watershed
Management Grant Agreement with King County for the Gilliam
Creek Fish Barrier Removal Project in the amount of $250,000.00;
the Nelsen Side Channel Project in the amount of $100,000.00;
and the Riverton Creek Project in the amount of $40,000.00.
i. Authorize the Mayor to accept the King County Flood Control
District Flood Reduction Grant Agreement with King County for
the Gilliam Creek Fish Barrier Removal Project in the amount of
$250,000.00 and the South 131st Street Project in the amount
of $100,000.00.
Pg.169
Pg.231
Pg.235
Pg.241
Pg.251
Pg.269
7. NEW BUSINESS
8. REPORTS
a. Mayor
b. City Council
c. Staff — City Administrator Report
Pg.285
9. MISCELLANEOUS
10. EXECUTIVE SESSION
11. 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: https://www.tukwilawa.gov/departments/city-council/
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor's review
Council review
10/24/22
NG
11/14/22
NG
11/21/22
NG
ITEM INFORMATION
ITEM NO.
4.C.
STAFF SPONSOR: NORA GIERLOFF
ORIGINAL AGENDA DATE: 10/24/22
AGENDA ITEM TITLE Consolidated Permit Fee Resolution
CATEGORY ® Discussion
Mtg Date 10/24, 11/14
❑ Motion
Mtg Date
® Resolution
Mtg Date 11/21/22
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ® DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ® PTV
SPONSOR'S
SUMMARY
The City has previously updated permit fees on a two-year cycle to align with the budget
cycle and reflect the cost of service. Staff is suggesting that permit fees increase at 8.5%
in 2023 and 7% in 2024 to reflect the City's increased labor and benefit costs due to a
rapid rise in inflation.
REVIEWED BY
❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ® Planning & Community Dev.
❑ LTAC
DATE: 10/3/22
❑ Arts Comm.
❑ Parks Comm. ❑ Planning Comm.
COMMITTEE CHAIR: CD]
RECOMMENDATIONS:
SPONSOR/ADMIN. Department of Community Development
COMMIrrLE Direct to full Council
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED
AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
10/24/22
Discussed resolution and asked for changes to the residential remodel fee
11/14/22
Forwarded to next Regular Meeting Consent Agenda
11/21/22
MTG. DATE
ATTACHMENTS
10/24/22
Informational Memorandum dated 9/26/22 with attachments
Planning and Community Development Committee Minutes from 10/3/22
11/14/22
Informational Memorandum dated 9/26/22 with attachments (revised)
Draft Resolution (revised after 10/24 C.O.W. Meeting)
11/21/22
Final Resolution
1
2
City of Tukwila.
Washington
Resolution No.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REPEALING RESOLUTION NOS.
2012, 2021, AND 2046, AND ADOPTING A CONSOLIDATED
PERMIT FEE SCHEDULE.
WHEREAS, the City Council adopted Resolution No. 2012 in 2020, establishing the
City's current consolidated permit fee schedule; and
WHEREAS, Resolution No. 2012 was amended by Resolution Nos. 2021 and
2046, which amended the fees for wireless permits, tree/landscape permits, and zoning
verification letters; and
WHEREAS, the Public Works permit structure for infrastructure and right-of-way
permits has changed due to an update to Tukwila Municipal Code Chapter 11.08; and
WHEREAS, the permit structure for small wireless facilities has changed due to an
update of TMC Chapter 18.58; and
WHEREAS, the City intends to update permit fees on an annual basis, with any
increases tied to growth in City expenses for providing permit services; and
WHEREAS, the City Council wishes to recover a portion of the City's costs for
review and processing of permit applications; and
WHEREAS, the City has adopted a biennial budget process; and
WHEREAS, the City's primary cost for permit processing is employee salaries and
benefits; and
WHEREAS, the Seattle Consumer Price Index (CPI -W) was 9.5% for the June
2022 period; and
WHEREAS, the cost for employee benefits has also risen; and
WHEREAS, increasing flat fee permits by 8.5% in 2023 and 7% in 2024 will enable
revenues to track with increasing City labor costs; and
WHEREAS, the permit fees for short plats, subdivisions, development agreements,
rezones, and lot consolidations have been increased by larger amounts based on the
amount of staff time required and comparison with other jurisdictions;
CC: \Legislative Develop ment\Con solidated permit fee schedule 2023-2024 11-10-22
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Permit Description
2023 Fee
2024 Fee
Right -of -Way Use Permit
(ROWUP). Required for
(Franchise and Non -
Franchise Holders).
$276.00 application base fee,
Technology Fee and, as
applicable, four additional fees
based on construction value:
1) Plan Review
2) Construction Inspection
3) Pavement Mitigation
4) Grading Plan Review
See Public Works Bulletin Al for
fee schedule.
$295.00 application base fee,
Technology Fee and, as
applicable, four additional fees
based on construction value:
1) Plan Review
2) Construction Inspection
3) Pavement Mitigation
4) Grading Plan Review
See Public Works Bulletin Al for
fee schedule.
Annual Activities Blanket
Permit (AABP). Issued to
Existing Franchise Holders.
$276.00 application base fee,
Technology Fee and, as
applicable, two additional fees
based on construction value:
1) Plan Review
2) Construction Inspection
See Public Works Bulletin Al for
fee schedule.
$295.00 application base fee,
Technology Fee and, as
applicable, two additional fees
based on construction value:
1) Plan Review
2) Construction Inspection
See Public Works Bulletin Al for
fee schedule.
Franchise application
deposit for all franchise
applications except cable
franchises.'
$5,506.00 deposit
$5,891.00 deposit
1 Requires a deposit with franchise application. The deposit is intended to cover all administrative
expenses incurred by the City (including staff/consultant related time) associated with the review
of each franchise application and associated franchise negotiations. Additional fees may apply if
additional staff/consultant related time is necessary. Any application fee deposit monies not used
for administrative expenses associated with the review of each franchise application and franchise
negotiation shall be returned to the applicant following the approval or denial of the franchise by
the City Council. This administrative fee excludes normal permitfees required forwork within the
City rights-of-way.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Repealer. Resolution Nos. 2012, 2021, and 2046 are hereby repealed,
effective January 1, 2023.
Section 2. For 2023 and 2024, the Technology Fee shall be set at 5% of the
applicable permit fee.
Section 3. Right -of -Way Use and Franchise Permit fees shall be charged
according to the following schedule:
RIGHT-OF-WAY USE PERMITS FEE SCHEDULE
CC: \Legislative Develop ment\Co nsolidated permit fee schedule 2023-2024 11-10-22 Page 2 of 12
NG:Lis Review and analysis by Barbara Saxton
4
Permit Description
2023 Fee
2024 Fee
Franchise Application Fee–
Cable
$5,506.00 plus 5% of total
revenue
$5,891.00 plus 5% of total
revenue
Street Vacation
$1,322.00
$1,415.00
Latecomer's Agreements
$549.00 processing fee, plus
17% administrative fee, plus
$549.00 segregation fee
$587.00 processing fee, plus
17% administrative fee, plus
$587.00 segregation fee
Flood Zone Control Permit
$55.00 + Technology Fee
$59.00 + Technology Fee
Infrastructure Inspector
Safety, Investigation or
Re -inspection Fee
$77.00 per hour
$83.00 per hour
Infrastructure Inspection
Outside of Normal Business
Hours (four-hour minimum
charge)
$116.00 per hour
$124.00 per hour
Section 4. Land use permit and processing fees will be charged according to the
following schedule:
LAND USE FEE SCHEDULE
All peer review fees will be passed through to the applicant per TMC Section 18.50.200.
Decision Type
2023 Fee
2024 Fee
Plus
Hearing
Examiner
Fee
Plus
Technology
Fee (TF)
APPEALS
Appeal of Type 1, 2 and 4 Decisions
$743
$795
SEPA MDNS Appeal
$743
$795
Appeal of Sign Code Decision
$743
$795
Appeal of Fire Impact Fees
$743
$795
Appeal of Parks Impact Fees
$743
$795
Appeal of Transportation Impact Fees
$743
$795
SIGNS (TMC Chapter 19)
Permanent
$307
$328
+ TF
Temporary
$50
$54
+ TF
Pole/Banner Initial Application
$307
$328
+ TF
Special Event
$133
$142
+ TF
Pole/Banner Annual Renewal
$67
$72
+ TF
New Billboard
$743
$795
+ TF
Master Sign Program—Admin
$2,744
$2,936
+ TF
Master Sign Program—BAR
$4,393
$4,701
+ TF
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5
Decision Type
2023 Fee
2024 Fee
Plus
Hearing
Examine
r Fee
Plus
Technolog
y Fee (TF)
TUC MODIFICATIONS
Modification to TUC Corridor
Standards
(TMC Section 18.28.130.C)
$743
$795
+ TF
Modification to TUC Open Space
Regulations
(TMC Section 18.28.250.D.4.d)
$743
$795
+ TF
Transit Reduction to Parking
Requirements
(TMC Section 18.28.260.8.5.b)
$743
$795
+ TF
DESIGN REVIEW (TMC Section 18.60.030)
Administrative
$2,822
$3,020
+ TF
Public Hearing
$5,058
$5,412
+ TF
Major Modification
$1,733
$1,854
+ TF
Minor Modification
$788
$843
+ TF
PARKING VARIANCES AND SPECIAL PERMISSIONS
Administrative Parking Variance
(Type 2—TMC Section 18.56.140)
$743
$795
+ IF
Parking Variance
(Type 3—TMC Section 18.56.140)
$1,224
$1,310
+ HE
+ TF
Parking Standard for use not
specified
(TMC Section 18.28.250.D.4.d.1 and
TMC Section 18.56.100)
$732
$783
+ TF
Residential Parking Reduction
(TMC Section 18.56.065)
$743
$795
+ TF
Shared, covenant, Complementary
Parking Reduction
(TMC Section 18.56.070)
$743
$795
+ TF
Parking Lot Restriping
(TMC Section 18.56.120)
$743
$795
+ TF
VARIANCES, SPECIAL PERMISSIONS AND SITE PLAN REVIEW
Variances
(TMC Chapter 18.72)
$3,571
$3,821
+ HE
+ TF
Environmentally Sensitive Areas
Deviation, Buffer Reduction
(TMC Chapter 18.45)
Reduced fee for LDR home-
owners, no associated short plat
$1,889
$743
$2,021
$795
+ TF
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6
Reasonable Use Exception
(TMC Section 18.45.180)
$3,778
$4,042
Plus
Plus
Exception from Single Family
Design Standard
(TMC Section 18.50.055)
$743
$795
Hearing
Technology
Decision Type
2023 Fee
2024 Fee
Examiner
Fee (TF)
Tree Permit for single family
residential properties
(TMC Chapters 18.44, 18.45 and
18.54, including shoreline and
critical areas tree permits)
$135
$144
Fee
+ TF
Reasonable Use Exception
(TMC Section 18.45.180)
$3,778
$4,042
+ HE
+ TF
Exception from Single Family
Design Standard
(TMC Section 18.50.055)
$743
$795
+ HE
+ TF
Special Permission Cargo
Container
(TMC Section 18.50.060)
$743
$795
+ TF
Tree Permit for single family
residential properties
(TMC Chapters 18.44, 18.45 and
18.54, including shoreline and
critical areas tree permits)
$135
$144
+ TF
Tree Permit and Landscape
Modification Permit and Exceptions
for non -single family residential
properties
(TMC Section 18.53.120, and
Chapters 18.44, 18.45 and 18.54,
including shoreline and critical
areas tree permits)
$743
$795
+ TF
LOT CREATION AND CONSOLIDATION
Boundary Line Adjustment
(TMC Chapter 17.08)
$2,100
$2,247
+ TF
Lot Consolidation
(TMC Chapter 17.08)
$1,000
$1,070
+ HE
+ TF
Short Plat (2-4 lots)
(TMC Chapter 17.12)
$6,000
$6,420
+ TF
Short Plat (5-9 lots)
(TMC Chapter 17.12)
$8,000
$8,560
+ TF
Subdivision Preliminary Plat
(10+ lots)
$8,500
$9,095
+ HE
+ TF
(TMC Section 17.14.020)
Subdivision Final Plat (10+ lots)
$5,000
$5,350
+ TF
(TMC Section 17.12.030)
Binding Site Improvement Plan
(TMC Chapter 17.16)
$4,823
$5,160
+ TF
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7
Planned Residential Development—
Administrative
(TMC Section 18.46.110)
$2,744
$2,936
Plus
Plus
Planned Residential Development—
Public Hearing
(TMC Section 18.46.110)
$6,298
$6,739
Hearing
Technology
Decision Type
2023 Fee
2024 Fee
Examiner
Fee (TF)
Planned Residential Development—
Major Modification
(TMC Section 18.46.130)
$3,063
$3,277
Fee
+ TF
Planned Residential Development—
Administrative
(TMC Section 18.46.110)
$2,744
$2,936
+ TF
Planned Residential Development—
Public Hearing
(TMC Section 18.46.110)
$6,298
$6,739
+ TF
Planned Residential Development—
Minor Modification
(TMC Section 18.46.130)
$743
$795
+HE
+ TF
Planned Residential Development—
Major Modification
(TMC Section 18.46.130)
$3,063
$3,277
+ TF
ELESS COMMUNICATION FACILITY (TMC Section 18.58.050)
Eligible Facilities Modification
$743
$795
+ TF
Substantial Change
$2,118
$2,266
+ TF
New Macro Facility
$4,237
$4,534
+HE
+ TF
LL WIRELESS COMMUNICATION FACILITY PERMITS (TMC Chapter 23.04)
Non-recurring fee per application,
which covers up to 5 small wireless
communication facilities (SWF), plus
added fee for each additional SWF
beyond 5
$543 for
up to 5
$109 for
each
additional
$580 for
up to 5
$116 for
each
additional
+ TF
Non-recurring fee per application for
each new pole intended to support
one or more SWF
$1,085
$1,161
+ TF
Recurring site fee (per year) for$293
locating a SWF on City property
$743
$313
+ TF
r
Checklist
$2,157
$2,308
+ TF
SEPA EIS
$3,778
$4,042
+ TF
SEPA Planned Action
$743
$795
+ TF
SEPA Addendum
$743
$795
+ IF
SEPA Exemption Letter
$442
$473
+ TF
Critical Area Master Plan Overlay
(TMC Section 18.45.160)
$6,298
$6,739
+ TF
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8
Page 6 of 12
Decision Type
2023 Fee
2024 Fee
Plus
Hearing
Examiner
Fee
Plus
Technology
Fee (TF)
SHORELINE PERMITS
Project value: $5,000 - $10,000
$1,492
$1,596
+ TF
$10,001 - $50,000
$3,493
$3,737
+ TF
$50,001 - $500,000
$5,566
$5,956
+ TF
More than $500,000
$7,059
$7,553
+ TF
Permit Exemption Letter, Shoreline
$307
$329
+ TF
Shoreline Permit Revision
$771
$825
+ TF
Conditional Use Permit, Shoreline
(TMC Section 18.44050)
$4,901
$5,244
+ HE
+ TF
Shoreline Environment Redesignation
$3,778
$4,042
+ TF
NOISE VARIANCES (TMC Section 8.22.120)
Type I
$609
$651
+ TF
Type II
$827
$885
+ IF
Type III
$1,839
$1,968
+ HE
+ TF
USE PERMITS
Conditional Use Permit
(TMC Section 18.64.020)
$4,901
$5,244
+ HE
+ IF
Unclassified Use Permit
(TMC Chapter 18.66)
$6,298
$6,739
+
IF
TSO Special Permission Use
$1,224
$1,310
+ HE
+ TF
COMPREHENSIVE PLAN CHANGES (TMC Chapter 18.84)
Rezone (Map Change -
separate Comprehensive Plan
amendment fees also apply)
$8,000
$8,560
+ TF
Comprehensive Plan Amendment
$5,035
$5,388
+ TF
Zoning Code Text Amendment
$5,729
$6,130
+ TF
MISCELLANEOUS SERVICES AND CHARGES
Development Agreement
$5,000
$5,350
+ IF
Code Interpretation
(TMC Section 18.96.020)
$442
$473
+ IF
Zoning Verification Letter
(Up to two contiguous parcels;
$50 for each additional parcel.)
$442
$473
+ TF
Legal Lot Verification
$704
$753
+ TF
Preapplication Meeting
$609
$651
+ TF
In -lieu Tree Replacement Fee
$458
$490
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Page 7 of 12
9
Section 5. Building permit fees will be charged according to the following
schedule:
BUILDING PERMIT FEE SCHEDULE
Total Valuation
Building Permit Fees
$1 to $500
Plus
Plus
Decision Type
YP
2023 Fee
2024 Fee
Hearing
Examiner
Fee
Technology
Fee (TF)
Mailing Fee to Generate Labels,
per project
$575
$615
$1,697.97 for the first $100,000, plus $9.55 for each additional $1,000,
or fraction thereof, to and including $500,000, + Technology Fee
$500,001 to $1,000,000
Public Notice Mailing Fee per address
for each mailing
$1
$1
$5,000,001 and up
$30,602.36 for the first $5,000.000, plus $5.05 for each $1,000 or fraction
thereof, + Technology Fee
Section 5. Building permit fees will be charged according to the following
schedule:
BUILDING PERMIT FEE SCHEDULE
Total Valuation
Building Permit Fees
$1 to $500
$73.01 + Technology Fee
$501 to $2,000
$73.01 for the first $500, plus $4.83 for each additional $100, or fraction
thereof, to and including $2,000, + Technology Fee
$2,001 to $25,000
$145.47 for the first $2,000, plus $22.01 for each additional $1,000,
or fraction thereof, to and including $25,000, + Technology Fee
$25,001 to $50,000
$674.44 for the first $25,000, plus $17.19 for each additional $1,000,
or fraction thereof, to and including $50,000, + Technology Fee
$50,001 to $100,000
$1,104.49 for the first $50,000, plus $11.90 for each additional $1,000,
or fraction thereof, to and including $100,000, + Technology Fee
$100,001 to $500,000
$1,697.97 for the first $100,000, plus $9.55 for each additional $1,000,
or fraction thereof, to and including $500,000, + Technology Fee
$500,001 to $1,000,000
$5,511.25 for the first $500,000, plus $7.86 for each additional $1,000,
or fraction thereof, to and including $1,000,000, + Technology Fee
$1,000,001 to $5,000,000
$9,484.31 for the first $1,000,000, plus $5.27 for each additional $1,000,
or fraction thereof, to and including $5,000,000, + Technology Fee
$5,000,001 and up
$30,602.36 for the first $5,000.000, plus $5.05 for each $1,000 or fraction
thereof, + Technology Fee
A. Non -Structural Plan Review Fee. A non-structural plan review fee shall be
paid at the time of submitting plans and specifications for review. The non-structural
plan review fee shall be 65% of the calculated permit fee as set forth in the permit fee
schedule. The non-structural plan review fee specified herein is a separate fee from the
permit fee and is in addition to the permit fee.
B. Structural Plan Review Fee. Where a structural plan review is deemed
necessary, a structural plan review fee shall be charged. The structural plan review fee
shall be 35% of the calculated non-structural plan review fee.
C. Total Value of All Construction Work. The latest Building Data Valuation that
is updated twice a year by the International Code Council shall be used for the purposes
of calculating value of the construction work.
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10
Section 6. Mechanical permit fees will be charged according to the following
schedule:
MECHANICAL PERMIT FEE SCHEDULE
Valuation of
Work (Total
Contract Amount)
Mechanical Permit Fee
Unit Fee Schedule (in addition to base fee above:
$36.50 for issuance of each permit (base fee) + Technology Fee
$250 or less
$73.01 + Technology Fee
$251 to $500
$73.01 for first $250, plus $8.79 for each $100 or fraction thereof,
to and including $500, + Technology Fee
$501 to $1,000
$95.02 for the first $500, plus $9.77 for each $100 or fraction thereof,
to and including $1,000, + Technology Fee
$1,001 to $5,000
$143.88 for the first $1,000, plus $10.83 for each $1,000 or fraction
thereof, to and including $5,000, + Technology Fee
$5,001 to $50,000
$187.25 for the first $5,000, plus $11.28 for each $1,000 or fraction
thereof, to and including $50,000, + Technology Fee
$50,001 to $250,000
$718.00 for the first $50,000, plus $9.43 for each $1,000 or fraction
thereof, to and including $250,000, + Technology Fee
$250,001 to $1,000,000
$2,605.15 for the first $250,000, plus $8.31 for each $1,000 or fraction
thereof, to and including $1,000,000, + Technology Fee
$1,000,001 and up
$8,839.46 for the first $1,000,000, plus $7.52 for each $1,000 or
fraction thereof, + Technology Fee
Section 7. Plumbing permit fees will be charged according to the following
schedule:
PLUMBING PERMIT FEE SCHEDULE
Permit Issuance—Issuance of each permit (base fee)
$36.50 + Technology Fee
Unit Fee Schedule (in addition to base fee above:
For one plumbing fixture (a fixture is a sink, toilet, bathtub, etc.)
$73.01 + Technology Fee
For each additional fixture
$16.51 + Technology Fee
For each building sewer and each trailer park sewer
$27.53 + Technology Fee
Rain water system — per drain (inside building)
$16.51 + Technology Fee
For each water heater and/or vent
$16.51 + Technology Fee
For each industrial waste pretreatment interceptor, including its
trap and vent, except for kitchen type grease interceptors
$33.04 + Technology Fee
For each grease interceptor for commercial kitchens
$33.04 + Technology Fee
For each repair or alteration of water piping and/or water treating
equipment, each occurrence
$16.51 + Technology Fee
For each repair or alteration of drainage or vent piping, each
fixture
$16.51 + Technology Fee
For each medical gas piping system serving one to five
inlets/outlets for a specific gas
$ 93.60 + Technology Fee
For each additional medical gas inlets/outlets
$18.68 + Technology Fee
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11
For each lawn sprinkler system on any one (1) meter including
backflow protection devices therefor.
For atmospheric -type vacuum breakers not included in lawn
sprinkler backflow protection:
1 to 5 $16.51 + Technology Fee
Over 5 $16.51 for first 5 plus $3.57 for each additional
+ Technology Fee
For each backflow protective device other than atmospheric type
vacuum breakers:
2 -inch diameter and smaller $33.04 + Technology Fee
Over 2 -inch diameter: $36.34 + Technology Fee
$33.04 + Technology Fee
Section 8. Fuel Gas Piping permit fees will be charged according to the following
schedule:
FUEL GAS PIPING PERMIT FEE SCHEDULE
Permit Issuance
For issuing each permit (base fee): ($0 if permit is in conjunction with
a plumbing permit for an appliance with both plumbing and gas
connection.)
Unit Fee Schedule
For each gas piping system of one to five outlets
For each additional gas piping system outlet, per outlet
$36.50 + Technology Fee
$73.01 + Technology Fee
$16.51 + Technology Fee
Section 9. Electrical permit fees will be charged according to the following
schedule:
ELECTRICAL PERMIT FEE SCHEDULE
1. NEW SINGLE-FAMILY DWELLINGS
New single-family dwellings (including a garage)
Garages, pools, spas and outbuildings
Low voltage systems
$196.06 + Technology Fee
$132.15 + Technology Fee
$66.08 + Technology Fee
2. SINGLE-FAMILY REMODEL AND SERVICE CHANGES
Service change or alteration—no added/altered circuits
Service change $100.50 with added/altered circuits, plus $10.15 for
each added circuit (maximum permit fee $162.40)
Circuits added/altered without service change (includes up to
5 circuits)
Circuits $60.90 added/altered without service change (more than
5 circuits); $10.15 for each added circuit (maximum permit fee
$100.50+ Technology Fee)
Meter/mast repair
Low voltage systems
$132.15 + Technology Fee
$109.04 + Technology Fee
$66.08 + Technology Fee
$66.08 + Technology Fee
$88.10 + Technology Fee
$66.08+ Technology Fee
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12
3. MULTI -FAMILY AND COMMERCIAL (including low voltage)
Valuation of
Work (Total
Contract Amount)
Permit Fee
$250 or less
$73.01 + Technology Fee
$251 - $1,000
$73.01 for the first $250 plus $4.83 for each $100 or fraction thereof, to and
including $1,000, + Technology Fee
$1,001 - $5,000
$108.97 for the first $1,000 plus $24.26 for each $1,000 or fraction thereof,
to and including $5,000, + Technology Fee
$5,001 - $50,000
$205.90 for the first $5,000 plus $19.88 for each $1,000 or fraction thereof,
to and including $50,000, + Technology Fee
$50,001 - $250,000
$1,099.88 for the first $50,000 plus $14.48 for each $1,000 or fraction thereof,
to and including $250,000, + Technology Fee
$250,001 - $1,000,000
$4,007.02 for the first $250,000 plus $10.26 for each $1,000 or fraction
thereof, to and including $1,000,000, + Technology Fee
Over $1,000,000
$11,728.04 plus 0.5% of cost over $1,000,000, + Technology Fee
4. MISCELLANEOUS ELECTRICAL PERMIT FEES
Temporary service (residential)
Temporary service/generators
Manufactured/mobile home parks and RV park sites, each service and
feeder
Carnivals:
• Base fee
• Each concession fee
• Each ride and generator truck
$113.93 + Technology Fee
$113.93 + Technology Fee
$113.93 + Technology Fee
$113.93 + Technology Fee
$12.11 + Technology Fee
$12.11 + Technology Fee
Inspections or plan review not specified elsewhere (one hour
minimum).
Safety inspections, plan revisions
Adult family home inspection (paid at the time of scheduling the
inspection)
Residential structure remodel or repair (up to $20,000 construction
value)
$113.93 per hour
$113.93 per hour
$113.93 for each inspection
$45.00
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13
Section 10. Other inspections and fees will be charged according to the following
schedule:
OTHER INSPECTIONS AND FEES
Inspections outside of normal business hours (four hour minimum charge)
$115.63 per hour
Re -inspection fee (minimum charge one hour)
Inspection for which no fee is specifically indicated—investigations or safety
inspections
Additional plan review required by changes, additions, or revisions to approved
plans
Work commencing before permit issuance shall be subject to an investigation fee
equal to 100% of the permit fee.
Plan review fee—Mechanical, Plumbing, Fuel Gas Piping and Electrical: The fee
for review shall be 25% of the total calculated permit fee. The plan review fee is a
separate fee from the permit fee and is required when plans are required in order
to document compliance with the code.
Work covered prior to inspection or work not ready at the time of inspection may
be charged a re -inspection fee of $115.63.
Expired permit final – includes two inspections
Expired permit final – each additional inspection
Minor residential remodel plan review and permit (projects valued up to $20,000
including building, mechanical, electrical, and plumbing within 1 year)
Certificate of Occupancy replacement
$115.63 per hour
$115.63 per hour
$115.63 per hour
100% of the permit fee
$154.18
$77.09
$45.00
$113.93
Section 11. Effective Date. This resolution and the fee schedules contained
herein shall be effective January 1, 2023.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2022.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk Thomas McLeod, Council President
APPROVED AS TO FORM BY:
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Office of the City Attorney
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14
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor's review
Council review
11/14/22
CT
11
Motion
Date 11/21
11/21/22
CT
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
Mtg Date
Mtg
SPONSOR ❑ Council
❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PIT'
11 Mayor
SPONSOR'S The current contract for City Attorney services expires December 31, 2022. The 2023-2024
SUMMARY contract maintains City Attorney Services at 28 hours per week for a flat monthly rate of
$33,000 per month in 2023 and an increase to $35,000 per month in 2024.
REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety
❑ LTAC ❑ Arts Comm.
DATE: 10/24/2022
ITEM INFORMATION
ITEM No.
4.D.
15
STAFF SPONSOR: DAVID CLINE
ORIGINAL AGENDA DATE: 11/21/22
AGENDA ITEM TITLE 2023-2024 Contract with Ogden Murphy Wallace for City Attorney Services
CATEGORY 11 Discussion
11/14/22
11
Motion
Date 11/21
❑ Resolution
Mtg Date
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
Mtg Date
Mtg
SPONSOR ❑ Council
❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PIT'
11 Mayor
SPONSOR'S The current contract for City Attorney services expires December 31, 2022. The 2023-2024
SUMMARY contract maintains City Attorney Services at 28 hours per week for a flat monthly rate of
$33,000 per month in 2023 and an increase to $35,000 per month in 2024.
REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety
❑ LTAC ❑ Arts Comm.
DATE: 10/24/2022
/1 Finance
& Governance ❑ Planning & Community Dev.
❑ Planning Comm.
CHAIR: QUINN
❑ Parks Comm.
COMMITTEE
RECOMMENDATIONS:
SPONSOR/ADMIN.
COMMITTEE
Mayor's Office
Unanimous Approval; Forward to 11/14/2022 Committee of the Whole
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$396,000/2023; $420,000/2024 $396,000/2023; $420,000/2024 $
Fund Source: GENERAL FUND
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
11/14/22
Forward to next Regular Meeting Consent Agenda
11/21/22
MTG. DATE
ATTACHMENTS
11/14/22
Informational Memorandum dated 10/17/2022
Draft 2023-2024 Contract for Services
Minutes from the 10/24/2022 Finance & Governance Committee Meeting
11/21/22
No attachments
15
16
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor's review
Council review
11/14/22
CT
11
Motion
Date 11/21/22
11/21/22
CT
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
Mtg Date
Mtg
SPONSOR ❑ Council
❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PIT'
11 Mayor
SPONSOR'S The current contract for public defense services expires December 31, 2022. The 2023 -
SUMMARY 2024 contract increases the flat rate from $29,100 p/month to $29,500 p/month with
$28,000 p/month being paid from the general fund and $1,500 p/month from the Office of
Public Defense grant funds. The overall increase in general fund expenditures is $400
p/month.
REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety
❑ LTAC ❑ Arts Comm.
DATE: 10/24/2022
ITEM INFORMATION
ITEM No.
4.E.
17
STAFF SPONSOR: DAVID CLINE
ORIGINAL AGENDA DATE: 11/21/22
AGENDA ITEM TITLE 2023-2024 Contract with Kirshenbaum & Goss, Inc. P.S. for Public Defense Services
CATEGORY 11 Discussion
11/14/22
11
Motion
Date 11/21/22
❑ Resolution
Mtg Date
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
Mtg Date
Mtg
SPONSOR ❑ Council
❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PIT'
11 Mayor
SPONSOR'S The current contract for public defense services expires December 31, 2022. The 2023 -
SUMMARY 2024 contract increases the flat rate from $29,100 p/month to $29,500 p/month with
$28,000 p/month being paid from the general fund and $1,500 p/month from the Office of
Public Defense grant funds. The overall increase in general fund expenditures is $400
p/month.
REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety
❑ LTAC ❑ Arts Comm.
DATE: 10/24/2022
/1 Finance
& Governance ❑ Planning & Community Dev.
❑ Planning Comm.
CHAIR: QUINN
❑ Parks Comm.
COMMITTEE
RECOMMENDATIONS:
SPONSOR/ADMIN.
COMMITTEE
Mayor's Office
Unanimous Approval; Forward to 11/14/2022 Committee of the Whole
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$336,000 each year $336,000 each year $
Fund Source: GENERAL FUND
Comments: Supplemented by $18,000 Office of Public Defense Grant Funds
MTG. DATE
RECORD OF COUNCIL ACTION
11/14/22
Forward to next Regular Meeting Consent Agenda
11/21/22
MTG. DATE
ATTACHMENTS
11/14/22
Informational Memorandum dated 10/17/2022
Draft 2023-2024 Contract for Services
Minutes from 10/24/2022 Finance & Governance Committee Meeting
11/21/22
No attachments
17
18
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor's review
Council review
11/21/22
JR
ITEM INFORMATION
ITEM No.
4.F.
19
STAFF SPONSOR: BRITTANY ROBINSON
ORIGINAL AGENDA DATE: 11/21/22
AGENDA ITEM TITLE Surface
Recreation
Water Fund — Gilliam Creek Fish Barrier Removal
and Conservation Office Salmon Recovery Fund Board Grant Award
CATEGORY ❑ Discussion
Altg Date
Motion
Date 11/21/22
❑ Resolution
Mtg Date
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
1
Mtg
SPONSOR ❑Council Mayor HR ❑DCD Finance Fire TS P&R ❑Police PIV ❑Court
SPONSOR'S The City recently received notification that it was awarded an SRFB grant award to fund
SUMMARY Gilliam Creek Fish Barrier Removal project design and permitting. The program funds are
necessary to achieve overall salmon recovery, including habitat projects and other activities
that result in sustainable and measurable benefits for salmon and other fish species.
Council is being asked to formally accept the Recreation and Conservation Office SRFB
grant award in the amount of $250,000 for the Gilliam Creek Fish Barrier Removal project.
REVIE\\'ED BY
Trans&Infrastructure
❑ CommunitySvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dev.
❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
COMMITTEE CHAIR: KATE KRULLER
❑ LTAC
DATE: 11/07/22
RECOMMENDATIONS:
SPONSOR/ADMIN.
COMMITTEE
Public Works Department
Unanimous Approval; Forward to Regular Consent Agenda
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$250,000.00 $0.00 $0.00
Fund Source: GRANT AWARD, CITY MATCH
Comments: CIP Page 85
MTG. DATE
RECORD OF COUNCIL ACTION
MTG. DATE
ATTACHMENTS
11/21/22
Informational Memorandum dated 11/04/22
2021 CIP Page 85
Grant Agreement
Minutes from Transportation and Infrastructure Committee meeting of 11/07/22
19
20
City of Tukwila
Allan Ekberg, Mayor
Public Works Department - Hari Ponnekanti, Director/City Engineer
INFORMATIONAL MEMORANDUM
TO: Transportation and Infrastructure Services Committee
FROM: Hari Ponnekanti, Public Works Director/ City Engineer
BY: Brittany Robinson, Public Works Grant Analyst
CC: Mayor Ekberg
DATE: November 4, 2022
SUBJECT: Surface Water Fund — Gilliam Creek Fish Barrier Removal
Project No. 99830105
Recreation and Conservation Office Salmon Recovery Fund Board Grant Award
ISSUE
Accept a Recreation and Conservation Office (RCO) Salmon Recovery Fund Board (SRFB) grant
award to fund the Gilliam Creek Fish Barrier Removal project.
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 conducive to fish passage.
DISCUSSION
In December 2021, Council approved staff to apply for RCO funding. The SRFB program funds
elements necessary to achieve overall salmon recovery, including habitat projects and other activities
that result in sustainable and measurable benefits for salmon and other fish species The City recently
received notification that it was awarded an SRFB grant award to fund Gilliam Creek Fish Barrier
Removal project design and permitting.
FISCAL IMPACT
The City has been awarded $250,000 from the RCO SRFB, which requires a local match of $50,000.
The City also received $250,000 in grant funding from King County's Cooperative Watershed
Management fund, which can act as match for this grant.
Grant Award Fund Source Budget
SRFB Grant $ 250,000 KC CWM Grant $250,000
Required Match 50,000
Total $ 300,000
RECOMMENDATION
Council is being asked to formally accept the Recreation and Conservation Office SRFB grant award in
the amount of $250,000 for the Gilliam Creek Fish Barrier Removal project and consider this item on
the Consent Agenda at the November 21, 2022 Regular Council Meeting.
Attachments: 2021 CIP Page 85
Grant Agreement
21
22
PROJECT:
DESCRIPTION:
JUSTIFICATION:
STATUS:
MAI NT. IMPACT:
COMMENT:
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2021 to 2026
Gilliam Creek Fish Barrier Removal
Project No. 99830105
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.
Enable fish access to lower Gilliam Creek under wider range of flow conditions; fish barrier per WDFW and
City; WRIA 9 salmon habitat project.
Analysis of lower Gilliam Creek is being conducted in 2018 to determine the best solution for fish passage
and to address potential flooding.
Likely a shift in maintenance commitments with potential elimination of flapgate maintenance.
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
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TOTAL EXPENSES
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536
405
5,952
2,400
0
0
10,289
FUND SOURCES
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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
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24
, WASHINGTON STATE
Recreation and
Conservation Office
RCO Grant Agreement
Project Sponsor: City of Tukwila Project Number: 22-1049P
Project Title: Gilliam Creek Fish Passage Prelim Des Approval Date: 09/22/2022
PARTIES OF THE AGREEMENT
This Recreation and Conservation Office Grant Agreement (Agreement) is entered into between the State of Washington by
and through the Salmon Recovery Funding Board (SRFB or funding board) and the Recreation and Conservation Office
(RCO), P.O. Box 40917, Olympia, Washington 98504-0917 and City of Tukwila (Sponsor, and primary Sponsor), 6200
Southcenter Blvd, Tukwila, WA 98188, and shall be binding on the agents and all persons acting by or through the parties.
The Sponsor's Unique Entity ID (UEID) Number is UEQNMC26C8T3.
All Sponsors are equally and independently subject to all the conditions of this Agreement except those conditions that
expressly apply only to the primary Sponsor.
Prior to and during the Period of Performance, per the Applicant Resolution/Authorizations submitted by all Sponsors (and on
file with the RCO), the identified Authorized Representative(s)/Agent(s) have full authority to legally bind the Sponsor(s)
regarding all matters related to the project identified above, including but not limited to, full authority to: (1) sign a grant
application for grant assistance, (2) enter into this Agreement on behalf of the Sponsor(s), including indemnification, as
provided therein, (3) enter any amendments thereto on behalf of Sponsor(s), and (4) make any decisions and submissions
required with respect to the project. Agreements and amendments must be signed by the Authorized Representative/Agent(s)
of all Sponsors, unless otherwise allowed in the AMENDMENTS TO AGREEMENT Section.
A. During the Period of Performance, in order for a Sponsor to change its Authorized Representative/Agent as identified
on the original signed Applicant Resolution/Authorization the Sponsor must provide the RCO a new Applicant
Resolution/Authorization signed by its governing body or a written delegation of authority to sign in lieu of originally
authorized Representative/Agency(s). Unless a new Applicant Resolution/Authorization has been provided, the RCO
shall proceed on the basis that the person who is listed as the Authorized Representative in the last
Resolution/Authorization that RCO has received is the person with authority to bind the Sponsor to the Agreement
(including any amendments thereto) and decisions related to implementation of the Agreement.
B. Amendments After the Period of Performance. RCO reserves the right to request and Sponsor has the obligation to
provide, authorizations and documents that demonstrate any signatory to an amendment has the authority to legally
bind the Sponsor as described in the above Sections.
For the purposes of this Agreement, as well as for grant management purposes with RCO, only the primary Sponsor may act
as a fiscal agent to obtain reimbursements (See PROJECT REIMBURSEMENTS Section).
PURPOSE OF AGREEMENT
This Agreement sets out the terms and conditions by which a grant is made from the General Fund - Federal of the State of
Washington. The grant is administered by the Recreation and Conservation Office (RCO).
DESCRIPTION OF PROJECT
The City of Tukwila proposes to complete preliminary design for the Gilliam Creek Fish Barrier Removal and Habitat
Enhancement project to create fish passage between Gilliam Creek and the Green River in Tukwila and enhance habitat near
the confluence. Gilliam Creek is mostly inaccessible to aquatic species due to the presence of a 1960s era 108" -diameter
flapgate and concrete splash pad at the outlet of a 207 -foot long culvert beneath 66th Ave. S. The flapgate is listed as a total
fish passage barrier on the Washington State fish passage data base and is chronically closed or near -closed with plunges to
the splash pad below and again from the sill of the pad to the riverbed during lower water conditions. The City identified three
restoration alternatives; Alt 1 and 2 retrofit the existing culvert and Alt 3 abandons the culvert and creates a new fish passage
route utilizing a contemporary box culvert or other fish passable structure(s). As a first step in this project, the city will survey
the site and evaluate in further detail the technical feasibility of the 3 alternatives and select a preferred alternative that will
advance to preliminary design (per Manual 18 Appendix D-2).
PERIOD OF PERFORMANCE
The period of performance begins on September 22, 2022 (project start date) and ends on September 22, 2024 (project end
date). No allowable cost incurred before or after this period is eligible for reimbursement unless specifically provided for by
written amendment or addendum to this Agreement, or specifically provided for by applicable RCWs, WACs, and any
applicable RCO manuals as of the effective date of this Agreement.
RCO: 22-1049 Revision Date: 9/15/2022
Page 1 of 23 25
The RCO reserves the right to summarily dismiss any request to amend this Agreement if not made at least 60 days before
the project end date.
STANDARD TERMS AND CONDITIONS INCORPORATED
The Standard Terms and Conditions of the Recreation and Conservation Office attached hereto are incorporated by reference
as part of this Agreement.
LONG-TERM OBLIGATIONS
For this planning project, the sponsor's on-going obligation shall be the same as the period of performance identified in the
Period of Performance section.
PROJECT FUNDING
The total grant award provided for this project shall not exceed $250,000.00. The RCO shall not pay any amount beyond that
approved for grant funding of the project and within the percentage as identified below. The Sponsor shall be responsible for
all total project costs that exceed this amount. The minimum matching share provided by the Sponsor shall be as indicated
below:
SRFB - Salmon State Supplemental Sm
SRFB - Salmon Federal Projects
Project Sponsor
Total Project Cost
Percentage Dollar Amount Source of Funding
61.42%
21.92%
16.67%
$184,246.00 State
$65,754.00 Federal
$50,000.00
100.00% $300,000.00
FEDERAL FUND INFORMATION
If federal funding information is included in this section, this project is funded by, matched by, and/or funded in part by the
following federal award, or subaward:
Federal Agency: US Dept of Commerce
Assistance Listing Number and Name: 11.438 - PCSRF
Federal Award Identification Number: NA22NMF4380227
Federal Fiscal Year: 2022
Federal Award Date: 07/19/2022
Total Federal Award: $23,280,000
Federal Award Project Description: FY2022 Pacific Coastal Salmon Recovery
This funding is not research and development (R&D).
If the Sponsor's total federal expenditures are $750,000 or more during the Sponsor's fiscal -year, the Sponsor is required to
have a federal single audit conducted for that year in compliance with 2 C.F.R. Part 200 (as updated). The Sponsor must
provide a copy of the final audit report to RCO within nine months of the end of the Sponsor's fiscal year, unless a longer
period is agreed to in advance by the federal agency identified in this section.
Sponsor shall comply with the federal "Omni -circular" (2 C.F.R. Part 200).
RCO may suspend all reimbursements if the Sponsor fails to timely provide a single federal audit; further the RCO reserves
the right to suspend any and all RCO Agreement(s) with the Sponsor if such noncompliance is not promptly cured.
RIGHTS AND OBLIGATIONS INTERPRETED IN LIGHT OF RELATED DOCUMENTS
All rights and obligations of the parties under this Agreement are further specified in and shall be interpreted in light of the
Sponsor's application and the project summary and eligible scope activities under which the Agreement has been approved
and/or amended as well as documents produced in the course of administering the Agreement, including the eligible scope
activities, the milestones report, progress reports, and the final report. Provided, to the extent that information contained in
such documents is irreconcilably in conflict with the Agreement, such information shall not be used to vary the terms of the
Agreement, unless the terms in the Agreement are shown to be subject to an unintended error or omission. "Agreement" as
used here and elsewhere in this document, unless otherwise specifically stated, has the meaning set forth in the definitions of
the Standard Terms and Conditions.
26 RCO: 22-1049
Revision Date: 9/15/2022 Page 2 of 23
AMENDMENTS TO AGREEMENT
Except as provided herein, no amendment (including without limitation, deletions) of this Agreement will be effective unless set
forth in writing signed by all parties. Exception: extensions of the Period of Performance and minor scope adjustments need
only be signed by RCO's director or designee and consented to in writing (including email) by the Sponsor's Authorized
Representative/Agent or Sponsor's designated point of contact for the implementation of the Agreement (who may be a
person other than the Authorized Agent/Representative), unless otherwise provided for in an amendment. This exception does
not apply to a federal government Sponsor or a Sponsor that requests and enters into a formal amendment for extensions or
minor scope adjustments.
It is the responsibility of a Sponsor to ensure that any person who signs an amendment on its behalf is duly authorized to do
so.
Unless otherwise expressly stated in an amendment, any amendment to this Agreement shall be deemed to include all current
federal, state, and local government laws and rules, and policies applicable and active and published in the applicable RCO
manuals or on the RCO website in effect as of the effective date of the amendment, without limitation to the subject matter of
the amendment. Provided, any update in law, rule, policy or a manual that is incorporated as a result of an amendment shall
apply only prospectively and shall not require that an act previously done in compliance with existing requirements be redone.
However, any such amendment, unless expressly stated, shall not extend or reduce the long-term obligation term.
COMPLIANCE WITH APPLICABLE STATUTES, RULES, AND POLICIES
This Agreement is governed by, and the sponsor shall comply with, all applicable state and federal laws and regulations,
applicable RCO manuals as identified below, Exhibits, and any applicable federal program and accounting rules effective as of
the date of this Agreement or as of the effective date of an amendment, unless otherwise provided in the amendment.
Provided, any update in law, rule, policy or a manual that is incorporated as a result of an amendment shall apply only
prospectively and shall not require that an act previously done in compliance with existing requirements be redone unless
otherwise expressly stated in the amendment.
For the purpose of this Agreement, WAC Title 420, SRFB policies shall apply as terms of this Agreement.
For the purpose of this Agreement, the following RCO manuals are deemed applicable and shall apply as terms of this
Agreement:
• Reimbursements - Manual 8
• Restoration Projects - Manual 5
• Salmon Recovery Grants - Manual 18
SPECIAL CONDITIONS
Special Condition #1: Cultural Resources -Survey Required. This agreement requires compliance with Executive Order 21-02.
RCO has completed the initial consultation for this project and a cultural resources survey is required. The cultural resources
survey must include documentation of any above or below ground archaeological resources as well as any possible historic
structures or buildings that may be affected by the project. Archaeological monitoring of any proposed geotechnical borings,
investigations, or test pits may be included as part of the cultural resources survey. This project may receive a USACE permit
in future, RCO will defer to the Corps for their permitted project actions. The Sponsor must submit the results of the cultural
resources survey to RCO and receive a notice of cultural resources completion. Ground disturbance started without approval
will be considered a breach of contract. If archaeological or historic materials are discovered while conducting ground
disturbing activities, work in the immediate vicinity must stop and the Sponsor must ensure compliance with the provisions
found in this agreement. All cultural resources work must meet reporting guidelines outlined by the Department of Archaeology
and Historic Preservation.
AGREEMENT CONTACTS
The parties will provide all written communications and notices under this Agreement to either or both the mail address and/or
the email address listed below:
Sponsor Prosect Contact
Mike Perfetti
6300 Southcenter Blvd, Ste 100
Tukwila, WA 98188
Mike.Perfetti@TukwilaWA.gov
RCO Contact
Bridget Kaminski
Outdoor Grants Manager
PO Box 40917
Olympia, WA 98504-0917
bridget.kaminski@rco.wa.gov
These addresses and contacts shall be effective until receipt by one party from the other of a written notice of any change.
Unless otherwise provided for in this Agreement, decisions relating to the Agreement must be made by the Authorized
RCO: 22-1049 Revision Date: 9/15/2022
Page3of23 27
Representative/Agent, who may or may not be the Project Contact for purposes of notices and communications.
ENTIRE AGREEMENT
This Agreement, with all amendments and attachments, constitutes the entire Agreement of the parties. No other
understandings, oral or otherwise, regarding this Agreement shall exist or bind any of the parties.
EFFECTIVE DATE
Unless otherwise provided for in this Agreement, this Agreement, for Project 22-1049, shall become effective and binding on
the date signed by both the sponsor and the RCO's authorized representative, whichever is later (Effective Date).
Reimbursements for eligible and allowable costs incurred within the period of performance identified in the PERIOD OF
PERFORMANCE Section are allowed only when this Agreement is fully executed and an original is received by RCO.
The Sponsor has read, fully understands, and agrees to be bound by all terms and conditions as set forth in this Agreement
and the STANDARD TERMS AND CONDITIONS OF THE RCO GRANT AGREEMENT. The signatories listed below
represent and warrant their authority to bind the parties to this Agreement.
City of Tukwila
By:
Name (printed):
Title:
Date:
State of Washington Recreation and Conservation Office
On behalf of the Salmon Recovery Funding Board (SRFB or funding board)
By: Date:
By:
Megan Duffy
Director
Recreation and Conservation Office
Pre -approved as to form:
•
Assistant Attorney General
Date: 09/15/2022
28RCO: 22-1049 Revision Date: 9/15/2022 Page 4 of 23
:/ASHINGTON STATE
Recreation and
Conservation Office
Project Sponsor:
Project Title:
City of Tukwila
Gilliam Creek Fish Passage Prelim Des
RCO Grant Agreement
Project Number: 22-1049P
Approval Date: 09/22/2022
Eligible Scope Activities
ELIGIBLE SCOPE ACTIVITIES
Planning Metrics
Worksite #1, Gilliam Creek
Targeted salmonid ESU/DPS (A.23):
Targeted species (non -ESU species):
Area Encompassed (acres) (B.0.b.1):
Miles of Stream and/or Shoreline Affected (B.0.b.2):
Design for Salmon restoration
Preliminary design (B.1.b.11.a RCO)
Project Identified in a Plan or Watershed Assessment. (1220)
(B.1.b.11.a):
Priority in Recovery Plan (1222) (B.1.b.11.b):
Cultural Resources
Cultural resources
Chinook Salmon -Puget Sound ESU, Steelhead-
Puget Sound DPS
None
1.3
0.18
0.18 mi Gilliam Cr + .02 mi Green River.
Shared Strategy Development Committee. 2007.
Puget Sound Salmon Recovery Plan. Seattle,
WA.
https://www.westcoast.fisheries.noaa.gov/publicati
ons/recovery_planning/salmon_steelhead/domain
s/puget_sound/chinook/pugetsoundchinookrecove
ryplan_wo_exec_summary.pdf WRIA 9. (2005,
August). Green/Duwamish and Central Puget
Sound Watershed Salmon Habitat Plan: Making
Our Watershed Fit for a King.
https://www.govlink.org/watersheds/9/plan-
implementation/HabitatPlan.aspx Puget Sound
Partnership's 2018-2022 Near Term Action
Agenda
The project is listed as project # LG -16 in the
Habitat Plan; it protects and improves riparian
vegetation; protects and improves access to
tributaries and creates/restores habitat that
provides refuge, habitat and complexity (page 7-
73).
RCO: 22-1049
Revision Date: 9/15/2022 Page 5 of 23
29
WASHINGTON STATE
Recreation and
Conservation Office
Project Sponsor: City of Tukwila
Project Title: Gilliam Creek Fish Passage Prelim Des
RCO Grant Agreement
Project Number: 22-1049P
Approval Date: 09/22/2022
PROJECT MILESTONE REPORT
Complete Milestone
Project Milestones
Target Date Comments/Description
Project Start
Cultural Resources Complete
Progress Report Due
Progress Report Due
Preliminary Design to RCO
Annual Project Billing Due
Progress Report Due
Progress Report Due
Final Report Due
Agreement End Date
Final Billing Due
30 RCO:22-1049
09/22/2022
11/30/2022
Cultural resources survey and historic structures
documentation required prior to ground
disturbance, may proceed concurrently with
geotech/soils investigations,
03/15/2023
09/15/2023
09/15/2023 As described in RCO Manual 18, App D-2.
09/21/2023
03/15/2024
09/15/2024
09/15/2024 This is the RCO final report in PRISM.
09/22/2024 Project Closing. All expenditures must be prior to
this date.
11/22/2024
Revision Date: 9/15/2022 Page 6 of 23
WASHINGTON STATE
Recreation and
Conservation Office
RCO Grant Agreement
Project Sponsor: City of Tukwila Project Number: 22-1049P
Project Title: Gilliam Creek Fish Passage Prelim Des
Approval Date: 09/22/2022
Standard Terms and Conditions of the Recreation and
Conservation Office
Table of Contents
STANDARD TERMS AND CONDITIONS EFFECTIVE DATE 8
CITATIONS, HEADINGS AND DEFINITIONS 8
PERFORMANCE BY THE SPONSOR 10
ASSIGNMENT 11
RESPONSIBILITY FOR PROJECT 11
INDEMNIFICATION 11
INDEPENDENT CAPACITY OF THE SPONSOR 12
CONFLICT OF INTEREST 12
COMPLIANCE WITH APPLICABLE LAW 12
ARCHAEOLOGICAL AND CULTURAL RESOURCES 13
RECORDS 14
PROJECT FUNDING 14
PROJECT REIMBURSEMENTS 14
RECOVERY OF PAYMENTS 15
COVENANT AGAINST CONTINGENT FEES 16
INCOME (AND FEES) AND USE OF INCOME 16
PROCUREMENT REQUIREMENTS 16
TREATMENT OF EQUIPMENT AND ASSETS 17
RIGHT OF INSPECTION 17
STEWARDSHIP AND MONITORING 17
ACKNOWLEDGMENT AND SIGNS 17
PROVISIONS FOR FEDERAL SUBAWARDS 18
PROVISIONS FOR SALMON RECOVERY FUNDING BOARD PROJECTS 20
ORDER OF PRECEDENCE 20
LIMITATION OF AUTHORITY 20
WAIVER OF DEFAULT 20
APPLICATION REPRESENTATIONS — MISREPRESENTATIONS OR INACCURACY OR BREACH 20
SPECIFIC PERFORMANCE 21
TERMINATION AND SUSPENSION 21
DISPUTE HEARING 22
ATTORNEYS' FEES 22
GOVERNING LAW/VENUE 22
SEVERABILITY 22
END OF STANDARD TERMS AND CONDITIONS 23
RCO: 22-1049 Revision Date: 9/15/2022
31
Page 7 of 23
STANDARD TERMS AND CONDITIONS EFFECTIVE DATE
This document sets forth the Standard Terms and Conditions of the Recreation and Conservation Office as of 10/20/2022.
CITATIONS, HEADINGS AND DEFINITIONS
A. Any citations referencing specific documents refer to the current version on the effective date of this Agreement or the
effective date of any amendment thereto.
B. Headings used in this Agreement are for reference purposes only and shall not be considered a substantive part of
this Agreement.
C. Definitions. As used throughout this Agreement, the following terms shall have the meaning set forth below:
Agreement, terms of the Agreement, or project agreement — The document entitled "RCO GRANT AGREEMENT"
accepted by all parties to the present project and transaction, including without limitation the Standard Terms and
Conditions of the RCO Grant Agreement, all exhibits, attachments, addendums, amendments, and applicable
manuals, and any intergovernmental agreements, and/or other documents that are incorporated into the Agreement
subject to any limitations on their effect under this Agreement.
applicable manual(s), manual — A manual designated in this Agreement to apply as terms of this Agreement,
subject (if applicable) to substitution of the "RCO director" for the term "board" in those manuals where the project is
not approved by or funded by the referenced board, or a predecessor to the board.
applicable WAC(s) — Designated chapters or provisions of the Washington Administrative Code that apply by their
terms to the type of grant in question or are deemed under this Agreement to apply as terms of the Agreement,
subject to substitution of the "RCO director" for the term "board" or "agency" in those cases where the RCO has
contracted to or been delegated to administer the grant program in question.
applicant — Any party, prior to becoming a Sponsor, who meets the qualifying standards/eligibility requirements for
the grant application or request for funds in question.
application — The documents and other materials that an applicant submits to the RCO to support the applicant's
request for grant funds; this includes materials required for the "Application" in the RCO's automated project
information system, and other documents as noted on the application checklist including but not limited to legal
opinions, maps, plans, evaluation presentations and scripts.
Authorized Representative/Agent — A Sponsor's agent (employee, political appointee, elected person, etc.)
authorized to be the signatory of this Agreement and any amendments requiring a Sponsor's signature. This person
has the signature authority to bind the Sponsor to this Agreement, grant, and project.
C.F.R. — Code of Federal Regulations
completed project or project completion — The status of a project when all of the following have occurred:
• The grant funded project has been inspected by the RCO and the RCO has determined that all scopes of
work to implement the project have been completed satisfactorily.
• A final project report is submitted to and accepted by RCO.
• Any needed amendments to the Agreement have been entered by the Sponsor and RCO and have been
delivered to the RCO.
• A final reimbursement request has been delivered to and paid by RCO.
• Documents affecting property rights (including RCO's as may apply) and any applicable notice of grant, have
been recorded (as may apply).
contractor — An entity that receives a contract from a Sponsor related to performance of work or another obligation
under this Agreement.
Cultural Resources — Archaeological or historic archaeological sites, historic buildings/structures, and cultural or
sacred places.
director — The chief executive officer of the Recreation and Conservation Office or that person's designee.
effective date — The date when the signatures of all parties to this agreement are present in the agreement.
equipment — Tangible personal property (including information technology systems) having a useful service life of
more than one year and a per-unit acquisition cost which equals or exceeds the lesser of the capitalization level
NCO: 22-1049
Revision Date: 9/15/2022 Page 8 of 23
established by the Sponsor or $5,000 (2 C.F.R. Part 200 (as updated)).
funding board or board — The Washington State Recreation and Conservation Funding Board, or the Washington
State Salmon Recovery Funding Board. Or both as may apply.
Funding Entity — the entity that approves the project that is the subject to this Agreement.
grant program — The source of the grant funds received. May be an account in the state treasury, or a grant category
within a larger grant program, or a federal source.
indirect cost — Costs incurred for a common or joint purpose benefitting more than one cost objective, and not
readily assignable to the cost objectives specifically benefitted, without effort disproportionate to the results achieved
(2 C.F.R. 200 as updated).
long-term obligations — Sponsor's obligations after the project end date, as specified in the Agreement and manuals
and other exhibits as may apply.
landowner agreement — An agreement that is required between a Sponsor and landowner for projects located on
land not owned, or otherwise controlled, by the Sponsor.
match or matching share — The portion of the total project cost provided by the Sponsor.
milestone — An important event with a defined date to track an activity related to implementation of a funded project
and monitor significant stages of project accomplishment.
Office — Means the Recreation and Conservation Office or RCO.
pass-through entity — A non -Federal entity that provides a subaward to a subrecipient to carry out part of a Federal
program (2 CFR 200 (as updated)). If this Agreement is a federal subaward, RCO is the pass-through entity.
period of performance — The period beginning on the project start date and ending on the project end date.
planning project - A project that results in one or more of the following: 1) a study, a plan, assessment, project
design, inventory, construction plans and specifications, and permits; or 2) a project that provides money to facilitate
the work of an organization engaged in planning and coordination, or resource stewardship.
pre -agreement cost — A project cost incurred before the period of performance.
primary Sponsor — The Sponsor who is not a secondary Sponsor and who is specifically identified in the Agreement
as the entity to which RCO grants funds to and authorizes and requires to administer the grant. Administration
includes but is not limited to acting as the fiscal agent for the grant (e.g. requesting and accepting reimbursements,
submitting reports). Primary Sponsor includes its officers, employees, agents and successors.
project — The undertaking that is funded by this Agreement either in whole or in part with funds administered by
RCO.
project area — The area consistent with the geographic limits of the scope of work of the project and subject to
project agreement requirements. For restoration projects, the project area must include the physical limits of the
project's final site plans or final design plans. For acquisition projects, the project area must include the area
described by the legal description of the properties acquired for or committed to the project.
project completion or completed project — The status of a project when all of the following have occurred:
• The grant funded project has been inspected by the RCO and the RCO has determined that all scopes of
work to implement the project have been completed satisfactorily.
• A final project report is submitted to and accepted by RCO.
• Any needed amendments to the Agreement have been entered by the Sponsor and RCO and have been
delivered to the RCO.
• A final reimbursement request has been delivered to and paid by RCO.
• Documents affecting property rights (including RCO's as may apply) and any applicable notice of grant, have
been recorded (as may apply).
project cost — The total allowable costs incurred under this Agreement and all required match share and voluntary
committed matching share, including third -party contributions (see also 2 C.F.R. Part 200 (as updated)) for federally
funded projects).
RCO: 22-1049 Revision Date: 9/15/2022
Page 9 of 23 33
project end date — The specific date identified in the Agreement on which the period of performance ends, as may
be changed by amendment. This date is not the end date for any long-term obligations.
project start date — The specific date identified in the Agreement on which the period of performance starts.
RCO — Recreation and Conservation Office — The state agency that administers the grant that is the subject of this
Agreement. RCO includes the director and staff.
RCW — Revised Code of Washington
reimbursement — RCO's payment of funds from eligible and allowable costs that have already been paid by the
Sponsor per the terms of the Agreement.
renovation project — A project intended to improve an existing site or structure in order to increase its useful service
life beyond current expectations or functions. This does not include maintenance activities to maintain the facility for
its originally expected useful service life.
secondary Sponsor — One of two or more Sponsors who is not a primary Sponsor. Only the primary Sponsor may
be the fiscal agent for the project.
Sponsor — A Sponsor is an organization that is listed in and has signed this Agreement.
Sponsor Authorized Representative/Agent — A Sponsor's agent (employee, political appointee, elected person,
etc.) authorized to be the signatory of this Agreement and any amendments requiring a Sponsor signature. This
person has the signature authority to bind the Sponsor to this Agreement, grant, and project.
SRFB — Salmon Recovery Funding Board
subaward — Funds allocated to the RCO from another organization, for which RCO makes available to or assigns to
another organization via this Agreement. Also, a subaward may be an award provided by a pass-through entity to a
subrecipient for the subrecipient to carry out part of any award received by the pass-through entity. It does not include
payments to a contractor or payments to an individual that is a beneficiary of a federal or other program. A subaward
may be provided through any form of legal agreement, including an agreement that the pass-through entity considers
a contract. Also see 2 C.F.R. Part 200 (as updated). For federal subawards, a subaward is for the purpose of carrying
out a portion of a Federal award and creates a federal assistance relationship with the subrecipient (2 C.F.R. Part 200
(as updated)). If this Agreement is a federal subaward, the subaward amount is the grant program amount in the
Project Funding Section.
subrecipient — Subrecipient means an entity that receives a subaward. For non-federal entities receiving federal
funds, a subrecipient is an entity that receives a subaward from a pass-through entity to carry out part of a federal
program; but does not include an individual that is a beneficiary of such program. A subrecipient may also be a
recipient of other federal awards directly from a federal awarding agency (2 C.F.R. Part 200 (as updated)). If this
Agreement is a federal subaward, the Sponsor is the subrecipient.
tribal consultation — Outreach, and consultation with one or more federally recognized tribes (or a partnership or
coalition or consortium of such tribes, or a private tribal enterprise) whose rights will or may be significantly affected
by the proposed project. This includes sharing with potentially -affected tribes the scope of work in the grant and
potential impacts to natural areas, natural resources, and the built environment by the project. It also includes
responding to any tribal request from such tribes and considering tribal recommendations for project implementation
which may include not proceeding with parts of the project, altering the project concept and design, or relocating the
project or not implementing the project, all of which RCO shall have the final approval of.
useful service life — Period during which a built asset, equipment, or fixture is expected to be useable for the
purpose it was acquired, installed, developed, and/or renovated, or restored per this Agreement.
WAC — Washington Administrative Code.
PERFORMANCE BY THE SPONSOR
The Sponsor shall undertake the project as described in this Agreement, and in accordance with the Sponsor's proposed
goals and objectives described in the application or documents submitted with the application, all as finally approved by the
RCO (to include any RCO approved changes or amendments thereto). All submitted documents are incorporated by this
reference as if fully set forth herein.
Timely completion of the project and submission of required documents, including progress and final reports, is important.
Failure to meet critical milestones or complete the project, as set out in this Agreement, is a material breach of the Agreement.
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ASSIGNMENT
Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by the Sponsor without
prior written approval of the RCO. Sponsor shall not sell, give, or otherwise assign to another party any property right, or alter
a conveyance (see below) for the project area acquired with this grant without prior approval of the RCO.
RESPONSIBILITY FOR PROJECT
Although RCO administers the grant that is the subject of this Agreement, the project itself remains the sole responsibility of
the Sponsor. The RCO and Funding Entity (if different from the RCO) undertakes no responsibilities to the Sponsor, or to any
third party, other than as is expressly set out in this Agreement.
The responsibility for the implementation of the project is solely that of the Sponsor, as is the responsibility for any claim or suit
of any nature by any third party related in any way to the project. When a project has more than one Sponsor, any and all
Sponsors are equally responsible for the project and all post -completion stewardship responsibilities and long-term obligations
unless otherwise stated in this Agreement.
The RCO, its employees, assigns, consultants and contractors, and members of any funding board or advisory committee or
other RCO grant review individual or body, have no responsibility for reviewing, approving, overseeing or supervising design,
construction, or safety of the project and leaves such review, approval, oversight and supervision exclusively to the Sponsor
and others with expertise or authority. In this respect, the RCO, its employees, assigns, consultants and contractors, and any
funding board or advisory committee or other RCO grant review individual or body will act only to confirm at a general, lay
person, and nontechnical level, solely for the purpose of project eligibility and payment and not for safety or suitability, that the
project apparently is proceeding or has been completed as per the Agreement.
INDEMNIFICATION
The Sponsor shall defend, indemnify, and hold the State and its officers and employees harmless from all claims, demands, or
suits at law or equity arising in whole or in part from the actual or alleged acts, errors, omissions or negligence in connection
with this Agreement (including without limitation all work or activities thereunder), or the breach of any obligation under this
Agreement by the Sponsor or the Sponsor's agents, employees, contractors, subcontractors, or vendors, of any tier, or any
other persons for whom the Sponsor may be legally liable.
Provided that nothing herein shall require a Sponsor to defend or indemnify the State against and hold harmless the State
from claims, demands or suits based solely upon the negligence of the State, its employees and/or agents for whom the State
is vicariously liable.
Provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the Sponsor or the
Sponsor's agents or employees, and (b) the State, or its employees or agents the indemnity obligation shall be valid and
enforceable only to the extent of the Sponsor's negligence or its agents, or employees.
As part of its obligations provided above, the Sponsor specifically assumes potential liability for actions brought by the
Sponsor's own employees or its agents against the State and, solely for the purpose of this indemnification and defense, the
Sponsor specifically waives any immunity under the state industrial insurance law, RCW Title 51. Sponsor's waiver of
immunity under this provision extends only to claims against Sponsor by Indemnitee RCO, and does not include, or extend to,
any claims by Sponsor's employees directly against Sponsor.
Sponsor shall ensure that any agreement relating to this project involving any contractors, subcontractors and/or vendors of
any tier shall require that the contracting entity indemnify, defend, waive RCW 51 immunity, and otherwise protect the State as
provided herein as if it were the Sponsor. This shall not apply to a contractor or subcontractor is solely donating its services to
the project without compensation or other substantial consideration.
The Sponsor shall also defend, indemnify, and hold the State and its officers and employees harmless from all claims,
demands, or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other
allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or
inventions by the Sponsor or the Sponsor's agents, employees, contractors, subcontractors or vendors, of any tier, or any
other persons for whom the Sponsor may be legally liable, in performance of the work under this Agreement or arising out of
any use in connection with the Agreement of methods, processes, designs, information or other items furnished or
communicated to the State, its agents, officers and employees pursuant to the Agreement. Provided, this indemnity shall not
apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents,
proprietary information, know-how, copyright rights or inventions resulting from the State's, its agents', officers' and
employees' failure to comply with specific written instructions regarding use provided to the State, its agents, officers and
employees by the Sponsor, its agents, employees, contractors, subcontractors or vendors, of any tier, or any other persons for
whom the Sponsor may be legally liable.
The funding board and RCO are included within the term State, as are all other agencies, departments, boards, councils,
committees, divisions, bureaus, offices, societies, or other entities of state government.
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Page 11 of 23 35
INDEPENDENT CAPACITY OF THE SPONSOR
The Sponsor and its employees or agents performing under this Agreement are not officers, employees or agents of the RCO
or Funding Entity. The Sponsor will not hold itself out as nor claim to be an officer, employee or agent of the RCO or the
Funding Entity, or of the state of Washington, nor will the Sponsor make any claim of right, privilege or benefit which would
accrue to an employee under RCW 41.06.
The Sponsor is responsible for withholding and/or paying employment taxes, insurance, or deductions of any kind required by
federal, state, and/or local laws.
CONFLICT OF INTEREST
Notwithstanding any determination by the Executive Ethics Board or other tribunal, RCO may, in its sole discretion, by written
notice to the Sponsor terminate this Agreement if it is found after due notice and examination by RCO that there is a violation
of the Ethics in Public Service Act, RCW 42.52; or any similar statute involving the Sponsor in the procurement of, or
performance under, this Agreement.
In the event this Agreement is terminated as provided herein, RCO shall be entitled to pursue the same remedies against the
Sponsor as it could pursue in the event of a breach of the Agreement by the Sponsor. The rights and remedies of RCO
provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or this
Agreement.
COMPLIANCE WITH APPLICABLE LAW
In implementing the Agreement, the Sponsor shall comply with all applicable federal, state, and local laws (including without
limitation all applicable ordinances, codes, rules, and regulations). Such compliance includes, without any limitation as to other
applicable laws, the following laws:
A. Nondiscrimination Laws. The Sponsor shall comply with all applicable federal, state, and local nondiscrimination
laws and/or policies, including but not limited to: the Americans with Disabilities Act; Civil Rights Act; and the Age
Discrimination Employment Act (if applicable). In the event of the Sponsor's noncompliance or refusal to comply with
any nondiscrimination law or policy, the Agreement may be rescinded, cancelled, or terminated in whole or in part,
and the Sponsor may be declared ineligible for further grant awards from the RCO or Funding Entity. The Sponsor is
responsible for any and all costs or liability arising from the Sponsor's failure to so comply with applicable law. Except
where a nondiscrimination clause required by a federal funding agency is used, the Sponsor shall insert the following
nondiscrimination clause in each contract for construction of this project: "During the performance of this contract, the
contractor agrees to comply with all federal and state nondiscrimination laws, regulations and policies."
B. Secular Use of Funds. No funds awarded under this grant may be used to pay for any religious activities, worship, or
instruction, or for lands and facilities for religious activities, worship, or instruction. Religious activities, worship, or
instruction may be a minor use of the grant supported recreation and conservation land or facility.
C. Wages and Job Safety. The Sponsor agrees to comply with all applicable laws, regulations, and policies of the
United States and the State of Washington or other jurisdiction which affect wages and job safety. The Sponsor
agrees when state prevailing wage laws (RCW 39.12) are applicable, to comply with such laws, to pay the prevailing
rate of wage to all workers, laborers, or mechanics employed in the performance of any part of this contract, and to
file a statement of intent to pay prevailing wage with the Washington State Department of Labor and Industries as
required by RCW 39.12.40. The Sponsor also agrees to comply with the provisions of the rules and regulations of the
Washington State Department of Labor and Industries.
1) Pursuant to RCW 39.12.040(1)(a), all contractors and subcontractors shall submit to Sponsor a statement of
intent to pay prevailing wages if the need to pay prevailing wages is required by law. If a contractor or
subcontractor intends to pay other than prevailing wages, it must provide the Sponsor with an affirmative
statement of the contractor's or subcontractor's intent. Unless required by law, the Sponsor is not required to
investigate a statement regarding prevailing wage provided by a contractor or subcontractor.
D. Restrictions on Grant Use. No part of any funds provided under this grant shall be used, other than for normal and
recognized executive -legislative relationships, for publicity or propaganda purposes, or for the preparation,
distribution, or use of any kit, pamphlet, booklet, publication, radio, television, or video presentation designed to
support or defeat legislation pending before the U.S. Congress or any state legislature. No part of any funds provided
under this grant shall be used to pay the salary or expenses of any Sponsor, or agent acting for such Sponsor, related
to any activity designed to influence legislation or appropriations pending before the U.S. Congress or any state
legislature.
E. Debarment and Certification. By signing the Agreement with RCO, the Sponsor certifies that neither it nor its
principals nor any other lower tier participant are presently debarred, suspended, proposed for debarment, declared
ineligible or voluntarily excluded from participation in this transaction by Washington State Labor and Industries.
Further, the Sponsor agrees not to enter into any arrangements or contracts related to this Agreement with any party
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that is on Washington State Department of Labor and Industries' "Debarred Contractor List."
ARCHAEOLOGICAL AND CULTURAL RESOURCES
A. Project Review. RCO facilitates the review of projects for potential impacts to archaeology and cultural resources,
except as those listed below. The Sponsor shall follow RCO guidance and directives to assist it with such review as
may apply.
1) Projects occurring on State/Federal Lands: Archaeological and cultural resources compliance for projects
occurring on State or Federal Agency owned or managed lands, will be the responsibility of the respective
agency, regardless of sponsoring entity type. Prior to ground disturbing work or alteration of a potentially
historic or culturally significant structure, or release of final payments on an acquisition, the Sponsor must
provide RCO all documentation acknowledging and demonstrating that the applicable archaeological and
cultural resources responsibilities of such state or federal landowner or manager has been conducted.
B. Termination. RCO retains the right to terminate a project due to anticipated or actual impacts to archaeology and
cultural resources.
C. Notice To Proceed. No work shall commence in the project area until RCO has provided a notice of cultural resources
completion. RCO may require on-site monitoring for impacts to archaeology and cultural resources during any
demolition, construction, land clearing, restoration, or repair work, and may direct that work stop to minimize, mitigate,
or avoid impacts to archaeology and cultural resource impacts or concerns. All cultural resources requirements for
non ground disturbing projects (such as acquisition or planning projects) must be met prior to final reimbursement.
D. Compliance and Indemnification. At all times, the Sponsor shall take reasonable action to avoid, minimize, or mitigate
adverse effects to archaeological and historic resources in the project area, and comply with any RCO direction for
such minimization and mitigation. All federal or state cultural resources requirements under Governor's Executive
Order 21-02 and the National Historic Preservation Act, and the State Environmental Policy Act and the National
Environmental Policy Act, and any local laws that may apply, must be completed prior to the start of any work on the
project site. The Sponsor must agree to indemnify and hold harmless the State of Washington in relation to any claim
related to historical or cultural artifacts discovered, disturbed, or damaged due to the project funded under this
Agreement. Sponsor shall comply with RCW 27.53, RCW 27.44.055, and RCW 68.50.645, and all other applicable
local, state, and federal laws protecting cultural resources and human remains.
E. Costs associated with project review and evaluation of archeology and cultural resources are eligible for
reimbursement under this agreement. Costs that exceed the budget grant amount shall be the responsibility of the
Sponsor Inadvertent Discovery Plan. The Sponsor shall request, review, and be bound by the RCO Inadvertent
Discovery Plan, and:
1) Keep the IDP at the project site.
2) Make the IDP readily available to anyone working at the project site.
3) Discuss the IDP with staff and contractors working at the project site.
4) Implement the IDP when cultural resources or human remains are found at the project site.
F. Discovery
1) If any archaeological or historic resources are found while conducting work under this Agreement, the
Sponsor shall immediately stop work and notify RCO, the Department of Archaeology and Historic
Preservation at (360) 586-3064, and any affected Tribe, and stop any activity that may cause further
disturbance to the archeological or historic resources.
2) If any human remains are found while conducting work under this Agreement, Sponsor shall immediately
stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office, and then
RCO, all in the most expeditious manner, and stop any activity that may cause disturbance to the remains.
Sponsor shall secure the area of the find will and protect the remains from further disturbance until the State
provides a new notice to proceed.
a) Any human remains discovered shall not be touched, moved, or further disturbed unless directed by
RCO or the Department of Archaeology and Historic Preservation (DAHP).
b) The county medical examiner/coroner will assume jurisdiction over the human skeletal remains and
make a determination of whether those remains are forensic or non -forensic. If the county medical
examiner/coroner determines the remains are non -forensic, then they will report that finding to the
Department of Archaeology and Historic Preservation (DAHP) who will then take jurisdiction over
the remains. The DAHP will notify any appropriate cemeteries and all affected tribes of the find. The
State Physical Anthropologist will make a determination of whether the remains are Indian or Non- 37
Page 13 of 23
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Indian and report that finding to any appropriate cemeteries and the affected tribes. The DAHP will
then handle all consultation with the affected parties as to the future preservation, excavation, and
disposition of the remains.
RECORDS
A. Digital Records. If requested by RCO, the Sponsor must provide a digital file(s) of the project property and funded
project site in a format specified by the RCO.
B. Maintenance and Retention. The Sponsor shall maintain books, records, documents, data and other records
relating to this Agreement and performance of the services described herein, including but not limited to accounting
procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in
the performance of this Agreement. Sponsor shall retain such records for a period of nine years from the date RCO
deems the project complete, as defined in the PROJECT REIMBURSEMENTS Section. If any litigation, claim or audit
is started before the expiration of the nine (9) year period, the records shall be retained until all litigation, claims, or
audit findings involving the records have been resolved.
C. In order to satisfy 15 CFR 24.42(b) & (c) and 2 CFR 200 (as updated), for projects that contain Pacific Coast Salmon
Recovery Funds or are used as match to Pacific Coast Salmon Recovery Funds the sponsor shall retain records for a
period of nine years from the date RCO deems the project complete as defined in the PROJECT
REIMBURSEMENTS Section.
D. Access to Records and Data. At no additional cost, the records relating to the Agreement, including materials
generated under the Agreement, shall be subject at all reasonable times to inspection, review or audit by RCO,
personnel duly authorized by RCO, the Office of the State Auditor, and federal and state officials so authorized by
law, regulation or agreement. This includes access to all information that supports the costs submitted for payment
under the grant and all findings, conclusions, and recommendations of the Sponsor's reports, including computer
models and methodology for those models.
E. Public Records. Sponsor acknowledges that the RCO is subject to RCW 42.56 and that this Agreement and any
records Sponsor submits or has submitted to the State shall be a public record as defined in RCW 42.56. RCO
administers public records requests per WAC 286-06 and 420-04 (which ever applies). Additionally, the Sponsor
agrees to disclose any information in regards to the expenditure of that funding as if the project sponsor were subject
to the requirements of chapter 42.56 RCW. By submitting any record to the State, Sponsor understands that the State
may be requested to disclose or copy that record under the state public records law, currently codified at RCW 42.56.
The Sponsor warrants that it possesses such legal rights as are necessary to permit the State to disclose and copy
such record to respond to a request under state public records laws. The Sponsor hereby agrees to release the State
from any claims arising out of allowing such review or copying pursuant to a public records act request, and to
indemnify against any claims arising from allowing such review or copying and pay the reasonable cost of state's
defense of such claims.
PROJECT FUNDING
A. Authority. This Agreement and funding is made available to Sponsor through the RCO.
B. Additional Amounts. The RCO or Funding Entity shall not be obligated to pay any amount beyond the dollar amount
as identified in this Agreement, unless an additional amount has been approved in advance by the RCO director and
incorporated by written amendment into this Agreement.
C. Before the Agreement. No expenditure made, or obligation incurred, by the Sponsor before the project start date
shall be eligible for grant funds, in whole or in part, unless specifically provided for by the RCO director, such as a
waiver of retroactivity or program specific eligible pre -Agreement costs. For reimbursements of such costs, this
Agreement must be fully executed and an original received by RCO. The dollar amounts identified in this Agreement
may be reduced as necessary to exclude any such expenditure from reimbursement.
D. Requirements for Federal Subawards. Pre -Agreement costs before the federal award date in the FEDERAL FUND
INFORMATION Section are ineligible unless approved by the federal award agency (2 C.F.R § 200.458 (2013)).
E. After the Period of Performance. No expenditure made, or obligation incurred, following the period of performance
shall be eligible, in whole or in part, for grant funds hereunder. In addition to any remedy the RCO or Funding Entity
may have under this Agreement, the grant amounts identified in this Agreement shall be reduced to exclude any such
expenditure from participation.
PROJECT REIMBURSEMENTS
A. Reimbursement Basis. This Agreement is administered on a reimbursement basis per WAC 286-13 and/or 420-12,
whichever has been designated to apply. Only the primary Sponsor may request reimbursement for eligible and
allowable costs incurred during the period of performance. The primary Sponsor may request reimbursement only
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after (1) this Agreement has been fully executed and (2) the Sponsor has remitted payment to its vendors. RCO will
authorize disbursement of project funds only on a reimbursable basis at the percentage as defined in the PROJECT
FUNDING Section. Reimbursement shall not be approved for any expenditure not incurred by the Sponsor, or for a
donation used as part of its matching share. RCO does not reimburse for donations. All reimbursement requests must
include proper documentation of expenditures as required by RCO.
B. Reimbursement Request Frequency. The primary Sponsor is required to submit a reimbursement request to RCO,
at a minimum for each project at least once a year for reimbursable activities occurring between July 1 and June 30 or
as identified in the milestones. Sponsors must refer to the most recent applicable RCO manuals and this Agreement
regarding reimbursement requirements.
C. Compliance and Payment. The obligation of RCO to pay any amount(s) under this Agreement is expressly
conditioned on strict compliance with the terms of this Agreement and other agreements between RCO and the
Sponsor.
D. Conditions for Payment of Retainage. RCO reserves the right to withhold disbursement of the total amount of the
grant to the Sponsor until the following has occurred:
1) RCO has accepted the project as a completed project, which acceptance shall not be unreasonably withheld.
2) On-site signs are in place (if applicable); Any other required documents and media are complete and
submitted to RCO;Grant related fiscal transactions are complete, and
E. Requirements for Federal Subawards: Match. The Sponsor's matching share must comply with 2 C.F.R. Part 200
(as updated). Any shared costs or matching funds and all contributions, including cash and third party in-kind
contributions, can be accepted as part of the Sponsor's matching share when such contributions meet all of the
following criteria:
1) Are verifiable from the non -Federal entity's (Sponsor's) records;
2) Are not included as contributions for any other Federal award;
3) Are necessary and reasonable for accomplishment of project or program objectives;
4) Are allowable under 2 C.F.R. Part 200 as updated;
5) Are not paid by the Federal Government under another Federal award, except where the Federal statute
authorizing a program specifically provides that Federal funds made available for such program can be
applied to matching or cost sharing requirements of other Federal programs;
6) Are provided for in the approved budget when required by the Federal awarding agency identified in the
FEDERAL FUND INFORMATION Section of this Agreement; and
7) Conform to other provisions of 2 C.F.R. Part 200 (as updated) as applicable.
F. Requirements for Federal Subawards: Close out. Per 2 C.F.R § 200.343 (2013), the non -Federal entity (Sponsor)
must:
1) Submit, no later than 90 calendar days after the end date of the period of performance, all financial,
performance, and other reports as required by the terms and conditions of the Federal award. The Federal
awarding agency or pass-through entity (RCO) may approve extensions when requested by the Sponsor.
2) Liquidate all obligations incurred under the Federal award not later than 90 calendar days after the end date
of the period of performance as specified in the terms and conditions of the Federal award.
3) Refund any balances of unobligated cash that the Federal awarding agency or pass-through entity (RCO)
paid in advance or paid and that are not authorized to be retained by the non -Federal entity (Sponsor) for
use in other projects. See OMB Circular A-129 and see 2 C.F.R § 200.345 Collection of amounts due (2013),
for requirements regarding unreturned amounts that become delinquent debts.
4) Account for any real and personal property acquired with Federal funds or received from the Federal
Government in accordance with 2 C.F.R §§ 200.310 Insurance coverage through 200.316 Property trust
relationship and 200.329 Reporting on real property (2013).
RECOVERY OF PAYMENTS
A. Recovery for Noncompliance. In the event that the Sponsor fails to expend funds under this Agreement in
accordance with state and federal laws, and/or the provisions of the Agreement, fails to meet its percentage of the
project total, and/or fails to comply with any of the terms and conditions of the Agreement, RCO reserves the right to
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39
recover grant award funds in the amount equivalent to the extent of noncompliance in addition to any other remedies
available at law or in equity.
B. Return of Overpayments. The Sponsor shall reimburse RCO for any overpayment or erroneous payments made
under the Agreement. Repayment by the Sponsor of such funds under this recovery provision shall occur within 30
days of demand by RCO. Interest shall accrue at the rate of twelve percent (12%) per annum from the time the
Sponsor received such overpayment. Unless the overpayment is due to an error of RCO, the payment shall be due
and owing on the date that the Sponsor receives the overpayment from the RCO. If the payment is due to an error of
RCO, it shall be due and owing 30 days after demand by RCO for refund.
C. Requirements for Federal Subawards. RCO, acting as a pass-through entity, may impose any of the remedies as
authorized in 2 C.F.R §§ 200.207 Specific conditions and/or 200.338 Remedies for noncompliance (2013).
COVENANT AGAINST CONTINGENT FEES
The Sponsor warrants that no person or selling agent has been employed or retained to solicit or secure this Agreement on an
agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or
bona fide established agents maintained by the Sponsor for the purpose of securing business. RCO shall have the right, in the
event of breach of this clause by the Sponsor, to terminate this Agreement and to be reimbursed by Sponsor for any grant
funds paid to Sponsor (even if such funds have been subsequently paid to an agent), without liability to RCO or, in RCO's
discretion, to deduct from the Agreement grant amount or consideration or recover by other means the full amount of such
commission, percentage, brokerage or contingent fee.
INCOME (AND FEES) AND USE OF INCOME
A. Compatible source. The source of any income generated in a funded project or project area must be compatible with
the funding source and the Agreement and any applicable manuals, RCWs, and WACs.
B. Use of Income. Subject to any limitations contained in applicable state or federal law, any needed approvals of RCO,
and applicable rules and policies, income or fees generated at a project work site (including entrance, utility corridor
permit, cattle grazing, timber harvesting, farming, rent, franchise fees, ecosystem services, carbon offsets
sequestration, etc.) during or after the reimbursement period cited in the Agreement, must be used to offset:
1) The Sponsor's matching resources;
2) The project's total cost;
3) The expense of operation, maintenance, stewardship, monitoring, and/or repair of the facility or program
assisted by the grant funding;
4) The expense of operation, maintenance, stewardship, monitoring, and/or repair of other similar units in the
Sponsor's system;
5) Capital expenses for similar acquisition and/or development and renovation; and/or
6) Other purposes explicitly approved by RCO or otherwise provided for in this agreement.
C. Requirements for Federal Subawards. Requirements for Federal Subawards. Sponsors must also comply with
program income requirements (see 2 C.F.R. Part 200 (as updated) for federal awards).
PROCUREMENT REQUIREMENTS
A. Procurement Requirements. If the Sponsor has, or is required to have, a procurement process that follows
applicable state and/or federal law or procurement rules and principles, it must be followed, documented, and
retained. If no such process exists, the Sponsor must follow these minimum procedures:
1) Publish a notice to the public requesting bids/proposals for the project;
2) Specify in the notice the date for submittal of bids/proposals;
3) Specify in the notice the general procedure and criteria for selection; and
4) Sponsor must contract or hire from within its bid pool. If bids are unacceptable the process needs to be
repeated until a suitable bid is selected.
5) Comply with the same legal standards regarding unlawful discrimination based upon race, gender, ethnicity,
sex, or sex -orientation that are applicable to state agencies in selecting a bidder or proposer.
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Alternatively, Sponsor may choose a bid from a bidding cooperative if authorized to do so.
This procedure creates no rights for the benefit of third parties, including any proposers, and may not be
enforced or subject to review of any kind or manner by any entity other than the RCO. Sponsors may be
required to certify to the RCO that they have followed any applicable state and/or federal procedures or the
above minimum procedure where state or federal procedures do not apply.
B. Requirements for Federal Subawards.
1) For all Federal subawards, non -Federal entities (Sponsors) must follow 2 C.F.R §§ 200.318 General
procurement standards through 200.326 Contract Provisions (2013).
TREATMENT OF EQUIPMENT AND ASSETS
Equipment shall be used and managed only for the purpose of this Agreement, unless otherwise provided herein or in the
applicable manuals, or approved by RCO in writing.
A. Discontinued Use. Equipment obtained under this Agreement shall remain in the possession of the Sponsor for the
duration of the project, or RULES of applicable grant assisted program. When the Sponsor discontinues use of the
equipment for the purpose for which it was funded, RCO may require the Sponsor to deliver the equipment to RCO,
or to dispose of the equipment according to RCO published policies.
B. Loss or Damage. The Sponsor shall be responsible for any loss or damage to equipment.
C. Requirements for Federal Subawards. Procedures for managing equipment (including replacement equipment),
whether acquired in whole or in part under a Federal award or match for the award, until disposition takes place will,
at a minimum, meet the following requirements (2 C.F.R § 200.313 (2013) as updated and amended):
1) Property records must be maintained that include a description of the property, a serial number or other
identification number, the source of funding for the property (including the Federal Award Identification
Number), who holds title, the acquisition date, and cost of the property, percentage of Federal participation in
the project costs for the Federal award under which the property was acquired, the location, use and
condition of the property, and any ultimate disposition data including the date of disposal and sale price of
the property.
2) A physical inventory of the property must be taken and the results reconciled with the property records at
least once every two years.
3) A control system must be developed to ensure adequate safeguards to prevent loss, damage, or theft of the
property. Any loss, damage, or theft must be investigated.
4) Adequate maintenance procedures must be developed to keep the property in good condition.
5) If the non -Federal entity is authorized or required to sell the property, proper sales procedures must be
established to ensure the highest possible return.
RIGHT OF INSPECTION
The Sponsor shall provide right of access to the project to RCO, or any of its officers, or to any other authorized agent or
official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate
performance, long-term obligations, compliance, and/or quality assurance under this Agreement. If a landowner agreement or
other form of control and tenure limits access to the project area, it must include (or be amended to include) the RCO's right to
inspect and access lands acquired or developed with this funding assistance.
STEWARDSHIP AND MONITORING
Sponsor agrees to perform monitoring and stewardship functions as stated in the applicable WACs and manuals, this
Agreement, or as otherwise directed by RCO consistent with the existing laws and applicable manuals. Sponsor further agrees
to utilize, where applicable and financially feasible, any monitoring protocols recommended by the RCO; provided that RCO
does not represent that any monitoring it may recommend will be adequate to reasonably assure project performance or
safety. It is the sole responsibility of the Sponsor to perform such additional monitoring as may be adequate for such purposes.
ACKNOWLEDGMENT AND SIGNS
A. Federally Funded Projects. When issuing statements, press releases, requests for proposals, bid solicitations, and
other documents describing a project funded in whole or in part with federal money provided for in this grant,
RCO: 22-1049 Revision Date: 9/15/2022
Page 17 of 23 41
Sponsors shall clearly state:
1) The fund source;
2) The percentage of the total costs of the project that is financed with federal money;
3) The dollar amount of federal funds for the project; and
4) The percentage and dollar amount of the total costs of the project that is financed by nongovernmental
sources.
PROVISIONS FOR FEDERAL SUBAWARDS
The following provisions shall be in force for this agreement:
A. Sub -Recipient (Sponsor) must comply with the cost principles of 2 C.F.R. Part 200 (as updated). Unless otherwise
indicated, the cost principles apply to the use of funds provided under this Agreement to include match and any in-
kind matching donations. The applicability of the cost principles depends on the type of organization incurring the
costs.
B. Infrastructure Investment and Jobs Act, Pub. L. No. 117-58, Build America, Buy America Act, Pub. L. No. 117-
58, Section 70901-52. Subrecipients must comply with section 70914 of the Act, including by the incorporation of a
Buy America preference in the terms and conditions of each award with an infrastructure project. The Act requires the
following Buy America preference:
1) All iron and steel used in the project are produced in the United States. This means all manufacturing
processes, from the initial melting stage through the application of coatings, occurred in the United States.
2) All manufactured products used in the project are produced in the United States. This means the
manufactured product was manufactured in the United States, and the cost of the components of the
manufactured product that are mined, produced, or manufactured in the United States is greater than 55
percent of the total cost of all components of the manufactured product, unless another standard for
determining the minimum amount of domestic content of the manufactured product has been established
under applicable law or regulation; and
3) All construction materials are manufactured in the United States. This means that all manufacturing
processes for the construction material occurred in the United States.
4) Subject to subsequent approved federal agency specific waivers.
C. Binding Official. Per 2 CFR 200 (as updated), as updated, Sponsor certifies through its actions or those of
authorized staff, at the time of a request for reimbursement, the following: "To the best of my knowledge and belief
that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the
purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false,
fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or
administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and
Title 31, Sections 3729-3730 and 3801-3812)."
D. Equal Employment Opportunity. Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the
definition of "federally assisted construction contract" in 41 C.F.R. § 60-1.3 must include the equal opportunity clause
provided under 41 C.F.R. § 60- 1.4(b), in accordance with Executive Order 11246, Equal Employment Opportunity
(30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375,
Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41
C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of
Labor). See 2 C.F.R. Part 200 (as updated).
1) Federally Assisted Construction Contract. The regulation at 41 C.F.R. § 60-1.3 defines a "federally
assisted construction contract" as any agreement or modification thereof between any applicant and a
person for construction work which is paid for in whole or in part with funds obtained from the Government or
borrowed on the credit of the Government pursuant to any Federal program involving a grant, contract, loan,
insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan,
insurance, or guarantee, or any application or modification thereof approved by the Government for a grant,
contract, loan, insurance, or guarantee under which the applicant itself participates in the construction work.
2) Construction Work. The regulation at 41 C.F.R. § 60-1.3 defines "construction work" as the construction,
rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways, or other changes
or improvements to real property, including facilities providing utility services. The term also includes the
supervision, inspection, and other onsite functions incidental to the actual construction.
42 CO: 22-1049
Revision Date: 9/15/2022 Page 18 of 23
E. Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). When required by federal program legislation, all prime
construction contracts in excess of $2,000 awarded by non-federal entities (Sponsors) must include a provision for
compliance with the Davis -Bacon Act (40 U.S.C. 3141-3148) as supplemented by Department of Labor regulations
(29 C.F.R. § 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction").
In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not
less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition,
contractors must be required to pay wages not less than once a week. The non-federal entity (Sponsor) must place a
copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The
decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The
non -Federal entity (Sponsor) must report all suspected or reported violations to the federal awarding agency identified
in the Federal Fund Information Section.
The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U. S. C. 3145),
as supplemented by Department of Labor regulations (29 C.F.R Part 3, "Contractors and Subcontractors on Public
Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides
that each contractor or subrecipient (Sponsor) must be prohibited from inducing, by any means, any person employed
in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is
otherwise entitled. The non -Federal entity (Sponsor) must report all suspected or reported violations to the Federal
awarding agency identified in Section H: Federal Fund Information.
F. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded
by the non-federal entity (Sponsor) in excess of $100,000 that involve the employment of mechanics or laborers must
include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor
regulations (29 C.F.R. Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the
wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the
standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half
times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40
U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in
surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not
apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for
transportation or transmission of intelligence.
G. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding
agreement" under 37 C.F.R § 401.2(a) and the recipient or subrecipient (Sponsor) wishes to enter into a contract with
a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of
experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient
(Sponsor) must comply with the requirements of 37 C.F.R Part 401, "Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and
any implementing regulations issued by the awarding agency.
H. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as
Amended. Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non -
Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air
Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387).
Violations must be reported to the Federal awarding agency identified in Section H: Federal Fund Information and the
Regional Office of the Environmental Protection Agency (EPA).
I. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352). By signing this Agreement, the Sponsor certifies (per the
certification requirements of 31 U.S.C.) that none of the funds that the Sponsor has (directly or indirectly) received or
will receive for this project from the United States or any agency thereof, have been used or shall be used to engage
in the lobbying of the Federal Government or in litigation against the United States. Such lobbying includes any
influence or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in connection with this project. Contractors that apply or bid
for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not
and has not used federal appropriated funds to pay any person or organization for influencing or attempting to
influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an
employee of a member of Congress in connection with obtaining any federal contract, grant or any other award
covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-federal funds that takes place in
connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal
award.
J. Procurement of Recovered Materials. A non-federal entity (Sponsor) that is a state agency or agency of a political
subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended
by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items
designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R part 247 that contain the highest
percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where
the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year
Page 19 of 23 43
RCO: 22-1049 Revision Date: 9/15/2022
exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource
recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in
the EPA guidelines.
K. Required Insurance. The non-federal entity (Sponsor) must, at a minimum, provide the equivalent insurance
coverage for real property and equipment acquired or improved with federal funds as provided to property owned by
the non-federal entity. Federally -owned property need not be insured unless required by the terms and conditions of
the Federal award (2 C.F.R § 200.310 (2013)).
L. Debarment and Suspension (Executive Orders 12549 and 12689). The Sponsor must not award a contract to
parties listed on the government -wide exclusions in the System for Award Management (SAM), in accordance with
the Office of Management and Budget (OMB) guidelines at 2 C.F.R § 180 that implement Executive Orders 12549 (3
C.F.R part 1986 Comp., p. 189) and 12689 (3 C.F.R part 1989 Comp., p. 235), "Debarment and Suspension." SAM
Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties
declared ineligible under statutory or regulatory authority other than Executive Order 12549.
M. Conflict of Interest. Sponsor agrees to abide by the conflict of interest policy and requirements of the federal funding
agency established pursuant to 2 C.F.R 200.
PROVISIONS FOR SALMON RECOVERY FUNDING BOARD PROJECTS
For habitat restoration projects funded in part or whole with federal funds administered by the SRFB the Sponsor shall not
commence with clearing of riparian trees or in -water work unless either the Sponsor has complied with 50 C.F.R. § 223.203
(b)(8) (2000), limit 8 or until an Endangered Species Act consultation is finalized in writing by the National Oceanic and
Atmospheric Administration. Violation of this requirement may be grounds for terminating this Agreement. This section shall
not be the basis for any enforcement responsibility by RCO.
ORDER OF PRECEDENCE
This Agreement is entered into, pursuant to, and under the authority granted by applicable federal and state laws. The
provisions of the Agreement shall be construed to conform to those laws. In the event of a direct and irreconcilable conflict
between the terms of this Agreement and any applicable statute, rule, or policy or procedure, the conflict shall be resolved by
giving precedence in the following order:
A. Federal law and binding executive orders;
B. Code of federal regulations;
C. Terms and conditions of a grant award to the state from the federal government;
D. Federal grant program policies and procedures adopted by a federal agency that are required to be applied by federal
law;
E. State Constitution, RCW, and WAC;
F. Agreement Terms and Conditions and Applicable Manuals;
G. Applicable deed restrictions, and/or governing documents.
LIMITATION OF AUTHORITY
Only RCO's Director or RCO's delegate authorized in writing (delegation to be made prior to action) shall have the authority to
alter, amend, modify, or waive any clause or condition of this Agreement; provided that any such alteration, amendment,
modification, or waiver of any clause or condition of this Agreement is not effective or binding unless made as a written
amendment to this Agreement and signed by the RCO Director or delegate.
WAIVER OF DEFAULT
Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the
Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a
modification of the terms of the Agreement unless stated to be such in writing, signed by the director, or the director's
designee, and attached as an amendment to the original Agreement.
APPLICATION REPRESENTATIONS — MISREPRESENTATIONS OR INACCURACY OR BREACH
The Funding Entity (if different from RCO) and RCO rely on the Sponsor's application in making its determinations as to
eligibility for, selection for, and scope of, funding grants. Any misrepresentation, error or inaccuracy in any part of the
44RCO: 22-1049 Revision Date: 9/15/2022 Page 20 of 23
application may be deemed a breach of this Agreement.
SPECIFIC PERFORMANCE
RCO may, at it's discretion, enforce this Agreement by the remedy of specific performance, which means Sponsors'
completion of the project and/or its completion of long-term obligations as described in this Agreement. However, the remedy
of specific performance shall not be the sole or exclusive remedy available to RCO. No remedy available to the RCO shall be
deemed exclusive. The RCO may elect to exercise any, a combination of, or all of the remedies available to it under this
Agreement, or under any provision of law, common law, or equity, including but not limited to seeking full or partial repayment
of the grant amount paid and damages.
TERMINATION AND SUSPENSION
The RCO requires strict compliance by the Sponsor with all the terms of this Agreement including, but not limited to, the
requirements of the applicable statutes, rules, and RCO policies, and with the representations of the Sponsor in its application
for a grant as finally approved by RCO. For federal awards, notification of termination will comply with 2 C.F.R. § 200 (as
updated).
A. For Cause.
1) The RCO director may suspend or terminate the obligation to provide funding to the Sponsor under this
Agreement:
a) If the Sponsor breaches any of the Sponsor's obligations under this Agreement;
b) If the Sponsor fails to make progress satisfactory to the RCO director toward completion of the
project by the completion date set out in this Agreement. Included in progress is adherence to
milestones and other defined deadlines; or
c) If the primary and secondary Sponsor(s) cannot mutually agree on the process and actions needed
to implement the project;
2) Prior to termination, the RCO shall notify the Sponsor in writing of the opportunity to cure. If corrective action
is not taken within 30 days or such other time period that the director approves in writing, the Agreement may
be terminated. In the event of termination, the Sponsor shall be liable for damages or other relief as
authorized by law and/or this Agreement.
3) RCO reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the
Sponsor from incurring additional obligations of funds during the investigation of any alleged breach and
pending corrective action by the Sponsor, or a decision by the RCO to terminate the Contract.
B. For Convenience. Except as otherwise provided in this Agreement, RCO may, by ten (10) days written notice,
beginning on the second day after the mailing, terminate this Agreement, in whole or in part when it is in the best
interest of the state. If this Agreement is so terminated, RCO shall be liable only for payment required under the terms
of this Agreement prior to the effective date of termination. A claimed termination for cause shall be deemed to be a
"Termination for Convenience" if it is determined that:
1) The Sponsor was not in default; or
2) Failure to perform was outside Sponsor's control, fault or negligence.
C. Rights and Remedies of the RCO.
1) The rights and remedies of RCO provided in this Agreement are not exclusive and are in addition to any
other rights and remedies provided by law.
2) In the event this Agreement is terminated by the director, after any portion of the grant amount has been paid
to the Sponsor under this Agreement due to Sponsor's breach of the Agreement or other violation of law, the
director may require that any amount paid be repaid to RCO for redeposit into the account from which the
funds were derived. However, any repayment shall be limited to the extent repayment would be inequitable
and represent a manifest injustice in circumstances where the project will fulfill its fundamental purpose for
substantially the entire period of performance and of long-term obligation.
D. Non Availability of Funds. The obligation of the RCO to make payments is contingent on the availability of state and
federal funds through legislative appropriation and state allotment. If amounts sufficient to fund the grant made under
this Agreement are not appropriated to RCO for expenditure for this Agreement in any biennial fiscal period, RCO
shall not be obligated to pay any remaining unpaid portion of this grant unless and until the necessary action by the
Legislature or the Office of Financial Management occurs. If RCO participation is suspended under this section for a
RCO: 22-1049 Revision Date: 9/15/2022
Page 21 of 23 45
continuous period of one year, RCO's obligation to provide any future funding under this Agreement shall terminate.
Termination of the Agreement under this section is not subject to appeal by the Sponsor.
1) Suspension: The obligation of the RCO to manage contract terms and make payments is contingent upon
the state appropriating state and federal funding each biennium. In the event the state is unable to
appropriate such funds by the first day of each new biennium RCO reserves the right to suspend the
Agreement, with ten (10) days written notice, until such time funds are appropriated. Suspension will mean
all work related to the contract must cease until such time funds are obligated to RCO and the RCO provides
notice to continue work.
2) No Waiver. The failure or neglect of RCO to require strict compliance with any term of this Agreement or to
pursue a remedy provided by this Agreement or by law shall not act as or be construed as a waiver of any
right to fully enforce all rights and obligations set forth in this Agreement and in applicable state or federal law
and regulations.
DISPUTE HEARING
Except as may otherwise be provided in this Agreement , when a dispute arises between the Sponsor and the RCO, which
cannot be resolved, either party may request a dispute hearing according to the process set out in this section. Either party's
request for a dispute hearing must be in writing and clearly state:
A. The disputed issues;
B. The relative positions of the parties;
C. The Sponsor's name, address, project title, and the assigned project number.
In order for this section to apply to the resolution of any specific dispute or disputes, the other party must agree in writing that
the procedure under this section shall be used to resolve those specific issues. The dispute shall be heard by a panel of three
persons consisting of one person chosen by the Sponsor, one person chosen by the director, and a third person chosen by the
two persons initially appointed. If a third person cannot be agreed on, the persons chosen by the Sponsor and director shall be
dismissed and an alternate person chosen by the Sponsor, and one by the director shall be appointed and they shall agree on
a third person. This process shall be repeated until a three person panel is established.
Any hearing under this section shall be informal, with the specific processes to be determined by the disputes panel according
to the nature and complexity of the issues involved. The process may be solely based on written material if the parties so
agree. The disputes panel shall be governed by the provisions of this Agreement in deciding the disputes.
The parties shall be bound by the majority decision of the dispute panelists, unless the remedy directed by that panel is
beyond the authority of either or both parties to perform, as necessary, or is otherwise unlawful.
Request for a disputes hearing under this section by either party shall be delivered or mailed to the other party. The request
shall be delivered or mailed within thirty (30) days of the date the requesting party has received notice of the action or position
of the other party which it wishes to dispute. The written agreement to use the process under this section for resolution of
those issues shall be delivered or mailed by the receiving party to the requesting party within thirty (30) days of receipt by the
receiving party of the request.
All costs associated with the implementation of this process shall be shared equally by the parties.
ATTORNEYS' FEES
In the event of litigation or other action brought to enforce contract terms, each party agrees to bear its own costs and
attorneys' fees.
GOVERNING LAW/VENUE
This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. In the event of a
lawsuit involving this Agreement, venue shall be in Thurston County Superior Court if legally proper; otherwise venue shall be
in the Superior Court of a county where the project is situated, if venue there is legally proper, and if not, in a county where
venue is legally proper. The Sponsor, by execution of this Agreement acknowledges the jurisdiction of the courts of the State
of Washington and agrees to venue as set forth above.
SEVERABILITY
The provisions of this Agreement are intended to be severable. If any term or provision is illegal or invalid for any reason
whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Agreement.
46RCO: 22-1049
Revision Date: 9/15/2022 Page 22 of 23
END OF STANDARD TERMS AND CONDITIONS
This is the end of the Standard Terms and Conditions of the Agreement.
RCO: 22-1049 Revision Date: 9/15/2022
Page 23 of 23 47
Transportation & Infrastructure Services Committee Minutes November 7, 2022
E. Grant Award: Gilliam Creek & S. 131st St Drainage Improvements
Staff is seeking Council approval to accept King County Flood Control District Flood Reduction
funds in the amount of $350,000 for the projects.
Committee Recommendation
Unanimous approval. Forward to November 21, 2022 Regular Consent Agenda.
F. Grant Award: Gilliam Creek Fish Barrier Removal
Staff is seeking Council approval to accept a Recreation and Conservation Office Salmon
*Recovery Fund Board grant award in the amount of $250,000 for the project.
Committee Recommendation
Unanimous approval. Forward to November 21, 2022 Regular Consent Agenda.
G. Grant Award: South King County Transportation Demand Management
Staff is seeking Council approval to accept a Federal Highway Administration Congestion
Mitigation and Air Quality Improvement Program award in the amount of $450,000 to continue
providing TDM services through 2024.
Committee Recommendation
Unanimous approval. Forward to November 21, 2022 Regular Consent Agenda.
H. Via to Transit & Free Youth Transit
Staff provided an overview of the programs offered by King County Metro.
Item(s) for follow-up:
Provide information on rider safety measures, driver vetting, traveling with strollers and car
seats, and liability.
Committee Recommendation
Discussion only.
Miscellaneous
Chair Kruller mentioned a resident inquiry about any Comprehensive Plan or zoning proposals
relative to the Boeing Access Road infill light rail station.
Chair Kruller mentioned that residents are concerned about lack of landslide protections at a
development on 56th Avenue South.
The meeting adjourned at 6:14 p.m.
Committee Chair Approval
Minutes by LH
48
COUNCIL AGENDA SYNOPSIS
A.41,----- Initials
ITEM No.
44,
Meeting Date
Prepared by
Mayor's review
Council review
—il. to
]H
io,11/21/22
.
2906
ITEM INFORMATION
STAFF SPONSOR: JERRY E HIGHT
ORIGINAL AGENDA DATE: 11/21/22
AGENDA ITEM TITLE Contract for BHC Consultants Inc. plan review and inspection services
CATEGORY ❑ Discussion
Mfg Date
A Motion
Mtg Date 11/21
❑ Resolution
Mtg Date
❑ Ordinance
Mtg Date
❑ Bid Award
Mfg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs
11
DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PW
SPONSOR'S Council is being asked to approve a contract to continue current plan review and inspection
SUMMARY services with BHC Consultants Inc. with a not to exceed amount of $150,000.00 through
the 2023-2024 budget. A new contract is needed because the current contract with BHC
Consultants Inc. expires on 12/31/2022.
REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance 1 Planning & Community Dev.
❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 11/7/2022 COMMITTEE CHAIR: DELOSTRINOS JOHNSON
RECOMMENDATIONS:
SPoNsoR/ADMIN. Department of Community Development
COMMITTEE Unanimous Approval; Forward to Regular Council Consent Agenda
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$ $
Fund Source: 2023/2024 BUDGET PROFESSIONAL SERVICES
Comments: Pass-through
MTG. DATE
RECORD OF COUNCIL ACTION
11/21/22
MTG. DATE
ATTACHMENTS
11/21/22
Informational Memorandum dated 11/7/22
Contract for BHC Consultants Inc. for plan review and inspection services
Minutes from the Planning & Community Development meeting of 11/7/22
49
50
City of Tukwila
Allan Ekberg, Mayor
Department of Community Development Nora Gierloff Director
INFORMATIONAL MEMORANDUM
TO: Planning & Community Development Committee
FROM: Nora Gierloff, Director of the Department of Community Development
BY: Jerry E Hight, Building Official
CC: Mayor Ekberg
DATE: November 7, 2022
SUBJECT: BHC Consultants Inc. plan review and inspections services
ISSUE
Should council approve a contract to continue current plan review and inspection services with BHC Consultants
Inc. with a not to exceed amount of $150,000.00 through the 2023/2024 budget. A new contract is needed
because the current contract with BHC Consultants Inc. expires on 12/31/2022.
BACKGROUND
Due to the ongoing permit activity and larger projects such as Vietnamese Martyrs Church [$6 mil (valuation),
64,118 sq ft remodel and addition] Blue Pearl Tukwila Pet Hospital [$5 mil (valuation), 16,348 sq ft Interior Build-
out / Interior Addition], CenterPoint Warehouse [$39 mil (valuation), 414,528 sq ft tilt -up shell building], with
ongoing permits from Boeing and Westfield Mall, it will be necessary to continue to have this outside review and
inspection service.
DISCUSSION
Due to the current vacancies, staff is unable to dedicate the time required to review and inspect certain large
projects. The Building Division has previously contracted our plan review and inspection services successfully
with BHC Consultants Inc.
FINANCIAL IMPACT
$150,000.00 for professional service until the end of the 2023/2024 budget. With the ongoing permit activity
and larger projects for permits the amount of fees collected will cover the outside plan review and inspections
cost. The 2023/2024 budget will reflect the consultant's ongoing review cost as well as the ongoing permit
revenue.
RECOMMENDATION
Staff recommends the contract for BHC Consultants Inc. plan review and inspections services be placed on the
November 21, 2022, Regular Council, Consent Agenda for approval.
ATTACHMENTS
Contract for BHC Consultants Inc. plan review and inspections services.
Exhibit A Scope and Schedule of Services
Exhibit B Schedule of Charges
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206-431-3670 • Fax 206-431-3665 51
52
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contract Number:
PROFESSIONAL SERVICES AGREEMENT
(Includes consultants, architects, engineers, accountants, and other professional services)
THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter
referred to as "the City", and BHC Consultants LLC, hereinafter referred to as "the Consultant", in
consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. Project Designation. The Consultant is retained by the city to perform plan review and
inspections services for compliance with Washington State and Tukwila adopted codes.
2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A"
attached hereto, including the provision of all labor, materials, equipment and supplies.
3. Duration of Agreement: Time for Performance. This Agreement shall be in full force and
effect for a period commencing upon 1/2/2023 and ending on 12/31/2024, unless sooner
terminated under the provisions hereinafter specified. Work under this Agreement shall
commence upon written notice by the City to the Consultant to proceed. The Consultant shall
perform all services and provide all work product required pursuant to this Agreement no later
than 12/31/2024 unless an extension of such time is granted in writing by the City.
4. Payment. The Consultant shall be paid by the City for completed work and for services
rendered under this Agreement as follows:
A. Payment for the work provided by the Consultant shall be made as provided on Exhibit
"B" attached hereto, provided that the total amount of payment to the Consultant shall not
exceed $150,000.00 without express written modification of the Agreement signed by the
City.
B. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for that portion of the project completed to date. Such
vouchers will be checked by the City and, upon approval thereof, payment shall be made
to the Consultant in the amount approved.
C. Final payment of any balance due the Consultant of the total contract price earned will be
made promptly upon its ascertainment and verification by the City after the completion of
the work under this Agreement and its acceptance by the City.
D. Payment as provided in this section shall be full compensation for work performed,
services rendered, and for all materials, supplies, equipment and incidentals necessary to
complete the work.
E. The Consultant's records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City and the state of Washington for a
period of three (3) years after final payments. Copies shall be made available upon
request.
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5. Ownership and Use of Documents. All documents, drawings, specifications and other
materials produced by the Consultant in connection with the services rendered under this
Agreement shall be the property of the City whether the project for which they are made is
executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
the Consultant's endeavors. The Consultant shall not be responsible for any use of the said
documents, drawings, specifications or other materials by the City on any project other than
the project specified in this Agreement.
6. Compliance with Laws. The Consultant shall, in performing the services contemplated by
this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances
and regulations, applicable to the services rendered under this Agreement.
7. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers,
officials, employees and volunteers harmless from any and all claims, injuries, damages,
losses or suits including attorney fees, arising out of or resulting from intentional misconduct
or the negligent acts, errors or omissions of the Consultant in performance of this Agreement,
except for injuries and damages caused by the sole negligence of the City.
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 Consultant
and the City, its officers, officials, employees, and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence. It is further specifically
and expressly understood that the indemnification provided herein constitutes the Consultant's
waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this
indemnification. This waiver has been mutually negotiated by the parties. The provisions of
this section shall survive the expiration or termination of this Agreement.
8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from
or in connection with the performance of the work hereunder by the Consultant, its agents,
representatives, or employees. Consultant's maintenance of insurance as required by the
agreement shall not be construed to limit the liability of the Consultant to the coverage provided
by such insurance, or otherwise limit the City's recourse to any remedy available at law or in
equity.
A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the
types and with the limits described below:
1 Automobile Liability insurance with a minimum combined single limit for bodily injury
and property damage of $1,000,000 per accident. Automobile Liability insurance
shall cover all owned, non -owned, hired and leased vehicles. Coverage shall be
written on Insurance Services Office (ISO) form CA 00 01 or a substitute form
providing equivalent liability coverage. If necessary, the policy shall be endorsed to
provide contractual liability coverage.
2. Commercial General Liability insurance with limits no less than $2,000,000 each
occurrence, $2,000,000 general aggregate. Commercial General Liability
insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall
cover liability arising from premises, operations, stop -gap independent contractors
and personal injury and advertising injury. The City shall be named as an
additional insured under the Consultant's Commercial General Liability insurance
policy with respect to the work performed for the City using an additional insured
endorsement at least as broad as ISO endorsement form CG 20 26.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
CA revised May 2020
54
Page 2
4. Professional Liability with limits no less than $2,000,000 per claim and $2,000,000
policy aggregate limit. Professional Liability insurance shall be appropriate to the
Consultant's profession.
B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher
insurance limits than the minimums shown above, the Public Entity shall be insured for the
full available limits of Commercial General and Excess or Umbrella liability maintained by
the Contractor, irrespective of whether such limits maintained by the Contractor are greater
than those required by this Contract or whether any certificate of insurance furnished to
the Public Entity evidences limits of liability lower than those maintained by the Contractor.
C. Other Insurance Provision. The Consultant's Automobile Liability and Commercial
General Liability insurance policies are to contain, or be endorsed to contain that they shall
be primary insurance with respect to the City. Any Insurance, self-insurance, or insurance
pool coverage maintained by the City shall be excess of the Consultant's insurance and
shall not be contributed or combined with it.
D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.
Best rating of not less than A:VII.
E. Verification of Coverage. Consultant shall furnish the City with original certificates and a
copy of the amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of the Contractor
before commencement of the work. Upon request by the City, the Consultant shall furnish
certified copies of all required insurance policies, including endorsements, required in this
Agreement and evidence of all subcontractors' coverage.
F. Notice of Cancellation. The Consultant shall provide the City with written notice of any
policy cancellation, within two business days of their receipt of such notice.
G. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the
insurance as required shall constitute a material breach of contract, upon which the City
may, after giving five business days notice to the Consultant to correct the breach,
immediately terminate the contract or, at its discretion, procure or renew such insurance
and pay any and all premiums in connection therewith, with any sums so expended to be
repaid to the City on demand, or at the sole discretion of the City, offset against funds due
the Consultant from the City.
9. Independent Contractor. The Consultant and the City agree that the Consultant 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 the Consultant nor any employee of the
Consultant 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 for contributing to the state industrial
insurance program, otherwise assuming the duties of an employer with respect to the
Consultant, or any employee of the Consultant.
10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or
retained any company or person, other than a bonafide employee working solely for the
Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than a bonafide employee working solely for the Consultant, any
fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon
or resulting from the award or making of this contract. For breach or violation of this warrant,
the City shall have the right to annul this contract without liability, or in its discretion to deduct
from the contract price or consideration, or otherwise recover, the full amount of such fee,
commission, percentage, brokerage fee, gift, or contingent fee.
CA revised May 2020
Page 3
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11. Discrimination Prohibited. Contractor, with regard to the work performed by it under this
Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin,
age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation,
the presence of any disability, or any other protected class status under state or federal law,
in the selection and retention of employees or procurement of materials or supplies.
12. Assignment. The Consultant shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City.
13. Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other provision.
14. Termination.
A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days
written notice to the Consultant.
B. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this Agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this Agreement between
surviving members of the Consultant and the City, if the City so chooses.
15. A • • licable Law: Venue' Attorney's Fees. This Agreement shall be subject to, and the
Consultant shall at all times comply with, all applicable federal, state and local laws,
regulations, and rules, including the provisions of the City of Tukwila Municipal Code and
ordinances of the City of Tukwila. 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. Venue for any action arising
from or related to this Agreement shall be exclusively in King County Superior Court.
16. 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.
17. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the following address:
BHC Consultants LLC
1601 Fifth Avenue Suite #500
Seattle, Washington 98101
Invoices are to be sent to the Building Official at the following address:
Building Official
City of Tukwila
6300 Southcenter Boulevard #100
Tukwila, WA 98188
CA revised May 2020
56
Page 4
18. Entire Agreement: Modification. This Agreement, together with attachments or addenda,
represents the entire and integrated Agreement between the City and the Consultant 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.
DATED this day of , 20
CITY OF TUKWILA CONSULTANT
Allan Ekberg, Mayor
By: k 52
1 ►
Printed Name: `tear%c...kC• R. Dr,ri\
Title: FrE6\c::‘ ert
Attest/Authenticated: Approved as to Form:
City Clerk, Christy O'Flaherty Office of the City Attorney
CA revised May 2020
Page 5
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EXHIBIT A
SCOPE OF WORK
1. PLAN REVIEW
A. BHC Consultants will review plans submitted with building permit applications for structural
and nonstructural code compliance in accordance with the currently adopted construction
codes as adopted and amended by the State of Washington and City of Tukwila, except that
BHC will confer with the Building Official and his/her agent on any portion of the review
that specifically requires the approval of the Building Official as specified in the code(s).
B. The services to be performed by BHC will not begin until receiving authorization from the
City that identifies the specific tasks to be performed.
C. BHC will not perform plan mark ups, make any complex structural changes on the plans, or
make any changes that directly contradict other information on the plans. Significant changes
must be made by or under the direction of the applicant's design professional. All notes and
details must be on the approved permit set of plans.
D. If corrections or additions are required, BHC will write a review letter addressed to the City
and/or applicant. The City will then send BHC's review letter, along with any additional City
requirements, to the applicant. The correction letter will indicate to the applicant that they are
required to submit the revisions/additions to the City per the submittal requirements for the
permit type under review.
F. Upon completion of the plan review, BHC will indicate that the drawings have been reviewed
and found to be in substantial compliance with applicable construction codes and ordinances.
BHC's name, and date of compliance will be affixed to each sheet up to two sets of drawings
or as otherwise requested by the City. The plan reviewer's signature will also be affixed to the
cover sheet.
G. Complete reviews will include structural, nonstructural, accessibility, energy, and ventilation
requirements. Partial reviews will be indicated as either structural or nonstructural or as
mutually agreed upon.
2. PROCESS
A The City reserves the right to determine the process and method of Work by the Consultant.
At its sole option, the City will determine if it wishes to contract with the Consultant on a
time and materials basis or a percentage basis.
B. The City will determine which plans are to be reviewed by BHC.
C. The City will intake, track and process the permit applications and all revisions per current
building and permit administration procedures.
D. BHC will be responsible for the expedited transportation of permit review documents to the
City. The City will be responsible for the expedited transportation of permit review
documents to BHC.
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E. BHC will complete the initial review and will have either approved the application and
notified the City of approval or contacted the applicant and/or the City with corrections
within the time frames listed below:
Typical Review Times
Project Type
Initial Review
Re -Review
Single -Family
10 days (2 weeks)
5 days (1 week)
Multi -Family
15 days (3 weeks)
10 days (2 weeks)
Commercial
20 days (4 weeks)
15 days (3 weeks)
Turn -around time for large, complex and non -typical types of permit applications is to be
negotiated and agreed upon in writing by both parties.
F. BHC will review any revisions or additional information and will either indicate compliance
with the code(s) against which it was checked and notify the City of compliance, or if the
drawings are still not complete, contact the applicant and/or the City with additional revision
requests within the time frames specified above.
G. The typical review times as noted above may be negotiated based on the number and/or
complexity of projects the City wishes to send to BHC at one time or within a short window
of time. BHC shall request revisions to estimated target date after consultation with the City.
H. Plan reviews will be performed in accordance with currently adopted Washington State
codes, and amendments, as identified in the Tukwila Municipal Code.
4. BUILDING INSPECTIONS
A. Consultant will provide a certified building inspector to perform the following services; and
B. Upon authorization by the City, inspector will perform building inspection work for the City.
C. At the request by the City, the inspector shall be asked to perform one or more of the following
inspection tasks:
1. non-structural fire and life safety inspections
2. structural inspections
3. energy code inspections
4. barrier free inspections
5. mechanical and plumbing inspections
6. electrical inspections
D. Inspector will provide building inspections in accordance with the currently adopted
International Codes, Washington State Building Code (WAC 51-50 and 51-51), and energy
code (WAC 51-11), and the applicable City Building Codes, except that inspector will confer
with the Building Official or his/her agent on any portion of the review that specifically
requires an approval of the Building Official under the applicable Code(s), or that involves an
unusual interpretation.
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E. Inspections will be done in accordance with codes, ordinances and regulations in effect and
will be performed in a courteous and professional manner Up-to-date records of inspection
status will be maintained on the job card in the field and on the office copy of the permit.
The City shall guarantee a minimum of four (4) hours inspection work each day inspection
services are provided.
EXHIBIT B — COMPENSATION
1. LUMP SUM. The City shall pay BHC a lump -sum fee for performing an initial review and one
recheck for each project. The fee shall be based on a percentage of the plan review fee as tabulated
below or as mutually agreed upon between the City and BHC. The plan review fee shall be based on
the fees charged by resolution for the City.
Commercial and Multi -Family
Percentage of Plan Review Fee
Projects
Valuation < $2,000,000
Valuation $2,000,000
To $5,000,000
Complete Plan Review
75%
70%
Partial Plan Review (structural
only or nonstructural only)
60%
50%
Valuation $5,000,001 to
$10,000,000
Valuation $10,000,001
and up
Complete Plan Review
60%
50%
Partial Plan Review
(structural only or nonstructural
only)
40%
35%
Single Family Projects
Complete Plan Review
75% of Plan Review Fee
Partial Plan Review (structural
only or nonstructural only)
50% of Plan Review Fee
1.1 All other review services and reviews in excess of two (the initial review plus one re -check) shall be
paid on a time -and -expense basis using an hourly rate identified in Schedule B.
1.2 Each billing statement will include the permit number, BHC task review number and owner or
project name of the plans reviewed with the fee.
1.3 Billing statements will be issued for reviews that receive a complete initial review in the preceding
month or other acceptable time period. All remaining fees for any project previously billed will be
invoiced for total balance due after final review has been completed and plans returned to the City.
Fees for large projects maybe invoiced over a several month period when agreeable to both the City
and BHC.
1.4 On-call and other services will be provided as desired by the City and agreed upon by BHC on a
time -and -expense basis using an hourly rate identified in Exhibit B.
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2. HOURLY LABOR RATES SCHEDULES
Classification Hourly Rates
Building Inspector (Combination) $91
Electrical Inspector $95
Plan Checker I (hourly charges) $160
Plan Reviewer II - Structural $195
Civil/site plan review (P.E.) $160
Principal Consultant (Building Official) $150
Administration assistance/Clerical $75
Overtime Services: 150% of Above Rates Shown
(No overtime will be charged without prior written authorization by the City.)
These rates are effective throughout the term of this contract.
On-call and other services will be provided as desired by the City and agreed upon by BHC in
writing by both parties on a time -and -expense basis using an hourly rate identified in Schedule B.
REIMBURSABLE EXPENSES
Travel will be reimbursed for time and mileage at the current IRS mileage reimbursement rate
For all "on call" inspection and added services, mileage may be billed "portal to portal"at current IRS rate.
No further reimbursable expenses are included in this contract.
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62
City of Tukwila
City Council Planning & Community Development Committee
Meeting Minutes
November 7, 2022 - 5:30 p.m. - Hybrid Meeting; Hazelnut Conference Room & MS Teams
Councilmembers Present: Cynthia Delostrinos Johnson, Chair; De'Sean Quinn, Kathy Hougardy
Staff Present: Nora Gierloff, Jerry Hight, Rachel Bianchi
Chair Delostrinos Johnson called the meeting to order at 5:30 p.m.
BUSINESS AGENDA
A. Contract: Plan Review and Inspection Services
Staff is seeking Council approval of a contract with BHC Consultants, Inc. in an amount not to
*exceed $150,000 for renewal of plan review and inspection services through 2024.
Committee Recommendation
Unanimous approval. Forward to November 21, 2022 Regular Consent Agenda.
B. Contract: Structural Plan Review Services
Staff is seeking Council approval of a contract with Reid Middleton, Inc. in an amount not to
exceed $150,000 for renewal of structural plan review services through 2024.
Committee Recommendation
Unanimous approval. Forward to November 21, 2022 Regular Consent Agenda.
Item(s) for follow-up:
Chair Delostrinos Johnson will report out to the Council on the purpose of these contracts,
which is to provide structural review expertise not currently on staff as well as to provide a
level of consistency to customers as staffing and workloads shift.
II. MISCELLANEOUS
The meeting adjourned at 5:42 p.m.
CDJ Committee Chair Approval
63
64
COUNCIL AGENDA SYNOPSIS
A.41,----- Initials
ITEM No.
44,
Meeting Date
Prepared by
Mayor's review
Council review
Q l
o
11/21/22
]H
4.H.
2906
ITEM INFORMATION
STAFF SPONSOR: JERRY E HIGHT
ORIGINAL AGENDA DATE: 11/21/22
AGENDA ITEM TITLE Contract for Reid Middleton Inc. structural plan review services
CATEGORY ❑ Discussion
Mfg Date
A Motion
Mtg Date 11/21
❑ Resolution
Mtg Date
❑ Ordinance
Mtg Date
❑ Bid Award
Mfg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs
11
DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PW
SPONSOR'S Council is being asked to approve a contract to continue current structural plan review
SUMMARY services with Reid Middleton Inc. with a not to exceed amount of $150,000.00 through the
2023-2024 budget. A new contract is needed because the current contract with Reid
Middleton Inc. expires on 12/31/2022.
REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance 1 Planning & Community Dev.
❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 11/7/2022 COMMITTEE CHAIR: DELOSTRINOS JOHNSON
RECOMMENDATIONS:
SPoNsoR/ADMIN. Department of Community Development
COMMITTEE Unanimous Approval; Forward to Regular Meeting Consent Agenda
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$ $
Fund Source: 2023/2024 BUDGET PROFESSIONAL SERVICES
Comments: Pass-through
MTG. DATE
RECORD OF COUNCIL ACTION
11/21/22
MTG. DATE
ATTACHMENTS
11/21/22
Informational Memorandum dated 11/7/22
Contract for Reid Middleton for structural plan review services
Minutes from the Planning & Community Development meeting of 11/7/22
65
66
City of Tukwila Allan Ekberg, I
Nora Gierloff, Director
INFORMATIONAL MEMORANDUM
TO: Planning & Community Development Committee
FROM: Jack Pace, Director of the Department of Community Development
BY: Jerry E Hight, Building Official
CC: Mayor Ekberg
DATE: November 7, 2022
SUBJECT: Contract with Reid Middleton Inc. for structural plan review services
ISSUE
Should council approve a contract to continue current plan review and inspection services with Reid
Middleton Inc. with a not to exceed amount of $150,000.00 through the 2023/2024 budget. A new contract
is needed because the current contract with Reid Middleton Inc. expires on 12/31/2022.
BACKGROUND
Due to the ongoing permit activity and larger projects such as Vietnamese Martyrs Church [$6 mil
(valuation), 64,118 sq ft remodel and addition] Blue Pearl Tukwila Pet Hospital [$5 mil (valuation), 16,348
sq ft Interior Build -out / Interior Addition], CenterPoint Warehouse [$39 mil (valuation), 414,528 sq ft tilt -up
shell building], with ongoing permits from Boeing and Westfield Mall, it will be necessary to continue to
have this outside review and inspection service.
DISCUSSION
Due to the current vacancies, staff is unable to dedicate the time required to review and inspect certain
large projects. The Building Division has previously contracted our plan review and inspection services
successfully with Reid Middleton Inc.
FINANCIAL IMPACT
$150,000.00 for professional service until the end of the 2023/2024 budget. With the ongoing permit
activity and larger projects for permits the amount of fees collected will cover the outside plan review and
inspections cost. The 2023/2024 budget will reflect the consultant's ongoing review cost as well as the
ongoing permit revenue.
RECOMMENDATION
Staff recommends the contract for Reid Middleton Inc. plan review and inspections services be placed on
the November 21, 2022, Regular Council, Consent Agenda for approval.
ATTACHMENTS
Contract for Reid Middleton Inc. plan review and inspections services.
Exhibit A Scope and Schedule of Services
Exhibit B Schedule of Charges
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68
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contract Number:
PROFESSIONAL SERVICES AGREEMENT
(Includes consultants, architects, engineers, accountants, and other professional services)
THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter
referred to as "the City", and Reid Middleton Inc., hereinafter referred to as "the Consultant", in
consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. Project Designation. The Consultant is retained by the city to perform structural plan
review and inspections services for compliance with Washington State and Tukwila adopted
codes.
2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A"
attached hereto, including the provision of all labor, materials, equipment and supplies.
3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and
effect for a period commencing upon 1/2/2023 and ending on 12/31/2024, unless sooner
terminated under the provisions hereinafter specified. Work under this Agreement shall
commence upon written notice by the City to the Consultant to proceed. The Consultant shall
perform all services and provide all work product required pursuant to this Agreement no later
than 12/31/2024 unless an extension of such time is granted in writing by the City.
4. Payment. The Consultant shall be paid by the City for completed work and for services
rendered under this Agreement as follows:
A. Payment for the work provided by the Consultant shall be made as provided on Exhibit
"B" attached hereto, provided that the total amount of payment to the Consultant shall not
exceed $150,000.00 without express written modification of the Agreement signed by the
City.
B. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for that portion of the project completed to date. Such
vouchers will be checked by the City and, upon approval thereof, payment shall be made
to the Consultant in the amount approved.
C. Final payment of any balance due the Consultant of the total contract price earned will be
made promptly upon its ascertainment and verification by the City after the completion of
the work under this Agreement and its acceptance by the City.
D. Payment as provided in this section shall be full compensation for work performed,
services rendered, and for all materials, supplies, equipment and incidentals necessary to
complete the work.
E. The Consultant's records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City and the state of Washington for a
period of three (3) years after final payments. Copies shall be made available upon
request.
69
5. Ownership and Use of Documents. All documents, drawings, specifications and other
materials produced by the Consultant in connection with the services rendered under this
Agreement shall be the property of the City whether the project for which they are made is
executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
the Consultant's endeavors. The Consultant shall not be responsible for any use of the said
documents, drawings, specifications or other materials by the City on any project other than
the project specified in this Agreement.
6. Compliance with Laws. The Consultant shall, in performing the services contemplated by
this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances
and regulations, applicable to the services rendered under this Agreement.
7 Indemnification. The Consultant shall defend, indemnify and hold the City, its officers,
officials, employees and volunteers harmless from any and all claims, injuries, damages,
losses or suits including attorney fees, arising out of or resulting from the acts, errors or
omissions of the Consultant in performance of this Agreement, except for injuries and damages
caused by the sole negligence of the City.
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 Consultant
and the City, its officers, officials, employees, and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence. It is further specifically
and expressly understood that the indemnification provided herein constitutes the Consultant's
waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this
indemnification. This waiver has been mutually negotiated by the parties. The provisions of
this section shall survive the expiration or termination of this Agreement.
8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from
or in connection with the performance of the work hereunder by the Consultant, its agents,
representatives, or employees. Consultant's maintenance of insurance as required by the
agreement shall not be construed to limit the liability of the Consultant to the coverage provided
by such insurance, or otherwise limit the City's recourse to any remedy available at law or in
equity.
A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the
types and with the limits described below:
1. Automobile Liability insurance with a minimum combined single limit for bodily injury
and property damage of $1,000,000 per accident. Automobile Liability insurance
shall cover all owned, non -owned, hired and leased vehicles. Coverage shall be
written on Insurance Services Office (ISO) form CA 00 01 or a substitute form
providing equivalent liability coverage. If necessary, the policy shall be endorsed to
provide contractual liability coverage.
2. Commercial General Liability insurance with limits no less than $2,000,000 each
occurrence, $2,000,000 general aggregate. Commercial General Liability
insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall
cover liability arising from premises, operations, stop -gap independent contractors
and personal injury and advertising injury. The City shall be named as an
additional insured under the Consultant's Commercial General Liability insurance
policy with respect to the work performed for the City using an additional insured
endorsement at least as broad as ISO endorsement form CG 20 26.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
CA revised May 2020
70
Page 2
4. Professional Liability with limits no less than $2,000,000 per claim and $2,000,000
policy aggregate limit. Professional Liability insurance shall be appropriate to the
Consultant's profession.
B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher
insurance limits than the minimums shown above, the Public Entity shall be insured for the
full available limits of Commercial General and Excess or Umbrella liability maintained by
the Contractor, irrespective of whether such limits maintained by the Contractor are greater
than those required by this Contract or whether any certificate of insurance furnished to
the Public Entity evidences limits of liability lower than those maintained by the Contractor.
C. Other Insurance Provision. The Consultant's Automobile Liability and Commercial
General Liability insurance policies are to contain, or be endorsed to contain that they shall
be primary insurance with respect to the City. Any Insurance, self-insurance, or insurance
pool coverage maintained by the City shall be excess of the Consultant's insurance and
shall not be contributed or combined with it.
D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.
Best rating of not less than A:VII.
E. Verification of Coverage. Consultant shall furnish the City with original certificates and a
copy of the amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of the Contractor
before commencement of the work. Upon request by the City, the Consultant shall furnish
certified copies of all required insurance policies, including endorsements, required in this
Agreement and evidence of all subcontractors' coverage.
F. Notice of Cancellation. The Consultant shall provide the City with written notice of any
policy cancellation, within two business days of their receipt of such notice.
G. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the
insurance as required shall constitute a material breach of contract, upon which the City
may, after giving five business days' notice to the Consultant to correct the breach,
immediately terminate the contract or, at its discretion, procure or renew such insurance
and pay any and all premiums in connection therewith, with any sums so expended to be
repaid to the City on demand, or at the sole discretion of the City, offset against funds due
the Consultant from the City.
9. Independent Contractor. The Consultant and the City agree that the Consultant 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 the Consultant nor any employee of the
Consultant 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 for contributing to the state industrial
insurance program, otherwise assuming the duties of an employer with respect to the
Consultant, or any employee of the Consultant.
10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or
retained any company or person, other than a bonafide employee working solely for the
Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than a bonafide employee working solely for the Consultant, any
fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon
or resulting from the award or making of this contract. For breach or violation of this warrant,
the City shall have the right to annul this contract without liability, or in its discretion to deduct
from the contract price or consideration, or otherwise recover, the full amount of such fee,
commission, percentage, brokerage fee, gift, or contingent fee.
CA revised May 2020
Page 3
71
11. Discrimination Prohibited. Contractor, with regard to the work performed by it under this
Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin,
age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation,
the presence of any disability, or any other protected class status under state or federal law,
in the selection and retention of employees or procurement of materials or supplies.
12. Assignment. The Consultant shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City.
13. Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other provision.
14. Termination.
A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days
written notice to the Consultant.
B. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this Agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this Agreement between
surviving members of the Consultant and the City, if the City so chooses.
15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the
Consultant shall at all times comply with, all applicable federal, state and local laws,
regulations, and rules, including the provisions of the City of Tukwila Municipal Code and
ordinances of the City of Tukwila. 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. Venue for any action arising
from or related to this Agreement shall be exclusively in King County Superior Court.
16. 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.
17. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the following address:
Reid Middleton, Inc.
728 134th Street SW, Ste. #200
Everett, WA 98204
Invoices are to be sent to the Building Official at the following address:
Building Official
City of Tukwila
6300 Southcenter Boulevard #100
Tukwila, WA 98188
CA revised May 2020
72
Page 4
18. Entire Agreement; Modification. This Agreement, together with attachments or addenda,
represents the entire and integrated Agreement between the City and the Consultant 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.
DATED this day of , 20
CITY OF TUKWILA CONSULTANT
By C).J A<,
Allan Ekberg, Mayor
Printed Name: Paul Crocker
Title: Principal
Attest/Authenticated: Approved as to Form:
City Clerk, Christy O'Flaherty Office of the City Attorney
CA revised May 2020
Page 5
73
EXHIBIT "A"
CITY OF TUKWILA 2023-2024
Scope and Schedule of Services
The objective of this Agreement is to provide structural code compliance plan review by
Reid Middleton (Consultant) for proposed new and remodeled buildings within the City of
Tukwila (the City) as specifically requested in writing by the Building Official or his
designee. The consultant shall perform services and provide necessary equipment,
materials and professionally trained, licensed, and experienced personnel to accomplish the
plan review.
On behalf of the Department of Community Development, Building Division, the
consultant will perform structural plan review to establish compliance with the structural
provisions of the International Building Code as amended by the State and as adopted by
the City of Tukwila.
During the plan review process, the Consultant may contact the permit applicant directly to
request submission of additional information to the city. The Consultant will keep a
written record of this communication in the project file.
Upon completion of each plan review, the Consultant will furnish a summary plan review
letter directly to the Building Official and a copy to the permit applicant outlining
discrepancies in the plans, reports, and/or calculations (as applicable).
The Consultant will perform follow-up plan reviews as required to confirm that plans have
been corrected adequately to address comments in the original plan review. In these
instances, the Consultant will furnish additional letters directly to the Building Official and
a copy to the permit applicant summarizing the results of the review. When the Consultant
is satisfied that the proposed structural work is in compliance with the structural provisions
of the Building Code, the Consultant will issue a final letter stating that there are no further
comments.
The plan review services for each permit applicant will be treated as an individual project.
The Consultant will track associated labor and material costs according to each project and
invoice the City accordingly. The Consultant will invoice the City prior to the 10th of each
month.
The city may need other structural engineering services throughout the term of the on-call
agreement. For these instances, the Consultant will perform structural engineering services
as mutually agreed to by both parties. The scope of work, fee, and schedule for the
additional structural engineering services will be defined and negotiated at the time the
additional work is requested.
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The City, in entering into this agreement, does not guarantee that any services will be
requested not guarantee any specific dollar amount of work during the term of this
Agreement.
The City shall respond to the consultant's telephone or E-mail inquiries concerning
interpretation of City Standards within three (3) working days.
The Consultant shall complete the specified work generally within (15) calendar days of
written notification by the City. (Large and/or complex projects may take longer to review,
but re concurrence by City of time extension.)
The Consultant shall perform work described in this Agreement in accordance with the
latest edition and amendments to the Washington State Building Code as adopted and
amended by the City of Tukwila.
The city shall administer issuance of building permits and certificates of occupancy. The
Consultant will assume no responsibility for proper on-site construction techniques, job site
safety, or any construction contractor's failure to perform its work in accordance with
approved plans, contract documents, and permit conditions.
Corrections or comments made during the review process do not relieve the project
proponent or designer from compliance with requirements of codes, conditions of approval,
or permit requirements. Nor is the designer relieved of responsibility for a complete design
in accordance with the laws of the State of Washington.
75
Reid Middleton, Inc.
Exhibit "B" Schedule of Charges
Effective January 1, 2023 through December 31, 2024
I. Personnel Hourly Rate
Principal $ 240.00 - $ 275.00
Associate Principal/Principal Engineer/Principal Planner/Principal Surveyor $ 215.00 - $ 255.00
Associate $ 200.00 - $ 215.00
Senior Engineer/Senior Planner/Senior Surveyor $ 185.00 - $ 200.00
Project Engineer/Project Designer/Project Surveyyor/Project Planner $ 165.00 - $ 185.00
Design Engineer/Designer II/Design Technician/ Survey Crew Chief/
Technical Writer II/ Graphic Designer II $ 145.00 - $ 165.00
Designer I/Planner/CAD Technician II $ 130.00 - $ 145.00
Project Administrator $ 125.00 - $ 130.00
CAD Technician I/Survey Technician/Technician/Technical Writer I $ 100.00 - $ 125.00
Survey Crew
Survey Crew
Survey Crew
1 Person/RTK/Robotic/Scanning $ 150.00
2 Person/RTK/Robotic/Scanning $ 205.00
3 Person/ RTK/Robotic/Scanning) $ 257.00
Expert Witness/Forensic Engineering 1.5 times usual hourly rate (4 hour minimum)
Individuals not in the regular employ of Reid Middleton may occasionally be engaged to meet specific
project requirements. Charges for such personnel will be comparable to charges for regular Reid
Middleton personnel.
A premium may be charged if project requirements make overtime work necessary.
II. Equipment Rate
Design Software/Computer Aided Drafting $ 12.00/hour
III. Reimbursable Expenses
Local Mileage - Automobile $ 0.625/mile
Local Mileage - Survey Truck $ 0.625/mile
Expenses that are directly attributable to the project are invoiced at cost plus 15%. These expenses
include, but are not limited to, subconsultant or subcontractor services, travel and subsistence,
communications, couriers, postage, fees and permits, document reproduction, special instrumentation and
field equipment rental, premiums for additional insurance where required, special supplies, and other costs
directly applicable to the project.
A new schedule of charges is issued and becomes effective July 1 each year. Charges for all work,
including continuing projects initiated in prior years, will be based on the latest schedule of charges.
IV. Client Advances
Unless the parties agree otherwise in writing, charges for the following items shall be paid by the client
directly, shall not be the responsibility of Reid Middleton, and shall be in addition to any fee stipulated in
the agreement: government fees, including permit and review fees; soils testing fees and costs; charges for
aerial photography; and charges for monuments. If Reid Middleton determines, in its discretion, to
advance any of these costs in the interest of the project, the amount of the advance, plus a fifteen percent
administrative fee, shall be paid by the client upon presentation of an invoice therefore.
H:\FORMS\EXHIBITS\2022-A.doc (sla 06/07/22)
76
Reid iddleton
City of Tukwila
City Council Planning & Community Development Committee
Meeting Minutes
November 7, 2022 - 5:30 p.m. - Hybrid Meeting; Hazelnut Conference Room & MS Teams
Councilmembers Present: Cynthia Delostrinos Johnson, Chair; De'Sean Quinn, Kathy Hougardy
Staff Present: Nora Gierloff, Jerry Hight, Rachel Bianchi
Chair Delostrinos Johnson called the meeting to order at 5:30 p.m.
BUSINESS AGENDA
A. Contract: Plan Review and Inspection Services
Staff is seeking Council approval of a contract with BHC Consultants, Inc. in an amount not to
exceed $150,000 for renewal of plan review and inspection services through 2024.
Committee Recommendation
Unanimous approval. Forward to November 21, 2022 Regular Consent Agenda.
B. Contract: Structural Plan Review Services
Staff is seeking Council approval of a contract with Reid Middleton, Inc. in an amount not to
exceed $150,000 for renewal of structural plan review services through 2024.
Committee Recommendation
Unanimous approval. Forward to November 21, 2022 Regular Consent Agenda.
Item(s) for follow-up:
Chair Delostrinos Johnson will report out to the Council on the purpose of these contracts,
which is to provide structural review expertise not currently on staff as well as to provide a
level of consistency to customers as staffing and workloads shift.
II. MISCELLANEOUS
The meeting adjourned at 5:42 p.m.
CDJ Committee Chair Approval
77
78
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor's review
Council review
11/14/22
JR
11/14/22
11/21/22
JR
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Meg Date
CATEGORY 11 Discussion
11 Ordinance
Mtg Date
Mtg Date 11/21/22
SPONSOR ❑Council Mayor HR ❑DCD ❑Finance Fire TS P&R ❑Police 11 PLV ❑Court
SPONSOR'S The City requires a right-of-way permit for all activities that disrupt traffic, restrict access,
SUMMARY or modify any infrastructure within the right-of-way or for private use of the public right-
of-way. The current TMC Chapter needs to be updated to facilitate a successful permit
experience and provide a clear & comprehensive set of permit requirements. Consolidating
the number of permit types will reduce complexity and ensure all fees are captured. Council
is being asked to approve the Ordinance amending TMC Chapter 11.08.
REVIEWED BY
ITEM INFORMATION
ITEM No.
4.1.
79
STAFF SPONSOR: SEONG KIM
ORIGINAL AGENDA DATE: 11/14/ 22
AGENDA ITEM TITLE
Tukwila Municipal Code 11.08
Ordinance Amendment
11/14/22
❑ Motion
Mtg Date
❑ Resolution
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Meg Date
CATEGORY 11 Discussion
11 Ordinance
Mtg Date
Mtg Date 11/21/22
SPONSOR ❑Council Mayor HR ❑DCD ❑Finance Fire TS P&R ❑Police 11 PLV ❑Court
SPONSOR'S The City requires a right-of-way permit for all activities that disrupt traffic, restrict access,
SUMMARY or modify any infrastructure within the right-of-way or for private use of the public right-
of-way. The current TMC Chapter needs to be updated to facilitate a successful permit
experience and provide a clear & comprehensive set of permit requirements. Consolidating
the number of permit types will reduce complexity and ensure all fees are captured. Council
is being asked to approve the Ordinance amending TMC Chapter 11.08.
REVIEWED BY
11 Trans&Infrastructure
❑ CommunitySvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dev.
❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
COMMITTEE CHAIR: KATE KRULLER
❑ LTAC
DATE: 11/07/22
RECOMMENDATIONS:
SPONSOR/ADMIN.
COMMITTEE
Public Works Department
Forward to Committee of the Whole and Regular Consent Agenda
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00 $0.00
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
11/14/22
Forward to Next Regular Meeting Consent Agenda
11/21/22
MTG. DATE
ATTACHMENTS
11/14/22
Informational Memorandum dated 11/04/2022
Draft Ordinance TMC 11.08 Revisions
Minutes from Transportation and Infrastructure Committee meeting of 11/07/2022
(distributed separately)
11/21/22
Final Ordinance
79
80
tv of Tukwia
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON; REPEALING ORDINANCE NO.
2253 AND AMENDING ORDINANCE NO. 1995 §1 (PART), AS
CODIFIED AT TUKWILA MUNICIPAL CODE (TMC)
CHAPTER 11.08, "PERMITS," TO RETITLETMC CHAPTER
11.08 AS "RIGHT-OF-WAY USE PERMITS," AND
ESTABLISH NEW REGULATIONS RELATED TO
ACTIVITIES WITHIN THE RIGHT-OF-WAY, PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, the City is engaged in an ongoing effort to streamline code processes
and improve permitting procedures; and
WHEREAS, the City desires to provide clarification on regulations related to Right-
of-Way
ightof-Way Use Permits and Annual Activities Blanket Permits; and
WHEREAS, the proposed revisions to Tu kwila Municipal Code (TMC) Chapter 11.08
will align the TMC with current engineering industry standards and practices;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Repealer. Ordinance No 2253 as codified in Tukwila Municipal Code
(TMC) Chapter 11.08, is hereby repealed in its entirety.
Section 2. Chapter Title. Ordinance No. 1995 §1 (part), as codified at TMC Chapter
11.08, is hereby amended to read as follows:
CHAPTER 11.08
RIGHT-OF-WAY USE PERMITS
Sections:
11.08.010 Purpose
11.08.020 Definitions
11.08.030 Administration and Enforcement
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11.08.040 Permit Required
11.08.050 Right -of -Way Use Permits
11.08.060 Application Contents
11.08.070 Preconstruction Meeting Required
11.08.080 Permit Approval and Conditions
11.08.090 No Permit Transfer or Assignment
11.08.100 Emergency Work
11.08.110 Permit Fees and Charges
11.08.120 Permit Exception
11.08.130 Revocation or Suspension of Permits
11.08.140 Renewal of Permits
11.08.150 Insurance
11.08.160 Deposits, Fees and Bonds
11.08.170 Hold Harmless
11.08.180 Compliance with Specifications, Standards, and Traffic -Control
Regulations
11.08.190 Inspections
11.08.200 Violations and Unsafe Conditions
11.08.210 Warning and Safety Devices
11.08.220 Clearance for Fire Equipment
11.08.230 Protection of Adjoining Property — Access
11.08.240 Preservation of Monuments
11.08.250 Protection from Pollution
11.08.260 Impact of Work on Existing Improvements
11.08.270 Restoration of the Right -of -Way
11.08.280 Recently Improved Streets
11.08.290 Coordination of Construction and Notification
11.08.300 Relocation
11.08.310 Abandonment and Removal of Facilities
11.08.320 Record Drawings
11.08.330 Joint Excavation
11.08.340 Additional Ducts or Conduits
11.08.350 Undergrounding
11.08.360 Hazardous Substances
11.08.370 Utility Locates
11.08.380 Moving of Building(s) and/or Equipment
11.08.390 Tree Trimming
Section 3. Regulations Established. TMC Section 11.08.010 is hereby established
to read as follows:
11.08.010 Purpose
A. The purpose of this chapter is to establish minimum rules and regulations to
govern activities within the right-of-way in the City of Tukwila; and to provide for the fees,
charges, warranties, and procedures required to administer the permit process. To the
extent the provision of any currentfranchise or other written agreement conflicts with any
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provision of this chapter, the applicable provision of the franchise or other written
agreement shall prevail.
B. This code is enacted to protect and preserve the public health, safety, and
welfare. Its provisions shall be liberally construed for the accomplishment of these
purposes.
C. It is expressly the purpose of this code and any procedures adopted hereunder
to provide for and promote the health, safety, and welfare of the general public, and not
to create or otherwise establish or designate any particular class or group of persons who
will or should be especially protected or benefited by the terms of this code or any
procedures adopted hereunder.
Section 4. Regulations Established. TMC Section 11.08.020 is hereby established
to read as follows:
11.08.020 Definitions
A. "Applicant" means a person who has submitted a complete application
pursuant to the terms and conditions of this Chapter.
B. "Blanket Activities" means work that does not include cutting, removing, or
disturbing the pavement surface including:
1. Simple service disconnects for customers;
2. Repair or replacement of standard crossarms, insulators, and/or other
existing equipment on poles or bundles;
3. Replacement of blown fuses or limiters on cutouts;
4. Replacement of existing faulted, broken, or damages overhead service
drops;
5. Repairs or splices to existing overhead primary and secondary wires;
6. Replacement of damaged poles with similar dimensioned stock;
7. Operation of existing overhead primary switches, i.e. the open and closing
of overhead primary switches as necessary;
8. Disconnection of existing services due to non-payment;
9. Changing wire type;
10. Installation of secondary conductors;
11. Accessing existing vaults;
12. Maintaining hydrants/vaults;
13. Raising or adjusting valves;
14. Vegetation management;
15. Replacing above -ground meters;
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16. Installing water sampling stations;
17. Flushing activities, and lining pipes.
C. "City" means the City of Tukwila.
D. "Department" means the City of Tukwila's Public Works Department
E. "Director" means the City of Tukwila Public Works Director or designee.
F. "Emergency" shall mean any unforeseen circumstance or occurrence, the
existence of which constitutes an immediate danger to persons or property, or which
causes interruption of utility or public services.
G. "Facility" or"Facilities" means any plant, equipmentand/or property, including
but not limited to, overhead and underground water, gas, electric, and telecommunication
facilities and appurtenances such as cables, wires, conduits, transformers, conduit,
substation, pad -mounted J boxes, switch cabinets, ducts, pedestals, antennas,
electronics, vaults, poles, meter boxes, sewers, pipes, drains, and tunnels.
H. "Franchise Holder" means a person that was issued a franchise agreement by
the City and which franchise is not expired.
I. "Permittee" means a person that has applied for and received a permit pursuant
to TMC Chapter 11.08.
J. "Person" means any individual, association, partnership, corporation or legal
entity, publicor private, and includes the agents, contractors, and assigns of such person,
including registered agents thereof.
K. "Preconstruction Meeting" means a meeting between the designated City staff
and the applicant's contractor or designee prior to beginning any con struction activity on
the site or within the right-of-way to discuss project approval conditions and preliminary
requirements.
L. "Public Improvement" means any capital improvement, maintenance, or repair
that is undertaken by or on behalf of the City within the franchise area and is funded by
the City (either directly or indirectly), including any capital improvement within the City's
adopted Transportation Improvement Plan or Capital Improvement Program.
M. "Right -of -Way" or "Rights -of -Way" means all public streets and property
granted or reserved for, or dedicated to, public use for street purposes, together with
public property granted or reserved for, or dedicated to, public use for walkways,
sidewalks, bikeways and horse trails, whether improved or unimproved, including the air
rights, sub -surface rights and easements related thereto.
N. "Right -of -Way Use Permit" means any permit issued pursuantto TMC Chapter
11.08.
0. "Right -of -Way User" means any person with any facility in the Right -of -Way.
Section 5. Regulations Established. TMC Section 11.08.030 is hereby established
to read as follows:
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11.08.030 Administration and Enforcement
A. The Director, under the authority of the City Administrator, shall have the
following administrative and enforcement powers:
1. Prepare and adopt procedures as needed to implementthis chapter and to
carry out the responsibilities of the Department. Such procedures do not require approval
of the City Council to be initially implemented; however, the Council may take Council
action directing that procedures, guidelines, fees, or other aspects of the permitting
system be amended or modified to the satisfaction of the Council.
2. Administer and coordinate the enforcement of this chapter and all
procedures adopted under this chapter relating to the use of rights-of-way.
3. Carry out such other responsibilities as required by this chapter or other
codes, ordinances, resolutions, or procedures of the City.
4. Request the assistance of other City departments to administerand enforce
this chapter, as necessary.
5. Render interpretations of this chapter or assign the responsibility for
interpretation and application of specified procedures to such designees as may be
deemed appropriate.
Section 6. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.010,
"Permit Requirements," is hereby amended to recodify this section as TMC Section
11.08.040, which shall read as follows:
11.08.040 Permit Required
A. It is unlawful for any person, except the Department or its agent, to perform work
of any kind in the right-of-way, or to make private use of any right-of-waywithoutobtaining
a right-of-way use permit pursuant to this chapter.
B. The decision by the City to issue a permit shall include, among other factors
determined by the City, the following:
1. The capacity of the right-of-way to accommodate the facilities or structures
proposed to be installed in the right-of-way.
2. The capacity of the right-of-way to accommodate wire, cables, conduits,
pipes or other facilities or structures of other existing users of the right-of-way, such as
electrical power, telephone, gas, surface water, sewer, and water.
3. The damage or disruption, if any, of publicor private facilities, improvements,
or landscaping previously existing in the right-of-way.
4. The public interest in minimizing the cost and disruption of construction in
the right-of-way.
C. The issuance of a permit for use of a right-of-way is subject to the use and needs
of the City and the general public, whether such needs are temporary or permanent, or
for public or private purposes (i.e., utility construction work in the right-of-way by private
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service provider), and is a grant of a temporary revocable privilege to use a portion of the
right-of-way to serve and benefitthe general public. The applicant shall have the burden
to prove that anyproposed use will enhanceandfurtherthe public interestconsistentand
not in conflict with the use of the right-of-way by the general public and the City for other
authorized uses and activities.
Section 7. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.020,
"Right -of -Way Use Permits," is hereby amended to recodify this section as TMC Section
11.08.050, which shall read as follows:
11.08.050 Right -of -Way Use Permits
A. The following classes of right-of-way use permits are hereby established:
1. Public Works Permit. These permits may be issued to applicants who do
not hold a current franchise with the City.
2. Public Works Franchise Permit. These permits may be issued to
applicants who do not hold a current franchise with the City.
3. Annual Blanket Activities Permit. These permits may be issued to
franchise holders on an annual basis to undertake blanket activities as defined by this
chapter.
Section 8. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.030,
"Application Contents," subparagraphs A and B, are hereby amended to recodify this
section as TMC Section 11.08.060, which shall read as follows:
11.08.060 Application Contents
A. To obtain a right-of-way use permit, the applicant shall submit, in the format and
manner specified by the Director, an application to the City.
B. Every application shall contain, as applicable:
1. The name, address, telephone number, and email address of the applicant
Where an applicant is not the owner of the facility to be installed, maintained or repaired
in the right-of-way, the application shall also include the name, address, telephone
number, and email address of the owner. Where the applicant is not the owner of the
facility or facilities to be installed, maintained, or repaired, the applicant must demonstrate
in a form and manner specified by the Director their authorization to act on behalf of the
owner.
2. A description of the location, including the address and GPS coordinates,
nature and extent of the work proposed.
3. A site plan showing the location of the proposed work.
4. If the applicant holds a franchise, easement, encroachment permit, license
or other legal instrument with the City that authorizes the applicant or owner to use or
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occupy the right-of-way for the purpose described in the application, the applicant shall
attach a copy of that document to the application .
5. The proposed start date and duration of the work, which shall include the
restoration of the right-of-way physically disturbed by the work.
6. Written acknowledgment that the applicant will comply with all terms and
conditions of this title, the orders, regulations, and standard plans and specifications as
promulgated by the Director; and that the applicant is not subject to any outstanding
assessments, fees or penalties that have been finally determined by the City or a court of
competent ju risdiction.
7. A current business license through the Washington State Department of
Revenue with an endorsement for the City of Tukwila.
8. Evidence of insurance as required by TMC Section 11.08.150.
9. A financial guarantee as required by TMC Section 11.08.160.
10. A traffic control plan to be approved by the Director.
11. Any other information that may be reasonably required by the Director.
12. An estimate of the value of the project. The Director may also require an
applicant to submit separate cost estimates for each item of improvement.
13. An application fee as required by TMC Section 11.08.110.
C. The Director may allow an applicantto maintain documents complying with TMC
Sections 11.08.060.B, subparagraphs 4, 8, 9 and 10 on file with the Department, rather
than requiring submission of such documents with each separate application.
Section 9. Regulations Established. TMC Section 11.08.070 is hereby established
to read as follows:
11.08.070 Preconstruction Meeting Required
A preconstruction meeting may be required at the Director's discretion.
Section 10. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.030,
"Application Contents," subparagraphs C and D, are hereby amended to recodify this
section as TMC Section 11.08.080, subparagraphs A and B, which shall read as follows:
Section 11.08.080 Permit Approval and Conditions
A. If the Director finds that the application conforms to the requirements and
procedures of this chapter and and title, that the proposed use of such right-of-way will
not unduly interfere with the rights and safety of the public, and if the application has not
been disapproved by another department with authority, the Director may approve the
permit, and may impose such conditions thereon as are reasonably necessary to protect
the pu blic health, welfare and safety, and to mitigate any impacts resulting from the use.
Such conditions may include but are not limited to:
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1. Compliance with all applicable provisions of TMC Title 11;
2. Compliance with applicable provisions of the Infrastructure Design and
Construction Standards Manual;
3. Limitations on the hour, the day and the period of the year in which the work
may be performed;
4. Requirement of a traffic control supervisor onsite during approved working
hours;
5. Installation and maintenance of temporary erosion control measures, as
applicable;
6. Pre -construction storm drainage patterns shall be met during and after
construction; and
7. Compliance with all applicable provisions of TMC Chapters 8.45 and 14.30.
B. Additionally, if at any time conditions unforeseen at the time of issuance of the
permit are discovered which could, in the opinion of the Director, cause unforeseen
damage to public or private property or a hazard to life or property or become a public
nuisance, the Director may stop any further work under the permit until the permit
conditions have been modified by the Director in such a manner as to protect from or
eliminate the potential damages, hazards or nuisances enumerated in this chapter.
Section 11. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.040,
"Permit— No Transfer or Assignment," is hereby amended to recodify this section as TMC
Section 11.08.090, which shall read as follows:
11.08.090 No Permit Transfer or Assignment
Permits issued pursuantto this chapter shall not be transferable or assignable unless
prior written consent is received from the City, and work shall not be performed under a
permit in any place other than that specified in the permit. Nothing herein contained shall
prevent a permittee from subcontracting the work to be performed under a permit
provided; however, the holder of the permit shall be and remains responsible for the
performance of the work underthe permit, and responsible for all bonding, insurance and
other requirements of this title and under said permit.
Section 12. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.050,
"Emergency Work," is hereby amended to recodify this section as TMC Section
11.08.100, which shall read as follows:
11.08.100 Emergency Work
A. In the event that an emergency necessitates work in the right-of-way for the
protection of public or private property, a person may conductthe work after the person
performing the work has notified the City's Police and Fire Departments of such work and
an application for a permit as provided in this chapter shall be made on the next
succeeding business day whether or not the emergency work has been completed.
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B. The person commencing and conducting such emergency work shall take all
necessary safety precautions for the protection of the public, the direction and control of
traffic, and shall insure that work is accomplished according to City standards,
regulations, the Manual on Uniform Traffic Control Devices, and other applicable laws,
regulations or generally recognized practices in the industry.
C. Nothing contained in this chapter shall be construed to prevent any person from
taking any action necessary for the preservation of life or property or for the restoration
of interrupted service when such necessity arises during days or times when the City is
closed.
Section 13. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.060,
"Permit Fees and Charges," is hereby amended to recodify this section as TMC Section
11.08.110, which shall read as follows:
11.08.110 Permit Fees and Charges
A. The permit and inspection fees for any permit issued pursuant to this chapter
shall be set forth in a fee schedule to be adopted by motion or resolution of the Tukwila
City Council and as amended from time to time.
B. As applicable, additional fees may be imposed as follows:
1. A fee associated with the issuance of the permit and the required inspection
of the construction (Permit Issuance and Inspection Fee), which is determined from the
value of the construction;
2. A Grading Plan Review fee.
3. A pavement mitigation fee associated with the loss of pavement life from any
proposed excavation in the right-of-way, the fee amount determined from the square
footage of excavation being performed and the age of the pavement;
4. Each revision review, shall be charged as a separate fee in accordance with
the fee schedule adopted by resolution of the City Council. These fees will be added to
the balance due and be payable prior to issuance or final of the permit.
Section 14. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.070,
"Permit Exception," is hereby amended to recodify this section as TMC Section
11.08.120, which shall read as follows:
11.08.120 Permit Exception
Permits underthis chapter shall not be required for publicuse; i.e., persons using the
right-of-way as pedestrians or while operating motor and non -motorized vehicles for
routine purposes such as travel, commuting, or personal business.
Section 15. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.080,
"Revocation of Permits," is hereby amended to recodify this section as TMC Section
11.08.130, which shall read as follows:
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11.08.130 Revocation or Suspension of Permits
A. The Director may revoke or suspend any permit issued under this chapter
whenever:
1. The activity or work does not proceed in accordance with the permit as
approved, in accordance with conditions of approval, or is not in compliance with the
requirements of this chapter or procedures, or other City ordinances, or State laws;
2. The City has been denied access to investigate and inspect how the right-
of-way is being used;
3. The permittee has misrepresented a material fact in applying for a permit (a
material fact is a fact which, had the truth been known at the time of the issuance of the
permit, the permit would not have been granted);
4. The City believes the permitted activity is, or will be, endangering the public,
adjoining property, the street, or infrastructure in the street.
B. Upon suspension orrevocation of a permit, all use of the right-of-wayshall cease,
except as authorized by the Director.
C. Continued activity following revocation or suspension u nderth is section shall be
subject to the enforcement provisions in TMC Chapter 8.45.
Section 16. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.090,
"Renewal of Permits," is hereby amended to recodify this section as TMC Section
11.08.140, which shall read as follows:
11.08.140 Renewal of Permits
Each permit shall be of a duration as specified on the permit. A permit may be
renewed at the discretion of the Director, if requested by the permit holder before
expiration of the permit; provided, however, that the use or activity is progressing in a
satisfactory manner as reasonably determined by the Director.
Section 17. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.100,
"In suran ce,"is hereby amended to recodify th is section as TMC Section 11.08.150, which
shall read as follows:
11.08.150 Insurance
A. Unless the Director determines that there is not a probability of injury, damage,
or expense to the City arising from an applicant's proposed use of the right-of-way or
public place, or the applicant holds a current franchise with the City, the applicant shall
obtain and maintain in full force and effect, throughout the term of the permit, or as long
as the permittee has facilities in the right-of-way, an insurance policy issued by an
insurance company satisfactory to the Director, insuring both the applicant and the City
against claims for injuries to persons, death or damages to property that may arise from,
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or in connection with, the exercise of the rights, privileges and authority granted to the
applicant under this chapter:
1. Commercial general liability insurance written on an occurrence basis. The
insurance policy shall be endorsed to provide a per project general aggregate and there
shall be no exclusive for liabilityarisingfrom explosion ,collapse, or underground property
damage. The policy shall have limits not less than:
a. $3,000,000 for bodily injury, property damage, products -completed
operations, stop gap liability, personal injury and advertising injury, and liability assumed
under an insured contract;
b. $6, 000,000 general aggregate, per project aggregate and products -
completed operations aggregate.
2. Business automobile liability insurance with limits not less than $2,000,000
each occurrence combined single limit for bodily injury and property damage, including
owned, non -owned, and hired auto coverage, as applicable.
3. Pollution liability insurance, on an occurrence form, with limits not less than
$1,000,000 each occurrence combined single limitfor bodily injury and property damage,
and $2,000,000 in the aggregate.
4. Worker's compensation within statutory limits and employer's liability
insurance, with limits of not less than $1,000,000.
5. Excess or umbrella liability policy shall be excess over and at least as broad
in coverage as the commercial general liability and automobile liability insurance, with
limits not less than $5,000,000 per occurrence and annual aggregate.
6. Said policy or policies shall include the City and its officers, officials
(appointed and elected), employees, and agents jointly and severally as additional
insureds, shall apply as primary insurance, shall stipu late that no insurance affected by
the City will be called on to contribute to a loss covered there under, and shall provide for
severability of interests.
7. Underwriters shall have no right of recovery or subrogation again stthe City,
it being the intent of the parties that the insurance policy so affected shall protect both
parties and be primary coverage for any and all losses covered by the described
insurance.
8. The insurance companies issuing the policy or policies shall have no
recourse againstthe City for payment of any premiums due or for any assessments under
any form of any policy
9. Any failure to comply with reporting provisions of the policy shall not affect
coverage provided to the City, its employees, officers, officials, agents, volunteers, and
assigns.
10. Each insurance policy shall be endorsed to state that the coverage shall not
be suspended, voided, cancelled, or reduced in coverage or in limits, except after 30 days'
prior written notice by certified mail, return receipt requested sent to the City.
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11. Each policy shall be endorsed to indemnify, save harmless and defend the
City and its officers, officials (appointed and elected), employees, and agents againstany
claim or loss, damage or expense sustained on account of damages to persons or
property occurring by reason of permit work done by permittee, his/her subcontractor or
agent, whether or not the work has been completed and whether or not the right-of-way
has been opened to public travel.
12. Each policy shall be endorsed to indemnify, hold harmless and defend the
City, and its officers, officials (appointed and elected), employees, and agents against
any claim or loss, damage or expense sustained by any person occurring by reason of
doing any work pursuantto the permit including, but not limited to, falling objects or failure
to maintain proper barricades and/or lights as required from the time work begins until the
work is completed and the right-of-way is opened for public use.
B. The permittee shall furnish the City with certificates of insurance and original
endorsements affecting coverage required by the permit. The certificates and
endorsements for each insurance policy are to be signed by a person authorized by that
insurer to bind coverage on its behalf. The City expressly reserves the right to require
complete, certified copies of all required insurance policies at any time. Consequently,
the permittee shall be prepared to provide such copies prior to the issuance of the permit.
C. If any of the required policies are, or at any time become, unsatisfactory to the
City as to form or substance, or if a company issuing any such policy is, or at any time
becomes, unsatisfactory to the City, the permittee shall promptly obtain a new policy,
submit the same to the City for approval, and thereafter submit verification of coverage
as required by the City. Upon failure to furnish, deliver and maintain such insurance as
provided herein, the City may declare the permit to be in default and pursue any and all
remedies the City may have at law or in equity, including those actions outlined in this
chapter.
D. The permittee shall include all subcontractors as insured under its policies or
shall furnish separate certificates and endorsements for each subcontractor. All
coverages for subcontractors shall be subject to all the requirements stated herein.
E. A property owner performing work adjacent to his/her residence may submit
proof of a homeowner's insurance policy in lieu of the insurance requirements of this
section.
Section 18. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.110,
"Deposits, Fees and Bonds," is hereby amended to recodifythis section as TMC Section
11.08.160, which shall read as follows:
11.08.160 Deposits, Fees, and Bonds
A. Before a permit pursuantto the provisions of this chapter may be issued, the
applicant may be required, un less otherwise provided in a current franchise, to execute
to the City a financial guarantee in a form as approved by the City forth e proper protection
of the City and conditioned that obligors of the financial guarantee will pay to the City the
costs and expenses incurred by the City should the person obtaining the permit fail,
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neglect or refuse to properly complete the work authorized by the permit within the time
limit specified by said permit. Such financial guarantees are as follows:
1. Performance Financial Guarantee — In a sum as shall be designated by
the Director (but not less than 150% of the estimated cost of the improvements within the
right-of-way). This financial guarantee shall be released upon acceptance of the work and
the receipt of a maintenance financial guarantee. Otherwise, it will be released under the
same time frame as outlined in TMC Section 11.08.160.A.2.
2. Right -of -Way Occupation Financial Guarantee — In a sum of not less than
$5,000. Permits allowing right-of-way obstructions, not including the take up, breaking,
excavating, tunneling, undermining, or cutting in any right-of-way in the City, may be
allowed to provide a financial guarantee pursuantto this subsection. The Director may
release the financial guarantee, without requiring a subsequent maintenance financial
guarantee per TMC Section 11.08.160.A.3, once the work has been accepted as
complete by a city inspector and the permit is finaled and closed.
3. Maintenance Financial Guarantee — In a sum as shall be designated by
the Director (but not less than $5,000 or 10% of the estimated cost of the
improvements within the right-of-way, whichever is greater). This financial guarantee
will be in force for 2 years after the City accepts the work if no repair work is identified
within that 2 -year period. If the City identifies any repairwork, the financial guarantee will
extend to either 1 year after the repair is accepted by the City or the end of the original 2 -
year time period, whichever is longer. At the Director's discretion, this maintenance
financial guarantee may be waived if the Director documents in writing a decision that a
financial guarantee is not necessary to protect the interests of the City.
4. The amount of the financial guarantees required above may be increased or
decreased at the discretion of the Director whenever it appears that the amount and cost
of the work to be performed may vary from the amount of the security otherwise required
under this chapter.
B. Public utilities holding a current City franchise shall not be required to file any
right-of-way financial guarantee if such requirement is expressly waived in the franchise
documents, however public utilities franchisees shall guarantee workmanship and
materials through a maintenance financial guarantee.
C. The security required by this section shall be conditioned as follows:
1. That the permittee shall fully comply with the requirements of the City
ordinances and regulations, specifications and standards promulgated by the Department
relative to work in the right-of-way, and respond to the City in damages for failure to
conform therewith;
2. That after work is commenced, the permittee shall proceed with diligence
and shall promptly complete such work and restore the right-of-way to City standards, so
as not to obstruct the public place or travel thereon more than is reasonably necessary;
3. That unless authorized by the Director on the permit, all paving, resurfacing
or replacement of street facilities on principal arterial, major or collector streets shall be
done in conformance with the regulations contained herein within three calendar days,
and within seven calendar days from the time the excavation commences on all other
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streets, except as provided for during excavation in winter or during weather conditions
which do not allow paving according to City standards. In winter, a temporary patch must
be provided. In all excavations, restoration or pavement surfaces shall be made
immediately after backfilling is completed or concrete is cured. If work is expected to
exceed the above duration, the permittee shall submit a detailed construction schedule
for approval. The schedu le will address means and methods to min imize traffic disruption
and complete the construction as soon as reasonably possible.
D. In lieu of a financial guarantee to cover particular work, an applicantmay maintain
with the City a general bond in the sum of $100,000 conditioned and used for the same
purpose as the financial guarantee described in TMC Section 11.08.160.A and covering
all work to be done rather than any particular work, provided, however, that the total work
being performed shall not exceed a cumulative total of $100,000. The applicant shall
track and submitwith each new permit the applicant's approved permits that are covered
by this financial guarantee and include: permit number, date of approval, and date work
is complete.
Section 19. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.120,
"Hold Harmless," is hereby amended to recodify this section as TMC Section 11.08.170,
which shall read as follows:
11.08.170 Hold Harmless
Unless the permittee holds a current franchise with the City, as a condition to the
issuance of any permit underthis chapter, the permittee shall be required to execute a
written agreement to forever hold and save the City free and harmless from any and all
claims, actions or damages of every kind and description that may accrue to or be
suffered by any person by reason of the use of such public place or the construction,
existence, maintenance, use or occupation of any such structure, services, fixtures,
equipment and/or facilities on or in a public place pursuantto this chapter. In addition,
such agreement shall contain a provision that the permit is wholly of a temporary nature,
and that it vests no permanent right whatsoever.
Section 20. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.130,
"Compliance with Specifications, Standards, and Traffic -Control Regulations," is hereby
amended to recodify this section as TMC Section 11.08.180, which shall read as follows:
11.08.180 Compliance with Specifications, Standards, and Traffic -Control
Regulations
A. The work performed in the right-of-way shall conform to the requirements of the
Department's Infrastructure Design and Construction Standards, Manual on Uniform
Traffic Control Devices, King County Surface Water Design Manual, Part VIII,
"Regulations for Use of Public Streets and Projections over Public Property," International
Building Code, and the Tukwila Municipal Code as currently exists and as hereafter
amended.
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B. When a job is left unattended, before completion of the work, signage with
minimum two-inch high letters shall be attached to a barricade or otherwise posted and
maintained at the site, indicating the permittee's name, or company name, telephone
number, and after-hours telephone number.
Section 21. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.140,
"Inspections," is hereby amended to recodify this section as TMC Section 11.08.190,
which shall read as follows:
11.08.190 Inspections
As a condition of issuance of any permit or authorization that requires approval of the
Department, each permittee shall be required to consent to inspections by the
Department or any other City department. Additionally, the permittee is obligated to
request a final inspection to close out the permit.
Section 22. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.150,
"Correction and Discontinuance of Unsafe, Nonconforming, or Unauthorized Conditions,"
is hereby amended to recodify this section as TMC Section 11.08.200, which shall read
as follows:
11.08.200 Violations and Unsafe Conditions
A. Whenever the Director determines that any condition on any right-of-way is in
violation of (i) this chapter, or (ii) procedures adopted under this chapter or other
applicable codes or standards, the Director may order the correction or discontinuance
pursuant to this section .
B. The Director is authorized to use any or all of the following methods in ordering
correction or discontinuance:
1. Service of oral or written directives to the permittee or other responsible
person requesting immediate correction or discontinuance of the specified condition;
2. Service of a written notice of violation, ordering correction or discontinuance
of a specific con dition or activity within five days of notice, or such other reasonable period
the Director may determine;
3. Issuance of an order to immediately stop work until authorization is received
from the City to proceed with such work;
4. Revocation of previously granted permits where the permittee or other
responsible person has failed or refused to comply with requirements imposed or notices
served;
5. Service of notice and order or service of a criminal citation to appear by a
law enforcementofficerupon the permittee or other responsible person who is in violation
of this chapter or other City ordinances.
C. Any object that shall occupy any right-of-way without a permit is declared a
nuisance. The Director may attach a notice to any such object stating that if it is not
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removed from the right-of-way within 24 hours of the date and time stated on the notice,
the object may be taken into custody and stored at the owner's expense. The notice shall
provide an address and telephone nu mberwhere additional information may be obtained.
If the object is a hazard to public safety, the Director may remove it summarily. Notice of
such removal shall be thereafter given to the owner, if known. This section shall not apply
to motor vehicles.
D. All expenses incurred by the City in abating any violation or condition shall
constitute a civil debt owing to the City jointly and severally by such persons who have
been given notice or who own the object or who placed it in the right-of-way, which debt
shall be collectible in the same manner as any other civil debt.
E. The City shall also have all powers and remedies whether legal or equitable that
may be available under law or ordinance including but not limited to TMC Chapter 8.45,
TMC Chapter 11.08, and procedures adopted under this chapter for securing the
correction or discontinuance of any conditions specified by the City.
Section 23. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.160,
"Failure to Conform to Design Standards," is hereby repealed.
Section 24. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.170,
"Warning and Safety Devices," is hereby amended to recodify this section as TMC
Section 11.08.210, which shall read as follows:
11.08.210 Warning and Safety Devices
A. Warning lights, safety devices, signs, and barricades shall be provided on all
rights-of-way when there might be an obstruction or hazard to vehicular or pedestrian
traffic. All obstructions on rights-of-way shall have sufficient barricades and signs posted
in such a manner as to indicate plainly the danger involved. Warning and safety devices
may be removed when the work for which the right-of-way use permit has been granted
is complete and the right-of-way restored to the conditions directed by the Department.
B. As a condition of the issuance of any permit issued pursuant to this chapter, the
Director may require an applicantto submit a traffic control plan showing any proposed
detour routing and location and the type of warning lights, safety devices, signs, and
barricades intended to protect vehicularor pedestrian traffic at the site for which the right-
of-way use permit is requested. If a traffic control plan is required, no permit shall be
issued until after the traffic control plan is approved.
C. Any permit issued pursuantto this chapter that requires a partial lane or street
closure may require a traffic control supervisor; certified flag person, properly attired; or
an off-duty police officer for the purpose of traffic control during construction.
D. All decisions of the Director shall be final in all matters pertaining to the number,
type, locations, installation and maintenance of warning and safety devices in the right-
of-way during any actual work or activity for which a duly authorized permit has been
issued pursuant to this chapter.
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Section 25. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.180,
"Clearance for Fire Equipment," is hereby amended to recodify this section as TMC
Section 11.08.220, which shall read as follows:
11.08.220 Clearance for Fire Equipment
Unless when specifically authorized by the Director, all excavation work shall be
performed and conducted so as not to interfere with access to fire stations and fire
hydrants. Materials or obstructions shall not be placed within 15 feet of fire hydrants.
Passageways leading to fire escapes or firefighting equipment shall be kept free from
obstructions at all times.
Section 26. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.190,
"Protection of Adjoining Property — Access," is hereby amended to recodify this section
as TMC Section 11.08.230, which shall read as follows:
11.08.230 Protection of Adjoining Property — Access
Right-of-way users shall at all times, and at the right-of-way user's expense, preserve
and protect from injury adjoining property by complying with such measures as the
Director may deem reasonably suitable for such purposes. Right-of-way users shall at
all times maintain access to all property adjoining the excavation or work site.
Section 27. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.200,
"Preservation of Mon u men ts," is hereby amended to recodify th is section as TMC Section
11.08.240, which shall read as follows:
11.08.240 Preservation of Monuments
Right-of-way users shall not disturb any survey monuments or markers found on the
line of excavation work until ordered to do so by the Director. All street monuments,
property corners, benchmarks, and other monuments disturbed during the progress of
the work shall be replaced by a licensed surveyor, at the expense of the right-of-way user,
to the satisfaction of the Director.
Section 28. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.210,
"Protection from Pollution and Noise," is hereby amended to recodify this section as TMC
Section 11.08.250, which shall read as follows:
11.08.250 Protection from Pollution
Right-of-way users shall comply with all State laws, City ordinances, and procedures
adopted hereunder by the Director to protect the public from air and water pollution.
Right-of-way users shall provide for the flow of all watercourses, sewers or drains
intercepted during the excavation work, and shall replace the same in as good or better
condition as the right-of-way user found them. Right-of-way users shall not obstruct the
gutter of any street, but shall use all proper measures to provide for the free passage of
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surface water. Right-of-way users shall make provision to take care of all surplus water,
muck, silt, or other runoff pumped from excavations or resulting from sluicing or other
operations, and shall be responsible for any damage resulting from their failure to so
provide.
Section 29. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.220,
"Impact of Work on Existing Improvements," is hereby amended to recodify this section
as TMC Section 11.08.260, which shall read as follows:
11.08.260 Impact of Work on Existing Improvements
A. If any sidewalk or curb ramp is blocked by excavation work, a temporary sidewalk
or curb ramp shall be constructed or provided. Said temporary improvement shall be safe
for travel, convenient for users, and consistent with City standards.
B. Each right-of-way user shall cover an open excavation with non-skid steel plates
ramped to the elevation of the contiguous street, pavement, or other right-of-way, or
otherwise protected in accordance with City standards.
C. All excavated material that is piled adjacent to any excavation shall be
maintained in such a manner so as not to endanger those working in the excavation,
pedestrians, or users of the right-of-way. When the confines of the area being excavated
are too small to permit the piling of excavated material nextto the excavation ,the Director
shall have the authority to require the right-of-way user to haul the excavated material to
a storage site and then return the excavated material to the excavation at the time of
backfilling. It is the responsibility of the right-of-way user to secure the necessary
permission and make all arrangements for any required storage and disposal of
excavated material.
D. At anytime a right-of-way userdisturbs the yard, residence or the real or personal
property of a private property ownerorthe City, such right-of-way user shall insure, at the
right-of-way user's expense, that such property is returned, replaced and/or restored to a
condition that is comparable to or better than the condition that existed prior to the
commencement of the work, as determined by the private property owner or the City.
E. Existing drainage channels, such as gutters or ditches, shall be kept free of dirt
or other debris so that natural flow will not be interrupted. When it is necessary to block
or otherwise interrupt flow of the drainage channel, a method of rerouting the flow must
be submitted for approval by the Director prior to the blockage of the channel.
Section 30. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.230,
"Restoration of the Public Right -of -Way," is hereby amended to recodify this section as
TMC Section 11.08.270, which shall read as follows:
11.08.270 Restoration of the Right -of -Way
A. Restoration. If work is undertaken in the right-of-way, the right-of-way usershall
restore the right-of-way in the manner prescribed by the orders, regulations, and City
standards.
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B. Backfilling in a right-of-way excavated pursuant to a permit issued under the
provisions of this chapter shall be compacted to a degree equivalent to that of the
undisturbed ground in which the excavation was begun, unless the Director determines
a greater degree of compaction is necessary to produce a satisfactory result. All
backfilling shall be accomplished according to City standards and specifications. All
backfills shall be inspected and approved by the Director prior to any overlaying or
patching.
C. The right-of-way user shall restore the surface of any right-of-way to iCity
standards, and replace any removed or damaged pavementwith the same type and depth
of pavement as that which is adjoining, including the gravel base material. All restoration
shall be accomplished within the time limits set forth in the permit.
Section 31. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.240,
"Recently Improved Streets," is hereby amended to recodify this section as TMC Section
11.08.280, which shall read as follows:
11.08.280 Recently Improved Streets
The City shall not issue any permit to excavate in any recently improved street as
defined at TMC Chapter 11.04; provided, however, that the Director may grant a waiver
for good cause. The Director is specifically authorized to grant a waiverfor an excavation
that facilitates deployment of new technology as directed pursuant to official City policy.
The Director may place additional conditions on a permit subject to a waiver. The
Director's decision regarding a waiver shall be final.
Section 32. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.250,
"Coordination of Right -Of -Way Construction ," is hereby amended to recodify this section
as TMC Section 11.08.290, which shall read as follows:
11.08.290 Coordination of Construction and Notification
A. At the time of submitting an application for a permit, the applicant shall notify all
other entities known to be using or proposing to use the same right-of-way as the
applicant's proposed construction, and the proposed timing of such construction. Any
such entity notified may, within seven days of such notification, request a reasonable
delay in the commencement of such proposed construction for the purpose of
coordinating other right-of-way construction with that proposed by the applicant.
B. The Director shall coordinate the approval of permits with City street
improvements and maintenance and may defer or delay the commencementdate for the
applicant's right-of-way construction, until such time as such official deems proper. In all
cases, any work of the City, its contractors, or employees for municipal purposes shall
have precedence over all work of every other kind.
C. Before commencing construction, the permittee shall provide notice to all
adjoining properties that access onto the roadway work location, or are within 200 linear
feet from the roadway work location. Notification shall be done no less than 3 days prior
to the work commencing and shall be in the form of signage, door hangers, or door -to -
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door distribution of flyers. Notifications shall include contact information for the applicant
or contractor doing the work.
Section 33. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.260,
"Relocation of Structures in the Public Right -Of -Way," is hereby amended to recodifythis
section as TMC Section 11.08.300, which shall read as follows:
11.08.300 Relocation
A. Unless otherwise provided for in a current franchise, the Director may direct any
right-of-way user owning or maintaining facilities in the right-of-way to alter, modify, or
relocate such facilities oras may be required herein.
B. Within 30 days following written notice from the Director, the right-of-way user
shall provide a schedule to the City indicating the estimated completion date for
temporarily or permanently removing, relocating, changing, or altering (collectively the
"relocation work") the position of any facilities within the right-of-way whenever the
Director shall have determined that such removal, relocation, change, or alteration is
reasonably necessary for:
1. A public improvement; or
2. The construction, repair, maintenance, or installation of any improvement in
or upon the right-of-way as required by development approval; or
3. The operations of the City or other governmental entity in or upon the right-
of-way.
C. The right-of-way user owning or maintaining the facilities shall, at their own cost
and expense, promptly protect or promptly alter or relocate such facilities, or part thereof,
within 90 days following the original notice by the Director, unless a different duration is
specifically authorized by the Director.
D. In the event that the right-of-way user refuses or neglects to conform to the
directive of the City, the City shall have the right to breakthrough, remove, alter or relocate
such part of the facilities without liability to the right-of-way user. The right-of-way user
shall pay to the City all costs incurred by the City in connection with such work performed
by the City, including, but not limited to, design, engineering, construction, materials,
insurance, court costs, and attorney fees. Upon the right-of-way user's failure to
accomplish such work or reimburse the City of such costs, and after 3 working days'
notice, all other permits held by the right-of-way user may be suspended, except in only
an emergency, until such time as the work required under this section is completed or the
City has been reimbursed for work performed.
E. The City may, at any time, in case of fire, disaster or other emergency as
determined by the City, cut or move any parts of the system and appurtenances on, over
or underthe right-of-way, in which eventthe City shall not be liable therefore to the right-
of-way user.
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Section 34. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.270,
"Abandonment and Removal of Facilities," is hereby amended to recodify this section as
TMC Section 11.08.310, which shall read as follows:
11.08.310 Abandonment and Removal of Facilities
A. Any right-of-way user that intends to discontinue use of any facilities within the
rights-of-way shall notify the Director, in writing, of the intentto discontinue use. Such
notice shall describe the facilities for which the use is to be discontinued, a date of
discontinuance of use (the date shall not be less than 30 days from the date such notice
is submitted), and the method of removal and restoration of the rights-of-way. The right-
of-way user may not remove, destroy, or permanently disable any such facilities during
said 30 -day period withoutwritten approval of the Director. After 60 days from the date
of such written approval from the Director,the right-of-way user shall remove and dispose
of such facilities as set forth in the notice unless additional time is requested from and
approved by the Director. The Director may place conditions upon the removal and
restoration in order to protect public health and safety and the rights-of-way.
B. At the discretion of the City, and upon written notice from the Director within 30
days of the notice of abandonment, the right-of-way user may abandon the facilities in
place, and shall further convey full title and ownership of such abandoned facilities to the
City. The consideration for the conveyance is the City's permission to abandon the
facilities in place. The right-of-way user is responsible for all obligations as owner of the
facilities, or other liabilities associated therewith, until conveyance to the City is
completed. Conveyance of the abandoned facilities shall also automatically include all
record information, including GIS data as available, oras agreed upon with the Director.
Section 35. Regulations Established. TMC Section 11.08.320 is hereby
established to read as follows:
11.08.320 Record Drawings
Upon request by the City, a right-of-way user shall, within 10 business days, submit
to the City, at no cost to the City, the right-of-wayuser's most current and accurate record
drawings in use by the right-of-way user showing the location specified by the City in its
request before final permit approval. Record drawings shall show all facilities including
but not limited to power poles, guy poles and anchors, overhead transformers, pad -
mounted transformers, submersible transformers, conduit, substation (with its name)
pedestals, pad -mounted J boxes, vaults, switch cabinets, and meter boxes.
Section 36. Regulations Established. TMC Section 11.08.330 is hereby
established to read as follows:
11.08.330 Joint Excavation
A. If an applicant submits a permit application to excavate for installation of its
facilities, the City may request in writing that such applicant provide an opportunity to
install City facilities within the excavation; provided, that:
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1. Such joint use shall not unreasonably delay the work of the applicant's
excavation; and
2. Such joint use shall be arranged and accomplished on terms and conditions
satisfactory to both parties.
B. To the extent reasonably possible, the applicantshall, at the direction of the City,
cooperate with the City and provide other private utility companies with the opportunity to
utilizejoint or shared excavations in order to minimize disruption and damage to the right-
of-way as well as to minimize traffic -related impacts.
Section 37. Regulations Established. TMC Section 11.08.340 is hereby
established to read as follows:
11.08.340 Additional Ducts or Conduits
Any right-of-way user shall upon written request of the City, provide the City with
additional duct or conduit space over and above the conduit or conduits planned to be
constructed for the right-of-way user. Such additional ducts or conduits shall be of a size
and configuration specified by the City and shall be dedicated to the City. The City shall
have the right to use the ducts and conduits for any purpose including, but not limited to,
leasing them to other entities. Except as otherwise applicable under RCW 35.99.070, the
incremental costs of adding the specified ducts and conduits for the City shall be borne
by the City.
Section 38. Regulations Established. TMC Section 11.08.350 is hereby
established to read as follows:
11.08.350 Undergrounding
A. Subject to and in accordance with any applicable rates and tariffs on file with the
Washington Utilities and Transportation Commission (WUTC) (or such other regulatory
agency having jurisdiction), the right-of-way user shall cooperate with the City in
promoting a policy of undergrounding facilities within the right-of-way.
B. If the City directs the right-of-way user to underground its facilities, such
undergrounding shall be arranged and accomplished subject to and in accordance with
applicable rates and tariffs on file with the WUTC (or such other regulatory agencyhaving
jurisdiction).
C. In the event that the City undertakes any public improvement that would
otherwise require, at the discretion of the Director, the relocation of the right-of-way users
aboveground facilities, the Director may, by written notice to the right-of-way user, direct
that any such facilities be converted to underground facilities. Any such conversion shall
be done su bject to and in accordance with applicable schedules and tariffs on file with the
WUTC (or such other regulatory agency having jurisdiction).
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D. All new facilities installed within the Cityduring theterm of any permit or franchise
shall be located underground to the extent technologically feasible as determined at the
discretion of the Director.
Section 39. Regulations Established. TMC Section 11.08.360 is hereby
established to read as follows:
11.08.360 Hazardous Substances
Right-of-way users shall not introduce or use any hazardous substances (chemical
or waste) in violation of any applicable law or regulation, and the right-of-way user shall
not allow any of its agents, contractors, or any person under its control to do the same.
Section 40. Regulations Established. TMC Section 11.08.370 is hereby
established to read as follows:
11.08.370 Utility Locates
Prior to doing any work in the rights-of-way, right-of-way users shall follow
established procedures, including contacting the Utility Notification Center in Washington
and complying with all applicable State statutes regarding the One Call Locator Service
pursuantto Chapter 19.122 RCW. Further, upon request by the City or a third party, the
right-of-way user shall promptly locate its facilities in order for them to be surveyed or as
required by Chapter 19.122 RCW. The right-of-way user shall provide enough detail to
verify the vertical (depth) and horizontal location of its facilities. The City shall notbe liable
for any damages to the right-of-way user's facilities or for interruptions in service to right-
of-way user's customers that are a direct result of the right-of-way user's failure to locate
its facilities within the prescribed time limits and guidelines established by the One Call
Locator Service regardless of whether the City issued a permit.
Section 41. Regulations Established. TMC Section 11.08.380 is hereby
established to read as follows:
11.08.380 Moving of Building(s) and/or Equipment
Right-of-way users shall, upon 7 days' notice, disconnector move their facilities to
allowforthe moving of building(s)and/orequipmentacross or along anysuch street, alley
or other public place; provided, that the advance notice may be reduced to 24 hours if the
facilities are below the minimum clearance set by law or regulation or in the case of an
emergency. The cost of the right-of-way user moving their facilities shall be borne as
follows: (i) by the right-of-way user if the facilities are below the minimum vertical
clearance required by State statutes, City ordinance, or rules of the Director; above the
surface of the right-of-way, and no adjustment would be necessary if the minimum
clearance had been maintained; and (ii) by the person desiring to move the building(s)
and/or equipment under other circu mstances.
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Section 42. Regulations Established. TMC Section 11.08.390 is hereby
established to read as follows:
11.08.390 Tree Trimming
Any right-of-way user required by State statute or regulation to trim or remove trees
that may interfere with their facilities shall first obtain a permit and ensure th at the work is
accomplished in accordance with TMC Chapter 11.20, "Right -of -Way Vegetation," and
TMC Section 18.52.100, "Maintenance and Pruning," as appliable.
Section 43. 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 44. 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 45. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2022.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
Allan Ekberg, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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COUNCIL AGENDA SYNOPSIS
AV'4�y, Initials
ITEM No.
.4
Meeting Date
Prepared by
Mayor's review
Council review
a
0�
11/21/22
AT
/906
ITEM INFORMATION
STAFF SPONSOR: ALISON TURNER
ORIGINAL AGENDA DATE: 11/ 21/22
AGENDA ITEM TITLE FHWA CMAQ Grant Award — South King County TDM
CATEGORY ❑ Discussion
Mtg Date
AI Motion
Mtg Date
11/21/22
❑ Resolution
Mtg Date
❑ Ordinance
Meg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Meg Date
❑ Other
Mtg Date
SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs
I1
DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PW
SPONSOR'S The Transportation Demand Management (TDM) Program is asking for approval to accept a
SUMMARY FHWA Congestion Mitigtation and Air Quality Improvement (CMAQ) Program award. The
City has been awarded $450,000 for 2023-2024. The Council is being asked to accept the
award.
REVIEWED BY 0 Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev.
❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 11/7/22 COMMITTEE CHAIR: KRULLER
RECOMMENDATIONS:
SPONSOR/ADMIN. Department of Community Development
COMMITTEE Unanimous Approval; Forward to Consent Agenda
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$ $
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
11/21/22
MTG. DATE
ATTACHMENTS
11/21/22
Informational Memorandum dated 11/7/22
Award Letter
Minutes from the 11/7 T&I Committee Meeting
105
106
City of Tukwila
Allan Ekberg, Mayor
Department of Community Development - Nora Gierloff, AICP, Director
TO: Transportation & Infrastructure Services Committee
FROM: Nora Gierloff, AICP, DCD Director
BY: Alison Turner, Sustainable Transportation Program Manager
Chris Andree, Sustainable Transportation Outreach Coordinator
Timothy Phung, Sustainable Transportation Communications Specialist
CC: Mayor Ekberg
DATE: November 7, 2022
SUBJECT: FHWA CMAQ Grant Award — South King County TDM
ISSUE
The Transportation Demand Management (TDM) Program is asking for approval to accept a
Federal Highway Administration Congestion Mitigation and Air Quality Improvement (CMAQ)
Program award. The City has been awarded $450,000 by Puget Sound Regional Council
(PSRC) for 2023 to 2024.
BACKGROUND
Tukwila's TDM Program provides transportation outreach, education, and resources to
improve air quality, reduce congestion, and help people get around Tukwila and south King
County. The Program started with the Commute Trip Reduction (CTR) Program, working with
large employers in Tukwila to reduce employee trips to worksites. Since 2013, the City of
Tukwila has implemented TDM projects that expand upon the CTR program funded by state
and federal grants. The Program has evolved to a regional "all trips" focus, in recognition that
most trips are non -commute trips, and provides TDM services to employers, workers,
residents, and visitors.
DISCUSSION
In 2020, staff successfully applied during PSRC's project selection process for a 2 -year "South
King County TDM" project. This new funding award will enable the TDM Program to continue
providing regional TDM services in Tukwila and partner cities in South King County including
Burien, Des Moines, Kent, Renton, and SeaTac. The project is to be implemented January 1,
2023, through December 31, 2024. The Program will conduct outreach at activity centers such
as community hubs, commercial areas, multifamily housing complexes, and educational
institutions.
Tukwila City Hall • 6200 Sauthcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov
107
FHWA CMAQ Grant Award — South King County TDM
November 7, 2022
Page 2
FINANCIAL IMPACT
There will be no impact to the general fund. Local match (13.5% of the project budget,
$60,750) will be provided by the City's WSDOT TDM Allocation and/or local in-kind funding
should there be any.
RECOMMENDATION
The Council is being asked to accept the FHWA CMAQ Program Award and consider this item
on the Consent Agenda at the November 21, 2022, Regular Meeting.
ATTACHMENTS
Attachment A: Award Letter
Phone: 206-4334800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov
108
Puget Sound Regional Council
1011 WESTERN AVENUE, SUITE 5001\\ SEATTLE, WA 98104.1035 \\\. psrc.org \\\ 206.464.7090
October 29, 2020
The Honorable Allan Ekberg
City of Tukwila
6200 Southcenter Blvd.
Tukwila, WA 98188
Dear Mayo Ekberg:441 (
Congratulation I'm pleased to let you know that the City of Tukwila is receiving $450,000 in PSRC
ollowing project(s):
PROJECT
AWARD AMOUNT
FUNDING
SOURCE
FUNDING
DEADLINE
South King County TDM
$450,000
FHWA
June 1, 2023
The PSRC Executive Board voted in October to award federal funds to priority projects that will improve
local and regional mobility. Final approval by the Governor and federal funding agencies is expected in
early 2021.
The projects are part of a $ 4.3 billion Regional Transportation Improvement Program for 2021-2024.
This program includes transit expansion and maintenance projects, state highway improvements,
bicycle and pedestrian facilities, and investments in city and county roads.
Your project(s) performed well in PSRC's merit -based project selection process, which identifies priority
projects that will improve local and regional mobility and help achieve our long-range Regional
Transportation Plan. Kudos to you and your staff for securing this funding.
I also wanted to acknowledge the difficult times we're all living through and thank you and your team for
continuing to provide essential services to your community and keep everyone safe during this public
health emergency. I look forward to continuing to partner with you on efforts to help the region recover
and thrive for the long term.
Sincerely,
Oosh Brown
Executive Director, Puget Sound Regional Council
cc: Hari Ponnekanti, Interim Public Works Director
Crifi vi 4
109
110
Transportation & Infrastructure Services Committee Minutes November 7, 2022
E. Grant Award: Gilliam Creek & S. 131st St Drainage Improvements
Staff is seeking Council approval to accept King County Flood Control District Flood Reduction
funds in the amount of $350,000 for the projects.
Committee Recommendation
Unanimous approval. Forward to November 21, 2022 Regular Consent Agenda.
F. Grant Award: Gilliam Creek Fish Barrier Removal
Staff is seeking Council approval to accept a Recreation and Conservation Office Salmon
Recovery Fund Board grant award in the amount of $250,000 for the project.
Committee Recommendation
Unanimous approval. Forward to November 21, 2022 Regular Consent Agenda.
G. Grant Award: South King County Transportation Demand Management
Staff is seeking Council approval to accept a Federal Highway Administration Congestion
Mitigation and Air Quality Improvement Program award in the amount of $450,000 to continue
*
providing TDM services through 2024.
Committee Recommendation
Unanimous approval. Forward to November 21, 2022 Regular Consent Agenda.
H. Via to Transit & Free Youth Transit
Staff provided an overview of the programs offered by King County Metro.
Item(s) for follow-up:
Provide information on rider safety measures, driver vetting, traveling with strollers and car
seats, and liability.
Committee Recommendation
Discussion only.
Miscellaneous
Chair Kruller mentioned a resident inquiry about any Comprehensive Plan or zoning proposals
relative to the Boeing Access Road infill light rail station.
Chair Kruller mentioned that residents are concerned about lack of landslide protections at a
development on 56th Avenue South.
The meeting adjourned at 6:14 p.m.
Committee Chair Approval
Minutes by LH
111
112
COUNCIL AGENDA SYNOPSIS
kJ* 4, Initials
ITEM No.
44Z
Meeting Date
Prepared by
Mayor's review
Council review
GI
11/21/22
CT
,��,, �O
4.K.
29
ITEM INFORMATION
STAFF SPONSOR: DAVID CLINE
ORIGINAL AGENDA DATE: 11/21/22
AGENDA ITEM TITLE Amendment #1 to the Walls Law Firm Contract for Prosecution Services
CA rEGORY ❑ Discussion
Mtg Date
// Motion
Mtg Date 11/21
❑ Resolution
Mtg Date
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
SPONSOR ❑ Council
' Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PW
SPONSOR'S The current contract for Prosecution services expires December 31, 2022. This contract
SUMMARY amendment extends the term for an additional six months through June 30, 2023.
REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety
❑ LTAC ❑ Arts Comm.
DATE: 11/14/2022 COMMITTEE
0
❑
Finance & Governance ❑ Planning & Community Dev.
Parks Comm. ❑ Planning Comm.
CHAIR: QUINN
RECOMMENDATIONS:
SPONSOR/ADMIN. Mayor's Office
COMMITTEE Unanimous Approval; Forward to Regular Meeting Consent Agenda
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$75,000 $75,000 $
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
11/21/22
MTG. DATE
ATTACHMENTS
11/21/22
Informational Memorandum dated 11/7/2022
Draft Amendment #1 to the Walls Law Firm Contract for Prosecution Services
Minutes from 11/14/2022 Finance & Governance Committee Meeting
113
114
TO:
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
Mayor Ekberg
Finance & Governance Committee
FROM: David Cline, City Administrator
BY: Cheryl Thompson, Executive Assistant
DATE: November 7, 2022
SUBJECT: Contract for Prosecution Services
ISSUE
The current contract for Prosecution Services provided by the Walls Law Firm expires
December 31, 2022. Attached is a proposed contract amendment extending the term of the
contract to June 30, 2023.
BACKGROUND
The City contracts the Walls Law Firm for Prosecution Services. The term for the current
contract expires December 31, 2022. One of the firm members may be appointed to a judicial
position with King County effective January, 2023, which will impact who is appointed as the
lead prosecuting attorney for the City of Tukwila. To ensure continuity of service the City is
extending the term of the contract through June 30, 2023. This will allow time for the City and
the firm to address any impacts to service from the pending judicial appointment.
DISCUSSION
Compensation will continue at $12,500 per month. As a six-month extension equates to
$75,000 in compensation, we are bringing the amendment before Council for approval.
RECOMMENDATION
The Committee is being asked to move this contract amendment forward to the November
21, 2022 consent agenda.
ATTACHMENTS
Amendment #1 to the Walls Firm Contract for Prosecution Services 20-120
115
116
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Agreement Number:
CONTRACT FOR SERVICES
Amendment #1
Between the City of Tukwila and the Walls Law Firm
That portion of Contract No. 20-120 between the City of Tukwila and the Walls Law Firm is hereby
amended as follows:
Section 3: Duration of Agreement. This Agreement shall be in full force and effect for a period
commencing January 1, 2021 and ending December 31, 2022 June 30, 2023 unless sooner
terminated under the provisions hereinafter specified or extended by the express written consent
of Contractor and the Mayor or his designee.
All other provisions of the contract shall remain in full force and effect.
Dated this day of , 2022.
CITY OF TUKWILA CONTRACTOR
Allan Ekberg, Mayor Aaron Walls, Attorney, WSBA No. 25266
ATTEST/AUTHENTICATED APPROVED AS TO FORM
Christy O'Flaherty, MMC, City Clerk Office of the City Attorney
Walls Law Firm 20-120 Amendment #1 Page 1 of 1
117
118
City of Tukwila
City Council Finance & Governance Committee
Meeting Minutes
November 14, 2022 - 5:30 p.m. - Hybrid Meeting; Duwamish Conference Room & MS Teams
Councilmembers Present:
Staff Present:
I. BUSINESS AGENDA
De'Sean Quinn, Chair; Kate Kruller, Cynthia Delostrinos Johnson
Vicky Carlsen, David Cline, Rachel Bianchi, Julie Hatley, Tony
Cullerton, David Rosen, Pete Mayer
A. Contract Amendment: Prosecution Services
Staff is seeking approval of a contract amendment with Walls Law Firm to extend prosecution
*services through June 30, 2023 at a continued rate of $23,000 per month.
Committee Recommendation 41Ir
Unanimous approval. Forward to November 21, 2022 Regular Consent Agenda.
B. Ordinances: Fire and Park Impact Fees
Staff is seeking approval of ordinances to update Fire and Park Impact Fees beginning April 1,
2023.
Committee Recommendation
Unanimous approval. Forward to November 28, 2022 Committee of the Whole.
C. Non -Represented Employees Market and Compression Study
Staff is seeking approval to include funding for a non -represented employee market and
compression study in the 2023 budget. This was intended to be completed in 2020 but was
postponed due to pandemic response and budget cuts.
Committee Recommendation
Unanimous approval. Forward to November 14, 2022 Committee of the Whole.
D. American Rescue Plan Act Expenditure Report January -June
Staff presented the report.
Item(s) for follow-up:
• Explain CPI impact to ARPA allocations in next report.
Committee Recommendation
Discussion only.
E. Resolution: 2023 Legislative Agenda
119
120
COUNCIL AGENDA SYNOPSIS
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ITEM No.
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Mayor's review
Council review
11/21/22
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190E
ITEM INFORMATION
STAFF SPONSOR: KRIS KELLY
ORIGINAL AGENDA DATE: 11/21/22
AGENDA ITEM TITLE Foster Golf Links Bathroom Water Main Break Repair
CATEGORY ❑ Discussion
Mtg Date
11 Motion
Mtg Date 11/21
❑ Resolution
Mtg Date
❑ Ordinance
Mtg Date
❑ Bid Award
Mug Date
❑ Public Hearing
Mtg Date
n Other
Mtg Date
SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire
11
PeR ❑ Police ❑ PIG
SPONSOR'S Foster Golf Links has a restroom located next to the 10th/11th hole that suffered a water
SUMMARY main break last month, fully disabling service. At this time, estimates have been received
and a contract created to facilitate necessary replacement and repairs. Department staff
request both the Community Services & Safety Committee and the entire council review
and approve the proposed contract so work may begin as soon as possible.
REVIEWED BY ❑ Trans&Infrastructure Svcs 11
❑ LTAC ❑
DATE: 11/14/22
Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev.
Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
COMMITTEE CHAIR: HOUGARDY
RECOMMENDATIONS:
SPoNsoR/ADMIN. Department of Parks & Recreation
COMMITTEE Unanimous Approval; Forward to Regular Meeting Consent Agenda
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$72,676 $0 $
Fund Source: FOSTER GOLF LINKS (411) FUND
Comments: Item was not budgeted for, however, proper fund balance exists to pay for this work
MTG. DATE
RECORD OF COUNCIL ACTION
11/21/22
MTG. DATE
ATTACHMENTS
11/21/22
Informational Memorandum dated 11/8/22
Proposed Contract
Mr. Rooter of Western WA Estimates 240903846 & 240887370
Minutes from the 11/14 Community Services & Safety Committee
121
122
City of Tukwila
Allan Ekberg, Mayor
Parks & Recreation Department - Pete Mayer, Interim Director
INFORMATIONAL MEMORANDUM
TO: Community Services & Safety Committee
FROM: Kris Kelly, Parks & Recreation Parks Manager
BY: David Rosen, Parks & Recreation Fiscal Analyst
DATE: November 8, 2022
SUBJECT: Foster Golf Links Bathroom Water Main Line Repair Contract Approval
ISSUE
A water main line break at Foster Golf Links (FGL) has caused a service disruption to a bathroom
located on the course. Repair of said break requires use of services costing more than $40,000,
necessitating the need for council approval.
BACKGROUND
Foster Golf Links has a restroom located next to the 10th/11th hole that suffered a water main line break
in September, since this break, restroom services have been offered on location via portable toilets.
DISCUSSION
Restoration of restroom services on the course is critical maintaining as high quality a customer
experience as possible. Currently, replacement service is being provided via portable toilets, generating
additional ongoing costs for operations. Lastly, failure to perform this work now may cause it to be more
expensive in the future should work ultimately be done, due to factors such as service availability and
inflationary pressure on inputs for work such as materials and equipment.
FINANCIAL IMPACT
This specific service would be paid for exclusively from the Foster Golf Links (411) Fund. Therefore, no
financial impact upon the General Fund is created by approval of this contract.
At this time, maximum spending for this item is estimated at $72,675.12, some of this estimate includes
finance charges that we do not believe will be incurred.
RECOMMENDATION
Department staff recommend the Community Services and Safety Committee approve this item to be
forwarded to the November 28, 2022 Committee of the Whole and December 5, 2022 Regular Meeting
for further consideration.
ATTACHMENTS
A --- Proposed Contract for Services (Contract Number TBD)
B --- Mr. Rooter of Western WA Estimates 240903846 & 240887370 (Exhibit A, Dated 9/14/22)
Tukwila City Hall • 6200 SouthcenterBoulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov
123
124
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA98188
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 Mr. Rooter Plumbina , hereinafter
referred to as "the Contractor," whose principal office is located at
2000 S 116' St. Seattle Wa. 98168 .
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.
2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered
according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this
reference. The total amount to be paid shall not exceed $75,000 .
3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the
maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City
whenever the Contractor desires to amend its budget in any way.
4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing
November 14 , 20 22 , and ending February 1St , 2023_, unless
sooner terminated under the provisions hereinafter specified.
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 Public Entity, its officers,
officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or
suits including attorney fees, arising out of or in connection with the performance of this Agreement,
except for injuries and damages caused by the sole negligence of the Public Entity.
CA Revised May 2020 Page 1 of 4
125
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 Public Entity, 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 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 for the duration of the Agreement, insurance
against claims for injuries to persons or damage to property which may arise from or in connection with
the performance of the work hereunder by the Contractor, their agents, representatives, employees or
subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required
herein shall not be construed to limit the liability of the Contractor to the coverage provided by such
insurance, or otherwise limit the City's recourse to any remedy available at law or in equity.
A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits
described below:
1. Automobile Liability insurance with a minimum combined single limit for bodily injury and
property damage of $1,000,000 per accident. Automobile liability insurance shall cover all
owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services
Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If
necessary, the policy shall be endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance with limits no less than $2,000,000 each occurrence,
$2,000,000 general aggregate and $2,000,000 products -completed operations aggregate
limit. Commercial General Liability insurance shall be as least at broad as ISO occurrence
form CG 00 01 and shall cover liability arising from premises, operations, independent
contractors, products -completed operations, stop gap liability, personal injury and advertising
injury, and liability assumed under an insured contract. The Commercial General Liability
insurance shall be endorsed to provide a per project general aggregate limit using ISO form
CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for liability
arising from explosion, collapse or underground property damage. The City shall be named
as an additional insured under the Contractor's Commercial General Liability insurance policy
with respect to the work performed for the City using ISO Additional Insured endorsement CG
20 10 10 01 and Additional Insured -Completed Operations endorsement CG 20 37 10 01 or
substitute endorsements providing at least as broad coverage.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance
limits than the minimums shown above, the Public Entity shall be insured for the full available limits
of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective
of whether such limits maintained by the Contractor are greater than those required by this Contract
or whether any certificate of insurance furnished to the Public Entity evidences limits of liability
lower than those maintained by the Contractor.
C. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General
Liability insurance policies are to contain, or be endorsed to contain that they shall be primary
insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage
maintained by the City shall be excess of the Contractor's insurance and shall not contribute with
it.
D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating
of not less than A: VII.
CA Revised May 2020 Page 2 of 4
126
E. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of
the amendatory endorsements, including but not necessarily limited to the additional insured
endorsement, evidencing the insurance requirements of the Contractor before commencement of
the work. Upon request by the City, the Contractor shall furnish certified copies of all required
insurance policies, including endorsements, required in this Agreement and evidence of all
subcontractors' coverage.
F. Subcontractors. The Contractor shall cause each and every Subcontractor to provide insurance
coverage that complies with all applicable requirements of the Contractor -provided insurance as
set forth herein, except the Contractor shall have sole responsibility for determining the limits of
coverage required to be obtained by Subcontractors. The Contractor shall ensure that the Public
Entity is an additional insured on each and every Subcontractor's Commercial General liability
insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing
operations and CG 20 37 10 01 for completed operations.
G. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this
work with written notice of any policy cancellation, within two business days of their receipt of such
notice.
H. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as
required shall constitute a material breach of contract, upon which the City may, after giving five
business days notice to the Contractor to correct the breach, immediately terminate the contract
or, at its discretion, procure or renew such insurance and pay any and all premiums in connection
therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion
of the City, offset against funds due the Contractor from the City.
8. Record Keeping and Reporting.
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, the
presence of any disability, or any other protected class status under state or federal law, in the
selection and retention of employees or procurement of materials or supplies.
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.
CA Revised May 2020 Page 3 of 4
127
City Signatures to be obtained by City Clerk's Staff ONLY
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 , 20_
CITY OF TUKWILA CONTRACTOR
Allan Ekberg, Mayor
ATTEST/AUTHENTICATED:
City Clerk, Christy O'Flaherty
APPROVED AS TO FORM:
Office of the City Attorney
By:
Printed Name and Title:
Address:
CA Revised May 2020 Page 4 of 4
128
Exhibit A
M*?te y
PLUMBING
a neighborly company
BILL TO
City of Tukwila*
14000 Interurban Ave S
Tukwila, WA 98168 USA
Mr. Rooter Plumbing of Western Washington
2000 S 116th St
Seattle, WA 98168
800-845-3107 Customer Service
JOB ADDRESS
City of Tukwila
14000 Interurban Avenue South
Tukwila, WA 98168 USA
TASK DESCRIPTION
ESTIMATE
240887370
ESTIMATE DATE
Sep 14, 2022
Job: 240874390
Technician: Scott Roderick
QTY PRICE TOTAL
9910003 Additional Plumbing Service:
Additional Plumbing Service
Have leak in parking lot on pvc line. Will cut out section of asphalt, dig
down to expose line and make repair. Backfill to rough grade and patch
with asphalt.
CREDIT CARD PAYMENT AUTHORIZATION
Please pay total due amount. Thank you.
1.00 $4,600.00 $4,600.00
SUB -TOTAL $4,600.00
TAX $464.60
TOTAL $5,064.60
EST. FINANCING $110.41
Print Name below as it appears on credit card
Payment Type
Name on card
Signature
Remit to:
Amount Due:
CUSTOMER AUTHORIZATION
Credit Card #
EXP CVC
IMPORTANT NOTICE: You and your contractor are responsible for meeting the terms and conditions of this contract, if you
sign this contract and you fail to meet the terms and conditions of this contract you may lose legal ownership rights to your
Estimate #240887370 Page 1 of 2
129
130
home. KNOW YOUR RIGHTS AND DUTIES UNDER THE LAW. YOU, THE BUYER, MAY CANCEL THIS TRANSACTION AT ANY TIME
PRIOR TO MIDNIGHT THE 3RD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION, SEE THE ATTACHED NOTICE OF
CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT. I agree that initial price quoted prior to start of work does not
include any additional or unforeseen tasks. Nor materials which may be found to be necessary to complete repairs or
replacements. I also agree to hold Mr. Rooter or its assigns harmless for parts deemed corroded, unusable, or unreliable for
completion of stated work to be done. I hereby authorize Mr. Rooter to perform proposed work and agree to all agreement
conditions as displayed on this page and the following two pages of this document and further acknowledge that this invoice
is due upon receipt. A monthly service charge, at maximum allowed by law, will be added after 10 days. Independently
owned and operated franchise.
Sign here Date
Estimate #240887370 Page 2 of 2
WARRANTY
NEW MATERIALS INSTALLATION: Mr. Rooter Plumbing warrants new materials installed for one year after installation and labor on new materials installed for (90) days.
REPAIRS OTHER THAN DRAIN CLEANING: Mr. Rooter Plumbing warrants labor on repairs, other than drain cleaning, for ninety (90) days after the repair work is complete. Mr. Rooter Plumbing warrants new materials
installed as part of a repair for one year after installation.
DRAIN CLEANING: Unless otherwise agreed in writing, Mr. Rooter Plumbing warrants labor only on drain cleaning for seven days.
NO OTHER WARRANTIES: No other warranties, express or implied, are made with respect to new material installation, repairs, drain cleaning or any other work performed by Mr. Rooter Plumbing. Purchaser's exclusive
remedy for breach of the preceding warranties is to require, at Mr. Rooter Plumbing's option, refund of the purchase price, repair, replacement, or re -cleaning. THE PRECEDING WARRANTY IS IN LIEU OF AND MR.
ROOTER PLUMBING HEREBY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND OF MERCHANTABILITY.
LIMITATION OF DAMAGES: Mr. Rooter Plumbing assumes no responsibility for and shall not be liable to Purchaser for consequential damages incurred by Purchaser in connection with this contract including, without
limitation, damage to property or injury to persons resulting from any breach of this agreement by Mr. Rooter Plumbing or any breach of warranty by Mr. Rooter Plumbing.
NOTICE TO CUSTOMER
This contractor is registered with the state of Washington, registration no. MROOP*022NE, as a general/specialty contractor and has posted with the state a bond or cash deposit of $6000/$4000 for the purpose of
satisfying claims against the contractor for negligent or improper work or breach of contract in the conduct of the contractor's business. This bond or cash deposit may not be sufficient to cover a claim which might arise
from the work done under your contract. If any supplier of materials used in your construction project or any employees of the contractor or subcontractor is not paid by the contractor or subcontractor on your job, your
property may be liened to force payment. If you wish additional protection, you may request the contractor to provide you with original "lien release" documents from each supplier or subcontractor on your project. The
contractor is required to provide you with further information about lien release if you request it. General information is also available from the Washington State Department of Labor and Industries.
This contract shall be governed by the laws of the state of Washington. Venue for any lawsuit arising out of this contract shall be the Superior Court of King County.
It is further agreed that: *Mr. Rooter Plumbing shall not be responsible for damages or delay due to strikes, fires, accidents, or other causes beyond our control. *Mr. Rooter Plumbing carries Public Liability Insurance, but
does not assume risk of any character under the contract other than that covered by such insurance. A copy of our policy is available for inspection upon request. *This contract does not include any painting, gutter work
or repairs to building other than specified above. *Any alteration or deviation from the above specifications involving extra cost of material or labor will only be executed upon written orders for same, and will become an
extra charge over the sum mentioned in this contract. All agreements must be made in writing. This agreement constitutes the entire contract between the parties. *Concrete slab or foundation will not be warranted for
cracks, separation, etc., or in the presence of hydro undermining, ground setting, storage of extra heavy machinery or equipment, unless it has been submitted to a soil analysis or structural design reinforcing steel. *Any
salvageable material realized during demolition process becomes the property of Mr. Rooter. *Any dumping fees or hauling away of discarded material, not included in contract price unless otherwise specified. *AII
changes in the above contract must be in writing and signed by both parties hereto. The owner agrees to carry fire and all necessary insurance. Mr. Rooter Plumbing agrees that all workers are fully covered by Workmen's
Compensation Insurance. All surplus materials remain the property of Mr. Rooter Plumbing.
1. When our services include backfilling, the backfill will be compacted but some settlement may occur due to soil and other conditions. We do not warrant that post installation settlement will not occur, and Mr. Rooter
Plumbing will not be responsible for damage caused by such settlement for restoration.
2. Obstacles unforeseen at the date of this contract, such as solid rock, concrete, boulders, buried stumps, excessive water or any other object which gives rise to extraordinary excavation problems shall entitle Mr. Rooter
Plumbing to be paid on a cost plus materials basis as per 8th Edition City of Seattle Plans & Specs., Div. 1, Section 9 Subsection 9.04, over and above the amount shown hereinafter of the price schedule.
3. Mr. Rooter Plumbing shall not be held responsible for replacement of fences or lawn or unmarked pipe or other invisible improvements that may be disturbed in the process of said construction, unless specified herein.
4. Notice is hereby given that a lien may be claimed for all labor, material and supplies furnished by Mr. Rooter Plumbing in connection with this contract.
Arbitration Clause:
AGREEMENT TO ARBITRATE. You and we agree to submit any dispute arising under this agreement, with the exception of disputes alleging criminal or statutory violations, to binding arbitration in accordance with the
BBB Rules of Binding Arbitration (Pre -Dispute). A volunteer BBB arbitrator will render a decision that the arbitrator considers to be fair; in doing so, the arbitrator is not required to apply legal principles. The arbitrator's
decision will be final and binding on both you and us, and judgment on the decision may be entered in any court having jurisdiction. All administrative fees for the arbitration will be paid by the business. Further information
about BBB arbitration may be obtained by contacting the BBB Northwest at 208-342-4649. This Agreement to Arbitrate affects important legal rights. Neither of us will be able to go to court for disputes that must be
arbitrated.
CITY OF SEATTLE CHARGE -BACKS
The City of Seattle will invoice Mr. Rooter Plumbing for: 1. Road Restoration 2. Inspection Fees. These charges are a result of the work described in this contract. The amount invoiced by the City of Seattle will be
marked up by a factor of 20% before presentation to you for payment by Mr. Rooter Plumbing. Charges from the City of Seattle are not included in the price on the original contract and will be invoiced at a later date.
W
132
Exhibit A Continued.
a neighborly company
BILL TO
City of Tukwila*
14000 Interurban Ave S
Tukwila, WA 98168 USA
Mr. Rooter Plumbing of Western Washington
2000 S 116th St
Seattle, WA 98168
800-845-3107 Customer Service
JOB ADDRESS
City of Tukwila
14000 Interurban Avenue South
Tukwila, WA 98168 USA
TASK DESCRIPTION
ESTIMATE
240903846
ESTIMATE DATE
Sep 14, 2022
Job: 240874390
Technician: Scott Roderick
QTY PRICE TOTAL
9910003 Additional Plumbing Service:
Run new water service from meter to bathrooms on golf course. Will tee
off line and shoot over to maintenance building as well.
Will drill line and have to pot hole every 100'. Mr Rooter will pull back
sleeve and tracer wire. Will install new pex waterline in sleeve. After job is
complete will pressurize system to check for leaks. If no additional work is
needed will backfill all holes and patch asphalt in parking lot.
CREDIT CARD PAYMENT AUTHORIZATION
Please pay total due amount. Thank you.
1.00 $60,000.00 $60,000.00
SUB -TOTAL $60,000.00
TAX $6,060.00
TOTAL $66,060.00
EST. FINANCING $1,440.11
Print Name below as it appears on credit card
Payment Type
Name on card
Signature
Remit to:
Amount Due:
CUSTOMER AUTHORIZATION
Credit Card #
EXP CVC
IMPORTANT NOTICE: You and your contractor are responsible for meeting the terms and conditions of this contract, if you
Estimate #240903846 Page 1 of 2
133
134
sign this contract and you fail to meet the terms and conditions of this contract you may lose legal ownership rights to your
home. KNOW YOUR RIGHTS AND DUTIES UNDER THE LAW. YOU, THE BUYER, MAY CANCEL THIS TRANSACTION AT ANY TIME
PRIOR TO MIDNIGHT THE 3RD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION, SEE THE ATTACHED NOTICE OF
CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT. I agree that initial price quoted prior to start of work does not
include any additional or unforeseen tasks. Nor materials which may be found to be necessary to complete repairs or
replacements. I also agree to hold Mr. Rooter or its assigns harmless for parts deemed corroded, unusable, or unreliable for
completion of stated work to be done. I hereby authorize Mr. Rooter to perform proposed work and agree to all agreement
conditions as displayed on this page and the following two pages of this document and further acknowledge that this invoice
is due upon receipt. A monthly service charge, at maximum allowed by law, will be added after 10 days. Independently
owned and operated franchise.
Sign here Date
Estimate #240903846 Page 2 of 2
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bor and Industries.
This contract shall be governed by the laws of the state of Washington. Venue for any lawsuit arising out of this contract shall be the Superior Court of King County.
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CITY OF SEATTLE CHARGE -BACKS
135
136
City of Tukwila
City Council Community Services & Safety Committee
Meeting Minutes
November 14, 2022 - 5:30 p.m. - Hybrid Meeting; Hazelnut Conference Room & MS Teams
Councilmembers Present:
Staff Present:
Kathy Hougardy, Chair; Mohamed Abdi, Tosh Sharp
David Cline, Rachel Bianchi, Norm Golden, Kris Kelly, Tiffany Johnson,
Matt Austin, Laurel Humphrey
Chair Hougardy called the meeting to order at 5:30 p.m.
I. BUSINESS AGENDA
A. Resolution: 2023 Legislative Agenda
Staff is seeking Council approval of a resolution adopting the legislative agenda for use in
Olympia during the 2023 session.
Committee Recommendation:
Unanimous approval. Forward to November 28, 2022 Committee of the Whole.
B. Puget Sound Regional Fire Authority Transition
Staff is seeking Council approval of four station lease agreements, four ordinances amending
the Municipal Code to conform with the transition of fire services, and one resolution seeking
annexation.
Committee Recommendation:
Unanimous approval. Forward to November 28, 2022 Committee of the Whole.
C. Contract: Foster Golf Links Water Main Repair
Staff is seeking a contract with Mr. Rooter Plumbing in an amount not to exceed $72,675,12 for
* repair of a water main line break at Foster Golf Links.
Committee Recommendation:
Unanimous approval. Forward to November 21, 2022 Regular Consent Agenda.
II. MISCELLANEOUS
Councilmember Sharp reported concerns with cars parking illegally on sidewalks near
businesses on Tukwila International Boulevard. Councilmembers and staff discussed business
outreach and enforcement possibilities.
The meeting adjourned at 6:37 p.m.
I1 ' Committee Chair Approval
Minutes by LH
137
138
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
1VIcryor's review
Council review
10/17/22
BJM
11/21/22
BJM
12/12/22
BJM
ITEM INFORMATION
ITEM No.
5 & 6.A.
STAFF SPONSOR: BRANDON MILES
ORIGINAL AGENDA DATE: 10/17/22
AGENDA ITEM TITLE
Vacation of S. 140th Street at the George Long Shops.
CATEGORY ❑ Discussion
Mtg Date
® Motion
Mtg Date 10/17
® Resolution
Mtg Date 10/17
Ordinance
Mtg Date 12/12/22
❑ Bid Award
Mtg Date
® Public Hearing
Mtg Date 11/21/22
Other
/1Ttg Date
SPONSOR ❑ Council ❑ Mayor ❑ Idnt
Svcs ❑ DCD ❑ Finance ❑ Fire ❑ PeER ❑ Police ❑ PIF
SPONSOR'S
SUMMARY
Adopting a resolution to set a public hearing for a street vacation of unopened right of way
of S.140th Street at the George Long Shop, near 14000 Interurban Ave.
REVIEWED BY
® Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev.
❑ LTAC ❑ Arts Comm.
DATE: 10/3/22
❑ Parks Comm. ❑ Planning Comm.
COMMITTEE CHAIR: KRULLER
RECOMMENDATIONS:
SPONSOR/ADMIN. Mayor's Office
COMMITTEE Unanimous Approval; Forward to Consent Agenda
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED
$0
AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $0
Fund Source: N/A
Comments: N/A
MTG. DATE
RECORD OF COUNCIL ACTION
10/17/22
Adopt resolution setting public hearing for 11/21
11/21/22
12/12/22
MTG. DATE
ATTACHMENTS
10/17/22
Informational Memorandum dated 9/22/22 with attachments
Draft Resolution Setting the Time and Place for a Public Hearing.
Minutes from 10/3/22 T&I Committee
11/21/22
Informational Memorandum dated 11/14/22
Draft Ordinance Vacating certain portions of S.140th Street.
Map of Street Vacation.
Aerial Photo Showing Street Vacation and George Long Shop Property
12/12/22
139
140
W
i City of Tukwila
TO:
FROM:
CC:
DATE:
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
City Council
Brandon Miles, Business Relations Manager
Mayor Ekberg
November 14, 2022
SUBJECT: Vacation of Unused 5.140th Street Right -of -Way at the George Long Shops
ISSUE
The proposed ordinance would vacate the unused right-of-way of 5.140th Street, east of
Interurban Ave South to the Duwamish River.
BACKGROUND
On December 13, 2021, the City Council authorized the sale of the George Long Shops
property, generally located at 14000 Interurban Ave South to King County. With the completed
work at the Heiser building, the City's Fleet and Facilities crews have moved off the George
Long site. King County would like to purchase the property on behalf of the King County Flood
District and intends to use the property for a future shoreline restoration and/or flood protection
project.
The George Long site consists of four parcels and the right-of-way of 5.140th Street. The right-
of-way has a total area of approximately 7,457 square feet. The right-of-way bisects the parcels
going east to west. This right-of-way was used as part of the operations of George Long and is
no longer needed by the City. It is not used by any other property owners for access and only
city -owned parcels touch it.
DISCUSSION
King County would like to also acquire the right-of-way as part of the purchase of the George
Long property. City Administration is proposing to vacate the right-of-way to the City and then
merge the area into the parcels to be sold to the County. The right-of-way area gives the County
flexibility in designing a shoreline habitat project.
The procedures and requirements of street vacations are laid out in Revised Code of
Washington (RCW) 35.79 and Tukwila Municipal Code (TMC) 11.60. The following provides a
brief outline of the various requirements.
Petition
The City has received a request from the City of Tukwila to vacate unused right-of-way. The
right-of-way will still be under the control of the City, but will transition from right-of-way to fee
simple ownership.
Authority to Approve Street Vacation
Pursuant to RCW 35.79 and TMC 11.60 the City Council has authority to vacate right-of-way
within the City of Tukwila.
141
142
INFORMATIONAL MEMO
Page 2
Public Notice
On October 17, 2022 the City Council adopted a resolution setting a public hearing on
November 21, 2022 for the proposed street vacation. As required by Tukwila Municipal Code
(TMC) 11.60.090 (4) all property owners within 500 feet of the proposed right-of-way were
mailed a notice about the street vacation. Additionally, a notice was posted on the site and in
the Seattle Times. Notice of the street vacation was also mailed to agencies and utilities that
might have an interest in the vacation. As of November 14, 2022, the City has received no
comments from the public, agency, or utility about the proposed vacation.
Compensation
Since the City is vacating the right-of-way to itself, the requirement for compensation will be
waived. As currently proposed, the City will receive compensation from King County for the
right-of-way commensurate with the overall purchase price of the entire George Long property'.
The estimated value for the right-of-way is approximately $200,000.
Abutting a Body of Water
RCW 35.79.035 places restrictions on the vacation of right-of-way if any portion of the street or
alley abuts a body of fresh or salt water. It's important to remember that this portion of right-of-
way has not been used as a street for a number of decades. The public has not had formal
access to it to access the abutting Duwamish River. However, staff believes that the City is in
compliance with RCW 35.79.035 pursuant to subsection (1)(a) of the section, which states:
"The vacation is sought to enable the city or town to acquire the property for port purposes,
beach or water access purposes, boat moorage or launching sites, park, public view, recreation,
or educational purposes, or other public uses."
This street vacation is being proposed so that the City can include the area of the right-of-way in
a land transaction with King County. The implicit reason why the City is selling the entirety of the
George Long property, including the right-of-way, is so King County can complete a shoreline
restoration and/or flood improvement project, meeting the "public use" requirement stated
above.
FINANCIAL IMPACT
None. As noted above, staff is proposing to waive the compensation requirement. Once the deal
with the County is completed, the City will receive compensation for the right-of-way area from
King County.
RECOMMENDATION
Staff recommends that the Council conduct the public hearing at its November 21, 2022
meeting and put the Ordinance on its December 12 special meeting for final action.
ATTACHMENTS
1. Draft Ordinance Vacating certain portions of 5.140th Street.
2. Map of Street Vacation.
3. Aerial Photo Showing Street Vacation and George Long Shop Property
1 King County is still completing its due diligence on the property and the
City and King County are still finalizing the terms of the sale.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, VACATING CERTAIN PROPERTY
LOCATED WITHIN THE CITY, DEDICATED FOR STREET
PURPOSES, GENERALLY DESCRIBED AS PORTIONS OF
SOUTH 140TH STREET; AMENDING THE OFFICIAL STREET
MAP OF THE CITY; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Chapter 11.60 of the Tukwila Municipal Code identifies street vacation
procedures including a public hearing by resolution, review and comment, public notification,
and submittal of relevant information to City Council; and
WHEREAS, upon request by City Administration, the City Council of the City of Tukwila
passed Resolution No. 2053, dated October 17, 2022, fixing the time for a public hearing for
vacation of right-of-way within the City of Tukwila dedicated for street purposes; and
WHEREAS, the City Council conducted a public hearing on November 21, 2022 for the
purpose of considering the vacation of portions of South 141st Street in the City of Tukwila, at
which time all persons interested in said vacation were invited to appear and be heard; and
WHEREAS, following conclusion of the public hearing, the City Council found the property
should be vacated, subject to certain conditions identified in this ordinance; and
WHEREAS, it does not appear that utilities exist in the right-of-way being vacated; and
WHEREAS, the City is currently finalizing a land transaction to convey the old George Long
Shop property, including the right-of-way subject to this vacation ordinance, to King County in
order for the property to be used for a future shoreline and/or flood protection project; and
WHEREAS, the City of Tukwila is the only property owner adjacent to the proposed right-
of-way to be vacated and there are no other properties that use the right-of-way for access or
utilities;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
HEREBY ORDAINS AS FOLLOWS:
CC:\Legislative Development\George Long Street Vacation 11-14-22
BM:AY Review and analysis by Andy Youn
Page 1 of 2
143
Section 1. Vacation. The following property located in the City of Tukwila is hereby
vacated:
That portion of South 140th Street east of Interurban Ave South and west of the Duwamish
River, as more particularly depicted on the map attached as Exhibit A.
Section 2. Consideration. Because the vacation is requested by a government agency,
which is the City of Tukwila, the City waives compensation requirements.
Section 3. Duties.
A. The City Clerk is hereby directed to record a copy of this ordinance with King County.
B. Upon the recording of a copy of the ordinance, the City Public Works Department shall
amend the City's official street map to be consistent with this ordinance.
Section 4. 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, including the correction of clerical errors; references to other local, state or
federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection
numbering.
Section 5. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be invalid
or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this
ordinance or its application to any other person or situation.
Section 6. Effective Date. This ordinance shall take effect five days after passage and
publication as provided by law; provided that the vacation specified above shall not become
effective until the ordinance has been recorded with King County Records.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a
Regular Meeting thereof this day of , 2022.
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:
Office of the City Attorney
Attachments: Exhibit A — Map
CC:\Legislative Development\George Long Street Vacation 11-14-22
BM:AY Review and analysis by Andy Youn
144
Ordinance Number:
Page 2 of 2
/ 843'41'42"E
2.42'
1,,=100,
CITY OF TUKWILA
(APN 336590-0925)
PORTION OF
APN 336590-0925
N00'12'45"E
18.25'
N
0
N89'56'45"E 383.29'
CITY OF TUKWILA
(APN 336590-0975)
20' STRIP
AREA OF R/W
VACATION
=7,614 SQ. FT.
N89'56'45"E 378.39'
CITY OF TUKWILA
LOT 2
BLA 84-13
CITY OF TUKWILA
LOT 1
BLA 84-13
L
GREAT AMERICAN CASINO
(APN 336590-1035)
N 16'24' 14"E
14.61'
N07'53'15"W
6.04'
DUWAMISH
RIVER
File:P:\22000s\22268\survey\22268exh01—row vacation.dwg Date/Time: 10/28/2022 6:37 AM KIM ANDERSON
SCALE:
HORIZONTAL 1"= 100' VERTICAL N/A
Barghausen
Consulting Engineers, Inc.
18215 72nd Avenue South
Kent, WA 98032
425.251.6222 barghausen.com
For:
CITY OF
TUKWILA
JOB NUMBER
22268
Title:
RIGHT-OF-WAY
VACATION
SHEET
1 of 1
DESIGNED I DRAWN K MA
!CHECKED MWD !APPROVED MWD I DATE 10/28/2022 J
145
George Long Street Vacation
9/20/2022, 10:12:29 AM
Override 1 0 City Limits Street
Parcels Buildings Addresses (Tukwila)
1:2,257
0 0.01 0.03
i i i i i r r
0 0.02 0.04 0.08 km
City of Tukwila, King County, Pictometry International Corp., King County
0.05 mi
City of Tukwila
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor's review
Council review
11/14/22
Vicky
11/21/22
Vicky
ITEM INFORMATION
ITEM NO.
6.B.
STAFF SPONSOR: VICKY CARLSEN
ORIGINAL AGENDA DATE: 11/14/ 22
AGENDA ITEM TITLE Ordinances adopting 2023 property tax levy
CATEGORY ® Discussion
Mt Date 11/14/22
❑ Motion
Mtg Date
❑ Resolution
Mtg Date
Ordinance
Mt1 Date 11/21/22
❑ Bid Award
Mtg Date
11
Public Hearing
Mt' Date 11/14/22
❑ Other
Mtg Date
SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ❑ DCD ® Finance ❑ Fire ❑ P&R ❑ Police ❑ PIC
SPONSOR'S
SUMMARY
City Council is being asked to approve two ordinances that will adopt both the regular levy
and excess levy for 2023
REVIEWED BY
❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ® Finance & Governance ❑ Planning & Community Dev.
L❑IAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 10/24/22 COMMITTEE CHAIR: QUINN
RECOMMENDATIONS:
SPONSOR/ADMIN. Finance
COMMITTEE Unanimous Approval; Forward to 11/14/22 C.O.W.
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED
AMOUNT BUDGETED
APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
11/14/22
Forward to next Regular Meeting
11/21/22
MTG. DATE
ATTACHMENTS
11/14/22
Informational Memorandum dated 10/18/22
Draft Ordinances
Preliminary Levy Limit Worksheet - 2023 Tax Roll
Minutes from the Finance & Governance Committee meeting 10/24/22
11/21/22
Final Ordinances
147
148
190$
City of T
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, INCREASING THE CITY OF
TUKWILA REGULAR LEVY FROM THE PREVIOUS YEAR,
COMMENCING JANUARY 1, 2023, 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 properlygiven notice of a pu blic hearing held on
November 14, 2022, pursuant to RCW 84.55.120; and
WHEREAS, after such hearing and after duly considering all relevant evidence and
testimony presented, the City Council has determined that in orderto discharge its expected
expenses and obligations the City requires an increase in property tax revenue from the
previous year, in addition to the increase resulting from the addition of new construction and
improvements to property and any increase in the value of State -assessed property; and
WHEREAS, the City Council has determined it is in the City's best interest and
necessaryto meet its expenses and obligations forth e propertytax reven u e to be increased
for 2023, 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. An increase in the regular property tax levy, in addition to any amount
resulting from the addition of new construction and improvements to property and any
increase in the value of State -assessed property, is hereby authorized for the 2023 levy in
the amount of $158,660, which is a percentage increase of 0.92% from the previous year.
This increase 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.
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Page 1 of 2
149
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/su bsection 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, 2023.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2022.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, CMC, 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
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150
Page 2 of 2
C Lc : Tukwila
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, 2023, 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; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Cou n cil of the City of Tukwila has considered the City's anticipated
financial requirements for 2023 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 forthe City of Tukwila, as allowed by RCW 84.52.043, is $3.825, which
includes $0.225 for the Firemen's Pension Fund as allowed by RCW 41.16.060; and
WHEREAS, the City, pursuantto 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 (togetherthe "Bonds"); and has determined that
to provide the money necessary to pay the debt service requirements on the Bonds in the
year 2023, an excess property tax levy in the amount of $4,535,975 forthe Bonds must be
levied in year 2022, and collected in year 2023; and
WHEREAS, the final assessed valuation calculation has been determined;
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151
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 $8,981,288,883,
current taxes for the ensuing year commencing January 1, 2023, in the amounts specified
below:
Rate Amount
Regular Tax Levy $1.95 $ 17,600,000
Excess Tax Levy $0.50 $ 4,535,975
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 for the
fiscal year beginning January 1, 2023. The regulartax levy includes new construction and
improvements to property, estimated to be $74,619, a re -levy of prior year refunds in the
estimated amount of $20,825, 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/su bsection 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, 2023.
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152
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2022.
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
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154
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor's review
Council review
11/14/22
VC
11/21/22
VC
ITEM INFORMATION
ITEM No.
6.C. (1)
STAFF SPONSOR: VICKY CARLSEN
ORIGINAL AGENDA DATE: 11/14/ 22
AGENDA ITEM TITLE Ordinance amending the 2022 budget
CATEGORY ® Discussion
Mt Date 11/14/22
❑ Motion
Mtg Date
❑ Resolution
Mtg Date
® Ordinance
Mtg Date 11/21/22
❑ Bid Award
Mtg Date
11
Public Hearing
Mtn Date 11/14/22
❑ Other
Mtg Date
SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ❑ DCD ® Finance ❑ Fire ❑ P&R ❑ Police ❑ PIF
SPONSOR'S
SUMMARY
City Council is being asked to approve an ordinance amending the 2021-2022 biennial
budget with final amendments for 2022
REVIEWED BY
❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ® Finance & Governance ❑ Planning & Community Dev.
L❑IAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 10/24/22 COMMITTEE CHAIR: QUINN
RECOMMENDATIONS:
SPONsoR/ADMIN. Finance
COMMITTEE Forward to 11/14/22 C.O.W.
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED
AMOUNT BUDGETED
APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
11/14/22
Forward to next Regular Meeting
11/21/22
MTG. DATE
ATTACHMENTS
11/14/22
Informational Memorandum dated 10/24/22 (updated after 10/24 FIN Committee)
Draft Ordinance (updated after 10/24 FIN Committee)
Proposed Budget Changes - Summary by Fund
Reconciliation of the 2021-2022 Budget Summary to Ordinance (updated after 10/24 FIN)
Minutes from the Finance & Governance Committee meeting 10/24/22
11/21/22
Final Ordinance
155
156
" tv 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, TO
ADOPT AN AMENDED YEAR-END BUDGET; 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 Budgetofthe City of Tukwila;
and
WHEREAS, the City has determined a need to amend the 2021-2022 Biennial
Budget before fiscal year-end; and
WHEREAS, on November 14, 2022, following required public notification, the City
Council conducted a public hearing on the proposed 2022 Year -End Budget Amendment
to the 2021-2022 Biennial Budget;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Ordinance Amended. Tukwila Ordinance No.2641 is hereby amended
with the City Cou n cil's adoption of the docu mententitled "City of Tu kwila 2021-2022 Year -
End Budget Amendment," attached hereto and incorporated by this reference as if fully
set forth herein, in accordance with RCW 35A.34.200.
Section 2. Estimated Revenues and Appropriations. The totals of the estimated
revenues and appropriations for each separate fund and the aggregate totals are as
follows:
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157
FUND
EXPENDITURES
REVENUES
000 General
$158,906,119
$158,906,119
105 Contingency
$6,940,529
$6,940,529
101 Lodging Tax
$3,300,147
$3,300,147
103 Residential Streets
$5,032,806
$5,032,806
104 Bridges and Arterial Streets
$18,143,488
$18,143,488
109 Drug Seizure
$863,773
$863,773
2XX LTGO Debt Service
$16,960,329
$16,960,329
206 LID Guaranty
$8,716,437
$8,716,437
213 UTGO Bonds
$316,293
$316,293
233 2013 LID
$1,831,397
$1,831,397
301 Land Acquisition, Recreation & Park Dev.
$6,032,635
$6,032,635
302 Urban Renewal
$5,147,261
$5,147,261
303 General Government Improvements
$918,533
$918,533
304 Fire Impact Fees
$600,500
$600,500
305 Public Safety Plan
$10,245,489
$10,245,489
306 City Facilities
$13,462,452
$13,462,452
401 Water
$22,710,878
$22,710,878
402 Sewer
$35,818,071
$35,818,071
411 Foster Golf Course
$5,198,164
$5,198,164
412 Surface Water
$25,544,931
$25,544,931
501 Equipment Rental and Replacement
$10,660,984
$10,660,984
502 Employee Healthcare Plan
$17,459,368
$17,459,368
503 LEOFF 1 Retiree Healthcare Plan
$1,187,178
$1,187,178
611 Firemen's Pension
$1,666,223
$1,666,223
Total
$377,663,987
$377,663,987
Section 3. Copies on File. A complete copy of the amended budgetfor 2021-2022,
as adopted, together with a copy of this amending ordinance, shall be kept on file
electronically by the City Clerk and accessible from the City's website in accordance with
Washington State records retention schedule requirements and City policy, and shall be
made availableto the public upon request. A copy of the amended budgetfor 2021-2022,
as adopted, together with a copy of this amending ordinance, 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.
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158
Section 4. 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 5. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 6. Effective Date. This ordinance ora summary thereof shall be published
in the official newspaperof the City and shall take effect and be in fu Il 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 , 2022.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
Allan Ekberg, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Attachment: City of Tukwila 2021-2022 Year -End Budget Amendment
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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
Amendments
Mid -Biennial
Amended
Revenues
Beginning
Fund Balance
Adjustment
2022 Year -End
Amendments
Total
Revenues
000 General _
$ 11,631,350
$ 62,749,717
$ 67,597,992
$ 141,979,059
$ 10,108,037
$ 152,087,096
$ 3,525,023
$ 3,294,000
$ 158,906,119
105 Contingency
7,101,978
20,000
20,000
7,141,978
(653,809)
6,488,169
285,896
166,463
6,940,529
101 Lodging Tax
1,742,844
406,000
456,000
2,604,844
(30,455)
2,574,389
725,758
-
3,300,147
103 Residential Street
114,810
589,000
3,456,000
4,159,810
890,102
5,049,912
(17,105)
-
5,032,806
104 Arterial Street
1,327,257
6,481,000
3,311,000
11,119,257
5,858,785
16,978,042
1,165,446
-
18,143,488
109 Drug Seizure Fund
333,243
60,500
70500
464,243
(1,709)
462,534
401,240
-
863,773
2XX LTGO Debt Service
381,630
4,362,338
8,645,004
13,408,972
3,587,898
16,996,870
(36,541)
-
16,960,329
213 UTGO Bonds
76,339
3,605,000
4,375,000
8,056,339
(66,380)
7,989,959
726,478
-
8,716,437
206 LID Guaranty
719,137
3,000
3,000
725,137
1,676
726,813
(410,519)
-
316,293
233 2013 LID
692,373
601,000
581,000
1,874,373
(69,801)
1,804,572
26,825
-
1,831,397
301 Land Acquisition, Rec & Park Dev.
2,171,922
1,942,800
475,940
4,590,662
87,458
4,678,120
1,354,515
-
6,032,635
302 Urban Renewal
1,835,169
410,000
1,860,000
4,105,169
31,975
4,137,144
1,010,117
-
5,147,261
303 General Government Imprvmnts
500,021
300,500
500
801,021
12,627
813,648
104,885
-
918,533
304 Fire Impact Fees
9,259
300,500
300,500
610,259
(9,259)
601,000
(500)
-
600,500
305 Public Safety Plan
147,873
6,705,000
6,100,000
12,952,873
3,091,140
16,044,013
(6,898,523)
1,100,000
10,245,489
306 City Facilities
4,249,144
3,450,000
-
7,699,144
1,901,718
9,600,862
361,590
3,500,000
13,462,452
401 Water
6,170,864
6,722,000
6,947,000
19,839,864
270,343
20,110,207
2,600,671
-
22,710,878
402 Sewer
12,762,798
10,032,000
10,285,000
33,079,798
602,178
33,681,976
2,136,095
-
35,818,071
411 Foster Golf Course
873,520
1,818,000
1,850,000
4,541,520
368,719
4,910,239
(12,075)
300,000
5,198,164
412 Surface Water
5,385,674
8,883,000
10,509,000
24,777,674
(502,438)
24,275,236
1,269,695
-
25,544,931
501 Equipment Rental
2,969,227
2,784,818
2,365,831
8,119,876
1,406,556
9,526,432
1,134,553
-
10,660,984
502 Insurance Fund
642,799
8,118,924
8,725,122
17,486,845
(555,257)
16,931,588
527,780
-
17,459,368
503 Insurance - LEOFF 1 Fund
243,203
316,000
436,000
995,203
93,392
1,088,595
98,584
-
1,187,178
611 Firemen's Pension
1,516,780
70,000
70,000
1,656,780
676
1,657,456
8,767
-
1,666,223
Total
$ 63,599,214
$ 130,751,097
$ 138,440,389
$ 332,790,700
$ 26,424,171
5 359,214,871
$ 10,088,653
$ 8,360,463
5 377,663,987
EXPENDITURES
2021
Expenditures
2022
Expenditures
2022 Ending
Fund Balance
TotalMid-Biennial
Expenditures
Amendments
Amended
Expenditures
2022 Year -End
Amendments
2022 Ending
Fund Balance
Total
Expenditures
000 General
$ 63,146,050
$ 66,974,260
$ 11,858,749
$ 141,979,059
$ 10,108,037
$ 152,087,096
$ 1,935,463
$ 4,883,560
$ 158,906,119
105 Contingency
-
-
7,141,978
7,141,978
(653,809)
6,488,169
-
452,360
6,940,529
101 Lodging Tax
1,101,781
1,013,209
489,854
2,604,844
(30,455)
2,574,389
-
725,758
3,300,147
103 Residential Street
369,000
3,610,000
180,010
4,159,810
890,102
5,049,912
-
(17,105)
5,032,806
104 Arterial Street
6,865,301
3,395,273
858,683
11,119,257
5,858,785
16,978,042
-
1,165,446
18,143,488
109 Drug Seizure Fund
200,000
40,000
224,243
464,243
(1,709)
462,534
205,000
196,240
863,773
2XX LTGO Debt Service
4,740,338
8,643,004
25,630
13,408,972
3,587,898
16,996,870
-
(36,541)
16,960,329
213 UTGO Bonds
3,602,975
4,374,975
78,389
8,056,339
(66,380)
7,989,959
726,478
_ 8,716,437
206 LID Guaranty
-
-
725,137
725,137
1,676
726,813
-
(410,519)
316,293
233 2013 LID
648,588
628,563
597,222
1,874,373
(69,801)
1,804,572
-
26,825
1,831,397
301 Land Acquisition, Rec & Park Dev.
2,505,000
505,000
1,580,662
4,590,662
87,458
4,678,120
500,000
854,515
6,032,635
302 Urban Renewal
1,235,000
2,786,000
84,169
4,105,169
31,975
4,137,144
-
1,010,117
5,147,261
303 General Government Imprvmnts
240,000
200,000
361,021
801,021
12,627
813,648
100,000
4,885
918,533
304 Fire Improvements
300,000
300,000
10,259
610,259
(9,259)
601,000
-
(500)
600,500
305 Public Safety Plan
2,967,817
2,390,467
7,594,589
12,952,873
3,091,140
16,044,013
1,300,000
(7,098,523)
10,245,489
306 City Facilities
7,662,408
-
36,736
7,699,144
1,901,718
9,600,862
2,500,000
1,361,590
13,462,452
401 Water
8,555,244
9,689,329
1,595,291
19,839,864
270,343
20,110,207
170,000
2,430,671
22,710,878
402 Sewer
11,751,296
11,801,825
9,526,677
33,079,798
602,178
33,681,976
1,195,000
941,095
35,818,071
411 Foster Golf Course
1,843,879
1,844,993
852,640
4,541,520
368,719
4,910.239
200,000
07,925
5,198,164
412 Surface Water
8,826,614
11,789,938
4,161,122
24,777,674
(502,438)
24,275,236
235,000
1,034,695
25,544,931
501 Equipment Rental
2,854,868
2,252,165
3,012,843
8,119,876
1,406.556
9,526,432
819,000
315,553
10,660,984
502 Insurance Fund
8,136,454
8,710,402
639,989
17,486,845
(555,257)
16,931,588
-
527,780
17,459,368
503 Insurance -LEOFF 1 Fund
486,920
497,040
11,243
995,203
93,392
1,088,595
-
98,584
1,187,178
611 Firemen's Pension
65,000
65,000
1,526,780
1,656,780
676
1,657,456
-
8,767
1,666,223
Total
$ 138,104,533
$ 141,511,443
$ 53,174,724
$ 332,790,700
$ 26,424,171
5 359,214,871
$ 9,159,463
§ 9,289,653
§ 377,663,987
160
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor's review
Council review
11/14/22
Vicky
11/21/22
Vicky
ITEM INFORMATION
ITEM No.
6.C. (2) &
6.C. (3)
STAFF SPONSOR: VICKY CARLSEN
ORIGINAL AGENDA DATE: 11/14/22
AGENDA ITEM TITLE
Ordinance adopting the 2023 - 2024 Biennial Budget and a resolution adopting the
2023 - 2028 Capital Improvement Program
CATEGORY ® Discussion
Mt Date 11/14/22
❑ Motion
Mtg Date
® Resolution
Mtg Date 11/2/22
Ordinance
ilk Date 11/21/22
❑ Bid Award
Mtg Date
11
Public Hearing
Mt' Date 11/14/22
❑ Other
Mtg Date
SPONSOR ❑ Council ❑ Mayor ❑ Adm
Svcs ❑ DCD ® Finance ❑ Fire ❑ P&R ❑ Police ❑ PIF
SPONSOR'S
SUMMARY
City Council is being asked to approve an ordinance adopting the 2023 - 2024 Biennial
Budget and a resolution adopting the 2023 - 2028 Capital Improvement Program. These
items are scheduled for Council consideration at the 11/14/22 Committee of the Whole
and 11/21/22 Regular Council meeting.
REVIEWED BY
❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ® Finance & Governance ❑ Planning & Community Dev.
L❑CAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 10/24/22 COMMITTEE CHAIR: QUINN
RECOMMENDATIONS:
SPONsoR/ADMIN. Finance
COMMITTEE Forward to 11/14/22 C.O.W.
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED
AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
11/14/22
Forward to next Regular Meeting for discussion
11/21/22
MTG. DATE
ATTACHMENTS
11/14/22
Informational Memorandum dated 10/18/22
Draft Ordinance
Draft Resolution
Reconciliation of the 2023-2024 Budget Summary to Ordinance
Minutes from the Finance & Governance Committee meeting 10/24/22
11/21/22
Final Ordinance
Final Resolution
161
162
ctv of Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF TUKWILA, WASHINGTON;
ADOPTING THE BIENNIAL BUDGET OF THE
CITY OF TUKWILA FOR THE 2023-2024
BIENNIUM; PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the preliminary budget of the City of Tukwila for the 2023-2024 biennium
was submitted to the City Council in a timely manner for their review; and
WHEREAS, a Public Hearing on the proposed budget was advertised and held on
November 14, 2022; and
WHEREAS, as budget oversight is one of its key legislative responsibilities, the City
Council conducted a thorough process to deliberate the proposed 2023-2024 Biennial
Budget;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. The City Council hereby adopts the document entitled "City of Tukwila 2023-
2024 Biennial Budget," incorporated by this reference as if fully set forth herein, in
accordance with RCW 35A.34.120.
Section 2. Cost of living adjustments (COLAs) for non -represented employees shall be
implemented per the City Council's Compensation Policy.
Section 3. A market and compression study for non -represented employees, as
included in the 2023-2024 Biennial Budget, is expected to be completed by the end of 2023
and upon completion of the study, compensation will be adjusted perthe market study with
an effective date of Jan uary 1, 2020. Adju stmentswill befornon -represented employees on
staff when the market study is completed.
Section 4. The totals of the estimated revenues and appropriations for each separate
fund and the aggregate totals are as follows:
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Total Total
Fund Expenditures Revenues
000 General $ 166,485,032 $ 166,485,032
105 Contingency 7,082,148 7,082,148
101 Hotel/Motel 3,530,201 3,530,201
103 City Street 9,326,503 9,326,503
104 Arterial Street 30,749,479 30,749,479
109 Drug Seizure Fund 666,515 666,515
2XX LTGO Debt Service Funds 11,815,404 11,815,404
213 Unlimited Tax G.O. Bonds 9,615,168 9,615,168
206 LID Guaranty 764,958 764,958
233 2013 LID 1,615,678 1,615,678
301 Land Acquisition, Recreation & Park Dev. 4,692,436 4,692,436
302 Facility Replacement 2,533,800 2,533,800
303 General Government Improvements 2,345,128 2,345,128
304 Fire Improvements 600,000 600,000
305 Public Safety Plan 2,738,557 2,738,557
306 City Facilities 6,256,324 6,256,324
401 Water 22,155, 562 22,155, 562
402 Sewer 34,034,242 34,034,242
411 Foster Golf Course 6,094,043 6,094,043
412 Surface Water 28,393,244 28,393,244
501 Equipment Rental 7,945,539 7,945,539
502 Insurance Fund 13,172,855 13,172,855
503 Insurance - LEOFF 1 Fund 959,737 959,737
611 Firemen's Pension 1,694,370 1,694,370
Total All Funds Combined $ 375,266,924 $ 375,266,924
Section 5. A complete copy of the final budget for 2023-2024, as adopted, together
with a copy of this adoptingordinance,shall be kept on file electronically by the City Clerk
and accessible from the City's website in accordance with Washington State records
retention schedule requirements and City policy, and sh all be made available to the public
upon request. A complete copy of the final budget for 2023-2024, as adopted, together
with a copy of this adopting ordinance, shall be transmitted by the City Clerk to the
Division of Municipal Corporations of the Office of the State Auditorand to the Association
of Washington Cities.
Section 6. Corrections by City Clerk or Code Reviser. Upon approval of the City
Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; referencesto other
local, state or federal laws, codes, rules, or regulations; or ordinance numbering and
section/subsection numbering.
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Section 7. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 8. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2022.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
Allan Ekberg, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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165
166
ty of Tukwiia
Washington
Resolution No.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUKWILA, WASHINGTON, ADOPTING THE 2023-
2028 FINANCIAL PLANNING MODEL AND THE
CAPITAL IMPROVEMENT PROGRAM FOR GENERAL
GOVERNMENT AND THE CITY'S ENTERPRISE FUNDS.
WHEREAS, when used in conjunction with the biennial City budget, the Capital
Improvement Program (CIP) and the Financial Planning Model for the period of 2023-
2028 are resource documents to help plan directions the City will considerforthe future;
and
WHEREAS, the Financial Planning Model and Capital Improvement Program are not
permanent fixed plans, but are guidelines or tools to help reflect future goals and future
resources at the time budgets are being planned; and
WHEREAS, the commitment of funds and resources can only be made through the
budget process;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. The City Council hereby adopts the 2023-2028 Financial Planning Model
and accompanying Capital Improvement Program, incorporated by this reference as if
fully set forth herein.
Section 2. A copy of the 2023-2028 Financial Planning Model and accompanying
Capital Improvement Program shall be kept on file electronically by the City Clerk and
accessiblefrom the City's website in accordance with Washington State records retention
schedule requirements and City policy, and shall be made available to the public upon
request.
Section 3. The assumptions, revenues and expenditures will be reviewed and
updated biennially, oras necessary, by the City Council.
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167
Section 4. The detail of Capital Improvement Program projects will be reflected in
the published Financial Planning Model and Capital Improvement Program 2023-2028.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2022.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk Thomas McLeod, Council President
APPROVED AS TO FORM BY:
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Office of the City Attorney
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168
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayors review
Conned review
11/14/22
Tony
11/21/22
Tony
ITEM INFORMATION
ITEM No.
6.D.
STAFF SPONSOR: TONY
ORIGINAL AGENDA DATE: 11/14/ 22
AGENDA ITEM TITLE
Proposed ordinance establishing a new Chapter 3 26 of the TMC entitled, "Business
and Occupation Tax," and Chapter 3.27 entitled "Business and Occupation Tax
Administrative Provisions."
CATEGORY ® Discussion
Mtn Date 11/14/22
❑ Motion
Mtg Date
❑ Resolution
Mtg Date
® Ordinance
Mtg Date 11/21/22
❑ Bid Award
Mtg Date
® Public Hearing
Mtg Date 11/14/22
❑ Other
Mtg Date
SPONSOR ❑ Council ❑ Mayor ❑ Admin Secs ❑ DCD ® Finance ❑ Fire ❑ P&R ❑ Police ❑ PIE
SPONSOR'S
SUMMARY
On 10/24/22 Finance gave a B&O presentation to the Finance and Governance Committee.
Included in the packet was the model ordinance. The same presentation was delivered to
COW on 10/24/22. On 11/14/22 we will have the 1st reading of the ordinance and hold a
public hearing. Staff is seeking Council approval to adopt the ordinance at the 11/21/22
meeting.
REVIEWED BY
❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ® Finance & Governance ❑ Planning & Community Dev.
El LTAC ❑ Arts Comm.
❑ Parks Comm. ❑ Planning Comm.
DATE: 10/24/22 COMMITTEE CHAIR: QUINN
RECOMMENDATIONS:
SPONSOR/ADMIN. Finance Department
COMMITTEE Discussion only Forward to 11/14/22 C.O.W.
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED
AMOUNT BUDGETED
APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
11/14/22
Forward to next Regular Meeting for discussion
11/21/22
MTG. DATE
ATTACHMENTS
11/14/22
Informational Memorandum with attachments
Draft Ordinance
Minutes from the 10/24/22 Finance & Governance Committee meeting
11/21/22
Final Ordinance
Updated Q&A document
Financial Forecasting document
169
170
City of Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON; ESTABLISHING A NEW
CHAPTER 3.26 OF THE TUKWILA MUNICIPAL CODE (TMC)
ENTITLED, "BUSINESS AND OCCUPATION TAX";
ESTABLISHING TMC CHAPTER3.27 ENTITLED "BUSINESS
AND OCCUPATION TAX ADMINISTRATIVE PROVISIONS";
PROVIDING FOR A REFERENDUM PROCESS; PROVIDING
FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, in 2022, during the creation of the City's 2023-2024 Biennial Budget, the
City's long-range forecast identified a structural deficit on the General Fund financial
condition resulting from several factors, including the 1% limitation on regular property
tax, the sunset of streamlined sales tax mitigation revenue, and the City's increased cost
of services that outpace the increase in property and sales tax; and
WHEREAS, pu rsuantto RCW 35A.82.020, the City of Tukwila is authorized to impose
a business and occupation tax on business activities within the City; and
WHEREAS, RCW 35.102.040 requires the City utilize the mandatory provisions of
the model ordinances developed by Washington cities when imposing a business and
occupation tax and adopting administrative provisions related to the imposition and
collection of such a tax, but also allow for flexibility to customize the ordinances based on
local goals and policies; and
WHEREAS, the model ordinance provides mandatory and standard exemptions for
potential inclusion but also gives the City the ability to create certain exemptions from
business and occupation tax including an annual gross receipts exemption threshold for
small businesses to meet the City's own objectives, exemptions to set economic policy,
and exemptions to maintain local control; and
WHEREAS, the City Council has determined that imposition of a business and
occupation tax as provided herein and providing for uniform administration of the City's
tax codes will be in the best interest of the public health, safety, and welfare;
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Chapter 3.26 of the Tukwila Municipal Code Established. A chapter of
the Tukwila Municipal Code entitled "Business and Occupation Tax," to be codified as
Tukwila Municipal Code (TMC) Chapter 3.26, is hereby established to read as follows:
CHAPTER 3.26
BUSINESS AND OCCUPATION TAX
Sections:
3.26.010 Purpose
3.26.020 Exercise of Revenue License Power
3.26.030 Administrative Provisions
3.26.040 Definitions
3.26.050 Imposition of the Tax — Tax or Fee Levied
3.26.070 Multiple Activities Credit When Activities Take Place in One or More
Cities with Eligible Gross Receipt Taxes
3.26.075 Deductions to Prevent Multiple Taxation of Manufacturing Activities
and Prior to January 1, 2008, Transactions Involving More Than
One City with An Eligible Gross Receipts Tax
3.26.076 Assignment of Gross Income Derived from Intangibles
3.26.077 Allocation and Apportionment of Income when Activities Take Place
in More than One Jurisdiction
3.26.078 Allocation and Apportionment of Printing and Publishing Income
when Activities Take Place in More than One Jurisdiction
3.26.090 Exemptions
3.26.100 Deductions
3.26.120 Tax Part of Overhead
3.26.130 Severability Clause
Section 2. Regulations Established. A new TMC Section 3.26.010 is hereby
established to read as follows:
3.26.010 Purpose
The purpose of this Chapter is to implement Washington Constitution Article XI,
Section 12, RCW 35A.11.020, and RCW 35A.82,020, which give municipalities the
authority to license for revenue. In the absence of a legal or constitutional prohibition, the
City has the power to define taxation categories as they see fit in order to respond to the
unique concerns and responsibilities of local government.
Section 3. Regulations Established. A new TMC Section 3.26.020 is hereby
established to read as follows:
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3.26.020 Exercise of Revenue License Power
The provisions of this Chapter shall be deemed an exercise of the power of the City
to license for revenue. The provisions of this Chapter are subject to periodic statutory or
administrative rule changes or judicial interpretations of the ordinances or rules. The
responsibility rests with the licensee or taxpayer to reconfirm tax computation procedures
and remain in compliance with the City code.
Section 4. Regulations Established. A new TMC Section 3.26.030 is hereby
established to read as follows:
3.26.030 Administrative Provisions
The administrative provisions contained herein and as codified in TMC Chapter 3.27
shall be fully applicable to the provisions of this Chapter, except as expressly stated to
the contrary herein.
Section 5. Regulations Established. A new TMC Section 3.26.040 is hereby
established to read as follows:
3.26.040 Definitions
In construing the provisions of this chapter, the following definitions shall be applied.
Words in the singular number shall include the plural, and the plural shall include the
singular.
A. "Business" includes all activities engaged in with the object of gain, benefit, or
advantage to the taxpayer or to another person or class, directly or indirectly.
B. "Business and occupation tax" or "gross receipts tax" means a tax imposed
on or measured by the value of products, the gross income of the business, or the gross
proceeds of sales, as the case may be, and that is the legal liability of the business.
C. "Commercial or industrial use" means the following uses of products,
including by-products, by the extractor or manufacturer thereof:
1. Any use as a consumer; and
2. The manufacturing of articles, substances or commodities.
D. "Director" mean s th e Finance Director of the City or an y officer, agentoremployee
of the City designated to act on the Director's behalf.
E. "Delivery" meansthetran sferof possession of tangible personal property between
the seller and the buyer or the buyer's representative. Delivery to an employee of a buyer is
considered delivery to the buyer. Transfer of possession of tangible personal property
occurs when the buyer or the buyer's representative first takes physical control of the
property or exercises dominion and control overthe property. Dominion and control means
the buyer has the ability to put the property to the buyer's own purposes. It means the buyer
or the buyer's representative has made the final decision to accept or reject the property,
and the seller has no further right to possession of the property and the buyer has no right
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173
to return the property to the seller, other than undera warranty contract.A buyer does not
exercise dominion and control over tangible personal property merely by arranging for
shipment of the property from the seller to itself. A buyer's representative is a person, other
than an employee of the buyer, who is authorized in writing by the buyerto receive tangible
personal property and take dominion and control by making the final decision to acceptor
reject the property. Neither a shipping company nor a seller can serve as a buyer's
representative. It is immaterial where the contract of sale is negotiated or where the buyer
obtains title to the property. Delivery terms and other provisions of the Uniform Commercial
Code (Title 62A RCW) do not determine when or where delivery of tangible personal
property occurs for purposes of taxation.
F. "Digital automated service," "digital code," and "digital goods" havethe same
meaning as in RCW 82.04.192 as now in effect or as may be subsequently amended or
recodified.
G. "Digital products" means digital goods, digital codes, digital automated services,
and the services described in RCW 82.04.050(2)(g) and (6)(b) as now in effector as may
be subsequently amended or recodified.
H. "Eligible gross receipts tax" means a tax which:
1. Is imposed on the act or privilege of engaging in business activities within TMC
Section 3.26.050; and
2. Is measured by the gross volume of business, in terms of gross receipts and
is not an income tax or value added tax; and
3. Is not, pursuantto law or custom, separately stated from the sales price; and
4. Is not a sales or use tax, business license fee, franchise fee, royalty or
severance tax measured byvolu me orweight, orcon cession charge, orpaymentforthe use
and enjoyment of property, property right or a privilege; and
5. Is a tax imposed by a local jurisdiction, whether within or without the State of
Washington, and notbya Country, State, Province, oranyother non -local jurisdiction above
the County level.
I. "Engaging in business" means commencing, conducting, or continuing in
business, and also the exercise of corporate or franchise powers, as well as liquidating a
business when the liquidators thereof hold themselvesoutto the public as conducting such
business.
1. This section sets forth examples of activities that constitute engaging in
business in the City, and establishes safe harbors for certain of those activities so that a
person who meets the criteria may engage in de minimis business activities in the City
without having to registerand obtain a business license or pay City business and occupation
taxes. The activities listed in this section are illustrative only and are not intended to narrow
the definition of "engaging in business" in TMC Section 3.26.040.1. If an activity is not listed,
whether it constitutes engaging in business in the City shall be determined by considering
all the facts and circumstances and applicable law.
2. Without being all inclusive, any one of the following activities conducted within
the City by a person, or its employee, agent, representative, independent contractor, broker
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174
or another acting on its behalf constitutes engaging in business and requires a person to
register and obtain a business license.
a. Owning, renting, leasing, maintaining, or having the right to use, or using,
tangible personal property, intangible personal property, or real property permanently or
temporarily located in the City.
b. Owning, renting, leasing, using, or maintaining, an office, place of
business, or other establishment in the City.
c. Soliciting sales.
d. Making repairs or providing maintenance or service to real or tangible
personal property, including warranty work and property maintenance.
e. Providing technical assistance or service, including quality control,
product inspections, warranty work, or similar services on or in connection with tangible
personal property sold by the person or on its behalf.
f. Installing, constructing, or supervising installation or construction of, real
or tangible personal property.
g. Soliciting, negotiating, or approving franchise, license, or other similar
agreements.
h. Collecting current or delinquent accounts.
i. Picking up and transporting tangible personal property, solid waste,
construction debris, or excavated materials.
j. Providing disinfecting and pest control services, employment and labor
pool services, home nursing care, janitorial services, appraising, landscape architectural
services, security system services, surveying, and real estate services including the listing
of homes and managing real property.
k. Rendering professional services such as those provided by accountants,
architects, attorneys, auctioneers, consultants, engineers, professional athletes, barbers,
baseball clubs and other sports organizations, chemists, consultants, psychologists, court
reporters, dentists, doctors, detectives, laboratory operators, teachers, veterinarians.
I. Meeting with customers or potential customers, even when no sales or
orders are solicited at the meetings.
m. Training or recruiting agents, representatives, independent contractors,
brokers or others, domiciled or operating on a job in the City, acting on its behalf, or for
customers or potential customers.
n. Investigating, resolving, or otherwise assisting in resolving customer
complaints.
o. In-store stocking or manipulating products or goods, sold to and owned
by a customer, regardless of where sale and delivery of the goods took place.
p. Delivering goods in vehicles owned, rented, leased, used, or maintained
by the person or another acting on its behalf.
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3. If a person, or its employee, agent, representative, independent contractor,
broker or another acting on the person's behalf, engages in no other activities in orwith the
City but the following, it need not register and obtain a business license and pay tax.
a. Meeting with suppliers of goods and services as a customer.
b. Meeting with govern ment representatives in their official capacity, other
than those performing contracting or purchasing functions.
c. Attending meetings, such as board meetings, retreats, seminars, and
conferences, or other meetings wherein the person does not provide training in connection
with tangible personal property sold by the person or on its behalf. This provision does not
apply to any board of director member or attendee engaging in business such as a member
of a board of directors who attends a board meeting.
d. Renting tangible or intangible property as a customer when the property
is not used in the City.
e. Attending, but not participating in a "trade show" or "multiple vendor
events". Persons participating ata trade show shall review the City's trade show or multiple
vendor event ordinances.
f. Conducting advertising through the mail.
g. Soliciting sales by phone from a location outside the City.
4. A seller located outsidethe City merely delivering goods into th e City by means
of common carrier is not required to register and obtain a business license, provided that it
engages in no other business activities in the City. Such activities do not include those in
TMC Section 3.26.040.1.3.
5. The City expressly intends that engaging in business include any activity
sufficient to establish nexus for purposes of applying the tax under the law and the
constitutions of the United States and the State of Washington. Nexus is presumed to
continue as long as th a taxpayer ben efits from th e activity th atcon stitu ted the original nexus
generating contact or subsequent contacts.
J. "Extracting" is the activity engaged in by an extractor and is reportable under the
extracting classification.
K. "Extractor" means every person who from the person's own land or from the land
of another under a right or license granted by lease or contract, either directly or by
contracting with others for the necessary labor or mechanical services, for sale or for
commercial or industrial use, mines, quarries, takes or produces coal, oil, natural gas, ore,
stone, sand, gravel, clay, mineral or other natural resource product; or fells, cuts or takes
timber, Christmas trees, other than plantation Christmas trees, or other natural products; or
takes fish, shellfish, or other sea or inland water foods or products. "Extractor" does not
include persons performing under contract the necessary labor or mechanical services for
others; or persons meeting the definition of farmer.
L. "Extractor for Hire" means a person who performs under contract necessary
labor or mechanical services for an extractor.
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M. "Gross income of the business" means the value proceeding or accruing by
reason of the transaction of the business engaged in and includes gross proceeds of sales,
compensation for the rendition of services, gains realized from trading in stocks, bonds, or
other evidences of indebtedness, interest, discount, rents, royalties, fees, commissions,
dividends, and otheremolu ments however designated, all withoutan ydeduction on account
of the cost of tangible property sold, the cost of materials used, labor costs, interest,
discount, delivery costs, taxes, or any other expense whatsoever paid or accrued and
without any deduction on account of losses.
N. "Gross proceeds of sales" means the value proceeding or accru ing from th e sale
of tangible personal property, digital goods, digital codes, digital automated services or for
other services rendered, without any deduction on account of the cost of property sold, the
cost of materials used, labor costs, interest, discou ntpaid, delivery costs, taxes, or any other
expense whatsoever paid or accrued and without any deduction on account of losses.
0. "Manufacturing" means the activity conducted by a manufacturer and is
reported under the manufacturing classification.
P. "Manufacturer," "to manufacture."
1. "Manufacturer" means every person who, either directly or by contracting with
others for the necessary labor or mechanical services, manufactures for sale or for
commercial or industrial use from the person's own materials or ingredients any products.
When the owner of equipment or facilities furnishes, or sells to the customer prior to
manufacture, materials or ingredients equal to less than 20% of the total value of all
materials or ingredients that become a part of the finished product, the owner of the
equipment or facilities will be deemed to be a processor for hire, and nota manufacturer.
2. "To manufacture" means all activities of a commercial or industrial nature
wherein labor or skill is applied, by hand or machinery, to materials or ingredients so that as
a result thereof a new, different or useful product is produced for sale or commercial or
industrial use, and shall include:
a. The production of special made or custom made articles;
b. The production of dental appliances, devices, restorations, substitutes, or
other dental laboratory products by a dental laboratory or dental technician;
c. Crushing and/or blending of rock, sand, stone, gravel, or ore; and
d. The producing of articles for sale, or for commercial or industrial use from
raw materials or prepared materials by giving such materials, articles, and substances of
trade or commerce newforms, qualities, propertiesorcombinations induding, but notlimited
to, such activities as making, fabricating, processing, refining, mixing, slaughtering, packing,
aging, curing, mild cu ring, preserving, can ning, and the preparing and freezing of fresh fruits
and vegetables.
3. "To manufacture" shall not include the production of digital goods or the
production of computer software if the computer software is delivered from the seller to the
purchaser by means other than tangible storage media, including the delivery by use of a
tangible storage media where thetangible storage media is not physically transferred to the
purchaser.
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Q. "Person" means any individual, receiver, administrator, executor, assignee,
trustee in bankruptcy, trust, estate, firm, co -partnership, jointventure, club, company, joint
stock company, business trust, municipal corporation, political subdivision of the State of
Washington, corporation, limited liability company, association, society, or any group of
individuals acting as a unit, whether mutual, cooperative, fraternal, non-profit, or otherwise
in the United States or any instrumentality thereof.
R. "Retailing" means the activity of engaging in making sales at retail and is reported
under the retailing classification.
S. "Retail Service" shall include the sale of or charge made for personal, business,
or professional services including amounts designated as interest, rents, fees, admission,
and other service emoluments however designated, received by persons engaging in the
following business activities:
1. Amusement and recreation services including but not limited to golf, pool,
billiards, skating, bowling, swimming, bungee ju mping, ski lifts and tows, basketball, racquet
ball, handball, squash, tennis, batting cages, day trips for sightseeing purposes, and others,
when provided to consumers. "Amusement and recreation services" also include the
provision of related facilities such as basketball courts, tennis courts, handball courts,
swimming pools, and charges made for providing the opportunity to dance. The term
"amusement and recreation services" does not include instructional lessons to learn a
particular activity such as tennis lessons, swimming lessons, or archery lessons.
2. Abstract, title insurance, and escrow services;
3. Credit bureau services;
4. Automobile parking and storage garage services;
5. Landscape maintenance and horticultural services but excluding (i)
horticultural services provided to farmers and (ii) pruning,trimming, repairing, removing, and
clearing of trees and brush near electric transmission or distribution lines or equipment, if
performed by or at the direction of an electric utility;
6. Service charges associated with tickets to professional sporting events; and
7. The following personal services: Physical fitness services, tanning salon
services, tattoo parlor services, steam bath services, Turkish bath services, escort services,
and dating services.
8. The term shall also include the renting or leasing of tangible personal property
to consumers and the rental of equipment with an operator.
T. "Sale," "casual or isolated sale."
1. "Sale" means any transfer of the ownership of, title to, or possession of,
property for a valuable consideration and includes any activity classified as a "sale at retail,"
"retail sale," or "retail service." It includes renting or leasing, conditional sale contracts,
leases with option to purchase, and any contract under which possession of the property is
given to the purchaser but title is retained by the vendor as security for the payment of the
purchase price. It also includes the furnishing of food, drink, or meals for compensation
whether consumed upon the premises or not.
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2. "Casual or isolated sale" means a sale made by a person who is not engaged
in the business of selling the type of property involved on a routine or continuous basis.
U. "Sale at retail," "retail sale"
1. "Sale at retail" or "retail sale" means every sale of tangible personal property
(including articles produced, fabricated, or imprinted)to all persons irrespective of the nature
of their business and including, among others, without limiting the scope hereof, persons
who install, repair, clean, alter, improve, construct, or decorate real or personal property of
or for consumers,otherthan asale to a person who presents a resale certificate underRCW
82.04.470 and who:
a. Purchases forthe purpose of resale as tangible personal property in the
regular course of business without intervening use by such person; or
b. Installs, repairs, cleans, alters, imprints, improves, constructs, or
decorates real or personal property of or for consumers, if such tangible personal property
becomes an ingredient or component of such real or personal property without intervening
use by such person; or
c. Purchases for the purpose of consuming the property purchased in
producing for sale a new article of tangible personal property or substance, of which such
property becomes an ingredient or componentoris a chemical used in processing, when
the primary purpose of such chemical is to create a chemical reaction directly through
contact with an ingredient of a new article being produced for sale; or
d. Purchases for the purpose of consuming the property purchased in
producing ferrosilicon which is subsequently used in producing magnesium for sale, if the
primary purpose of such property is to create a chemical reaction directlythrough contact
with an ingredient of ferrosilicon; or
e. Pu rchases forth e pu rpose of providing the property to consumersaspart
of competitive teleph one service, as defined in RCW 82.04.065. Th e term shall include every
sale of tangible personal property which is used or consumed orto be used or consumed in
the performance of any activity classified as a "sale at retail" or "retail sale" even though
such property is resold or utilized as provided in TMC Section 3.26.040.U.1.a, b, c, d, or e
following such use.
f. Purchases for the purpose of satisfying the person's obligations under an
extended warranty as defined in TMC Section 3.26.040.U.7 if such tangible personal
property replaces or becomes an ingredient or component of property covered by the
extended warranty without intervening use by such person.
2. "Sale at retail" or "retail sale" also means every sale of tangible personal
property to persons engaged in any business activity which is taxable underTMC Section
3.26.050.A.7.
3. "Sale at retail" or "retail sale" shall include the sale of or charge made for
tangible personal property consumed and/orfor labor and services rendered in respect to
the following:
a. The installing, repairing, cleaning, altering, imprinting, or improving of
tangible personal property of orfor consumers, including charges made forthe mere use of
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facilities in respectthereto,butexcludingchargesmadefortheuseofcoin -operated laundry
facilities when such facilities are situated in an apartment house, rooming house, or mobile
home park for the exclusive use of the tenants thereof, and also excluding sales of laundry
service to nonprofit health care facilities, and excluding services rendered in respect to live
animals, birds and insects;
b. The constructing, repairing, decorating, or improving of new or existing
buildings or other structures under, upon, or above real property of or for consumers,
including the installing or attaching of any article of tangible personal property therein or
thereto, whether or not such personal property becomes a part of the realty by virtue of
installation, and shall also includethe sale of services or charges made for the clearing of
land and the moving of earth excepting the mere leveling of land used in commercialfarming
or agriculture;
c. The charge for labor and services rendered in respect to constructing,
repairing, or improving any structure upon, above, orunder any real property owned by an
owner who conveys the property by title, possession, or any other means to the person
performing such construction, repair, or improvement for the purpose of performing such
construction, repair, or improvement and the property is then reconveyed by title,
possession, or any other means to the original owner;
d. The sale of or charge made for labor and services rendered in respect to
the cleaning, fumigating, razing or moving of existing buildings or structures, but shall not
include the charge made for janitorial services; and for purposes of this section the term
"janitorial services" shall mean those cleaning and caretaking services ordinarily performed
by commercial janitor service businesses including, but not limited to, wall and window
washing, floor cleaning and waxing, and the cleaning in place of rugs, drapes and
upholstery. The term "janitorial services" does not include painting, papering, repairing,
furnace or septic tank cleaning, snow removal or sandblasting;
e. The sale of or charge made for labor and services rendered in respect to
automobile towing and similarautomotive transportation services, butnotin respecttothose
required to report and pay taxes under chapter 82.16 RCW;
f. The sale of and charge made for the furnishing of lodging and all other
services, except telephone business and cable service, by a hotel, rooming house, tourist
court, motel, trailer camp, and the granting of any similar license to use real property, as
distinguished from the renting or leasing of real property, and it shall be presumed that the
occu pancy of real propertyfor a continuous period of one month or more constitutes a rental
or lease of real property and nota mere license to use or enjoy the same. For the purposes
of this subsection, it shall be presumed that the sale of and charge made for the furnishing
of lodging fora continuous period of one month or more to a person is a rental or lease of
real property and not a mere license to enjoy the same;
g.
consumers;
The installing, repairing, altering, or improving of digital goods for
h. The sale of or charge made for tangible personal property, labor and
services to persons taxable under TMC Section 3.26.040.U.3.a, b, c, d, e, f, and g when
such sales or charges are for property, labor and services which are used or consumed in
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whole or in part by such persons in the performance of any activity defined as a "sale at
retail" or "retail sale" even though such property, labor an d services may be resold aftersuch
use or consumption. Nothing contained in this section shall be construed to modify TMC
Section 3.26.040.U.1 and nothing contained in TMC Section 3.26.040.U.1 shall be
construed to modify this subsection.
4. "Sale at retail" or "retail sale" shall also include the providing of competitive
telephone service to consumers.
5. "Sale at retail" or "retail sale":
a. "Sale at retail" or "retail sale" shall also include the sale of prewritten
software other than a sale to a person who presents a resale certificate under RCW
82.04.470, regardless of the method of delivery to the end user. For the purposes of this
section, the sale of prewritten computer software includes the sale of or charge made for a
key or an enabling or activation code, where th e keyorcode is required to activate prewritten
computer software and put the software into use. There is no separate sale of the key or
code from the prewritten computer software, regardless of how the sale may be
characterized bythevendor orbythe purchaser.Theterm "sale at retail" or "retail sale" does
not include the sale of or charge made for:
i. Custom software; or
ii. The customization of prewritten software.
b. The term also includes the charge made to consumers forthe right to
access and use prewritten computer software, where possession of the software is
maintained by the seller ora third party, regardless of whether the charge forthe service is
on a per use, per user, per license, subscription, or some other basis.
i. The service described in TMC Section 3.26.040.U.5.b includes the
right to access and use prewritten software to perform data processing.
ii. For the purposes of TMC Section 3.26.040.U.5.b(i), "data
processing" means the systematic performance of operations on data to extract the required
information in an appropriate form or to convert the data to usable information. Data
processing includes check processing, image processing, form processing, survey
processing, payroll processing, claim processing, and similar activities.
6. "Sale at retail" or "retail sale" shall also include the sale of or charge made for
labor and services rendered in respect to the building, repairing, or improving of any street,
place, road, highway, easement, rightofway, mass pu blictransportation terminal orparking
facility, bridge, tunnel, or trestle which is owned by a municipal corporation or political
subdivision of the state, the State of Washington, or by the United States and which is used
or to be used primarilyforfoot or vehicular traffic including mass transportation vehides of
any kind.
7. "Sale at retail" or "retail sale" shall also include the sale of or charge made for
an extended warranty to a consumer. For purposes of this subsection, "extended warrant"
means an agreementfora specified duration to perform the replacementorrepairof tangible
personal property atnoadditional charge ora reduced charge fortangible personal property,
labor, or both, or to provide indemnification forthe replacementorrepairof tangible personal
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property, based on the occurrence of specified events. The term "extended warranty" does
not include an agreement, otherwise meeting the definition of extended warranty in this
subsection, if no separate charge is made forth e agreemen tan d the valu e of the agreement
is included in the sales price of the tangible personal property covered by the agreement.
8. "Sale at retail" or "retail sale" shall also include the sale of or charge made for
labor and services rendered in respect to the constructing, repairing, decorating, or
improving of neworexisting buildings oroth erstru ctu res under, upon, orabove real property
of or for the United States, any instrumentality thereof, ora county or city housing authority
created pursuant to chapter 35.82 RCW, including the installing, or attaching of any article
of tangible personal property therein or thereto, whether or not such personal property
becomes a part of the realty by virtue of installation (government contracting).
9. "Sale at retail" or "retail sale" shall not include the sale of services or charges
made for the clearing of land and the moving of earth of or for the United States, any
instru mentality thereof, or a county or city housing authority. Nor shall the term include the
sale of services or charges made for cleaning up for the United States, or its
instrumentalities, radioactive waste and other byproducts of weapons production and
nuclear research and development.
10. "Sale at retail" or "retail sale" shall not include the sale of or charge made for
labor and services rendered for environmental remedial action.
11. "Sale at retail" or "retail sale" shall also include the following sales to consumers
of digital goods, digital codes, and digital automated services:
a. Sales in which the sellerhasgranted the purchaserthe rightof permanent
use;
b. Sales in which the seller has granted the purchaser a right of use that is
less than permanent;
c. Sales in which the purchaser is not obligated to make continued payment
as a condition of the sale; and
d. Sales in which the purchaser is obligated to make continued payment as
a condition of the sale. A retail sale of digital goods, digital codes, or digital automated
services under TMC Section 3.26.040.0 .5.b.2 includes any services provided by the seller
exclusively in connection with the digital goods, digital codes, or digital automated services,
whetherornota separate charge is made for such services. Forpurposes of th is subsection,
"permanent" means perpetual or for an indefinite or unspecified length of time. A right of
permanent use is presumed to have been granted unless the agreement between the seller
and the purchaser specifies or the circumstances surrounding the transaction suggest or
indicate that the right to use terminates on the occurrence of a condition subsequent.
12. "Sale at retail" or "retail sale"shall also include the installing, repairing, altering,
or improving of digital goods for consumers.
V. "Sale at wholesale," or "wholesale sale" means any sale of tangible personal
property, digital goods, digital codes, digital automated services, prewritten computer
software, or services described in TMC Section 3.26.040.U.5.b.i, which is not a retail sale,
and any charge made for labor and services rendered for persons who are not consumers,
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in respectto real or personal property and retail services, if such charge is expressly defined
as a retail sale or retail service when rendered to or for consumers. Sale at wholesale also
in cludes th e sale of telephone business to an oth ertelecommunications company as defined
in RCW 80.04.010 for the purpose of resale, as contemplated by RCW 35.21.715.
W. "Taxpayer" means any "person", as herein defined, required to have a business
license under this chapter or liable for the collection of any tax orfee underthis chapter, or
who engages in any business or who performs any act for which a tax or fee is imposed by
this chapter.
X. "Value proceeding or accruing" means the consideration, whether money,
credits, rights, or other property expressed in terms of money, a person is entitled to receive
or which is actually received or accrued. The term shall be applied, in each case, on a cash
receipts or accrual basis according to which method of accounting is regularly employed in
keeping the books of the taxpayer.
Y "Value of products"
1. The value of products, including by-products, extracted or manufactured, shall
be determined by the gross proceeds derived from the sale thereof whether such sale is at
wholesale or at retail, to which shall be added all subsidies and bonuses received from the
purchaser or from any other person with respect to the extraction, manufacture, or sale of
such products or by-products by the seller.
2. Where such products, including by-products, are extracted or manufactured
for commercial or industrial use; and where such products, including by-products, are
shipped, transported ortransferred out of the City, or to another person, without prior sale
or are sold under circumstances such that the gross proceeds from the sale are not
indicative of the true value of the subject matter of the sale; the value shall correspond as
nearly as possible to the gross proceeds from sales in this state of similar products of like
quality and character, and in similar quantities by other taxpayers, plus the amount of
su bsidiesorbon uses ordinarily payable by th e pu rchaseror by an yth ird person with respect
to the extraction, manufacture, or sale of such products. In the absence of sales of similar
products as a guide to value, such value may be determined upon a cost basis. In such
cases, there shall be included every item of cost attributable to the particulararticle orarti de
extracted or manufactured, including direct and indirect overhead costs. The Director may
prescribe rules for the purpose of ascertaining such values.
3. Notwithstanding TMC Section 3.26.040.Y.2 above, the value of a product
manufactured or produced for purposes of serving as a prototype for the development of a
new or improved product shall correspond to (a) the retail selling price of such new or
improved productwhen first offered for sale; or (b) the value of materials incorporated into
the prototype in cases in which the new or improved product is not offered for sale.
Z "Wholesaling" means engaging in the activity of making sales at wholesale, and
is reported under the wholesaling classification.
Section 6. Regulations Established. A new TMC Section 3.26.050 is hereby
established to read as follows:
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3.26.050 Imposition of the Tax — Tax or Fee Levied
A. Except as provided in TMC Section 3.26.050.B, there is hereby levied upon and
shall be collected from every person a tax for the act or privilege of engaging in business
activities within the City, whether the person's office or place of business be within or
without the City. The tax shall be in amounts to be determined by application of rates
against gross proceeds of sale, gross income of business, or value of products, including
by-products, as the case may be, as follows:
1. Upon every person engaging within the City in business as an extractor; as
to such persons the amountof the tax with respect to such business shall be equal to the
value of the products, including by-products, extracted within the City for sale or for
commercial or industrial use, multiplied by the rate of 0.085%. The measure of the tax is
the value of the products, including by-products, so extracted, regardless of the place of
sale or the fact that deliveries may be made to points outside the City.
2. Upon every person engaging within the City in business as a manufacturer,
as to such persons the amountof the tax with respect to such business shall be equal to
the value of the products, including by-products, manufactured within the City, multiplied
by the rate of 0.085%. The measure of the tax is the value of the products, including by-
products, so manufactured, regardless of the place of sale or the fact that deliveries may
be made to points outside the City.
3. Upon every person engaging with in the City in the business of making sales
at wholesale, as to such persons, the amountof tax with respect to such business shall
be equal to the gross proceeds of such sales of the business without regard to the place
of delivery of articles, commodities or merchandise sold, multiplied by the rate of 0.085%.
4. Upon every person engaging within the City in the business of making sales
at retail, as to such persons, the amount of tax with respect to such business shall be
equal to the gross proceeds of such sales of the business, without regard to the place of
delivery of articles, commodities or merchandise sold, multiplied by the rate of 0.05%.
5. Upon every person engaging within the City in the business of making sales
of retail services; as to such persons, the amount of tax with respect to such business
shall be equal to the gross proceeds of sales multiplied by the rate of 0.05%.
6. Upon every person engaging within the City in the businessof(i) printing,(ii)
both printing and publishing newspapers, magazines, periodicals, books, music, and
other printed items, (iii) pu blishing newspapers, magazines and periodicals, (iv) extracting
for hire, and (v) processing for hire; as to such persons, the amount of tax on such
business shall be equal to the gross income of the business multiplied by the rate of
0.085%.
7. Upon every other person engaging within the City in any business activity
other than or in addition to those enumerated in the above subsections; as to such
persons, the amou ntof tax on accou ntof such activities shall be equal to the gross income
of the business multiplied by the rate of 0.085%. This subsection includes, among others,
and without limiting the scope hereof (whether or not title to material used in the
performance of such business passes to another by accession, merger or other than by
outright sale), persons engaged in the business of developing, or producing custom
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software or of customizing canned software, producing royalties or commissions, and
persons engaged in the business of rendering any type of service which does not
constitute a sale at retail, a sale at wholesale, or a retail service.
B. The gross receipts tax imposed in this section shall not apply to any person
whose gross proceeds of sales, gross income of the business, and value of products,
including by-products, as the case may be, from all activities conducted within the City
during any calendar year is equal to or less than $750,000.
Section 7. Regulations Established. A new TMC Section 3.26.070 is hereby
established to read as follows:
3.26.070 Multiple Activities Credit When Activities Take Place in One or More Cities
with Eligible Gross Receipt Taxes
A. Persons who engage in business activities that are within the purview of two or
more subsections of TMC Section 3.26.050 shall be taxable under each applicable
subsection.
B. Notwithstanding anything to the contrary herein, if imposition of the City's tax
would place an undue burden upon interstate commerce or violate constitutional
requirements, a taxpayer shall be allowed a credit to the extent necessary to preserve the
validity of the City's tax, and still apply the City tax to as much of the taxpayer's activities
as may be subject to the City's taxing authority.
C. To take the credit authorized by this section, a taxpayer must be able to
document that the amount of tax sought to be credited was paid upon the same gross
receipts used in computing the tax against which the credit is applied.
D. Credit for persons that sell in the City products that they extract or
manufacture. Persons taxable under the retailing or wholesaling classification with
respect to selling products in this City shall be allowed a credit against those taxes for
any eligible gross receipts taxes paid (a) with respect to the manufacturing of the products
sold in the City, and (b) with respect to the extracting of the products, or the ingredients
used in the products, sold in the City. The amount of the credit shall not exceed the tax
liability arising under this chapter with respect to the sale of those products.
E. Credit for persons that manufacture products in the City using ingredients
they extract. Persons taxable under the manufacturing classification with respect to
manufacturing products in this City shall be allowed a credit against those taxes for any
eligible gross receipts tax paid with respect to extracting the ingredients of the products
manufactured in the City. The amountof the credit shall not exceed the tax liabilityarising
under this chapter with respect to the manufacturing of those products.
F. Credit for persons that sell within the City products that they print, or
publish and print. Persons taxable under the retailing or wholesaling classification with
respect to selling products in this City shall be allowed a credit against those taxes for
any eligible gross receipts taxes paid with respect to the printing, or the printing and
publishing, of the products sold within the City. The amountof the credit shall not exceed
the tax liability arising under this chapter with respect to the sale of those products.
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Section 8. Regulations Established. A new TMC Section 3.26.075 is hereby
established to read as follows:
3.26.075 Deductions to Prevent Multiple Taxation of Manufacturing Activities and
Prior to January 1, 2008, Transactions Involving More Than One City with An
Eligible Gross Receipts Tax
A. Amounts subject to an eligible gross receipts tax in another city that also
maintains nexus over the same activity. For taxes due prior to January 1, 2008, a
taxpayer that is subject to an eligible gross receipts tax on the same activity in more than
one jurisdiction may be entitled to a deduction as follows:
1. A taxpayer that has paid an eligible gross receipts tax, with respect to a sale
of goods or services, to a jurisdiction in which the goods are delivered or the services are
provided may deduct an amount equal to the gross receipts used to measure that tax
from the measure of the tax owed to the City.
2. Notwithstanding the above, a person that is subject to an eligible gross
receipts tax in more than one jurisdiction on the gross income derived from intangibles
such as royalties, trademarks, patents, or goodwill shall assign those gross receipts to
the jurisdiction where the person is domiciled (its headquarters is located).
3. A taxpayer that has paid an eligible gross receipts tax on the privilege of
accepting or executing a contract with another city may deduct an amount equal to the
contract price used to measure the tax due to the other city from the measure of the tax
owed to the City.
B. Person manufacturing products within and without. A person manufacturing
products within the City using products manufactured by the same person outside the
City may deduct from the measure of the manufacturing tax the value of products
manufactured outside the City and included in the measure of an eligible gross receipts
tax paid to the other jurisdiction with respect to manufacturing such products.
Section 9. Regulations Established. A new TMC Section 3.26.076 is hereby
established to read as follows:
3.26.076 Assignment of Gross Income Derived from Intangibles
Gross income derived from the sale of intangibles such as royalties, trademarks,
patents, or goodwill shall be assigned to the jurisdiction wherethe person is domiciled (its
headquarters is located).
Section 10. Regulations Established. A new TMC Section 3.26.077 is hereby
established to read as follows:
3.26.077 Allocation and Apportionment of Income when Activities Take Place in
More than One Jurisdiction
Effective January 1, 2024, gross income, otherthan persons subjectto the provisions
of chapter 82.14A RCW, shall be allocated and apportioned as follows:
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A. Gross income derived from all activities other than those taxed as service or
royalties under TMC Section 3.26.050.A.7. shall be allocated to the location where the
activity takes place.
B. In the case of sales of tangible personal property, the activity takes place where
delivery to the buyer occurs.
C. In the case of sales of digital products, the activity takes place where delivery to
the buyer occurs. The delivery of digital products will be deemed to occur at:
1. The seller's place of business if the purchaser receives the digital product at
the seller's place of business;
2. If not received at the seller's place of business, the location where the
purchaser or the purchaser's donee, designated as such by the purchaser, receives the
digital product, including the location indicated by instructions fordelivery to the purchaser
or donee, known to the seller;
3. If the location where the purchaser or the purchaser's donee receives the
digital product is not known, the purchaser's address maintained in the ordinary course
of the seller's business when use of this address does not constitute bad faith;
4. If no address for the purchaser is maintained in the ordinary course of the
seller's business, the purchaser's address obtained during the consummation of the sale,
including the address of a purchaser's payment instrument, if no other address is
available, when use of this address does not constitute bad faith; and
5. If no address for the purchaser is obtained during the consummation of the
sale, the address where the digital good or digital code is first made available for
transmission by the seller or the address from which the digital automated service or
service described in RCW 82.04.050 (2)(g) or (6)(b) was provided, disregarding forthese
purposes any location that merely provided the digital transfer of the product sold.
D. If none of the methods in TMC Section 3.26.077.0 for determining where the
delivery of digital products occurs are available aftera good faith effort by the taxpayer to
apply the methods provided in TMC Section 3.26.077.C.1 through TMC Section
3.26.077.C.5, then the City and the taxpayer may mutually agree to employ any other
method to effectuate an equitable allocation of income from the sale of digital products.
The taxpayer will be responsible for petition in g the C ity to use an alternative method under
TMC Section 3.26.077.D. The City may employ an alternative method for allocating the
income from the sale of digital products if the methods provided in TMC Section
3.26.077.C.1 through TMC Section 3.26.077.C.5 are not available and the taxpayer and
the City are unable to mutually agree on an alternative method to effectuate an equitable
allocation of income from the sale of digital products.
E. For purposes of TMC Section 3.26.077.C.1 through TMC Section 3.26.077.C.5,
the following definitions apply:
1. "Digital automated services," "digital codes," and "digital goods" have the
same meaning as in RCW 82.04.192;
2. "Digital products" means digital goods, digital codes, digital automated
services, and the services described in RCW 82.04.050(2)(g) and (6)(c); and
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3. "Receive" has the same meaning as in RCW 82.32.730.
F. Gross income derived from activities taxed as services and other activities taxed
under TMC Section 3.26.050.A.7 shall be apportioned to the City by multiplying
apportionable income by a fraction, the numerator of which is the payroll factor plus the
service income factor and the denominator of which is two.
1. The payroll factor is a fraction, the numerator of which is the total amount
paid in the City during the tax period by the taxpayer for compensation and the
denominator of which is the total compensation paid everywhere during the tax period.
Compensation is paid in the City if:
a. The individual is primarily assigned within the City;
b. The individual is not primarily assigned to any place of business for the
tax period and the employee performs 50% or more of his or her service for the tax period
in the City; or
c. The individual is not primarily assigned to any place of business for the
tax period, the individual does not perform 50% or more of his or her service in any city
and the employee resides in the City.
2. The service income factor is a fraction, the numerator of which is the total
service income of the taxpayer in the City during the tax period, and the denominator of
which isthetotal service income of the taxpayer everywhere du ring the tax period. Service
income is in the City if the customer location is in the City.
3. Gross income of the business from engaging in an apportionable activity
must be excluded from the denominator of the service income factor if, in respect to such
activity, at least some of the activity is performed in the City, and the gross income is
attributable under TMC Section 3.26.077.F.2 to a city or unincorporated area of a county
within the United States or to a foreign country in which the taxpayer is not taxable. For
purposes of TMC Section 3.26.077.F.3, "not taxable" means that the taxpayer is not
subject to a business activities tax by that city or county within the United States or by
that foreign country, except that a taxpayer is taxable in a city or county within the United
States or in a foreign country in which it would be deemed to have a substantial nexus
with the city or county within the United States or with the foreign country under the
standards in RCW 35.102.050 regardless of whether that city or county with in the United
States or that foreign country imposes such a tax.
4. If the allocation and apportionment provisions of TMC Section 3.26.077.F do
not fairly represent the extent of the taxpayer's business activity in the City, the taxpayer
may petition for or the tax administrator may require, in respect to all or any part of the
taxpayer's business activity, if reasonable:
a. Separate accounting;
b. The exclusion of any one or more of the factors;
c. The inclusion of one or more additional factors that will fairly represent
the taxpayer's business activity in the City; or
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d. The employment of any other method to effectuate an equitable
allocation and apportionment of the taxpayer's income.
5. The party petitioning for, or the tax administrator requiring, the use of any
method to effectuate an equitable allocation and apportionment of the taxpayer's income
pursuant to TMC Section 3.26.077.F.4 must prove by a preponderance of the evidence:
a. That the allocation and apportionment provisions of this TMC Section
3.26.077.F do notfairly represent the extent of the taxpayer's business activity in the City;
and
b. That the alternative to such provisions is reasonable.
c. The same burden of proof shall apply whether the taxpayer is
petitioning for, or the tax administrator is requiring, the use of an alternative, reasonable
method to effectuate an equitable allocation and apportion mentof the taxpayer's income.
6. If the tax administrator requires any method to effectuate an equitable
allocation and apportionment of the taxpayer's income, the tax administrator cannot
impose any civil or criminal penalty with reference to the tax due that is attributable to the
taxpayer's reasonable reliance solely on the allocation and apportionment provisions of
TMC Section 3.26.077.F.
7. A taxpayer that has received written permission from the tax administrator to
use a reasonable method to effectuate an equitable allocation and apportionment of the
taxpayer's income shall not have that permission revoked with respect to transactions
and activities that have already occurred unless there has been a material change in, or
a material misrepresentation of, the facts provided by the taxpayer upon which the tax
administrator reasonably relied in approving a reasonable alternative method.
G. The definitions in this subsection apply throughout this section.
1. "Apportionable income" means the gross income of the business taxable
under the service classifications of a city's gross receipts tax, including income received
from activities outside the City if the income would be taxable under the service
classification if received from activities within the City, less any exemptions or deductions
available.
2. "Business activities tax" means a tax measured by the amount of, or
economic results of, business activity conducted in a city or county within the United
States or within a foreign country. The term includes taxes measured in whole or in part
on net income or gross income or receipts. "Business activities tax" does not include a
sales tax, use tax, or a similar transaction tax, imposed on the sale or acquisition of goods
or services, whether or not denominated on a gross receipts tax or a tax imposed on the
privilege of doing business.
3. "Compensation" means wages, salaries, commissions, and any other form
of remuneration paid to individuals for personal services that are or would be included in
the individual's gross income under the federal Internal Revenue Code.
4. "Customer" means a person or entity to whom the taxpayer makes a sale
or renders services or from whom the taxpayer otherwise receives gross income of the
business.
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5. "Customer location" means the following:
a. For a customer not engaged in business, if the service requires the
customer to be physically present, where the service is performed.
b. For a customer not engaged in business, if the service does not require
the customer to be physically present:
(1) The customer's residence; or
(2) If the customer's residence is not known, the customer's
billing/mailing address.
c. Fora customer engaged in business:
(1) Where the services are ordered from;
(2) At the customer's billing/mailing address if the location from which
the services are ordered is not known; or
(3) At the customer's commercial domicile if none of the above are
known.
6. "Individual" means any individual who, underthe usual common law rules
applicable in determining the employer-employee relationship, has the status of an
employee of that taxpayer.
7. "Primarily assigned" means the business location of the taxpayer where
the individual performs his or her duties.
8. "Service -taxable income" or "service income" means gross income of
the business subject to tax under either the service or royalty classification.
9. "Tax period" means the calendar year during which tax liability is accrued.
If taxes are reported by a taxpayer on a basis more frequentthan once peryear, taxpayers
shall calculate the factors for the previous calendar year for reporting in the current
calendar year and correct the reporting for the previous year when the factors are
calculated for that year, but not later than the end of the first quarter of the following year.
H. Assignment or apportionment of revenue under this section shall be made in
accordance with and in full compliance with the provisions of the interstate commerce
clause of the United States Constitution where applicable.
Section 11. Regulations Established. A new TMC Section 3.26.078 is hereby
established to read as follows:
3.26.078 Allocation and Apportionment of Printing and Publishing Income when
Activities Take Place in More than One Jurisdiction
Notwithstanding RCW 35.102.130, effective January 1, 2008, gross income from the
activities of printing, and of publishing newspapers, periodicals, or magazines, shall be
allocated to the principal place in this state from which the taxpayer's business is directed
or managed. As used in this section, the activities of printing, and of publishing
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newspapers, periodicals, or magazines, have the same meanings as attributed to those
terms in RCW 82.04.280(1) by the Department of Revenue.
Section 12. Regulations Established. A new TMC Section 3.26.090 is hereby
established to read as follows:
3.26.090 Exemptions
A. Public utilities. This chapter shall not apply to any person in respect to a
business activity with respect to which tax liability is specifically imposed under the
provisions of TMC Chapter 3.50.
B. Investments - dividends from subsidiary corporations. This chapter shall not
apply to amounts derived by persons, other than those engaging in banking, loan,
security, or other financial businesses, from investments or the use of money as such,
and also amounts derived as dividends by a parent from its subsidiary corporations.
C. Insurance business. This chapter shall not apply to amounts received by any
person who is an insurer or their appointed insurance producer upon which a tax based
on gross premiums is paid to the state pursuant to RCW 48.14.020, and provided further,
that the provisions of this subsection shall n otexempt any bonding companyfrom tax with
respect to gross income derived from the completion of any contract as to which it is a
surety, or as to any liability as successor to the liability of the defaulting contractor.
D. Employees.
1. This chapter shall not apply to any person in respect to the person's
employment in the capacity as an employee or servant as distinguished from that of an
independent contractor. For the purposes of this subsection, the definition of employee
shall include those persons that are defined in the Internal Revenue Code, as hereafter
amended.
2. A booth renter is an independent contractor for purposes of this chapter.
E. Amounts derived from sale of real estate. This chapter shall notapplyto gross
proceeds derived from the sale of real estate. This, however, shall not be construed to
allow an exemption of amounts received as commissions from the sale of real estate, nor
as fees, handling charges, discounts, interest or similar financial charges resulting from,
or relating to, real estate transactions. This chapter shall also not apply to amounts
received for the rental of real estate if the rental income is derived from a contract to rent
for a continuous period of 30 days or longer.
F. Mortgage brokers' third -party provider services trust accounts. This chapter
shall not apply to amounts received from trust accounts to mortgage brokers for the
payment of third -party costs if the accounts are operated in a manner consistent with
RCW 19.146.050 and any rules adopted by the director of financial institutions.
G. Amounts derived from manufacturing, selling or distributing motor vehicle
fuel. This chapter shall not apply to the manufacturing, selling, or distributing motor
vehicle fuel, as the term "motor vehicle fuel" is defined in RCW 82.38.020 and exempt
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under RCW 82.38.280, provided that any fuel not subjected to the state fuel excise tax,
or any other applicable deduction or exemption, will be taxable under this chapter.
H. Amounts derived from liquor, and the sale or distribution of liquor. This
chapter shall not apply to liquor as defined in RCW 66.04.010 and exempt in RCW
66.08.120.
I. Casual and isolated sales. This chapter shall not apply to the gross proceeds
derived from casual or isolated sales.
J. Accommodation sales. This chapter shall not apply to sales for resale by
persons regularly engaged in the business of making retail sales of the type of property
so sold to other persons similarly engaged in the business of selling such property where
(1) the amount paid by the buyer does not exceed the amount paid by the seller to the
vendor in the acquisition of the article and (2) the sale is made as an accommodation to
the buyer to enable the buyer to fill a bona fide existing order of a customer or is made
within 14 days to reimburse in kind a previous accommodation sale by the buyer to the
seller.
K. Taxes collected as trust funds. This chapter shall not apply to amounts
collected by the taxpayer from third parties to satisfy third party obligations to pay taxes
such as the retail sales tax, use tax, and admission tax.
L. Nonprofit organizations. This chapter shall notapplyto entities that are exempt
from federal income tax under Section 501(c)(3) of the Internal Revenue Code, except
retail sales.
M. Businesses operating as a public card room. This chapter shall not apply to
entities operating "public card rooms," as defined in WAC 230-15-001.
N. Amateur/Professional/Semi-professional sports teams. This chapter shall
not apply to amateur, professional or semi-professional sports teams or clubs operating
in the City primarily engaged in participating in live sporting events, such as baseball,
basketball, football, hockey, soccer, and jai alai games, before a paying audience. These
teams or clubs may or may not operate their own arena, stadium, or other facility for
presenting these events.
Section 13. Regulations Established. A new TMC Section 3.26.100 is hereby
established to read as follows:
3.26.100 Deductions
In computing the license fee or tax, there may be deducted from the measure of tax
the following items:
A. Receipts from tangible personal property delivered outside the State. In
computing tax, there may be deducted from the measure of tax under retailing or
wholesaling amounts derived from the sale of tangible personal property that is delivered
by the seller to the buyer or the buyer's representative at a location outside the State of
Washington.
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B. Cash discount taken by purchaser. In computing tax, there may be deducted
from the measure of tax the cash discountamounts actually taken by the purchaser. This
deduction is not allowed in arriving at the taxable amount under the extracting or
manufacturing classifications with respect to articles produced or manufactured, the
reported values of which, for the purposes of this tax, have been computed according to
the "value of product" provisions.
C. Credit losses of accrual basis taxpayers. In computing tax, there may be
deducted from the measure of tax the amount of credit losses actually sustained by
taxpayers whose regular books of account are kept upon an accrual basis.
D. Constitutional prohibitions. In computing tax, there may be deducted from the
measure of thetax amou nts derived from business which the City is prohibited from taxing
underthe Constitution of the State of Washington orthe Constitution of the United States.
E. Receipts from the Sale of Tangible Personal Property and Retail Services
Delivered Outside the City but Within Washington. Effective January 1, 2024,
amounts included in the gross receipts reported on the tax return derived from the sale of
tangible personal property delivered to the buyer or the buyer's representative outside the
City but within the State of Washington maybe deducted from the measure of tax under
the retailing, retail services, or wholesaling classification.
F. Professional employer services. In computing the tax, a professional employer
organization may deduct from the calculation of gross income the gross income of the
business derived from performing professional employer services that is equal to the
portion of the fee charged to a clientthat represents the actual cost of wages and salaries,
benefits, workers' compensation, payroll taxes, withholding, or other assessments paid to
or on behalf of a covered employee by the professional employer organization undera
professional employer agreement.
G. Interest on investments or loans secured by mortgages or deeds of trust.
In computing tax, to the extent permitted by Chapter82.14A RCW, there may be deducted
from the measure of tax by those engaged in banking, loan, security or other financial
businesses, amounts derived from interest received on investments or loans primarily
secured by first mortgages or trust deeds on non -transient residential properties.
Section 14. Regulations Established. A new TMC Section 3.26.120 is hereby
established to read as follows:
3.26.120 Tax Part of Overhead
It is not the intention of this chapter that the taxes or fees herein levied upon persons
engaging in business be construed as taxes or fees upon the purchasers or customer,
butthatsuch taxes or fees shall be levied upon, and collectible from, the person engaging
in the business activities herein designated and that such taxes or fees shall constitute a
part of the cost of doing business of such persons.
Section 15. Regulations Established. A new TMC Section 3.26.130 is hereby
established to read as follows:
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3.26.130 Severability Clause
If any provision of this chapter or its application to any person or circumstance is
held invalid, the remainder of the chapter or the application of the provision to other
persons or circumstances shall not be affected.
Section 16. Chapter 3.27 of the Tukwila Municipal Code Established. A chapter
of the Tukwila Municipal Code entitled "Business and Occupation Tax Administrative
Provisions," to be codified as Tukwila Municipal Code (TMC) Chapter 3.27, is hereby
established to read as follows:
CHAPTER 3.27
BUSINESS AND OCCUPATION TAX ADMINISTRATIVE PROVISIONS
Sections:
3.27.010 Purpose
3.27.015 Application of Chapter Stated
3.27.020 Definitions
3.27.021 Definitions — References to Chapter 82.32 RCW
3.27.025 Registration/License Requirements
3.27.040 When Due and Payable — Reporting Periods — Monthly, Quarterly,
and Annual Returns — Threshold Provisions or Relief from Filing
Requirements — Computing Time Periods — Failure to File Returns
3.27.050 Payment Methods — Mailing Returns or Remittances — Time
Extension — Deposits — Recording Payments — Payment Must
Accompany Return — NSF Checks
3.27.060 Records to be Preserved — Examination — Estoppel to Question
Assessment
3.27.070 Accounting Methods
3.27.080 Public Work Contracts — Payment of Fee and Tax Before Final
Payment for Work
3.27.090 Underpayment of Tax, Interest, or Penalty — Interest
3.27.095 Time in Which Assessment May Be Made
3.27.100 Over Payment of Tax, Penalty, or Interest — Creditor Refund —
Interest Rate — Statute of Limitations
3.27.110 Late Payment— Disregard of Written Instructions — Evasion —
Penalties
3.27.120 Cancellation of Penalties
3.27.130 Taxpayer Quitting Business — Liability of Successor
3.27.140 Administrative Appeal
3.27.260 Severability
Section 17. Regulations Established. A new TMC Section 3.27.010 is hereby
established to read as follows:
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3.27.010 Purpose
The purpose of this Chapter is to provide for the administrative procedures for the
Business and Occupation Tax as codified in TMC Chapter3.26, setting admin istrative fees
and prescribing penalties for noncompliance with the provisions of this chapter.
Section 18. Regulations Established. A new TMC Section 3.27.015 is hereby
established to read as follows:
3.27.015 Application of Chapter Stated
The provisions of this Chapter shall apply with respect to the taxes imposed under
TMC Chapter3.26 and under other titles, chapters, and sections in such mannerand to
such extent as indicated in each such title, chapter or section.
Section 19. Regulations Established. A new TMC Section 3.27.020 is hereby
established to read as follows:
3.27.020 Definitions
For purposes of this Chapter, the definitions contained in TMC Chapter 3.26 shall
apply equally to the provisions of this chapter unless the term is defined otherwise in this
chapter. In addition, the following definitions shall apply:
A. "Reporting period" means:
1. A one-month period beginning the first day of each calendarmonth (monthly);
or
2. Athree-month period begin n ing thefirstday of Jan uary, April, July or October
of each year (quarterly); or
3. A twelve-month period beginning the first day of January of each year
(annual).
B. "Return" means any documenta person is required by the City to file to satisfy
or establish a tax or fee obligation that is administered or collected by the City and that
has a statutorily defined due date.
C "Successor" means any person to whom a taxpayer quitting, selling out,
exchanging, or disposing of a business sells or otherwise conveys, directly or indirectly, in
bulk and not in the ordinary course of the taxpayer's business, any part of the materials,
supplies, merchandise, inventory, fixtures, or equipment of the taxpayer. Any person
obligated to fulfill the terms of a contract shall be deemed a successor to any contractor
defaulting in the performance of any contract as to which such person is a surety or
guarantor.
D "Tax year" or "taxable year" means the calendar year.
Section 20. Regulations Established. A new TMC Section 3.27.021 is hereby
established to read as follows:
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3.27.021 Definitions — References to Chapter 82.32 RCW
Where provisions of Chapter 82.32 RCW are incorporated in TMC Section 3.27.090
of this Title, "Department" as used in the RCW shall refer to the "Director" as defined in
TMC Section 3.26.040.D and "warrant" as used in the RCW shall mean "citation or
criminal complaint."
Section 21. Regulations Established. A new TMC Section 3.27.025 is hereby
established to read as follows:
3.27.025 Registration/License Requirements
No person shall engage in any business or conduct any business activity without first
obtaining a valid current business registration as required by TMC 5.04.015.
Section 22. Regulations Established. A new TMC Section 3.27.040 is hereby
established to read as follows:
3.27.040 When Due and Payable — Reporting Periods — Monthly, Quarterly, and
Annual Returns — Threshold Provisions or Relief from Filing Requirements —
Computing Time Periods — Failure to File Returns.
A. Other than any an n ual license fee or registration fee assessed u nderth is chapter,
the tax imposed by this chapter shall be due and payable in quarterly installments. At the
Director's discretion, businesses may be assigned to a month lyor annual reporting period
depending on the tax amount owing or type of tax. Effective January 1, 2024, tax
payments are due on or before the time as provided in RCW 82.32.045(1), (2), and (3).
B. Taxes shall be paid as provided in this chapter and accompanied by a return on
forms as prescribed by the Director. The return shall be signed by the taxpayer personally
or by a responsible officer or agent of the taxpayer. The individual signing the return shall
swear or affirm that the information in the return is complete and true.
C. Tax returns must be filed and returned by the due date whether or not any tax is
owed.
D. For purposes of the tax imposed by TMC Chapter3.26, any person whose value
of products, gross proceeds of sales, or gross income of the business, subjectto tax after
all allowable deductions, is equal to or less than $750,000 in the current calendar year,
shall file a return, declare no tax due on their return, and submit the return to the Director.
The gross receipts and deduction amounts shall be entered on the tax return even though
no tax may be due.
E. A taxpayer that commences to engage in business activity shall file a return and
pay the tax or fee for the portion of the reporting period during which the taxpayer is
engaged in business activity.
F. Except as otherwise specifically provided by any other provision of this chapter,
in computing any period of days prescribed by this chapter the day of the act or event
from which the designated period of time runs shall not be included. The last day of the
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period shall be included unless it is a Saturday, Sunday, or City or Federal legal holiday,
in which case the lastday of such period shall be the nextsucceedingdaywhich isneither
a Saturday, Sunday, or City or Federal legal holiday.
G. If any taxpayer fails, neglects or refuses to make a return as and when required
in this chapter, the Director is authorized to determine the amount of the tax or fees
payable by obtaining facts and information upon which to base the Director's estimate of
the tax or fees due. Such assessment shall be deemed prima facie correct and shall be
the amount of tax owed to the City by the taxpayer. The Director shall notifythetaxpayer
by mail of the amount of tax so determined, together with any penalty, interest, and fees
due; the total of such amounts shall thereupon become immediately due and payable.
Section 23. Regulations Established. A new TMC Section 3.27.050 is hereby
established to read as follows:
3.27.050 Payment Methods — Mailing Returns or Remittances — Time Extension —
Deposits — Recording Payments — Payment Must Accompany Return — NSF
Checks.
A. Taxes shall be paid to the Director in United States currency by bank draft,
certified check, cashier's check, personal check, money order, cash, or by wire transfer
or electronic payment if such wire transfer or electronic payment is authorized by the
Director. If payment so received is not paid by the bank on which it is drawn, the
taxpayer, by whom such payment is tendered, shall remain liable for payment of the tax
and for all legal penalties, the same as if such payment had not been tendered.
Acceptance of any sum by the Director shall not discharge the tax or fee due unless the
amount paid is the full amount due.
B. A return or remittance that is transmitted to the City by United States mail shall
be deemed filed or received on the date shown by the cancellation mark stamped by the
Post Office upon the envelope containing it. The Director may allow electronic filing of
returns or remittances from any taxpayer. A return or remittance which is transmitted to
the City electronically shall be deemed filed or received according to procedures set
forth by the Director.
C. If a written request is received prior to the due date, the Director, for good
cause, may grant, in writing, additional time within which to make and file returns.
D. The Director shall keep full and accurate records of all funds received or
refunded. The Director shall apply payments first against all penalties and interest
owing, and then upon the tax, without regard to any direction of the taxpayer.
E. For any return not accompanied by a remittance of the tax shown to be due
thereon, the taxpayer shall be deemed to have failed or refused to file a return and shall
be subject to the penalties and interest provided in this chapter.
F. Any payment made that is returned for lack of sufficient funds or for any other
reason will not be considered received until payment by certified check, money order, or
cash of the original amount due, plus a "non -sufficient funds" (NSF) charge of $25.00
for checks of $50.00 or less and $40.00 for checks over $50.00 is received by the
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Director. Any license issued upon payment with a NSF check will be considered void,
and shall be returned to the Director. No license shall be reissued until payment
(including the NSF charge) is received.
G. The Director is authorized, but not required, to mail tax return forms to
taxpayers, but failure of the taxpayer to receive any such forms shall not excuse the
taxpayer from filing returns and making payment of the taxes or fees, when and as due
under this chapter.
Section 24. Regulations Established. A new TMC Section 3.27.060 is hereby
established to read as follows:
3.27.060 Records to be Preserved — Examination — Estoppel to Question
Assessment.
Every person liable for any fee or tax imposed by this chapter shall keep and
preserve, for a period of 5 years after filing atax return, such records as may be necessary
to determine the amount of any fee or tax for which the person may be liable; which
records shall include copies of all federal income tax and state tax returns and reports
made by the person. All books, records, papers, invoices, vendor lists, inventories, stocks
of merchandise, and other data including federal income tax and state tax returns and
reports shall be open for examination at any time by the Director or its duly authorized
agent. Every person's business premises shall be open for inspection or examination by
the Director or a duly authorized agent.
A. If a person does not keep the necessary books and records within the City, it
shall be sufficient if such person (a) produces within the City such books and records as
may be required by the Director, or (b) bears the cost of examination by the Director's
agent at the place where such books and records are kept; provided that the person
electing to bear such cost shall pay in advance to the Director the estimated amount
thereof including round-trip fare, lodging, meals and incidental expenses, subject to
adjustment upon completion of the examination.
B. Any person who fails, or refuses a Department request, to provide or make
available records, or to allow inspection or examination of the business premises, shall
be forever barred from questioning in any courtaction, the correctness of anyassessment
of taxes made by the City for any period for which such records have not been provided,
made available or kept and preserved, or in respect of which inspection or examination
of the business premises has been denied. The Director is authorized to determine the
amount of the tax or fees payable by obtaining facts and information upon which to base
the estimate of the tax or fees due. Such fee or tax assessment shall be deemed prima
facie correct and shall be the amount of tax owing the City by the taxpayer. The Director
shall notify the taxpayer by mail the amount of tax so determined, together with any
penalty, interest, and fees due; the total of such amounts shall thereupon become
immediately due and payable.
Section 25. Regulations Established. A new TMC Section 3.27.070 is hereby
established to read as follows:
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3.27.070 Accounting Methods
A. A taxpayer may file tax returns in each reporting period with amounts based upon
cash receipts only if the taxpayer's books of account are kept on a cash receipts basis. A
taxpayer that does not regularly keep books of account on a cash receipts basis must file
returns with amounts based on the accrual method.
B. The taxes imposed and the returns required hereunder shall be upon a calendar
year basis.
Section 26. Regulations Established. A new TMC Section 3.27.080 is hereby
established to read as follows:
3.27.080 Public Work Contracts — Payment of Fee and Tax Before Final Payment
for Work
The Director may, before issuing any final payment to any person performing any
pu blicwork contract for the City, require such person to pay in full all license fees or taxes
due underthis title from such person on account of such contractor otherwise, and may
require such taxpayer to file with the Directora verified list of all subcontractors supplying
labor and/or materials to the person in connection with said public work.
Section 27. Regulations Established. A new TMC Section 3.27.090 is hereby
established to read as follows:
3.27.090 Underpayment of Tax, Interest, or Penalty - Interest
A. If, upon examination of any returns, or from other information obtained by the
Director, it appears that a tax or penalty less than that properly due has been paid, the
Director shall assess the additional amountfoundto be due and shall add thereto interest
on the tax only. The Director shall notify the person by mail of the additional amount,
which shall become due and shall be paid within 30 days from the date of the notice, or
within such time as the Director may provide in writing.
B. For tax periods after December 31, 2004 the Director shall compute interest in
accordance with RCW 82.32.050 as it now exists or as it may be amended.
C. If TMC Section 3.27.090.B is held to be invalid, then the provisions of RCW
82.32.050 existing at the effective date of this ordinance shall apply.
Section 28. Regulations Established. A new TMC Section 3.27.095 is hereby
established to read as follows:
3.27.095 Time in Which Assessment May Be Made
The Director shall not assess, or correct an assessment for additional taxes,
penalties, or interest due more than four years after the close of the calendar year in
which they were incurred, except that the Director may issue an assessment:
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A. Againsta person who is not currently registered or licensed or has not filed a tax
return as required by this chapter for taxes due within the period commencing 10 years
prior to the close of the calendar year in which the person was contacted in writing by the
Director;
B. Against a person that has committed fraud or who misrepresented a material
fact; or
C. Against a person that has executed a written waiver of such limitations.
Section 29. Regulations Established. A new TMC Section 3.27.100 is hereby
established to read as follows:
3.27.100 Over Payment of Tax, Penalty, or Interest — Credit or Refund — Interest
Rate — Statute of Limitations
A. If, upon receipt of an application for a refund, or during an audit or examination
of the taxpayer's records and tax returns, the Director determines that the amount of tax,
penalty, or interest paid is in excess of that properly due, the excess amount shall be
credited to the taxpayer's account or shall be refunded to the taxpayer. Except as
provided in TMC Section 3.27.100.B, no refund or credit shall be made for taxes,
penalties, or interest paid more than 4 years prior to the beginning of the calendar year in
which the refund application is made or examination of records is completed.
B. The execution of a written waiver shall extend the time for applying for, or making
a refund or credit of any taxes paid during, or attributable to, the years covered by the
waiver if, prior to the expiration of the waiver period, an application for refund of such
taxes is made by the taxpayer or the Director discovers that a refund or credit is due.
C. Refunds shall be made by means of vouchers approved by the Director and by
the issuance of a City check or warrants drawn upon and payable from such funds as the
City may provide.
D. Any final judgment for which a recovery is granted by any court of competent
jurisdiction for tax, penalties, interest, or costs paid by any person shall be paid in the
same manner, as provided in TMC Section 3.27.100.C, upon the filing with the Director
certified copy of the order or judgment of the court.
Section 30. Regulations Established. A new TMC Section 3.27.110 is hereby
established to read as follows:
3.27.110 Late Payment — Disregard of Written Instructions — Evasion - Penalties
A. If payment of any tax due on a return to be filed by a taxpayer is not received by
the Director by the due date, the Director shall add a penalty in accordance with RCW
82.32.090(1), as it now exists or as it may be amended.
B. If the Director determines that any tax has been substantially underpaid as
defined in RCW 82.32.090(2), there shall be added a penalty in accordance with RCW
82.32.090(2), as it now exists or as it may be amended.
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C. If a citation or criminal complaint is issued by the Director for the collection of
taxes, fees, assessments, interest or penalties, there shall be added thereto a penalty in
accordance with RCW 82.32.090(3), as it now exists oras it may be amended.
D. If the Director finds thata person has engaged in any business or performed any
act upon which a tax is imposed under this title and that person has not obtained from the
Director a license as required by City of Tukwila, the Director shall impose a penalty in
accordance with RCW 82.32.090(4), as it now exists oras it may be amended. No penalty
shall be imposed under TMC Section 3.27.110.D if the person who has engaged in
business withouta license obtains a license prior to being notified by the Director of the
need to be licensed.
E. If the Director determines that all or any part of a deficiency resulted from the
taxpayer's failure to follow specific written tax reporting instructions, there shall be
assessed a penalty in accordance with RCW 82.32.090(5), as it now exists or as it may
be amended.
F. If the Director finds that all or any part of the deficiency resulted from an intent to
evade the tax payable, the Director shall assess a penalty in accordance with RCW
82.32.090(5), as it now exists or as it may be amended.
G. The penalties imposed under TMC Section 3.27.110.A through E can each be
imposed on the same tax found to be due. This subsection does not prohibit or restrict
the application of other penalties authorized by law.
H. The Director shall not impose both the evasion penalty and the penalty for
disregarding specific written instructions on the same tax found to be due.
I. For the purposes of this section, "return" means any document a person is
required by the City of Tukwila to file to satisfy or establish a tax or fee obligation that is
administered or collected by the City, and that has a statutorily defined due date.
J. If incorporation of future changes to RCW 82.32.090 into the Tukwila Municipal
Code is deemed invalid, then the provisions of RCW 82.32.090 existing at the time this
ordinance is effective shall apply.
Section 31. Regulations Established. A new TMC Section 3.27.120 is hereby
established to read as follows:
3.27.120 Cancellation of Penalties
A. The Director may cancel any penalties imposed under TMC Section 3.27.110.A
if the taxpayer shows that its failure to timely file or pay the tax was due to reasonable
cause and not willful neglect. Willful neglect is presumed unless the taxpayer shows that
it exercised ordinary business care and prudence in making arrangements to file the
return and pay the tax butwas, nevertheless, due to circu mstances beyond the taxpayer's
control, unable to file or pay by the due date. The Director has no authority to cancel any
other penalties or to cancel penalties for any other reason except as provided in TMC
Section 3.27.120.C.
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B. A request for cancellation of penalties must be received by the Director within 30
days after the date the Department mails the notice that the penalties are due. The
request must be in writing and contain competent proof of all pertinent facts supporting a
reasonable cause determination. In all cases the burden of proving the facts rests upon
the taxpayer.
C. The Director may cancel the penalties in TMC Section 3.27.110.A one time if a
person:
1. Is not currently licensed and filing returns,
2. Was unaware of its responsibility to file and pay tax, and
3. Obtained business licenses and filed past due tax returns within 30 days
after being notified by the Department.
D. The Director shall not cancel any interest charged upon amounts due.
Section 32. Regulations Established. A new TMC Section 3.27.130 is hereby
established to read as follows:
3.27.130 Taxpayer Quitting Business — Liability of Successor
A. Whenever any taxpayer quits business, sells out, exchanges, or otherwise
disposes of his business or his stock of goods, any tax payable hereunder shall become
immediately due and payable. Such taxpayer shall, within 10 days thereafter, make a
return and pay the tax due.
B. Any person who becomes a successor shall become liable for the full amount of
any tax owing. The successor shall withhold from the purchase price a sum sufficient to
pay any tax due to the City from the taxpayer until such time as: a) the taxpayer shall
produce a receipt from the City showing payment in full of any tax due or a certificate that
no tax is due, or b) more than 6 months has passed since the successor notified the
Director of the acquisition and the Director has not issued and notified the successor of
an assessment.
C. Payment of the tax by the successor shall, to the extent thereof, be deemed a
payment upon the purchase price. If such paymentis greater in amountthan the purchase
price, the amount of the difference shall become a debt due such successor from the
taxpayer.
D. Notwithstanding the above, if a successor gives written notice to the Director of
the acquisition, and the Department does not within 6 months of the date it received the
notice issue an assessment againstthe taxpayer and mail a copy of that assessment to
the successor, the successor shall not be liable for the tax.
Section 33. Regulations Established. A new TMC Section 3.27.140 is hereby
established to read as follows:
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3.27.140 Administrative Appeal
A. Any person aggrieved by the calculation of the tax determined to be due to the
City pursuant to this chapter may appeal to the Finance Director or his/her designee
from such determination by filing a written notice of appeal with the City Clerk within 20
calendar days from the date on which such person was given notice of the tax. The
notice of appeal must state the grounds for appeal, including a detailed explanation of
why the amountofthe tax was incorrect. The Finance Director or designee shall review
the basis for the appeal and may request clarification from the appellant. After the
review is complete, the Finance Director or designee shall issue an administrative
decision that may sustain or modify the amount of tax owed. Notice of the
administrative decision shall be sent to the appellant by certified mail within 10 days of
issuance.
B. The appellant, if aggrieved by the decision of the Finance Director or designee,
may then appeal to the City Hearing Examiner within 20 calendar days of the date the
administrative decision is mailed to the appellant. The notice of appeal must state the
grounds for appeal, including a detailed explanation of why the administrative decision
is incorrect. The notice of appeal must be accompanied by an Appeal Fee in
accordance with the fee schedule adopted by resolution of the City Council.
C. Upon timely filing of a notice of appeal, the Finance Director shall schedule a
hearing on the appeal before the City's Hearing Examiner. The hearing shall be
conducted no later than 30 days from the date of the notice of appeal, unless an
extension is agreed to by the appellant or otherwise ordered by the Hearing Examiner
for good cause shown. Notice of the hearing and the appeal shall be given to the
appellant by certified mail at least five days prior to the date of the hearing.
D. The hearing shall be governed by the City of Tukwila Hearing Examiner's
procedural rules. The hearing shall be de novo. The decision of the City's Hearing
Examiner or other hearing body shall be based upon a preponderance of the evidence.
The burden of proof shall be on the appellant. The Hearing Examiner or other hearing
body may affirm, reverse or modify the Finance Director's decision.
E. Within 20 business days, excluding holidays recognized by the City of Tukwila,
from the date of the hearing on an appeal under this section, the Hearing Examiner
shall issue a written decision which shall set forth the reasons therefor.
Section 34. Regulations Established. A new TMC Section 3.27.260 is hereby
established to read as follows:
3.27.260 Severability
If any provision of this chapter or its application to any person or circumstance is held
invalid, the remainder of the chapter or the application of the provision to other persons
or circumstances shall not be affected.
Section 35. Referendum. This ordinance is su bjectto referendum as set forth in RCW
35.21.706. A referendum petition to repeal this ordinance may be filed with the City Clerk
within 7 days of adoption of this ordinance. Within 10 days of such filing, the City Clerk shall
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confer with the petitioner concerning form and style of the petition, issue the petition and
identifications number, and secure an accurate, concise, and positive ballot title from the
City Attorney. The petitioner shall then have 30 days in which to secure the signatures of
not less than 15% of the City's registered voters as of the last municipal general election
upon petition forms which contain the ballot title and the full text of the measures to be
referred. The City Clerk shall verify the sufficiency of the signatures and, if sufficient valid
signatures are properly submitted, shall certify the referendum measure to the next election
ballot within the City or at a special election ballot as provided pursuant to RCW
35.17.260(2).
Section 36. 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/su bsection numbering.
Section 37. 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 38. 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 on January
1, 2024, 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 , 2022.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
Allan Ekberg, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Attachment: Comparison of Deviations from Core Model B&O Provisions and City of
Tukwila Provisions
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Comparison of Deviations from Core Model Ordinance Provisions
and
City of Tukwila Provisions
B&O TAX
PROVISION:
Summary of Change from Model B&O Tax Ordinance:
.050 Imposition of
the tax — tax or fee
levied.
(2) The gross receipts tax imposed in this section shall not apply to any
person whose gross proceeds of sales, gross income of the business,
and value of products, including by-products, as the case may be, from
all activities conducted within the City during any calendar year is equal
to or less than $750,000.
.090 Exemptions.
• Nonprofit organizations exempt from federal income tax under
Section 501(c)(3) of the Internal Revenue code.
• Businesses operating as a public card room.
• Amateur/Professional/Semi-Professional sports teams operating in
the City.
205
206
2023-2024 Proposed Budget
Council Question Follow -Up & Parking Lot
Date Councilmember
Comment/Question/Item
Dept.
Response
1. 10/11/22 Kruller
How much (amount and service level) of the pre -pandemic Mayor's
budget was restored in the 2021 budget amendment?
MO Reinstatements for 2021 included:
$20,000 Conflict Public Defense
30,000 Trainings, Dues, Registrations
15,000 SeeClickFix
Employee Recognition and
Awards
10,000 ORCA Reimbursements
12,000 Special Matters (legal)
5,000
$92,000
2. 10/11/22 Sharp
Expand narrative detail and/or provide cross-reference to PSRFA FD
contract to better explain the absence of salaries/wages in Fire
budget
A link to the 10/3 PSRFA agenda item was emailed to the City Council
on 10/11 and added to the budget materials webpage. The link will be
changed to the executed contract when it becomes available. The
budget narrative will be expanded to include a cross-reference.
3. 10/11/22 Kruller
Clarify percent changes in Preschool Program, Senior Free Services in PR
Division Chart (page 107), Expenditures by Type (page 108) and
Salary & Benefit Detail chart (page 109). Consider adding a
percentage increase column on page 109.
We have identified errors in both the Expenditures by Division (Pg. 107)
and Expenditures by Type (Pg. 108). The charts have been corrected
and replacement pages (green sheets) have been provided. The 2022-
2023 percentage change column was being calculated as the
percentage change between projected 2022 and proposed 2023 as
opposed to adopted 2022 and proposed 2023, preventing a budget -to -
budget comparison.
Concerning the Salary& Benefit Details chart (Pg. 109) we have
identified that the Parks Maintenance Worker line, which covers three
employees each at 0.75 FTE did contain an error. In the upload for
those employees' salary/benefits, a multiplier was missing in the
formula for their 2024 salaries, causing them each to be recorded as
full 1.0 FTE as opposed to their proper 0.75 FTE. This error is being
Updated 11/14/22
4. 10/11/22 Kruller
5. 10/11/22 McLeod
Clarify Mayor's budget message reference to 600K in park
improvements; show context in budget.
PR
Explain difference in adopted 2022 and proposed 2023 budgets for PR
Rent & Concessions (1st chart on page 132)
6. 10/11/22 McLeod/Hougardy Provide estimated cost of take home vehicle program if Council PD
would like to pursue that as a recruitment and retention strategy.
7. 10/11/22 Kruller
fixed at this time, creating salary/benefit "savings" of approximately
$33,000 in FY24. Thank you Councilmember Kruller for assisting in
identifying this error.
Finance agrees that adding percent changes to the personnel chart
would be helpful. However, we are also trying to find a way to show
the change based on COLAs vs step increases.
The 301 Fund (page 307) shows total park expenditures in 2023-2024
totaling $2.1M, funded in part by REET.
The difference between our Adopted 2022 and Proposed 2023 revenue
figures for Rents & Concessions, specifically that of Rental Operations,
represents a change in operational practices, as staff has responded to
legislative and community input, providing higher priority for floor
space for programs as opposed to rentals. Furthermore, there are
some events that COVID shut down that at this time we have not
confirmed will return.
See Attachment 1: Memo dated 10/13/22 re: Take -Home Vehicles
Explain percentage change in salaries & benefits in multiple charts. PD
Several charts calculated the percent change using 2022 projected
year-end rather than 2022 budget. These have been corrected and
green sheets have been provided with correct calculations.
8. 10/11/22 Kruller, Delostrinos Provide better explanation or graphical depiction of position
Johnson
proposals in PD.
9. 10/13/22 Kruller
DCD Budget by Revenue/Expenditure Summary: Why is the
Advertising budget up by 233.3%? Why is General Government
Revenue down 100%?
PD
See Attachment 2, Proposed Changes to Frozen Police Department
Positions and Attachment 3, Police Department Budgeted vs Filled
Positions.
DCD
The advertising budget was adjusted to reflect past year actuals. We
have consistently overspent this line item. Our revenue for sales of
maps and publications is nearly zero now that most items are
available online, however we should have included revenue in this
category for generating public notice address labels. YTD we have
Updated 11/14/22
Updated 11/14/22
collected about $4,400 so an estimate of $6,000 for upcoming years
would be reasonable.
10. 10/13/22
Kruller
DCD Expenditures by Division: Why are Code Enforcement and Permit
Coordination being reduced?
They are not being reduced. In the 2021/2022 adopted budget there
appears to be some misalignment among how the divisions were
funded. This is likely due to the many changes in DCD as positions
were initially frozen and then restored, as well as employees
transferred in from Public Works. Council should review the "2022
Projected" column and then the "Proposed 2023"" and "Proposed
2024" columns that same level of service from this year into the next
biennium. The overall funding of the department remains the same
from the current biennium into the next.
11. 10/13/22
Quinn, Delostrinos
Johnson
How do unfilled vacancies relate to performance? How does this
budget relate to achieving the goal of streamlining plan review?
Council is interested in hearing the plan moving forward.
DCD
The frozen deputy director will limit staff time on the Comp Plan. The
frozen 0.5 planner will limit some staff hours on permit review.
However, we recognize there is an opportunity to ensure alignment
and improvement with permit processes and staffing. The
Administration is exploring ways that we can focus on this alignment
in early 2023 and will return to the Council with concrete next steps.
12. 10/13/22
Kruller
Expecting an attrition rate on any of these positions?
DCD
Staff is currently unaware of any planned attrition.
13. 10/13/22
McLeod
Is budget a barrier to technology enhancements?
DCD
Over the past few years, the City has invested in technology to digitize
the permit system and provide online offerings. At this point, the City
and DCD customers would be best served by continuing to maximize
existing technology and ensuring alignment of staff and process to
meet the department's goals.
14. 10/13/22
Quinn
Identify currently unfilled positions in PW. Highlight areas of limited
staffing that may be vulnerable - (resiliency/redundancy comment)
PW
In the general fund, there are currently two vacancies that are not
frozen - an Infrastructure Project Manager in the Engineering Division
and a Maintenance Technician in the Streets Maintenance Division.
There are also two Maintenance and Operations Specialist positions
that are vacant in the Water and Sewer departments.
The traffic signal division is one that is particularly vulnerable with
only one certified staff. Historically, our transportation project
Updated 11/14/22
Updated 11/14/22
manager has assisted with traffic signals, but that position has been
vacant for several months and will be frozen in the next budget.
15. 10/13/22
Kruller
Page 223, Budget by Revenue & Expenditure Summary: What is
Security Revenue and why did it increase by 60%?
PW
Security revenue refers to Permit Issuance/Inspection Fees that
represent 50% of the revenue generated from Public Works Permits
deriving from use of the City's Right -of -Way. In recent years, actual
revenues have exceeded projections by a good margin, and staff
correspondingly increased this revenue projection to be more in line
with historical norms.
16. 10/13/22
Kruller
Parking Lot- funding records staffing
AS
Noted.
17. 10/13/22
Kruller
Provide detail on B&O proposal. Include list of SCA cities that use one
and at what level.
FIN
This will be presented during the F&G and COW meetings. Included in
the list of all cities within Washington with a B&O.
18. 10/13/22
Kruller
How much would the Museum of Flight pay in admissions tax if they
were subject to the full rate?
FIN
Staff estimates the Museum's admissions tax would be between
$350,000 to $450,000 per year, depending on the number of annual
patrons, if the organization was subject to the City's 5% admission tax.
19. 10/13/22
Kruller
Which components of ERP implementation have been completed?
Which are remaining and what is the schedule?
FIN
We went live on General Ledger, Accounts Payable, Accounts
Receivable and Cashiering. Bank Reconciliation is a biproduct of these
modules and is partially implemented. Budget Module is also mostly
implemented. What is currently missing is robust reporting to
accompany the budget module. Payroll implementation has begun
with a planned go -live date of 7/1/23. Utility billing will be the final
significant module to be implemented. This won't begin until Payroll
is fully implemented. There are several other modules that we do not
currently utilize in Eden but want to implement in Finance Enterprise
that include Grant Management, Contract Management, Fixed Assets,
and Purchasing. These are smaller, less complicated modules to
implement and will be implemented as time permits. We hope to
begin implementing Purchasing at the end of October and plan to start
the Grant Management module in early 2023. Report writing is
occurring with all modules and will continue to be built out as staff
learns the reporting tool.
Updated 11/14/22
20. 10/24/22 Sharp/Hougardy
B&O: What is the financial impact of the additional staff members FIN The positions will be structured similar to other B&O tax analysts with
required? our comparable cities and surrounding cities. HR will need to do an
analysis to determine where the positions fall with the classification
and banding system, but we know they will be represented by
Teamsters Local 763. Until the classification analysis is complete there
is a placeholder in the budget for $114,760 in salary and $43,516 in
benefits for each position.
21. 10/24/22 McLeod
B&O: How are payments collected? What if business gross revenue FIN These will be part of the system and process implementation that
collection cycle doesn't match payment cycle? occurs in 2023.
22. 10/24/22 McLeod B&O: Did you look at $1M threshold?
FIN
23. 10/24/22 Kruller B&O: Provide information about alternative revenue sources the City FIN
could consider.
Our analysis of a threshold of $1 million shows an initial estimate of a
B&O bringing in $3,687,654, not including the exemptions the mayor is
proposing, including exempting amateur/semi-
professional/professional sports, 501 (c) 3s and cardrooms. It would
affect 583 businesses. The Administration's concern would be
whether or not the $3,000,000 needed to balance the budget in 2024
can be achieved with a $1 million threshold.
A City Revenue Guide was presented at the May 2, 2022 Regular
Meeting. All City revenue sources are reviewed in this guide and
includes how much we can levy and our current ley rates. The final
section speaks to other revenues available that we do not currently
utilize. Document was included in Budget Resource binder distributed
to Councilmembers earlier this year, and the link to the item is here.
The information is summarized in Attachment 4: Additional Revenues
for Consideration.
24. 10/24/22 Quinn B&O: Provide summary of existing revenue sources over 40K FIN See Attachment 5: Existing Revenues over $40K
25. 10/24/22 Hougardy
B&O: Provide narrative about cost-saving measures the City has FIN Frozen positions, departments still operating on reduced budgets
already done. from prior to COVID reductions. Majority of budget is staff or contract
for fire services. This information is detailed throughout the Budget
book.
Updated 11/14/22
26. 10/24/22 Sharp
B&O: Provide information about potential cuts in lieu of B&O tax FIN
27. 10/24/22 Kruller
Provide list of 14 King County cities that do not have B&O tax but do FIN
have a head tax; of the 50 Washington cities/towns that do have B&O,
how many also have head taxes.
28. 10/24/22
29. 10/25/22 McLeod
What is the current business license fee?
FIN
What are the Service & Other Activities that would pay a B&O FIN
Tax? I see it represents nearly 50% of our B&O revenue
projection. I would expect CPA's, Attorney's, Architects,
Engineers, but what other types of service are paying this
tax? These services are generating $2.1 Billion in annual sales.
Additional staff reductions that cannot be achieved by freezing
currently open positions, maintain frozen police positions keeping
police understaffed, service reductions for the community in parks,
streets, communications and other areas.
This information will take time to compile; in the meantime, see
Attachment 6 for a list of King County cities with and without B&O tax.
Current rates for the business license are $112 for each full-time and
$56 for each part-time employee. Rate has not changed since 2020.
The Services category also includes Other Activities. Services is a
"catch-all" classification
* "Services." [Comment: RCW 35.102.120 requires that the model
ordinance include this definition. However, no explicit definition will be
included in this Model Ordinance until the RCW contains a definition of
"service". In the absence of a definition of "service" in state law, the
Cities generally use this term and classification to include those
activities that do not fall within one of the other tax classifications
used by a city.]
30. 10/25/22 McLeod
What stops these services from picking up shop and moving? I FIN
am guessing they are not tied to Southcenter Mall.
Services are much broader than one might think and include hair
and nail salons, package/shipping stores, health-related
establishments, hotels, real estate brokers, delivery companies,
banks, etc. Such establishments often want to be co -located in a
retail core for higher visibility and traffic. Many of these
establishments have high -traffic storefronts located in busy areas,
even though they are labeled as a "service."
Updated 11/14/22
31. 10/25/22 McLeod
Comment - I find it surprising that only 22% of our projected FIN
B&O revenue comes from Retail. I would have thought higher.
Categories Gross Income
Manufacturing 346,896,394
Retail 1,689,165,125
Service & Other Activities 2,155,345,125
Wholesale 913,639,413
Grand Total 5,105,046,057
Count
% of Gross
Incme
38 6.8%
208 33.1%
355 42.2%
75 17.9%
676 100.0%
Services and other activities actually have a higher gross revenue in
Tukwila than retail. This makes sense once you think of all of the
restaurants and services (hair and nail salons, urgent care facilities,
banks, hotels, etc.) in Tukwila's central business district. Also, the
proposed retail rate is lower than the others, yielding a lower amount of
revenue.
32. 10/25/22 McLeod
Can the city implement a broader base tax than just the
B&O? For instance, can we raise our sales tax rate and cover a
broader tax base than just the businesses?
FIN
Raising sales tax will require a vote from the people and must be used
for specific purposes, such as a Transportation Benefit District. Similarly,
a vote of the people is required to do a levy lid lift, which would raise
property taxes. Other revenues that can be implemented
councilmanically are relatively small and sometimes restricted, such as a
car tab fee for improving roads and streets.
Updated 11/14/22
N
P 2023-2024 Proposed Budget — Council Question Follow-up & Parking Lot
Continued from 10/26/22
33.
10/26/22
Kruller I Could the business license fee be increased in lieu of adding a
B&O tax?
FIN
Yes, but to achieve the same revenue amount it would require doubling
the fee for all businesses that have a Tukwila business license. The
proposed B&O tax would apply to less than 675 businesses (out of 2,500
that currently hold business licenses in the City of Tukwila plus outside
contractors) and would only apply to businesses grossing more than
$750,000, with specific industries exempted per the Mayor's proposal. If
the threshold was lowered to $500,000 the number of businesses
affected would be 790 and if it was $1,000,000 then the number of
businesses affected would be 583.
34.
10/26/22
Kruller
Provide assessment of expected property sale revenue — is there
a windfall to be found?
ED
No. The funds associated with the sale of George Long are appropriated
in the Mayor's proposed budget to pay for debt service on the Public
Safety Plan and the beginning of Phase II of the consolidated Public
Works facility. The proposed buyer has identified contamination on the
site (not unexpected given its past uses). The City Council approved the
sale of other properties in the City to fund the Public Safety Plan and
those properties have yet to be sold thus, there is no windfall from
property sales. Further, the Mayor's proposed budget already includes
the use of one-time funds at a higher rate than normal. This is because
it is a bridge budget to fire annexation. The City should be cautious of
using any additional one-time funds to balance the budget as ongoing
revenues should pay for ongoing expenses, which is Council policy. This
is why the Mayor has proposed a modest B&O tax that will remain
ongoing to fund ongoing expenses.
35.
10/26/22
Quinn
Parking lot: speed camera revenue
CNCL
Resolution 2029 states that revenues in excess of the cost of the
program be directed to school zone infrastructure projects and driver
education campaigns. It also states that the distribution between these
two things be evaluated following the first year of implementation. The
current revenue from the cameras is funding the implementation of the
program; there are no additional funds available.
Updated 11/14/22
36.
10/26/22
Delostrinos Johnson
Is DCD's proposed fee schedule factored into this budget?
DCD
Yes. The proposed fees recently before the Council — including
maintaining the low-cost residential permit — are factored into the
Mayor's proposed budget. If the Council does not pass the proposed
fee increases the budget will have to be adjusted accordingly.
Additionally, increases in some fire related fees are factored into the
budget. Legislation for those increases is moving through the
Committee process.
37.
10/26/22
Delostrinos Johnson
Parking lot: Interested in Cultural Use Tax as a revenue source to
support local nonprofits
CNCL
Any city, town, or county may impose a sales tax up to 0.1% and up to 7
years to benefit or expand access to nonprofit cultural organizations.
This requires majority voter approval. King County tried to pass the tax
but it was rejected in 2017. A city or town can also pass an equivalent
property tax — also requiring voter approval — but cannot utilize both the
sales and property tax options. Funds must be used in very specific ways
focused on cultural and educational opportunities only, with school
cultural programming being the first priority.
38.
10/26/22
Sharp
Provide clarity/justification on proposed new positions
AS
There are only two new proposed positions in the Mayor's budget —
both in utilities and fully funded by utilities. The half time temporary
labor position in the Clerk's Office, which was removed (cut), not frozen,
during the pandemic, is also restored in this budget, in part due to the
public records implications of contracting for fire services. In the
General Fund the Mayor's proposed budget includes nine frozen
positions, meaning there will be less staff available to serve the
community in the coming biennium than in previous years.
39.
10/26/22
Multiple
Provide more information about cost cutting measures
undertaken by departments in the context of this proposed
budget
Multiple
The Mayor's proposed budget maintains many of the reductions
departments took in 2020 due to the pandemic, such as reductions in
supplies and services. In addition, in this budget, nine non -Police
positions are frozen, saving approximately $1 million annually. Over the
years as the City has addressed loss of revenue due to streamlined sales
tax, revenues not keeping up with expenses, loss of sales tax mitigation
payments and other structural revenue vs expenses issues, the City has
continued to make service reductions every biennium, even while the
budget grows due to contractual obligations.
40.
10/26/22
Quinn
Provide review of public feedback, and how it is prioritized in
this budget.
AS
Across all of the different engagement vehicles, below are the top
priorities provided to staff during the outreach efforts, as well as how
they are addressed in the Mayor's proposed budget. The majority of
people both in person and online preferred to maintain and increase 1
Updated 11/14/22
services rather than reduce them, many of whom indicated support for
a B&O tax. A complete overview was presented to the Council on
September 26 and attached again here for reference.
• Teen, Youth and Senior Programs — The City will maintain these
programs and this budget includes an investment in our parks
system of $2.1M to enhance the user experience in critical park
assets around the City.
• Police and Public Safety — This budget fully funds staff in the
Tukwila Police Department and will allow us to hire more officers,
which will result in a higher level of service then what we have
today.
• Fire and Emergency Medical Services — These services will be
enhanced with the contract to the PSRFA that is slated to begin
on January 1, 2023 and will include a higher level of service that
what we have today. The cost of the contract about the same as
the 2022 budget for the Tukwila Fire Department and includes
new services such as a broad public education effort and a new
CARES unit that deploys a social worker and nurse to low-acuity
calls for emergency medical services. A public vote to annex to
the PSRFA is planned no later than April 2024 to cement this
partnership.
• Communications & Community Engagement — This work is
maintained in this budget with no reductions to the way we
communicate and engage with the Tukwila community.
• Infrastructure Maintenance — Over the next two years, this
budget fully funds our existing identified Neighborhood Traffic
Calming Program, constructs a new bridge at 42"d into Allentown
and continues to maintain and improve our utility infrastructure.
Human Services & Rental Assistance — The City has had a robust
response to supporting low-income community members impacted by
COVID-related wage loss. This budget includes more funding specifically
for this purpose and the general rental and utility assistance program
we provide, as well as ongoing support to organizations working in our
Updated 11/14/22
Updated 11/14/22
community around housing, wellness, food security and support for
independence.
41.
10/26/22
Sharp
What is the strategy if Council does not choose to adopt a B&O
tax? Could departmental cuts make up the difference?
Multiple
If the B&O tax is not adopted and no alternate revenue source
identified, some staff, programs and services would need to be either
reduced or eliminated. There are not enough funds in supplies and
services to achieve the $3M that the B&O tax will generate.
Departmental cuts cannot make up the difference without staff and
service elimination. Any further reductions in supplies and services will
severely hamper the City's ability to provide required and desired
services to the community and could also have impacts on employee
morale, retention and recruitment. See answer to Question 39 above
regarding ongoing reductions over multiple biennia. The Mayor's
proposed budget includes the proposed B&O tax specifically because
there is not additional room for reductions unless the Council wishes to
eliminate staff positions and community serving programs.
42.
10/26/22
Hougardy
What is the impact of the CPI on the budget?
FIN
Salary and benefit budgets are per contractual obligation. For the four 1
police contracts that have been closed, 100% CPI provided along with
premium sharing included. For the one contract that is open, 90% of CPI
and health care premium sharing — where the City would pay 100% of
the employee's share and the employee would pay 10% of their
dependent coverage, has been included in the budget.
43.
10/26/22
Quinn
Provide context around critical/obligatory expenditures.
FIN
Much of the budget is non-discretionary in that it reflects CBA
requirements for staffing and other contractual requirements that are
not related to staffing. For example, debt service, liability insurance,
and owner costs related to SCORE and Valley Corn dispatch center, as
well as the newly approved contract with the Puget Sound Regional Fire
Authority for fire services would all be considered non-discretionary.
All other expenditures in the general fund are tied to programs and
many programs are legally required; either externally or internally
required. Other programs are best practice — for instance, Accounts
Payable is not a legally required activity but something every City must
undertake. There are many similar programs that would not be legally
required nor truly discretionary. Any adjustment to the programs that
are not legally required would remove resources for staff to successfully
perform their job duties or provide services. Almost every program in
Updated 11/14/22
0
y
or
y
n
s
e
d
Updated 11/14/22
the general fund has staffing as well as supplies and services tied to
them.
44.
11/7/22
Kruller
Provide additional detail about a business license fee increase in
lieu of a B&O
Could a new B&O tax include a sunset provision after the "bridge
budget" is completed?
FIN
With the information available, staff's analysis confirms that in order t
achieve the same amount of revenue as the proposed B&O tax, the Ci'
would need to double the business license fee on all 5,000 businesses
that currently hold a Tukwila business license. This would include
businesses located outside of Tukwila. Doubling the fee would raise
approximately $3.2 million in new revenue.
This would be a regressive tax as it would affect every business with a
business license as opposed to the B&O, which affects only the top
grossing businesses (approximately 650 in total, all grossing $750,000
more) in Tukwila and is therefore inherently progressive. * See attach
PowerPoint with additional analysis.
Staff does not recommend sunsetting the B&O tax. As you know, we
have a structural imbalance because our revenues are not growing as
fast as our expenditures are for the same level of service. This will onl
be made worse if the B&O sunsets. Keep in mind that we already have
the loss of ARPA funds in 2024 and the reduction of sales tax mitigatio
payments that entirely disappear by mid-2026.
Sunsetting the tax means you will continue to have these hard
discussions on a regular basis as a council regarding what new revenw
will replace the B&O or what services will be reduced or eliminated. li
addition, sunsetting the B&O could also create more pressure on
retaining a higher property tax levy after a successful annexation to th
RFA in the next year or so.
One of our best outcomes here is diversifying our revenue sources,
which is looked favorably by the bond rating agencies. More and variE
revenue sources will allow the City to sustainably provide the services
clearly desired by our community while not relying too heavily on just
revenue source too much.
45.
11/7/22
Hougardy
FIN
0
y
or
y
n
s
e
d
Updated 11/14/22
46.
11/9/22
Abdi, Delostrinos
Johnson
47.
11/9/22
Abdi, Delostrinos
Johnson
48.
11/9/22
Why is the budget for human service less than what we saw in AS This reflects the fact that much of the COVID-specific assistance has
previous years? (pg.255) waned since the beginning of the pandemic. In 2021 the Council
allocated an additional $250,000 in COVID-specific rental assistance, and
$500,000 in 2022 from ARPA. The proposed budget rolls over $160,000
of ARPA funds for COVID rental assistance in 2023. In addition, the
2021/2022 budget included a part time temporary labor position
specifically to help distribute COVID-related rental assistance. Now that
the demand has lowered, this position is no longer needed and not
included in the proposed budget. Finally, since SeaTac became the lead
City in 2022 for Minor Home Repair, Tukwila is not the pass-through
organization for CDBG funding thereby reducing the budget, but not any
actual funding for Human Services because those grant funds were
earmarked for other cities. This is not a reduction of our usual Human
Services funding but a "right sizing" as the pandemic comes to an end.
Can you explain how much we are allocating for rental & assistance? AS $160,000 in COVID-specific rental and utility assistance (ARPA) in 2023.
$128,000 per year in HB 1406 funds — rental assistance only, income
qualified. $41,500 per year in contracted agency provided rental
assistance.
Abdi, Delostrinos Why does the business assistance & support money go down from ED The decrease from 2022 to 2023 was because we had a one-time
Johnson 2023 and 2024? additional budget of $150,000 in 2022 for the economic development
plan. And the decrease from 2023 to 2024 is because 2023 includes
one-time funds of $190,000 for small business support from ARPA
funds.
49.
11/9/22
Abdi, Delostrinos
Johnson
How much are we allocating for small business support?
ED
In 2023 we are allocating $202,000 for small business support. That
includes $190,000 of ARPA funds and $12,000 of general funds. In 2024
we are allocating $12,000 of general funds. The annual $12,000 of
general funds is paid to Highline College for the Small Business
Development Center.
50. 11/9/22 Abdi, Delostrinos Why did youth free services decrease from 2022, 2023, and 2024 PR One FTE that had been budgeted in this division was simply moved to a
Johnson different division. Program offerings remain unchanged.
IV
CD
Updated 11/14/22
51.
11/9/22
Abdi, Delostrinos
Johnson
Why did we get rid of a budget under community events & volunteers
for 2023 - 2024?
PR
The budget was not eliminated. It was dispersed to other divisions
where the events and volunteers best fit. By reallocating this budget, it
better reflects the cost of providing the services the budget was moved
to. For one example, this budget accounted for background checks for
volunteers. This budget was moved to Administration.
52.
11/9/22
Abdi, Delostrinos
Johnson
We are interested in learning about the 7 proposed changes to frozen
police department positions, and how do these positions promote
public safety
PD
There are no changes to the frozen positions, aside from budgeting the
positions. If the positions are budgeted, we will backfill the vacated
specialty positions as indicated in the Community Survey. Specialties
that would be directly impacted are:
-Restoring the Major Crimes Unit with Detectives, allowing for us to
broaden the scope of our follow-up investigations for felony crimes.
-Restoring the TAC Team with Detectives, allowing for investigation of
drug and human trafficking related crimes.
-Restoring a vacated position with our Community Police Team,
allowing for additional community outreach efforts and homeless
engagement.
53.
11/9/22
Abdi, Delostrinos
Johnson
If we unfreeze some of the police department positions will it address
public safety issues at the shag community
PD
Yes, but indirectly. The Department is already allocating resources to
address education to the SHAG community and extra patrols in the
area. We are also working with management to get them involved
with addressing the SHAG community's public safety concerns that
they are responsible for. Unfreezing the positions will allow us to
maintain the resources that we are already providing, while help us
address the homeless population and drug issues going on in the area
that are most likely the direct cause of their issues.
54.
11/14/22
All
Can the City Council adopt a balanced budget with an unspecified
revenue source?
FIN
RCW 35.33.041 Budget estimates - Classification and segregation: "All
estimates and receipts and expenditures for the ensuing year shall be
fully detailed in the annual budget and shall be classified and
segregated according to a standard classification of accounts to be
adopted and prescribed by the state auditor after consultation with
the Washington finance officers association, the association of
Washington cities, and the association of Washington city managers."
An unidentified revenue stream would not meet the requirement to be
fully detailed and classified/segregated according to the above -
Updated 11/14/22
What offers have been received on city -owned property?
What is the value of the UPS site?
ED
What is the cost of the seven PD positions the mayor is proposing to
unfreeze in the coming biennium?
mentioned RCW nor the SAO's prescribed classification of accounts
(the BARS account codes).
The Government Finance Officer's Association (GFOA) has published a
document that speaks to sound budgeting practices. Document is
included as an attachment.
The City often receives inquiries from persons who want to purchase
city property. The City is currently negotiating the sale of the George
Long property. Other than that property, the City has not received
written offers to purchase property. We recently received an offer to
lease the Longacres site.
ED Staff conservatively estimates the current market value of the UPS
site to be approximately $15 to $20 million.
PD
The cost to bring back the seven frozen positions in the Police
Department is $2,754,058 for the biennium, which includes salary,
benefits, equipment and training. This does not include vehicle costs.
Updated 11/14/22
55.
11/14/22
All
56.
11/14/22
All
57.
11/14/22
All
What offers have been received on city -owned property?
What is the value of the UPS site?
ED
What is the cost of the seven PD positions the mayor is proposing to
unfreeze in the coming biennium?
mentioned RCW nor the SAO's prescribed classification of accounts
(the BARS account codes).
The Government Finance Officer's Association (GFOA) has published a
document that speaks to sound budgeting practices. Document is
included as an attachment.
The City often receives inquiries from persons who want to purchase
city property. The City is currently negotiating the sale of the George
Long property. Other than that property, the City has not received
written offers to purchase property. We recently received an offer to
lease the Longacres site.
ED Staff conservatively estimates the current market value of the UPS
site to be approximately $15 to $20 million.
PD
The cost to bring back the seven frozen positions in the Police
Department is $2,754,058 for the biennium, which includes salary,
benefits, equipment and training. This does not include vehicle costs.
Updated 11/14/22
Ni
Ni
Ni
0
BEST PRACTICES
Financial Forecasting in the Budget
Preparation Process
The purpose of the financial forecast is to evaluate current and future fiscal conditions to guide policy and programmatic
decisions. A financial forecast is a fiscal management tool that presents estimated information based on past, current, and
projected financial conditions. This will help identify future revenue and expenditure trends that may have an immediate or
long-term influence on government policies, strategic goals, or community services. The forecast is an integral part of the
annual budget process. An effective forecast allows for improved decision-making in maintaining fiscal discipline and
delivering essential community services.
The GFOA recommends that governments at all levels forecast major revenues and expenditures. The forecast should
extend several years into the future. The forecast, along with its underlying assumptions and methodology, should be
clearly stated and made available to stakeholders in the budget process. It also should be concisely presented in the
tv
final budget document. The forecast should be regularly monitored and periodically updated. The key steps in a sound
forecasting process include the following:
Define Assumptions. The first step in the forecasting process is to define the fundamental issues impacting the forecast.
The results of this initial step will provide insight into which forecasting methods are most appropriate and will help create
a common understanding among the forecasters as to the goals of the forecasting process. There are four key questions to
consider when defining assumptions for the forecast:
1. What is the time horizon of the forecast?
2. What is the objective of the government's forecasting policy? For example, a "conservative" forecast underestimates
revenues and builds in a layer of contingencies for expenditures. This might make it harder to balance the budget, but
reduces the risk of an actual shortfall. On the other hand, an "objective" forecast seeks to estimate revenues and
expenditures as accurately as possible, making it easier to balance the budget, but increasing the risk of an actual
shortfall. Therefore, a government should be transparent concerning its own forecasting policy and underlying
assumptions.
3. What are the political/legal issues related to the forecast? Be aware of current laws or expected changes in laws that
affect forecasts.
4. What are the major revenues and expenditure categories?
Gather Information. To support the forecasting process, use statistical data as well as the accumulated judgment and
expertise of individuals inside and perhaps also outside the organization. For instance, department heads may have an
insight into activities within their own section. This step is designed to increase the forecaster's expert knowledge about the
forces impacting revenues and expenditures. This would also include events that could cause a disruption in the operating
environment and in prevailing trends. Both are important for forecasting because they allow the forecaster to more
intelligently build quantitative models and to make a forecast using his or her own judgment. Assumptions should be
documented for future reference, so the financial forecasting process has some basis to start from at the beginning of each
cycle. Also, become familiar with other longer-term planning efforts of the organization or other organizations that impact
financial decisions and the fiscal environment. Such plans might include comprehensive development and/or capital
improvement programs.
Preliminary/Exploratory Analysis. The analysis should include an examination of historical data and relevant economic
conditions. This improves the quality of the forecast both by giving the forecaster better insight into when and what
quantitative techniques might be appropriate and also is useful for supplementing forecasting methods. The forecaster is
looking for consistent patterns or trends. In particular, the forecaster should look for evidence related to:
1. Business cycles. Does the revenue (or expenditure) tend to vary with the level of economic activity in the community or
are they independent of cycles? How do broader market forces impact key expenditures, such as pension contributions
affected by investment returns?
2. Demographic trends. Are population changes affecting service demands and/or revenues?
3. Outliers and historical anomalies. Does the data contain any extreme values that need to be explained? It could be that
these represent highly anomalous events that don't add to the predictive power of the data set.
4. Relationships between variables. Are there important relationships between variables that could aid in forecasting?
Select Methods. Determine the quantitative and/or qualitative forecasting methods that will be used. Keep in mind that the
chosen method for one program may differ for another. While complex techniques may get more accurate answers in
particular cases, simpler techniques tend to perform just as well or better on average. Also, simpler techniques require less
ry
data, less expertise on the part of the forecaster, and less overall effort. Three basic models of forecasting to consider
cn
include:
1. Extrapolation. Extrapolation uses historical revenue data to predict future behavior by projecting the trend forward.
Trending is very easy to use and is commonly employed by forecasters. Moving averages and single exponential
smoothing are somewhat more complex, but should be well within the capabilities of most forecasters.
2. Regression/econometrics. Regression analysis is a statistical procedure based on the relationship between independent
variables (factors that have predictive power for the revenue or expenditure source) and a dependent variable
(expenditure source being predicted). Assuming a linear relationship exists between the independent and dependent
variables, one or more independent variables can be used to predict future revenues or expenditures.
3. Hybrid forecasting. Hybrid forecasting combines knowledge-based forecasting (knowledge-based forecasting consists
of using the forecaster's own knowledge and feel for the situation, rather than data and statistics, as the basis for the
forecast) with a quantitative method of forecasting. Hybrid forecasting methods are very common in practice and can
deliver superior results.
Implement Methods. Making the forecast and using forecast ranges are included within the implementation methods.
1. Making the forecast. Put into practice one or more of the forecasting methods described above.
2. Forecast ranges. It may be wise to develop a range of possible forecast outcomes, with the use of different scenarios.
Multiple projections should be a part of a well-planned and thoroughly discussed approach.
Use Forecasts. The purpose of a forecast is to inform and assist in decision-making. Three items that are essential to a
compelling and informative forecast presentation include:
1. Credibility of the forecaster. Credibility of the forecast's presenters is essential if a forecast is to be trusted.
a. Have a transparent forecast process.
b. Address how the forecast compares to widely accepted economic or financial forecasts from outside organizations.
c. Describe forces acting on your revenues or expenditures that might cause the actual results to be higher or lower
than the forecast.
d. Stay within acceptable accuracy tolerances for forecasts.
e. Avoid over -promising on the level of forecast accuracy to set appropriate expectations. Note to the audience that
years estimated farther out are less reliable.
f. Be careful about using forecasts to raise an alarm about an impending crisis.
2. Presentation approach. A good forecast presentation revolves around a clear message. The following steps can be
helpful in promoting clarity:
a. A clear, simple, and reasoned statement of the forecast message is vital.
b. Build the message around a baseline set of assumptions that represent a reasonable level of consistency with status
quo conditions. An exception to status quo conditions might be changes in the financial/economic environment that
are widely appreciated and/or assumptions about changes in the environment. Such exceptions should be clearly
stated.
c. The assumptions should be made very clear, and be supplemented with salient information. The forecaster should
explain how the assumptions lead to the forecast, without delving into the details of the specific methods.
d. The message should address the implications of the forecast in terms of budget shortfalls or surpluses, changes in
reserve levels, and other metrics that would be meaningful to the audience.
rye. Involving other staff in the forecasting process in these steps will also help ensure that understanding of the
method is shared by key potential supporters. It may even prove possible to involve other staff directly in the
presentation, which may increase credibility.
3. Linking forecast to decision-making In order to maximize decision -makers' interest in the forecast, it will be
important to emphasize the importance of the forecast as a key factor in the planning and budgeting process. This
means imparting a long-term perspective to the budgeting process and emphasizing financially sustainable decisions.
The following financial policies might be particularly helpful for promoting interest in financial forecasting:
a. A reserve policy, which establishes the desired level of reserves to maintain. A policy on reserves implies the need
for forecasting tools to see if reserve levels will remain within desired parameters given future spending and
revenues.
b. A policy on maintaining structural balance, which requires recurring expenditures to be covered by recurring
revenues. A forecast is required to tell if this will occur into the future, facilitating the considerations of long-term
implications of decisions.
c. A long -financial planning policy, which commits officials to considering the long-term implications of decisions
made today.
d. Capital improvement plans should employ a long-term planning horizon.
References:
• Best Practice: A Framework for Improved State and Local Government Budgeting, NACSLB, 1998.
• Best Practice: Long -Term Financial Planning, 2008.
• Best Practice: Appropriate Level of Unrestricted Fund Balance in the General Fund, 2002, 2009.
• Best Practice: Inflationary Indices in Budgeting, 2010.
• Best Practice: Appropriate Levels of Working Capital in Enterprise Funds, 2011.
• Best Practice: Structurally Balanced Budget Policy, 2013.
• Financing the Future, Shayne Kavanagh, GFOA, 2007.
Board approval date: Friday, February 28, 2014
230
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor's review
Council review
11/14/22
Vicky
11/21/22
Vicky
ITEM INFORMATION
ITEM No.
6.E.
STAFF SPONSOR: VICKY CARLSEN
ORIGINAL AGENDA DATE: 11/14/22
AGENDA ITEM TITLE Approve Interfund Loan from Sewer Fund to General Fund
CATEGORY ® Discussion
Mt Date 11/14/22
❑ Motion
Mtg Date
® Resolution
Mtg Date 11 /21/22
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ❑ DCD ® Finance ❑ Fire ❑ PeER ❑ Police ❑ PW
SPONSOR'S
SUMMARY
Approve Interfund Loan from the Sewer Fund to the General Fund to purchase fire engine
as part of the Interlocal Agreement with Puget Sound Regional Fire Authority
REVIEWED BY
❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ® Finance & Governance ❑ Planning & Community Dev.
❑ LTAC ❑ Arts Comm.
❑ Parks Comm. ❑ Planning Comm.
DATE: 10/24/22 COMMITTEE CHAIR: QUINN
RECOMMENDATIONS:
SPONsoR/ADMIN. Finance
COMMITTEE 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
11/14/22
Forward to next Regular Meeting
11/21/22
MTG. DATE
11/14/22
11/21/22
ATTACHMENTS
Informational Memorandum dated 10/18/22
Draft Resolution
Minutes from the October 24, 2022 Finance & Governance meeting
Final Resolution
231
232
of Tukwila
Washington
Resolution No,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AUTHORIZING THE TRANSFER
OF FUNDS FOR THE PURPOSE OF MAKING A LOAN FROM
THE SEWER FUND TO THE GENERAL FUND;
ESTABLISHING AN INTEREST RATE AND REPAYMENT
SCHEDULE FOR SAID INTERFUND LOAN.
WHEREAS, the City's Public Safety Plan originally planned for the purchase of
Fire Department Apparatus (new engine)in 2024 thatwas to be funded through the State
of Washington's LOCAL Program for a 10 -year to 20 -year repayment term; and
WHEREAS, at the October 3, 2022 Regular Council Meeting, the City Council
authorized the Mayor to sign an Interlocal Agreementwith the Puget Sound Regional Fire
Authority for Fire/Emergency Medical Services; and
WHEREAS, at the October 3, 2022 RegularCouncil Meeting,theCity Council also
approved the expenditure of up to $1,100,000 utilizing an interfund loan for Fire
Department Apparatus (new engine); and
WHEREAS, utilizing an interfund loan will providethe City with greater control over
the repayment terms; and
WHEREAS, the City's Sewer Fund presently has sufficient funds from which to
transfer funds in an amount not to exceed $1,100,000 for the purpose of making a loan
to the General Fund to cover the authorized expenditure, in accordance with the
requirements set forth herein;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA HEREBY
RESOLVES AS FOLLOWS:
Section 1. Interfund Loan Authorized. An interfund loan in the principal amount
not to exceed $1,100,000.00 is hereby authorizedfrom the Sewer Fund (Fund 402)to the
General Fund (Fund 000). The effective date of said interfund loan shall be no later than
January 16, 2023.
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VC:AY Review and analysis by Andy Youn Page 1 of 2
233
Section 2. Interest. Interest on the interfund loan authorized per Section 1 shall
accrue at the rate in effect with the Local Government Investment Pool (LGIP) as of the
effective date of the interfund loan. The interest rate shall be calculated on an annual
basis.
Section 3. Repayment Schedule. The interfund loan authorized per Section 1
shall be repaid in full to the Sewer Fund (Fund 402), together with accrued interest
consistentwith Section 2, as sufficient revenues become available to the General Fund
(Fund 000), but in no event later than December31, 2026. Nothing in this resolution shall
be construed as authorizing a permanent diversion of the funds transferred through said
interfund loan.
Section 4. Implementation. The Finance Director is hereby authorized to
implement such administrative procedures as may be necessary to carry out the directions
of this legislation, including, without limitation, taking such action as may be necessary to
amend the budgets for the affected years to reflect the interfund loan described in this
resolution, and including bringing forth budget amendments or reconciliations to Council, if
Council approval in addition to this resolution is determined to be necessary under State
law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of , 2022
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk Thomas McLeod, Council President
APPROVED AS TO FORM BY:
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Office of the City Attorney
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234
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor's review
Council review
11/14/22
LH
11/21/22
LH
ITEM INFORMATION
ITEM NO.
6.F.
STAFF SPONSOR: LAUREL HUMPHREY
ORIGINAL AGENDA DATE: 11/14/22
AGENDA ITEM TITLE Ordinance setting City Council compensation for 2023-2026
CATEGORY ® Discussion
Mt Date 11/14/22
❑ Motion
Mtg Date
❑ Resolution
Mtg Date
Ordinance
Mtg Date 11/21/22
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
SPONSOR ® Council ❑ Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PW
SPONSOR'S
SUMMARY
The proposed ordinance sets Council compensation for 2023-2026.
REVIEWED BY
❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ® Finance & Governance ❑ Planning & Community Dev.
❑ LTAC ❑ Arts Comm.
❑ Parks Comm. ❑ Planning Comm.
DATE: 10/24/22 COMMITTEE CHAIR: QUINN
RECOMMENDATIONS:
SPONSOR/ADMIN.
COMMITTEE
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED
$7,200 in 2023
Fund Source: GENERAL FUND
Comments:
AMOUNT BUDGETED APPROPRIATION REQUIRED
$
$0
MTG. DATE
RECORD OF COUNCIL ACTION
11/14/22
Forward to next Regular Meeting
11/21/22
MTG. DATE
ATTACHMENTS
11/14/22
Informational memo dated October 17, 2022
Draft Ordinance
Minutes from the 10/24 Finance & Governance Committee meeting
11/21/22
Final Ordinance
235
236
City of Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING TUKWILA MUNICIPAL
CODE SECTION 2.05.010 TO FIX THE AMOUNT OF
COMPENSATION FOR COUNCILMEMBERS FOR YEARS
2023 THROUGH 2026; REPEALING ORDINANCE NO. 2668;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, Ordinance No.2668 set City Council compensation levels for the years
2022 and 2023; and
WHEREAS, City Council compensation has not changed since 2014; and
WHEREAS, the cost of living as measured by the Seattle -Tacoma -Bellevue
Consumer Price Index (CPI -U) has risen by 32% since 2014; and
WHEREAS, public service should be adequately compensated to attract
participation from a diverse community; and
WHEREAS, RCW 35A.12.070 requires that no Councilmember may increase or
decrease the salary during the current term of office; and
WHEREAS, the City Council wishes to retain a conservative compensation;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. TMC Chapter 2.05 Amended. Chapter 2.05 of the Tukwila Municipal
Code is hereby amended to read as follows:
CC: Legislative Development\Councilmember compensation for 2023 thru 2026 11-10-22
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Page 1 of 3
237
2.05.010 Council Compensation
A. Monthly compensation levels. Pursuant to the provisions of RCW
35A.12.070, members of the Tukwila City Council shall receive the following monthly
compensation during the years listed here according to their position and the date their
term of office commences:
B. Compensation review. At any time the Tukwila City Council compensation
rate of increase falls significantly below the cost of living increase as measured by the
Seattle -Tacoma -Bellevue Consumer Price Index (CPI -U), the City Council will review
and may increase the compensation accordingly.
Section 2. Repealer. Ordinance No. 2668 is hereby repealed.
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 five days
after passage and publication as provided by law.
CC: Legislative Development\Councilmember compensation for 2023 thru 2026 11-10-22
LH:bjs
238
Page 2 of 3
POSITIONS 1, 3, 5, 7
POSITIONS 2, 4, 6
YEAR
Current Term of Office:
1/1/22 —12/31 /25
Current Term of Office:
1/1/20 —12/31 /23
2023
$1,250/month
$1,250/month
2024
$1,250/month
$1,450/month
2025
$1,250/month
$1,450/month
2026
$1,450/month
$1,450/month
B. Compensation review. At any time the Tukwila City Council compensation
rate of increase falls significantly below the cost of living increase as measured by the
Seattle -Tacoma -Bellevue Consumer Price Index (CPI -U), the City Council will review
and may increase the compensation accordingly.
Section 2. Repealer. Ordinance No. 2668 is hereby repealed.
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 five days
after passage and publication as provided by law.
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LH:bjs
238
Page 2 of 3
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2022.
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\Councilmember compensation for 2023 thru 2026-11-10-22
LH:bjs
Page 3 of 3
239
240
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor's review
Council review
11/21/22
JR
ITEM INFORMATION
ITEM No.
6.G.
241
STAFF SPONSOR: BRITTANY ROBINSON
ORIGINAL AGENDA DATE: 11/21/22
AGENDA ITEM TITLE Surface
King
Water Fund — Nelsen Side Channel
County Open Spaces River Corridors Grant Award
CATEGORY ❑ Discussion
Altg Date
Motion
Date 11/21/22
❑ Resolution
Mtg Date
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
1
Mtg
SPONSOR ❑Council Mayor HR ❑DCD Finance Fire TS P&R ❑Police PIV ❑Court
SPONSOR'S The City recently received notification that it was awarded an OSRC grant award to fund
SUMMARY Nelsen Side Channel project design and permitting. This project will set the levee back to
create a ±1.2 -acre side channel, restore an acre of riparian forest, provide additional flood
storage, and provide public access to the river. Council is being asked to formally accept the
King County OSRC grant award in the amount of $250,000 for the Nelsen Side Channel
Project.
REVIEVG'ED BY
Trans&Infrastructure
❑ CommunitySvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dev.
❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
COMMITTEE CHAIR: KATE KRULLER
❑ LTAC
DATE: 11/07/22
RECOMMENDATIONS:
SPONSOR/ADMIN.
COMMITTEE
Public Works Department
Unanimous Approval; Forward to Regular Consent Agenda
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$250,000.00 $0.00 $0.00
Fund Source: GRANT AWARD
Comments: CIP Page 87
MTG. DATE
RECORD OF COUNCIL ACTION
MTG. DATE
ATTACHMENTS
11/21/22
Informational Memorandum dated 11/04/22
2021 CIP Page 87
Notice of Award
Minutes from Transportation and Infrastructure Committee meeting of 11/07/22
241
242
City of Tukwila
Allan Ekberg, Mayor
Public Works Department - Hari Ponnekanti, Director/City Engineer
INFORMATIONAL MEMORANDUM
TO: Transportation and Infrastructure Services Committee
FROM: Hari Ponnekanti, Public Works Director/ City Engineer
BY: Brittany Robinson, Public Works Grant Analyst
CC: Mayor Ekberg
DATE: November 4, 2022
SUBJECT: Surface Water Fund — Nelsen Side Channel
Project No. 91641203
King County Open Spaces River Corridors Grant Award
ISSUE
Accept a King County (KC) Open Spaces River Corridors (OSRC) grant award to fund the Nelsen Side
Channel Project.
BACKGROUND
The Nelsen side channel is a remnant section of the Green River as it existed prior to the construction
of the 1-405 in the 1960s. The remnant channel is separated from the mainstem of the river by a
constructed levee but offers potential as off -channel rearing habitat for threatened Puget Sound
Chinook salmon and other aquatic species. This project will set the levee back to create a ±1.2 -acre
side channel, restore an acre of riparian forest, provide additional flood storage and provide public
access to the river. Currently, there is a concept design in place for this project and property transfer
arrangements are underway between the City, WDNR and WSDOT.
DISCUSSION
In December 2021, Council approved staff to apply for OSRC funding. The OSRC program goal is to
deliver projects that help restore the natural functions of rivers and the benefits they provide to our
environment and communities. The City recently received notification that it was awarded an OSRC
grant award to fund Nelsen Side Channel project design and permitting.
FISCAL IMPACT
The City has been awarded $250,000 from the King County OSRC, which requires a 20% local city
match of $62,500. The City received $100,000 in grant funding from King County's Cooperative
Watershed Management fund, which can act as match for this grant.
Grant Award Fund Source Budget
OSRC Grant $ 250,000 KC CWM Grant $100,000
Required Match 62,500
Total $ 312,500
RECOMMENDATION
Council is being asked to formally accept the King County OSRC grant award in the amount of
$250,000 for the Nelsen Side Channel Project and consider this item on the Consent Agenda at the
November 21, 2022 Regular Council Meeting.
Attachments: 2021 CIP Page 87
Notice of Award
243
244
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2021 to 2026
PROJECT: Nelsen Salmon Habitat Side Channel Project No. 91641203
DESCRIPTION: Create an off -channel salmon rearing habitat side channel by connecting a segment of historic river
channel with the Green River.
JUSTIFICATION: WRIA 9 has identified this project a proposed action in the Salmon Habitat Plan.
I Ile piufeld ales Is pi Ili idi iiy WitilliI Jlale IdllUS, uul Lite litteiit Is Lu LId!isiei lu L I1y. I lie plUICIa !tidy Lell‘C FJIdue
STATUS: under an aquatic lease (DNR), depending on timing. Grant application for design funding submitted to
Floodplains
in 9n9n ,n,ifh o Into, nrnhnhilit , of ci Irrnee
MAINT. IMPACT: Expected to increase maintenance
COMMENT: Property acquisition to the north could create the opportunity for a side channel and additional flood storage, or
potentially combine this with Gilliam Creek Fish Barrier project depending on funding source feedback.
FINANCIAL Through Estimated
(in $000's)
2019 2020 2021
2022
2023
2024
2025
2026
BEYOND TOTAL
EXPENSES
512
�``
Project Location
;�� Nag,/`0:
_ )�
r
Design
50
220
240
A._
svoil
510
Land (R/W)
") I
ill
5
5
Iii,
A
I)
‘
10
Monitoring
/pI ®lice
D D
.
•
0
Const. Mgmt.
385
385
Construction
1,440
na
7 475IiIi
1,440
TOTAL EXPENSES
0
55
225
240
1,825
0
0
0
0
2,345
FUND SOURCES
$ 111111
`_
Aim
c alb
TUicwl�a "
Awarded Grant
S 160 St iiia �1 r
7
0
Proposed Grant
100
218
1,232
1,550
Mitigation Actual
0
Mitigation Expected
0
City Oper. Revenue
0
55
125
22
593
0
0
0
0
795
TOTAL SOURCES
0
55
225
240
1,825
0
0
0
0
2,345
2021 - 2026 Capital Improvement Program
87
245
512
�``
Project Location
;�� Nag,/`0:
_ )�
r
lR
. ,A,,,,,,...._
,,„
A._
svoil
, , 4v
") I
ill
Iii,
A
I)
‘
/pI ®lice
D D
.
•
na
7 475IiIi
7
!RIM
S 16 \
-4c�e�re� � ► + I
$ 111111
`_
Aim
c alb
TUicwl�a "
S 160 St iiia �1 r
7
2021 - 2026 Capital Improvement Program
87
245
246
Brittany Robinson
From: King County Parks Levy <administrator@grantinterface.com>
Sent: Tuesday, August 16, 2022 5:20 PM
To: Brittany Robinson
Cc: rmilholland@kingcounty.gov
Subject: Open Space — River Corridors Program Grant Award
Attachments: KC-W9.pdf; ACH_Agreement.pdf
08/16/2022
To:
Brittany Robinson, City of Tukwila
From: Rusty Milholland, Program Manager, King County Parks
Dear Brittany,
Congratulations, your Open Space — River Corridors grant award has been approved by the
King County Council! City of Tukwila was approved for Nelsen Side Channel in the amount of
$250,000.00. Your project is one of 14 grants totaling over $5 million in investments!
Please feel free to share our King County Parks press release with your community partners.
We appreciate your patience and support through our first Open Space — River Corridors
grant process. This grant program is supported by the voter -approved 2020-2025 Parks,
Recreation, Trails and Open Space Levy which generates about $110 million over six years
for grants for parks, recreation, and open space throughout King County.
To prepare for the contracting process, please complete the following next steps by August
31, 2022:
• Provide us with the name and email of signing authority: representative authorized
to sign the contract with King County
• For organizations that have not previously received funding from King County:
o Complete and sign W9: required to set-up your organization within our
contracting system
o Complete and sign ACH Form: required for direct deposit of grant
reimbursements
Once we receive this information, we will contact you to preview the next steps in
developing the contract. If you have questions or need additional information, please
contact Rusty Milholland, Program Manager, at rmilholland@kingcounty.gov or
206.848.0299.
Thank you for your commitment and partnership to restore the natural functions of rivers
and the benefits they provide to our natural environment and communities.
Sincerely,
Rusty Milholland
CAUTION: This email originated from outside the City of Tukwila network. Please DO NOT open attachments or click links from an unknown or suspicious origin.
2
City of Tukwila
City Council Transportation & Infrastructure Services Committee
Meeting Minutes
November 7, 2022 5:30 p.m. - Hybrid Meeting; Duwamish Conference Room & MS Teams
Councilmembers Present: Kate Kruller, Chair; Mohamed Abdi, Tosh Sharp
Staff Present: David Cline, Hari Ponnekanti, Griffin Lerner, Brittany Robinson, Joshua
Hartley, Mike Perfetti, Alison Turner, Chris Andree, Brandon Miles, Seong
Kim
Councilmember Kruller called the meeting to order at 5:30 p.m.
I. BUSINESS AGENDA
A. Public Works Campus, Phase 2 Update
Staff presented the update.
Committee Recommendation
Discussion only.
B. Ordinance: Right -of -Way Permits
Staff is seeking Council approval of an ordinance to amend sections of Tukwila Municipal
Code Chapter 11.08 Permits to improve procedures and align with the proposed
Consolidated Permit Fee Ordinance for 2023-2024.
Committee Recommendation
Unanimous approval. Forward to November 14, 2022 Committee of the Whole.
C. Grant Award: Nelsen Side Channel, Gilliam Creek, Riverton Creek Flapgate Removal.
Staff is seeking Council approval to accept a King County Cooperative Watershed
Management grant award in the amount of $390,000 for the three projects.
Committee Recommendation
Unanimous approval. Forward to November 21, 2022 Regular Consent Agenda.
D. Grant Award: Nelsen Side Channel
Staff is seeking Council approval to accept a King County Open Spaces River Corridor award in
the amount of $250,000 for the Nelsen Side Channel Project.
Committee Recommendation
Unanimous approval. Forward to November 21, 2022 Regular Consent Agenda.
249
250
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor's review
Council review
11/21/22
JR
ITEM INFORMATION
ITEM No.
6.H.
251
STAFF SPONSOR: BRITTANY ROBINSON
ORIGINAL AGENDA DATE: 11/21/22
AGENDA ITEM TITLE Surface
King
Water Fund — Nelsen Side Channel, Gilliam Creek, Riverton Creek
County Cooperative Watershed Management Grant Award
CATEGORY ❑ Discussion
Altg Date
Motion
Date 11/21/22
❑ Resolution
Mtg Date
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
1
Mtg
SPONSOR ❑Council Mayor HR ❑DCD Finance Fire TS P&R ❑Police PIV ❑Court
SPONSOR'S The City recently received notification that it was awarded King County CWM grant funding
SUMMARY for design of both the Nelsen Side Channel and Gilliam Creek Fish Barrier Removal projects,
as well as vegetation maintenance for the Riverton Creek project. Council is being asked to
formally accept the King County (KC) Cooperative Watershed Management (CWM) grant
award in the amount of $390,000 to fund the Gilliam Creek Fish Barrier Removal, Nelsen
Side Channel, and Riverton Creek Projects.
REVIEWED BY
Trans&Infrastructure
❑ CommunitySvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dev.
❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
COMMITTEE CHAIR: KATE KRULLER
❑ LTAC
DATE: 11/07/22
RECOMMENDATIONS:
SPONSOR/ADMIN.
COMMITTEE
Public Works Department
Unanimous Approval; Forward to Regular Consent Agenda
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$390,000.00 $0.00 $0.00
Fund Source: GRANT AWARD AND CITY MATCH
Comments: CIP Page 82, 85, 87, 90
MTG. DATE
RECORD OF COUNCIL ACTION
MTG. DATE
ATTACHMENTS
11/21/22
Informational Memorandum dated 11/04/22
2021 CIP Page 82, 85, 87, 90
Grant Contract
Minutes from Transportation and Infrastructure Committee meeting of 11/07/22
251
252
City of Tukwila
Allan Ekberg, Mayor
Public Works Department .. Hari Ponnekanti, Director/City Engineer
INFORMATIONAL MEMORANDUM
TO: Transportation and Infrastructure Services Committee
FROM: Hari Ponnekanti, Public Works Director/ City Engineer
BY: Brittany Robinson, Public Works Grant Analyst
CC: Mayor Ekberg
DATE: November 4, 2022
SUBJECT: Surface Water Fund — Nelsen Side Channel, Gilliam Creek, Riverton Creek
Project No. 91641203, 99830105, 99830103,
King County Cooperative Watershed Management Grant Award
ISSUE
Accept a King County Cooperative Watershed Management (CWM) grant award to fund the Gilliam Creek Fish Barrier
Removal, Nelsen Side Channel, and Riverton Creek Projects.
BACKGROUND
Nelsen Side Channel
The project will open up one acre of off -channel floodplain habitat and restore another acre of riparian forest by setting back a
levee and reconnecting the river with its historic channel.
Gilliam Creek Fish Barrier Removal
The project will create fish passage between Gilliam Creek and the Green River in Tukwila. 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.
Riverton Creek Flapgate Removal
The project was completed in 2021. This project restored fish access to Riverton Creek and reestablished previously
inaccessible rearing habitat at the confluence with the Duwamish River. In the early months of 2021, plants were installed to
restore vegetation at the project site. Actively managing the restored vegetation during the plant establishment period is
critical to ensuring that the restoration is successful, our investments are protected, and grantee obligations are met.
DISCUSSION
The City recently received notification that it was awarded King County CWM grant funding for design of both the Nelsen Side
Channel and Gilliam Creek Fish Barrier Removal projects, as well as vegetation maintenance for the Riverton Creek project.
FISCAL IMPACT
The City has been awarded $390,000 from the King County CWM. King County requires leverage to ensure that there is full
project funding. Leverage can come from other grant match or local City match. The majority of the leverage for these projects
will come from other grant sources, with the exception of $17,032 in match for the Riverton Creek Project. The City match for
the Riverton Creek project will come from the Green the Green CIP budget, which supports ongoing maintenance of
vegetation. The $55,000 budgeted in 2023 is sufficient to cover the City match.
Project Grant Award Leverage Source: Grants Source: City
Gilliam Creek $250,000 $1,161,000 $1,161,000 $0
Nelsen Side Channel 100,000 47,000 47,000 0
Riverton Creek 40,000 17,032 0 17,032
Total $390,000 $1,225,032 $1,208,000 $17,032
253
Informational Memorandum, Page 2
RECOMMENDATION
Council is being asked to formally accept the King County (KC) Cooperative Watershed Management (CWM) grant award in
the amount of $390,000 to fund the Gilliam Creek Fish Barrier Removal, Nelsen Side Channel, and Riverton Creek Projects
and consider this item on the Consent Agenda at the November 21, 2022 Regular Council Meeting.
Attachments: 2021 CIP Page 82, 85, 87, 90
Grant Contract
Https://Tukwilawa.Sharepoint.Com/Sites/Publicworks/Engineering/PW Drop Box/01 TIC Agenda/2022 Agenda Items/TIC 11-07-22/2. KC CWM Grant
Awards- Gilliam Creek, Nelsen Side Channel, Riverton Creek/Info Memo - KC CWM Grant Award.Docx
254
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2021 to 2026
PROJECT: Green the Green Program Project No. 91641202
DESCRIPTION: Interdepartmental effort to provide trees along the Green River and its tributaries in order to provide shade
and cooler water temperatures to threatened salmon and steelhead.
JUSTIFICATION: WRIA 9 has identified warm water temperatures as an impediment to salmon recovery, and has also started
a funding program called, "ReGreen the Green" which aims to support revegetation projects along the river.
STATUS: CIP utilized for restoration at NC Machinery & Southcenter Plaza. Planting completed and maintenance began
in 2020. Other opportunities are being identified in a collaborative effort between Public Works and DCD.
MAINT. IMPACT: Expected to increase maintenance.
COMMENT: Grant funding ongoing. Funding to date has come from WRIA9, King Co., and the Rose Foundation.
FINANCIAL Through Estimated
(in $000's)
2019 2020 2021
2022
2023
2024
2025
2026
BEYOND TOTAL
EXPENSES
Project Location
12lai
13• _
Design
30
5
20
5
20
5
20
5
30
140
Land (R/W)
. g
5
5
a/
3
5
18
Monitoring
10
20
20
30
30
20
45
45
220
Const. Mgmt.
2
7
20
20
20
20
89
Construction
45
136
\\�_e�
100
{
100
100
100
581
TOTAL EXPENSES
77
158
45
145
55
155
40
173
200
1,048
FUND SOURCES
Awarded Grants KC
19
113
132
Proposed Grants
50
50
50
50
200
Rose Foundation
13
12
25
Mitigation Expected
0
City Oper. Revenue
45
33
45
95
55
105
40
123
150
691
TOTAL SOURCES
77
158
45
145
55
155
40
173
200
1,048
2021 - 2026 Capital Improvement Program
82
255
Project Location
12lai
13• _
,
11111
1
. g
a/
m 5 1445t
..
slaast
m �♦
'Ir. , 'to 0: .T.4.1
bar Aillo
frr
A9U
A2
m - 47'
p6 /
��av
wg.S
156
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PROJECT:
DESCRIPTION:
JUSTIFICATION:
STATUS:
MAI NT. IMPACT:
COMMENT:
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2021 to 2026
Gilliam Creek Fish Barrier Removal
Project No. 99830105
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.
Enable fish access to lower Gilliam Creek under wider range of flow conditions; fish barrier per WDFW and
City; WRIA 9 salmon habitat project.
Analysis of lower Gilliam Creek is being conducted in 2018 to determine the best solution for fish passage
and to address potential flooding.
Likely a shift in maintenance commitments with potential elimination of flapgate maintenance.
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
\,r'
Project Location
: ,,
28
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Design
60
936
536
405
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1,937
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400
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Construction
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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
256 2021 - 2026 Capital Improvement Program
85
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CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2021 to 2026
PROJECT: Nelsen Salmon Habitat Side Channel Project No. 91641203
DESCRIPTION: Create an off -channel salmon rearing habitat side channel by connecting a segment of historic river
channel with the Green River.
JUSTIFICATION: WRIA 9 has identified this project a proposed action in the Salmon Habitat Plan.
I Ile piufeld ales Is pi Ili idi iiy WitilliI Jlale IdllUS, uul Lite litteiit Is Lu LId!isiei lu L I1y. I lie plUICIa !tidy Lell‘C FJIdue
STATUS: under an aquatic lease (DNR), depending on timing. Grant application for design funding submitted to
Floodplains
in 9n9n ,n,ifh o Into, nrnhnhilit , of ci Irrnee
MAINT. IMPACT: Expected to increase maintenance
COMMENT: Property acquisition to the north could create the opportunity for a side channel and additional flood storage, or
potentially combine this with Gilliam Creek Fish Barrier project depending on funding source feedback.
FINANCIAL Through Estimated
(in $000's)
2019 2020 2021
2022
2023
2024
2025
2026
BEYOND TOTAL
EXPENSES
512
�``
Project Location
;�� Nag,/`0:
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Design
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220
240
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Land (R/W)
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Monitoring
/pI ®lice
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0
Const. Mgmt.
385
385
Construction
1,440
na
7 475IiIi
1,440
TOTAL EXPENSES
0
55
225
240
1,825
0
0
0
0
2,345
FUND SOURCES
$ 111111
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Awarded Grant
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0
Proposed Grant
100
218
1,232
1,550
Mitigation Actual
0
Mitigation Expected
0
City Oper. Revenue
0
55
125
22
593
0
0
0
0
795
TOTAL SOURCES
0
55
225
240
1,825
0
0
0
0
2,345
2021 - 2026 Capital Improvement Program
87
257
512
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Project Location
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2021 - 2026 Capital Improvement Program
87
257
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2021 to 2026
PROJECT: Riverton Creek Flap Gate Removal Project No. 99830103
Remove two culverts and flap gates that confluence with the Duwamish River; daylight creek, install trail bridge
DESCRIPTION: over creek, habitat improvements and planting for 1,200 lineal feet of creek, inc 1/4 acre backwater wetland
habitat and 400 ft of river; associated structural improvements for TIB roadway and adjacent commercial
property.
JUSTIFICATION: Increase available salmonid rearing habitat and increase flood refuge in lower Duwamish River.
Improve fish access to Riverton Creek and enhance salmon rearing and resting area.
STATUS: Project construction began in 2020.
MAINT. IMPACT: Expected to increase maintenance.
Construction funding from the State RCO Salmon Recovery Funding Board, King County Cooperative
COMMENT: Watershed Management, King County Opportunity Funds, the WRIA 9 Re -green the Green Program and City
Surface Water Funds.
FINANCIAL Through Estimated
(in $000's)
2019 2020 2021
2022 2023 2024 2025 2026 BEYOND TOTAL
EXPENSES
Project Location
'� .. $+
II
PR
Design
391
l
/y ,
'y,
y
391
Land (R/W)
\, iit
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Ilkt
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♦1'
0
Monitoring
25
25
Const. Mgmt.
200
5
205
Construction
1,654
25
1,679
TOTAL EXPENSES
391
1,854
55
0
0
0
0
0
0
2,300
FUND SOURCES
Awarded Grant RCO
116
781
897
King County Grant
240
50
290
People for Puget S
30
30
Mitigation Expected
0
Utility Revenue
245
833
5
0
0
0
0
0
0
1,083
TOTAL SOURCES
391
1,854
55
0
0
0
0
0
0
2,300
258 2021 - 2026 Capital Improvement Program
90
Project Location
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258 2021 - 2026 Capital Improvement Program
90
Project Names:
Project No. 1: Gilliam Creek Fish Barrier Removal and Habitat Enhancement
Project No. 2: Nelsen Side Channel
Project No. 3: Riverton Creek Flapgate Removal
Award Numbers:
4.9.22.010
4.9.22.011
4.9.22.021
AGREEMENT FOR AWARD OF
COOPERATIVE WATERSHED MANAGEMENT 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"), for the purposes set forth herein. This Agreement shall be in effect from
the date of execution to December 31, 2025.
Primary Contact for King County- Kim Harper, Grant Administrator, 206-477-6079,
Kim.harper@kingcounty.gov.
Primary Contact for Recipient: Mike Perfetti, Surface Water Senior Project Manager, 206-550-
4930, Mike.perfetti@tukwila.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 cooperative
watershed management arrangements and actions for purposes of water quality, water
resource, and habitat protection and management;
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 District's annual
work program and budget;
1.3 Whereas, the Board of Supervisors of the District (the "Board"), the District's governing
body, passed Resolution FCD 2021-12 on November 9, 2021, authorizing the King
County executive or his designee to develop and administer a grant award program of up
to $10,309,697 in 2022 for water quality, water resources and habitat restoration and
management projects and activities in King County, provided that the project list is
approved by the Board;
1.4 Whereas, in accordance with Resolution FCD2012-07.2 and in its capacity as service
provider to the District, King County has established a grant award program, called the
Cooperative Watershed Management Award Program, to fund water quality, water
resources and habitat restoration and management projects and activities;
1.5 Whereas, the Recipient submitted applications to its respective WRIA forum or
committee for the Projects, as described in Exhibit A attached hereto and incorporated
herein by this reference, and that body has recommended the Projects for funding under
the Cooperative Watershed Management Grant Program in accordance with King
County's Cooperative Watershed Management Grant Program Policies and Procedures, a
copy of which has been furnished by King County to the Recipient and which are
Page 1 of 8
259
Project Names:
Project No. 1: Gilliam Creek Fish Barrier Removal and Habitat Enhancement
Project No. 2: Nelsen Side Channel
Project No. 3: Riverton Creek Flapgate Removal
Award Numbers:
4.9.22.010
4.9.22.011
4.9.22.021
incorporated herein by this reference ("Grant Policies and Procedures");
1.6 Whereas the District's Board of Supervisors has received a list of proposed projects that
includes the Projects, and the Board of Supervisors has approved the Projects, in
Resolution FCD2022-09, for funding up to the amount of $390,000 as follows: $250,000
for the Project titled "Gilliam Creek Fish Barrier Removal and Habitat Enhancement",
$100,000 for the Project titled "Nelsen Side Channel", and $40,000 for the Project titled
"Riverton Creek Flapgate Removal";
1.7 Whereas King County has received Scopes of Work and Budgets for the Projects from
the Recipient and has determined that the Scopes of Work, attached hereto and
incorporated herein as Exhibit B-1, B-2 and B-3, collectively referred to as "Scopes of
Work", and the Budgets, attached hereto and incorporated herein as Exhibit C ("Budget
Summary"), are consistent with the Grant Policies and Procedures;
1.8 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 the Policies and Procedures, and the
Recipient will implement the Projects.
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 award the Recipient an award in the total amount of $390,000
from District funds (the Award). The Award shall be used by the Recipient solely for the
performance of the Projects. King County shall pay the Recipient in accordance with the
Grant Policies and Procedures.
2.3. The Recipient represents and warrants that it will only use the Award for the Scopes of
Work of this Agreement and in accordance with the Project Budgets. 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 Scopes of Work and issuance of the Final Reports, as further described below.
2.4. Activities carried out for these Projects 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 Scopes of Work of this Agreement; 3) the expenses are incurred in carrying out the
Scopes of Work and are authorized by the Award as identified in the Budgets of this
Agreement; 4) such activities and expenses otherwise comply with all other terms of this
Agreement; and 5) such activities and expenses do not occur prior to the date the grants
Page 2 of 8
260
Project Names:
Project No. 1: Gilliam Creek Fish Barrier Removal and Habitat Enhancement
Project No. 2: Nelsen Side Channel
Project No. 3: Riverton Creek Flapgate Removal
Award Numbers:
4.9.22.010
4.9.22.011
4.9.22.021
were approved by the District and 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 for each project
separately using the Request for Payment form and Progress Report form, or online
equivalents to these forms upon the County's implementation of an online reporting
database, for those documented and allowable expenses identified in the Budgets and
according to the rules set forth in the Grant Policies and Procedures. Requests 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 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 Scopes of Work of this Agreement, and
identified as such in the Request for Payment. The amount of the advance may not
exceed 25% of the total award amount. Documentation of payments made from advances
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 for each Project
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
reports may be submitted on the Close-out Report form or online equivalent to this form
upon the County's implementation of an online reporting database. Each final report shall
include a summary of each Project's successes and shall address the watershed 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 8
261
Project Names:
Project No. 1: Gilliam Creek Fish Barrier Removal and Habitat Enhancement
Project No. 2: Nelsen Side Channel
Project No. 3: Riverton Creek Flapgate Removal
Award Numbers:
4.9.22.010
4.9.22.011
4.9.22.021
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, except to
the extent that the claim arises from the negligent acts or omissions of King County and
the District.
2.13. The Recipient agrees to acknowledge the District as a source of funding, and the WRIA
as a funding partner, for the Projects on all printed, online, and electronic documents;
signage or press releases; audio-visual materials; or any other materials produced in
association with the Projects. Grant recipients shall submit documentation of
acknowledgement activities with their final reporting documents.
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.
Page 4 of 8
262
Project Names:
Project No. 1: Gilliam Creek Fish Barrier Removal and Habitat Enhancement
Project No. 2: Nelsen Side Channel
Project No. 3: Riverton Creek Flapgate Removal
Award Numbers:
4.9.22.010
4.9.22.011
4.9.22.021
3.5. The Projects shall be completed by no later than December 31, 2025. In the event that
the Projects are 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.
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 King County Council, King
County's obligations are contingent upon the appropriation of sufficient funds by the
King County Council 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 8
263
Project Names:
Project No. 1: Gilliam Creek Fish Barrier Removal and Habitat Enhancement
Project No. 2: Nelsen Side Channel
Project No. 3: Riverton Creek Flapgate Removal
EXHIBIT A: Project Descriptions
Award Numbers:
4.9.22.010
4.9.22.011
4.9.22.021
WRIA
Project
Recipient
Description
Leverage
Award
9
Gilliam Creek Fish
Barrier Removal
and Habitat
Enhancement
City of
Tukwila
Create fish passage between Gilliam Creek and
the Green River in Tukwila. 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.
$1,161,000
$250,000
9
Nelsen Side
Channel
Open up one acre of off -channel floodplain
habitat and restore another acre of riparian
forest by setting back a levee and reconnecting
the river with its historic channel.
$47,000
$100,000
g
Riverton Creek
Flapgate Removal
Provide two years of maintenance of the Re-
green the Green funded revegetation portion
of the project that was completed in 2021.
$17,032
$40,000
TOTALS
$1,225,032
$390,000
Project Locations:
Project No. 1: The project is located on the Green River at the confluence with Gilliam Creek in the highly
developed Southcenter area of Tukwila. The project will improve the following habitats: mainstem edge,
confluence, and tributary. Within the Green-Duwamish watershed, this project is located within the lower Green
River, upstream of the salt wedge, but still tidally influenced. The lower Green River watershed is characterized by
its levee -restricted banks and massive warehousing district. The primary limiting factor for Chinook salmon
recovery in the lower Green is rearing habitat. The site has a narrow buffer of mixed vegetation, with a mature
cottonwood canopy; there are two local road stormwater outlets in the project area.
Project No. 2: The project is located on the right bank of the lower Green River at river mile 12.5-12.6, within the
highly developed Southcenter area of Tukwila. The project will improve mainstem edge habitat, off channel rearing
and restore adjacent riparian areas. This project lies within the tidally -influenced reach of Puget Sound, but
upstream of the salt wedge. The lower Green River watershed is characterized by its levee -restricted banks and
massive warehousing district. The primary limiting factors for Chinook salmon recovery in the lower Green are
rearing habitat and water quality, especially temperature. The site has a narrow buffer of mixed vegetation, with a
mature cottonwood canopy.
Project No. 3: The site is across the river from the Duwamish Gardens and Chinook Wind habitat restoration
projects, and adjacent to the SR 599 off ramp to Tukwila International Boulevard. It is located at Duwamish River
Mile 6.5, left bank.
Page 6 of 8
264
Project Names:
Project No. 1: Gilliam Creek Fish Barrier Removal and Habitat Enhancement
Project No. 2: Nelsen Side Channel
Project No. 3: Riverton Creek Flapgate Removal
Award Numbers:
4.9.22.010
4.9.22.011
4.9.22.021
EXHIBIT B-1: Scope of Work for Gilliam Creek Fish Barrier Removal and Habitat Enhancement
Task Title
Task Description (Include Activities and Deliverables)
Estimated
Percent of
Grant Budget
Month/Year
Task will be
Completed
Task 1: Project
Administration
(Required)
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 2023
Task 2:
Site survey and investigations
12%
December 2022
Task 3:
Concept Design
5%
March 2023
Task 4:
Preliminary Design/30%
12%
June 2023
Task 5:
60% Design
15%
May 2024
Task 6:
Design Permit Applications and Coordination
15%
June 2024
Task 7:
Stakeholder Coordination
10%
January 2025
Task 8:
90% Design
20%
January 2025
Task 9:
Final Design
10%
December 2025
EXHIBIT B-2: Scope of Work for Nelsen Side Channel
Task Title
Task Description (Include Activities and Deliverables)
Estimated
Percent of
Grant Budget
Month/Year
Task will be
Completed
Task 1: Project
Administration
(Required)
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.
2%
December 2025
Task 2:
Site analysis including survey, geotechnical, cultural,
hydrologic/hydraulic and critical area reports
15%
December 2023
Task 3:
Stakeholder coordination including property acquisitions,
stakeholder outreach and engagement
14%
September 2024
Task 4:
Preliminary design — including alternative designs, preferred
design and design development to 30%.
14%
March 2024
Task 5:
Plans, Specifications & Estimate — develop final project
plans, specifications and cost estimates with check -ins at
60% and 90% and 100%.
40%
September 2025
Task 6:
Permitting — develop permit application materials and
supporting documents; hold a pre -application meeting and
coordinate with permitting agencies through the application
and approval process.
15%
July 2025
Page 7 of 8
265
Project Names:
Project No. 1: Gilliam Creek Fish Barrier Removal and Habitat Enhancement
Project No. 2: Nelsen Side Channel
Project No. 3: Riverton Creek Flapgate Removal
EXHIBIT B-3: Scope of Work for Riverton Creek Flapgate Removal
Award Numbers:
4.9.22.010
4.9.22.011
4.9.22.021
Task Title
Task Description (Include Activities and Deliverables)
Estimated
Percent of
Total Budget
Month/Year
Task will be
Completed
Task 1: Project
Administration
(Required)
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.
5%
May 2025
Task 2:
Watering and weeding for 2 years: a contractor will weed
and water the restoration site for 2 years.
95%
March 2025
EXHIBIT C: Budget Summary
Budget Item
Grant Award Amount
Gilliam Creek Fish
Barrier Removal and
Habitat Enhancement
Nelsen Side
Channel
Riverton Creek
Flapgate Removal
Totals
Staffing
$10,000
$2,110
$1,793
$13,903
Project Supplies
$6,852
$6,852
Commercial Services & Crew
Time
$240,000
$97,890
$31,355
$369,245
Total
$250,000
$100,000
$40,000
$390,000
Page 8 of 8
266
City of Tukwila
City Council Transportation & Infrastructure Services Committee
Meeting Minutes
November 7, 2022 5:30 p.m. - Hybrid Meeting; Duwamish Conference Room & MS Teams
Councilmembers Present: Kate Kruller, Chair; Mohamed Abdi, Tosh Sharp
Staff Present: David Cline, Hari Ponnekanti, Griffin Lerner, Brittany Robinson, Joshua
Hartley, Mike Perfetti, Alison Turner, Chris Andree, Brandon Miles, Seong
Kim
Councilmember Kruller called the meeting to order at 5:30 p.m.
I. BUSINESS AGENDA
A. Public Works Campus, Phase 2 Update
Staff presented the update.
Committee Recommendation
Discussion only.
B. Ordinance: Right -of -Way Permits
Staff is seeking Council approval of an ordinance to amend sections of Tukwila Municipal
Code Chapter 11.08 Permits to improve procedures and align with the proposed
Consolidated Permit Fee Ordinance for 2023-2024.
Committee Recommendation
Unanimous approval. Forward to November 14, 2022 Committee of the Whole.
C. Grant Award: Nelsen Side Channel, Gilliam Creek, Riverton Creek Flapgate Removal.
Staff is seeking Council approval to accept a King County Cooperative Watershed
Management grant award in the amount of $390,000 for the three projects.
Committee Recommendation
Unanimous approval. Forward to November 21, 2022 Regular Consent Agenda.
D. Grant Award: Nelsen Side Channel
Staff is seeking Council approval to accept a King County Open Spaces River Corridor award in
the amount of $250,000 for the Nelsen Side Channel Project.
Committee Recommendation
Unanimous approval. Forward to November 21, 2022 Regular Consent Agenda.
267
268
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor's review
Council review
11/21/22
JR
ITEM INFORMATION
ITEM No.
6.1.
269
STAFF SPONSOR: BRITTANY ROBINSON
ORIGINAL AGENDA DATE: 11/21/22
AGENDA ITEM TITLE Surface
King
Water Fund — Gilliam Creek and S 131st Street
County Flood Control District Flood Reduction Grant Award
CATEGORY ❑ Discussion
Altg Date
Motion
Date 11/21/22
❑ Resolution
Mtg Date
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
1
Mtg
SPONSOR ❑Council Mayor HR ❑DCD Finance Fire TS P&R ❑Police PIV ❑Court
SPONSOR'S The City recently received notification that it was awarded the KCFCD Flood Reduction
SUMMARY grant to fund design for both the Gilliam Creek Fish Barrier Removal and S 131st Street
Drainage Improvements projects. The funding is used to improve the County's aging and
inadequate flood protection facilities. Council is being asked to formally accept the King
County Flood Control District Flood Reduction grant award in the amount of $350,000 to
fund the Gilliam Creek Fish Barrier Removal and S 131st Drainage Improvements projects.
REVIEWED BY
Trans&Infrastructure
❑ CommunitySvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dev.
❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
COMMITTEE CHAIR: KATE KRULLER
❑ LTAC
DATE: 11/07/22
RECOMMENDATIONS:
SPONSOR/ADMIN.
COMMITTEE
Public Works Department
Unanimous Approval; Forward to Regular Consent Agenda
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$350,000.00 $0.00 $0.00
Fund Source: GRANT AWARD
Comments: CIP Page 85, 89
MTG. DATE
RECORD OF COUNCIL ACTION
MTG. DATE
ATTACHMENTS
11/21/22
Informational Memorandum dated 11/04/22
2021 CIP Page 85, 89
Grant Contract
Minutes from Transportation and Infrastructure Committee meeting of 11/07/22
269
270
City of Tukwila
Aran Ekberg, Mayor
Prlbk Works Department - Harr Parrnekorrti, Director/City Engineer
INFORMATIONAL MEMORANDUM
TO: Transportation and Infrastructure Services Committee
FROM: Hari Ponnekanti, Public Works Director/ City Engineer
BY: Brittany Robinson, Public Works Grant Analyst
CC: Mayor Ekberg
DATE: November 4, 2022
SUBJECT: Surface Water Fund — Gilliam Creek and S 131' Street
Project No. 99830105, 91641204
King County Flood Control District Flood Reduction Grant Award
ISSUE
Accept a King County Flood Control District (KCFCD) Flood Reduction grant award to fund the Gilliam Creek Fish Barrier
Removal and S 131st Drainage Improvements projects.
BACKGROUND
Gilliam Creek Fish Barrier Removal
The project will create fish passage between Gilliam Creek and the Green River in Tukwila. 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.
S 131St Street Drainage Improvements
The primary goals of this project are to address local flooding of roadway and adjacent private properties and address
upstream issues that contribute to flooding, water quality concerns and present fish barriers and habitat degradation.
DISCUSSION
The City recently received notification that it was awarded the KCFCD Flood Reduction grant to fund design for both the
Gilliam Creek Fish Barrier Removal and S 131st Street Drainage Improvements projects. KCFCD provides funding to improve
the County's aging and inadequate flood protection facilities.
FISCAL IMPACT
The City has been awarded $350,000 from the KCFCD Flood Reduction grant. King County requires leverage to ensure that
there is full project funding. Leverage can come from other grant match and local City match. No City match will be required as
all match will come from other grant sources.
Project Grant Award Leverage Grant Match City Match
Gilliam Creek $250,000 $1,161,000 $1,161,000 $0
S 131St Street 100,000 127,720 127,720 0
Total $350,000 $1,288,720 $1,288,720 $0
RECOMMENDATION
Council is being asked to formally accept the King County Flood Control District Flood Reduction grant award in the amount of
$350,000 to fund the Gilliam Creek Fish Barrier Removal and S 131st Drainage Improvements projects and consider this item
on the Consent Agenda at the November 21, 2022 Regular Council Meeting.
Attachments: 2021 CIP Page 85, 89
Grant Contract
271
272
PROJECT:
DESCRIPTION:
JUSTIFICATION:
STATUS:
MAI NT. IMPACT:
COMMENT:
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2021 to 2026
Gilliam Creek Fish Barrier Removal
Project No. 99830105
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.
Enable fish access to lower Gilliam Creek under wider range of flow conditions; fish barrier per WDFW and
City; WRIA 9 salmon habitat project.
Analysis of lower Gilliam Creek is being conducted in 2018 to determine the best solution for fish passage
and to address potential flooding.
Likely a shift in maintenance commitments with potential elimination of flapgate maintenance.
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
°5
12.
\,r'
Project Location
: ,,
287
mi 1jr
.A..,
Design
60
'11;h
SI
936
536
405
Alits_
31 ;aj
1,937
Land (R/W)
9a
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mm
m
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aw
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,
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St
m '47 S1 - 1
7 I
752
400
av
1152
Construction
j
5,200
2,000
13 `thee Ill . ► /f/
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
273
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2021 - 2026 Capital Improvement Program
85
273
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2021 to 2026
PROJECT: S 131st Place Drainage Improvements Project No. 91641204
DESCRIPTION: Design and replace an existing 36" culvert under S. 131st PI. Raise the roadway approximately 18" and/or
provide a concrete wall or other means to keep Southgate Creek within its banks during storm events.
JUSTIFICATION: Southgate Creek overtops its bank several times per year during storm events and runs through private
property. Debris is deposited within a private driveway and storm system.
STATUS: Maintenance is performed annually on the creek to remove excess sedimentation to reduce the likelihood
of flooding.
MAINT. IMPACT: Reduce the frequency of stream sediment removal and storm cleanup.
COMMENT: Project will require an HPA. Will consider combining with a future overlay project to reduce overall costs.
A grant request for $200K was submitted to the KCFCD in 2020.
FINANCIAL Through Estimated
(in $000's)
2019 2020 2021
2022
2023
2024
2025
2026
BEYOND TOTAL
EXPENSES
Project Locationvie
,Taller_
S
,1�
30 St illi
\l-
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32 Ave
M"
Altti.N
%Li
\
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100
150
%
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250
Land (R/W)
5 144
Stis
I/
0
Const. Mgmt.
st
150
150
Construction
LI-
014 •
850
Abe
r
/ S 15fi St
st
\\��
850
TOTAL EXPENSES
0
100
150
1,000
0
0
0
0
0
1,250
FUND SOURCES
Awarded Grant
0
Proposed Grant
100
150
250
Mitigation Actual
0
Mitigation Expected
0
City Oper. Revenue
0
100
50
850
0
0
0
0
0
1,000
TOTAL SOURCES
0
100
150
1,000
0
0
0
0
0
1,250
274 2021 - 2026 Capital Improvement Program
89
Project Locationvie
,Taller_
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l`T�— <o �1211111 �GIS
274 2021 - 2026 Capital Improvement Program
89
Project Name: Award Number:
Project No. 1: Gilliam Creek Fish Passage and Habitat Enhancement 4.22.35
Project No. 2: S 131st Street Drainage Improvements /DUW 19- Southgate Creek Restoration 4.22.49
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, 2025.
Project Contacts:
Contact for King County: Kim Harper, Grant Administrator, 206-477-6079,
Kim.harper@kingcounty.gov.
Primary Contact for Recipient: Mike Perfetti, Surface Water Senior Program Manager, 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 District's 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 9, 2021, the Board passed
Resolution FCD2021-12, which authorized an allocation of $12,000,000 from the
District's 2022 budget to fund flood reduction projects; and
1.4 Whereas, on October 11, 2022, the District's Board of Supervisors passed Resolution
FCD2022-12, 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
Page 1 of 7
275
Project Name: Award Number:
Project No. 1: Gilliam Creek Fish Passage and Habitat Enhancement 4.22.35
Project No. 2: S 131st Street Drainage Improvements /DUW 19- Southgate Creek Restoration 4.22.49
1.6 Whereas, the Recipient submitted an application to receive funds for projects to be
funded by the Flood Reduction Grant Program; and
1.7 Whereas the District's Board of Supervisors approved funding of Recipient's application
for the projects ("Projects"), as described in Attachment A to Resolution FCD2022-12 in
the amount of $350,000 ("Award") as follows: $250,000 for the Project titled "Gilliam
Creek Fish Passage and Habitat Enhancement", and $100,000 for the Project titled "S
131st Street Drainage Improvements /DUW 19- Southgate Creek Restoration"; 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 Scopes of Work, attached hereto and
incorporated herein as Exhibit B-1 and B-2, collectively referred to as_"Scopes of Work",
and the Budgets, 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 FCD2022-12, and the Grant
Policies and Procedures, and under which the Recipient will implement the Projects.
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
$350,000 from District funds. The Award shall be used by the Recipient solely for the
performance of the Projects, as described in Exhibit A to this Agreement. Exhibit A,
attached hereto and incorporated herein by this reference, contains a description of the
Projects as described in Attachment A to Resolution FCD2022-12. 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 Budgets. 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 Scopes 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 Scopes of Work and issuance of the Final Reports, as further described below.
2.4. Activities carried out for these Projects and expenses incurred by the Recipient may
predate the execution date of this Agreement provided that 1) they have been identified
Page 2 of 7
276
Project Name: Award Number:
Project No. 1: Gilliam Creek Fish Passage and Habitat Enhancement 4.22.35
Project No. 2: S 131st Street Drainage Improvements /DUW 19- Southgate Creek Restoration 4.22.49
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 Scopes 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 Budgets of this
Agreement; 4) the activities occur after the District passes a resolution approving an
award for the Projects; 5) such activities and expenses otherwise comply with all
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 for each project using the
Request for Payment form and Progress Report form, or online equivalents to these forms
upon the County's implementation of an online reporting database, for those documented
and allowable expenses identified in the Budgets and according to the rules set forth in
the Grant Policies and Procedures. 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 and backup documentation of claimed expenses 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 Scopes 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 for each Project
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, or online equivalent to this form
upon the County's implementation of an online reporting database. Each final report
shall include a summary of each 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.
Page 3 of 7
277
Project Name: Award Number:
Project No. 1: Gilliam Creek Fish Passage and Habitat Enhancement 4.22.35
Project No. 2: S 131st Street Drainage Improvements /DUW 19- Southgate Creek Restoration 4.22.49
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.
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 Projects
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
Page 4 of 7
278
Project Name: Award Number:
Project No. 1: Gilliam Creek Fish Passage and Habitat Enhancement 4.22.35
Project No. 2: S 131st Street Drainage Improvements /DUW 19- Southgate Creek Restoration 4.22.49
on behalf of such party and that such party is bound by the signature of such
representative.
3.5. The Projects shall be completed by no later than December 31, 2025. In the event that
the Projects are 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.
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 7
279
Project Name: Award Number:
Project No. 1: Gilliam Creek Fish Passage and Habitat Enhancement 4.22.35
Project No. 2: S 131st Street Drainage Improvements /DUW 19- Southgate Creek Restoration 4.22.49
EXHIBIT A: PROJECT DESCRIPTION
PROJECT NAME
RECIPIENT
DESCRIPTION
LEVERAGE
AWARD
Gilliam Creek
Fish Passage and
Habitat
Enhancement
City of
Tukwila
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.
$600,000
$250,000
S 131st Street
Drainage
Improvements
/DUW 19
Southgate Creek
Restoration
Southgate Creek overtops its banks approximately twice
annually and flows down a private driveway resulting in
flooding, debris cleanup, and minor property damage.
The scope of the design work will be to analyze options
and develop a design that would replace an undersized
48" culvert under S. 131St Street and potentially raise the
roadway. In addition, the City will analyze upstream
conditions to identify sources of sedimentation and
erosion that contribute to flooding issues within the S
131' Street project area; this effort will also identify
conveyance, fish passage, water quality and habitat issues
and develop a project list that will improve conditions
within Southgate Creek.
$327,720
$100,000
TOTALS
$927,720
$350,000
EXHIBIT B-1: Scope of Work for Gilliam Creek Fish Passage and Habitat Enhancement
TASKS
ACTIVITIES AND DELIVERABLES
APPROX.
PERCENT OF
AWARD
REQUEST
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%
December
2025
Task 2:
Permitting
The City will hire a professional design consulting team to
execute permitting for the preferred alternative up to 100%
design. Deliverables will be the permits for design and
construction.
39%
March 2025
Task 3: Design
The City will hire a professional design consulting team to
execute design for the preferred alternative up to 100% design.
Deliverable will be plans, specifications, and cost estimates to
prepare the project for the construction phase.
60%
December
2025
Page 6 of 7
280
Project Name: Award Number:
Project No. 1: Gilliam Creek Fish Passage and Habitat Enhancement 4.22.35
Project No. 2: S 131st Street Drainage Improvements /DUW 19- Southgate Creek Restoration 4.22.49
EXHIBIT B-2: Scope of Work for S 131st Street Drainage Improvements /DUW 19- Southgate
Creek Restoration
TASKS
ACTIVITIES AND DELIVERABLES
APPROX.
PERCENT OF
AWARD
REQUEST
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.
5%
December
2025
Task 2: Design
& Permitting
Design and permitting for the S 131' Street drainage project.
Deliverables will include site survey, studies and reports;
alternative analysis, permitting, and 30%, 60%, 90% plans,
specifications and estimate.
65%
December
2024
Task 3:
Analysis
Watershed -scale analysis identifying urban stream issues related
to flooding, flow, erosion, water quality, habitat and fish
passage. Develop a report and prioritized list of potential
projects.
30%
December
2025
EXHIBIT C: BUDGET
Budget Item
Grant Award Amount
Gilliam Creek Fish
Passage and Habitat
Enhancement
S 131st Street Drainage
Improvements /DUW 19 -
Southgate Creek
Restoration
Totals
Staffing
$5,000
$2,500
$7,500
Commercial Services & Crew Time
$95,000
$247,500
$342,500
Total
$100,000
$250,000
$350,000
Page 7 of 7
281
282
Transportation & Infrastructure Services Committee Minutes November 7, 2022
E. Grant Award: Gilliam Creek & S. 131st St Drainage Improvements
Staff is seeking Council approval to accept King County Flood Control District Flood Reduction
*funds in the amount of $350,000 for the projects.
Committee Recommendation
Unanimous approval. Forward to November 21, 2022 Regular Consent Agenda.
F. Grant Award: Gilliam Creek Fish Barrier Removal
Staff is seeking Council approval to accept a Recreation and Conservation Office Salmon
Recovery Fund Board grant award in the amount of $250,000 for the project.
Committee Recommendation
Unanimous approval. Forward to November 21, 2022 Regular Consent Agenda.
G. Grant Award: South King County Transportation Demand Management
Staff is seeking Council approval to accept a Federal Highway Administration Congestion
Mitigation and Air Quality Improvement Program award in the amount of $450,000 to continue
providing TDM services through 2024.
Committee Recommendation
Unanimous approval. Forward to November 21, 2022 Regular Consent Agenda.
H. Via to Transit & Free Youth Transit
Staff provided an overview of the programs offered by King County Metro.
Item(s) for follow-up:
Provide information on rider safety measures, driver vetting, traveling with strollers and car
seats, and liability.
Committee Recommendation
Discussion only.
Miscellaneous
Chair Kruller mentioned a resident inquiry about any Comprehensive Plan or zoning proposals
relative to the Boeing Access Road infill light rail station.
Chair Kruller mentioned that residents are concerned about lack of landslide protections at a
development on 56th Avenue South.
The meeting adjourned at 6:14 p.m.
Committee Chair Approval
Minutes by LH
283
284
TO:
City of Tukwila
Allan Ekberg, Mayor
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 16, 2022
SUBJECT: City Administrator's Report
The City Administrator Report is meant to provide the Council, staff and community an update on
the activities of the City and on issues that concern Tukwila. Please let me know if you have any
questions or need additional information about any of the following items.
I. Intergovernmental Update
• Meeting with Senator Dhingra: On November 2 Mayor Ekberg joined other local Mayors in a
meeting with Manka Senator Dhingra and Deputy Majority Leader of the Washington State
Senate to discuss the impact of the Blake decision.
• King County CityManager/City Administrator Meeting: City Administrator David Cline
attended a King County City Managers/City Administrators meeting on November 2 that
included a roundtable discussion on Compensation Studies, an update from Sound Cities
Association (SCA) and introduction of the new SCA Director, David Hoffman, a legislative
update from Association of Washington Cities and an update from Washington City/County
Management Association and the International City/County Management Association.
• Sound Cities Association Mayors Meeting: On November 8 Mayor Ekberg participated in a
Sound Cities Association Mayors Meeting.
• Meeting with Senator Hasegawa: Mayor Ekberg met with Washington State Senator Bob
Hasegawa on November 9.
• Association of Washington Cities Housing Solutions Committee Meeting: On November 10
Mayor Ekberg participated in an Association of Washington Cities Housing Solutions
Committee meeting.
• WRIA 9 Watershed Ecosystem Forum: Mayor Ekberg participated in a WRIA 9 Watershed
Ecosystem Forum meeting on November 10.
• Museum of Flight Veterans Day Program: Mayor Ekberg offered welcoming remarks at the
Museum of Flight Veterans Day Program on November 11. Councilmember Kruller attended
the event.
Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov
285
City Administrator's Report
November 16, 2022
Page 2
II. Community Events
• Foster Golf Links hosted the First Tee Tournament of Champions on November 13, 2022. The
youth program empowers kids and teens through the game of golf.
• Parks & Recreation's elementary school intramural soccer season just wrapped up with 70 kids
participating this fall. Basketball is next with games beginning in January.
• The Bhutanese Community Resource Center Volunteers planted 20 5 -gallon trees at Tukwila
Park.
• 45 ninth graders from the Maritime School participated in a planting event at the Duwamish
Hill Preserve, planting 50 Nodding Onion, 30 Columbine and 30 Coastal Strawberries.
ill. Staff Updates
Public Safety
• Chief Dreyer met with several potential volunteer candidates interested in participating in the
Tukwila Police Department's hiring process and the Police Department strategic plan effort.
• On November 5, 2022, Tukwila Police Department recruiters, training coordinator and school
resource officer participated in a Diversity in Law Enforcement career workshop in Renton,
which had 120 registrants.
• Officers have conducted extra patrols at SHAG and contacts made with several residents to
discuss issues in the area.
Project Updates
• The Public Works Shops, Fleet & Facilities Building, roof project has begun but is weather
dependent.
• Nearly all project work is complete on the 2022 Annual Overlay Program, with only final
channelization and miscellaneous repairs and corrections left.
Boards, Commissions and Committees
• Arts Commission: The next meeting is scheduled for November 30, 2022.
2 Resident position terms expire December 31, 2022.
No vacancies.
• Civil Service Commission: The next meeting is scheduled for November 17, 2022.
No terms set to expire in 2022.
No vacancies.
• COPCAB: The next meeting is scheduled for December 8, 2022.
1 Business Representative position term expires December 31, 2022.
1 Resident position term expires December 31, 2022.
1 School District Representative position term expires December 31, 2022.
VACANT: 2 Resident positions, 1 School District Representative and Student Representative.
• Equity & Social Justice Commission: The next meeting is scheduled for December 1, 2022.
1 City Employee position term expires December 31, 2022.
Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov
286
City Administrator's Report
November 16, 2022
Page 3
1 Education/Community position terms expires December 31, 2022.
2 Community Representative position terms expire December 31, 2022.
VACANT: 1 Community Representative. One application has been received.
• Human Services Advisory Board: The next meeting is being scheduled for December, 2022.
1 Medical/Health position term expires December 31, 2022.
1 School District Representative position term expires December 31, 2022.
1 Resident position term expires December 31, 2022.
VACANT: 1 School District Representative, 1 Resident position and 1 Business Community
Representative. One application has been received.
• Library Advisory Board: The next meeting is scheduled for December 13, 2022.
4 Resident position terms expire December 31, 2022.
VACANT: Student Representative.
• Lodging Tax Advisory Committee: The next meeting is scheduled for December 9, 2022.
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 December 14, 2022.
2 Community position terms expire December 31, 2022.
VACANT: 1 Community Representative and Student Representative.
• Planning Commission: The next meeting is scheduled for December 8, 2022.
3 Resident position terms expire December 31, 2022.
No vacancies. Four applications have been received.
Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov
287
288
UPCOMING MEETINGS AND EVENTS
NOVEMBER - DECEMBER 2022
City Council meetings and Council Committee meetings will be conducted in a hybrid model, with in-person and virtual attendance available.
NOV 21 MON
NOV 22 TUE
NOV 23 WED
NOV 24 THU
NOV 25 FRI
NOV 26 SAT
➢Planning and Community�w,,,;w
Development Committee
5:30 PM
City Hall - Hazelnut Roomr°
Hybrid Meeting
➢Transportation and
Infrastructure Services
Committee
5:30 PM
6300 Building - Duwamish
Room on 2,d Floor
Hybrid Meeting
➢City Council Regular
Meeting
7:00 PM
City Hall Council Chambers
Hybrid Meeting
SENIOR
THANKSGIVING
LUNCHEON
The 33rd Annual Senior
Adult Thanksgiving
Luncheon is FREE and
you may register online
or in-person.
11:00 AM-1:OOPM
Click here to register
and be on the waitlist
or call 206-768-2822.
Special Budget
Work Session
Meeting
5:30 PM
City Hall Council
Chambers
Hybrid Meeting
➢ArtsCommission
Rescheduled to Nov 30
11/�
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Community Center closed.
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Community Center closed.
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SPIRIT
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GIVING
SPIRIT OF GIVING CAMPAIGN
FOR FAMILIES IN NEED
Use your buying power today on
Black Friday to shop for Tukwila
School District students in need
and their families.
Click here for more
information.
k Committee
TUKWILA
INTERNATIONAL
BOULEVARD
COMMITTEE
TRASH PICK-UP
For more information,
Sharon M3
616.
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Action
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ACTION
DAY
call
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.206-200.
NOV 28 MON
NOV 29 TUE
NOV 30 WED
DEC 1 THU
DEC 2 FRI
DEC 3 SAT
➢ Community Services and
Safety Committee
5:30 PM
City Hall - Hazelnut Room
Hybrid Meeting
➢ Finance and Governance
Committee
5:30 PM
-
6300 BuildingDuwamish
Room on 2"d Floor
Hybrid Meeting
`r Cit
CommitteeCouncil
the Whole
Meeting
ee PM
City7:Hall Council Chambers
Hybrid Meeting
Special Meeting to
immediately follow
Committee of the Whole
Meeting.
> Arts Commission
6:00 PM
Tukwila Community Center
Give Blood = Save 3 Lives
o0 0o
, .
DONATE BLOOD AND ENTER
TO WIN A NINTENDO
SWITCH PLUS 3 VIDEO
GAMES OR A VIP GRAMMY
AWARDS EXPERIENCE!
Your donation is critical! Our
community is dangerously low
on the platelets and Type 0
blood needed to supply each of
the cancer and surgery patients.
To schedule an appointment,
call 1-800-398-7888.
Click here to schedule an
appointment online.
➢ Equity and Social
Justice Commission
5:30 PM
Tukwila Justice Center
15005 Tukwila Intl Blvd
Hybrid Meeting
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GIVING
SPIRIT OF GIVING CAMPAIGN
FOR FAMILIES IN NEED
Tukwila Parks & Recreation is
partnering with Rotary Club of
SeaTac-Tukwila for the 2022
Spirit of Giving Campaign.
Together, we will reduce financial
stress for caregivers and help
create a time of ease and joy for
Tukwila School families in need.
Our goal is to serve 350 or more
children this year. You can help
by hosting a collection drive at
your church, school, office, etc.
Or, donate unwrapped items, gift
cards or money.
Click here for more
information.
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1-47315
DAYS OF
GOODNESS WITH
SEATTLE SEAHAWKS
This free event will be
held on Dec 14 for
Veterans (50 + years) and
their family only. Includes
special guest
appearances by
Seahawks Legends and
surprise entertainment.
Enjoy lunch, prizes and
photo opportunities.
Burien can transport up to
10 participants. First
come, first served.
Click here to register.
w„o.>s POLICE DEPARTMENT IS HIRING!
Join our team and write your future chapter with us. Become a part of our Tukwila PD family and our community. We offer a supportive environment
.1 including a supportive community, supportive elected officials, supportive command staff and opportunities to train and build your future with us. We are
9s hiring Entry Level and Lateral Officers. Click here for more information.
POLICE DEPARTMENT HIRING PROCESS VOLUNTEERS NEEDED
Tukwila Police Department is seeking members of the community who are interested in volunteering with the Police Department hiring process as members of an
interview panel for selection of Police Department staff. Click here for more information and to apply.
CONSTRUCTION VOLUNTEERS NEEDED FOR THE RIVERTON TINY HOMES!
.r Nov 2 will be the start of volunteer opportunities. The construction will be 3 days a week, Wednesdays, Thursdays & Fridays. There will be group work
parties on Saturdays, Nov 12 & 17. We are hoping to complete this community by Thanksgiving. Click here for more information.
DRIVE THRU PICK-UP 3118 S 140TH ST TUESDAYS, THURSDAYS AND SATURDAYS 10:00 AM - 2:00 PM
VOLUNTEERS - In need of volunteers for food packaging or food distributions. For food package, email . For distributions, click here to sign up.
DONORS - Please donate at TukwilaPantry.org.
STILL WATERS SNACKPACK NEEDS YOUR DONATIONS AND VOLUNTEER HELP!
SnackPack serves food bags on Fridays to Tukwila students in need.
Volunteers needed on Wednesdays, Thursdays and Fridays.
To help pack food, email StillWatersFamilyServices@gmail.com. To deliver food, click here to register with Tukwila School District.
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Please donate to feed our Tukwila kids. Click here to donate online or mail checks to Still Waters, PO Box 88576, Tukwila WA 98138.
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LVIA TO TRANSIT
Get around town with the click of a button or a phone call. Use Via to Transit for fast and affordable rides to the Tukwila Community Center, Tukwila Light
Rail Station, or from these hubs to nearby locations. Like other transit, this service is free for youth. Click here for more information.
KingColnty COVID-19 VACCINATION
All Washingtonians ages 5 and up are eligible to receive a COVID-19 vaccination—and now also babies and children 6 months and older. For more information, visit
Getting vaccinated in King County or call 206-477-3977. You can also search at vaccinelocator.doh.wa.gov Interpreters available for assistance. Telephone-to-text relay
service: Dial 711 or 1-800-833-6384. Tactile interpretation: seattledbsc.org.
FREE EMPLOYMENT SERVICES AND SKILLS TRAINING
Learn about the free services and programs provided by Puget Sound Training Center. Registration not required. Reasonable accommodation for people
with disabilities per request. Email access@kcls.org at least 7 days before the event. Click here for more information and multiple dates.
GET CERTIFIED AT YOUR LIBRARY FOR FREE!
Take free online classes, practice tests and Certiport certification exams. Get certified in MS Office, Adobe, QuickBooks, coding and more! You will
need your KCLS library card number and PIN to access some resources. Click here for more information and registration.
& EARN BELLEVUE COLLEGE CREDIT!
from Cisco, and apply for college credit from Bellevue College. The courses are online, self-paced and free.
information and register to enroll in the tech courses.
4mrKING
COUNTY
LIBRARY
Inh, S y .1 F M
FREE TECH COURSES
Take free tech courses
Click here for more
289
Tentative Agenda Schedule
MEETING 1 —
REGULAR
MEETING 2 —
C.O.W.
MEETING 3 —
REGULAR
MEETING 4 —
C.O.W.
NOVEMBER 7
See below link for the agenda packet
to view the agenda items:
November 7, 2022
Regular Meeting
NOVEMBER 14
See below link for the agenda packet
to view the agenda items:
November 14, 2022
Committee of the Whole Meeting
NOVEMBER 21
See below link for the agenda packet
to view the agenda items:
November 21, 2022
Regular Meeting
NOVEMBER 28
SPECIAL ISSUES
- Legislative Agenda:
- A legislative update from David
Foster, City Lobbyist.
- A resolution adopting a Legislative
Agenda for use during the 2023
Washington State Legislative
Session.
- Puget Sound Regional Fire Authority
(PSRFA):
- Transition of Fire Services: Next
Steps and Legislation.
- Resolution to Seek Annexation into
the PRSFA.
- Impact Fee updates:
- Ordinance updating Fire Impact
Fees.
- Ordinance updating Park Impact
Fees.
- Grant agreement for the Co -
Responder Program in the amount of
$92,083.00.
Special Meeting to follow Committee
of the Whole Meeting.
MEETING 1 —
REGULAR
MEETING 2 —
C.O.W.
MEETING 3 —
REGULAR
MEETING 4 —
C.O.W.
DECEMBER 5
CONSENT AGENDA
- Approve an application for Lodging Tax
Funds from the City of Tukwila for
Experience Tukwila for $190,000.00,
2023-2024 Basic Operations for
$338,048.00, and 2023-2024 Seattle
SeaWolves Partnership for
$150,000.00.
- Resolution adopting 2023 Legislative
Agenda.
- Puget Sound Regional Fire Authority
(PSRFA):
- Transition of Fire Services: Next
Steps and Legislation.
- Resolution to Seek Annexation into
the PRSFA.
UNIFINISHED BUSINESS
- Impact Fee updates:
- Ordinance updating Fire Impact Fees.
- Ordinance updating Park Impact
Fees.
- Authorize the Mayor to sign a grant
agreement for the Co -Responder
Program in the amount of $92,083.00.
DECEMBER 12
SPECIAL ISSUES
- An ordinance authorizing the use of
automated speed cameras in Park zones.
- An update on the Public Works Shops
Phase 2 — Test -to -Fit project.
- A resolution repealing Resolution #2018
and adopting a revised Fire Department
Fee Schedule.
- Economic Development Plan, Vision and
Goals.
Special Meeting to follow
Committee of the Whole Meeting.
CONSENT AGENDA
- An ordinance authorizing the use of
automated speed cameras in Park zones.
- A resolution repealing Resolution #2018
and adopting a revised Fire Department
Fee Schedule.
- Authorize the Mayor to accept the Periodic
Comprehensive Plan Update Grant with
Washington State Department of
Commerce in the amount of $125,000.00.
- Authorize the Mayor to accept the 2023-
2024 Waste Reduction and Recycling
Grant with King County in the amount of
$65,972.00.
- Accept as complete the 2021 Small
Drainage Program; authorize release of
retainage, subject to the standard claim
and lien procedures (final cost of project,
including retainage).
UNFINISHED BUSINESS
An ordinance vacating certain property
located within the City, dedicated for street
purposes, generally described as portions
of South 140'" Street; amending the official
street map of the City.
DECEMBER 19
Regular Meeting
is typically cancelled.
DECEMBER 26
Committee of the Whole Meeting
is typically cancelled.
290